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2001 04 03 CCT4'1t 4 4 Q" City Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, April 3, 2001 - 2:00 P.M. CALL TO ORDER Beginning Res. No. 2001-23 Ord. No. 355 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. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 949569(a) CONSERVE OUR VILLAGE ENVIRONMENT, KIMBERLY ANN BIRD V. CITY OF LA QUINTA, RIVERSIDE COUNTY SUPERIOR COURT CASE NO. INC 021658. NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, if the City is considering acquisition of real property, persons identified as negotiating parties are not invited into the closed session. City Council Agenda RECONVENE AT 3:00 P.M. Page 1 April 3, 2001 OR IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT 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. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS Vill. WRITTEN CORRESPONDENCE - None IX. APPROVAL OF MINUTES MINUTES OF THE MEETING OF MARCH 20, 2001. X. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion unless requested for separate consideration by a member of the City Council or the public. APPROVAL OF DEMAND REGISTER DATED APRIL 3, 2001. 2. ADOPTION OF A RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY PARK. 3. APPROVAL OF A PROFESSIONAL SERVICES WITH PURKISS-ROSE-RSI FOR COMMUNITY PARK DESIGN. 4. APPROVAL OF OVERNIGHT TRAVEL FOR ONE CULTURAL ARTS COMMISSIONER TO ATTEND THE JOINT CONGRESS OF ARTS IN SACRAMENTO, JUNE 7 AND 8, 2001. 5. APPROVAL OF A CONTRACT WITH HARRIS AND ASSOCIATES TO PREPARE THE PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) FOR THE MONTERO ESTATES SOUND WALL, PROJECT NO. 2000-12. City Council Agenda Page 2 April 3, 2001 002 6. ADOPTION OF A RESOLUTION ACCEPTING DONATION OF A PAINTING BY CENTAVA. 7. APPROVAL OF AWARD OF CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, MILES AVENUE SOIL EXPORT, PROJECT NO. 2001-01. 8. APPROVAL OF CALIFORNIA DEPARTMENT OF CONSERVATION GRANT FOR RECYCLING PROGRAM. 9. APPROVAL OF THE YEAR 2000 ANNUAL CULTURAL RESOURCES REPORT FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM. 10. APPROVAL OF OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION AND PLANNING MANAGER TO ATTEND THE MILLENNIUM CONFERENCE TO BE HELD IN BARSTOW, CALIFORNIA, MAY 9-11, 2001. 11. APPROVAL OF OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION AND PRINCIPAL PLANNER TO ATTEND THE 26TH ANNUAL CALIFORNIA PRESERVATION CONFERENCE TO BE HELD IN SAN DIEGO, CALIFORNIA, MAY 17-20, 2001. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO PROVIDE INFRASTRUCTURE INVENTORY AND VALUATION SERVICES FOR CITY CONVERSION TO GASB ACCOUNTING STANDARDS. 13. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD APRIL 14, 2001 ON AVENIDA BERMUDAS. XI. BUSINESS SESSION 1. CONSIDERATION OF CHANGE ORDER NO. 1 TO THE FISCAL YEAR 2000/2001 OBELISK CONTRACT TO CHANGE THE STYLE AND MATERIAL OF THE LETTERING ON THE OBELISKS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE LA QUINTA COURT ART FEATURE AND ART PURCHASE AGREEMENT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A RESOLUTION ESTABLISHING A SALE PRICE FOR THE "GAMBY" MARKETING ITEM. A. RESOLUTION ACTION 4. CONSIDERATION OF NEW DESIGN FOR CITY VEHICLES. A. MINUTE ORDER ACTION City Council Agenda Page 3 003 April 3, 2001 Km XIII XIV 5. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH DALE FRANK AND ASSOCIATES, INC. FOR DEVELOPER IMPACT FEE ELIGIBLE REIMBURSEMENT AND ADDITIONAL CITY ASSISTANCE FOR OFF -SITE IMPROVEMENTS TO WASHINGTON STREET ASSOCIATED WITH THE DEVELOPMENT OF LA QUINTA COURT. A. MINUTE ORDER ACTION STUDY SESSION DISCUSSION OF DRAFT FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2001 /2002 THROUGH 2O05/2006. 2. DISCUSSION OF DRAFT 2001/2002 ECONOMIC DEVELOPMENT PLAN. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (PERKINS) 3. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. DESERT SANDS UNIFIED SCHOOL DISTRICT AD HOC COMMITTEE (HENDERSON/ADOLPH) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE B. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 12. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. REPORT REGARDING THE STATUS OF THE REFERENDUM FILED TO REPEAL RESOLUTION NO. 2001-09. 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 City Council Agenda Page 4 April 3, 2001 " /M XV. MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. 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 (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS PRESENTATION OF LA QUINTA HIGH SCHOOL- AMISTAD HIGH SCHOOL ART AWARDS. XVIII. 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 CONSIDER AN APPEAL OF THE PLANNING COMMISSION DECISION OF FEBRUARY 27, 2001, REQUIRING THE APPLICANT TO ENTER INTO AN IMPROVEMENT AGREEMENT AND BOND FOR 50% OF THE COST OF A SIDEWALK, CURB AND GUTTER BETWEEN THE POINT HAPPY DEVELOPMENT AND THE CLIFF HOUSE RESTAURANT ENTRY DRIVE PURSUANT TO RESOLUTION 2001-025, CONDITION 10.13. APPELLANT: CLIFF HOUSE RESTAURANT B. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION DECISION OF FEBRUARY 13, 2001, CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVING A 65-FOOT HIGH SPRINT PCS WIRELESS MONOPALM ANTENNA AND RELATED COMMUNICATION EQUIPMENT PURSUANT TO RESOLUTION 2001-015 AND 2001-016 FOR ENVIRONMENTAL ASSESSMENT 2001- 409 AND CONDITIONAL USE PERMIT 2001-055 LOCATED AT 49-499 EISENHOWER DRIVE. APPELLANT: STEVE DAVIS A. RESOLUTION ACTION City Council Agenda Page 5 April 3, 2001 005 3. PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 2001-412, SPECIFIC PLAN 2001-052, CONDITIONAL USE PERMIT 2001-056, AND SITE DEVELOPMENT PERMIT 2001-690, A REQUEST FOR 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION; 2) DEVELOPMENT OF PRINCIPALS AND DESIGN GUIDELINES FOR A COMMERCIAL BUILDING CONSISTING OF A RESTAURANT AND OFFICE; 3) AND 4) DEVELOPMENT PLANS FOR THE COMMERCIAL PROJECT, LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND LAKE LA QUINTA DRIVE. APPLICANT: OMRI SIKLAI A. RESOLUTION ACTION 4. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-408, PRE - ANNEXATION GENERAL PLAN DESIGNATION FOR GENERAL PLAN AMENDMENT 2001-074 TO GOLF COURSE AND LOW DENSITY RESIDENTIAL FOR APPROXIMATELY 280 ACRES LOCATED AT THE SOUTHWEST CORNER OF AIRPORT BOULEVARD AND MONROE STREET. APPLICANT: VILLAGE AT THE PALMS A. RESOLUTION ACTION B. INTRODUCTION OF AN ORDINANCE XIX. ADJOURNMENT - Adjourn to a joint meeting of the La Quinta City Council and Planning Commission to be held on April 4, 2001 with a presentation by the Coachella Valley Water District at 6:00 p.m. and the joint meeting to commence at 7:00 p.m. The next regular meeting of the La Quinta City Council will be held at 2:00 p.m. on Tuesday, April 17, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda Page 6 April 3, 2001 006 DECLARATION OF POSTING 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 April 3, 2001, 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, March 30, 2001. DATED: March 30, 2001 J REEK, CIVIC 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. City Council Agenda Page 7 April 3, 2001 007 T4ht 4 4Ctumrw COUNCIL/RDA MEETING DATE: APRIL 3, 2001 ITEM TITLE: Demand Register Dated April 3, 2001 RECOMMENDATION: Approve Demand Register Dated April 3, 2001 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION _ PUBLIC HEARING 44644 - 446551 6,942.30 44456 - 446591 55,520.19 44660 - 446681 21,835.88 44669 - 446811 16,136.83 Wire Transfers', 277,591.61 P/R 6595 - 6663; 90,701.07 P/R Tax Transfers; 26,051.26 CITY DEMANDS $671,714.80 Payable Warrants: 44682 - 447881 245,368.12 RDA DEMANDS 68,432.46 $740,147.26 $740,147.26 FISCAL IMPLICATIONS: Demand of Cash -City $671,714.80 M. Financ Director U6 CITY OF LA QUINTA BANK TRANSACTIONS 3/14/01 - 3/29/01 3/16/01 WIRE TRANSFER - DEFERRED COMP 3/16/01 WIRE TRANSFER - PERS 3/16/01 WIRE TRANSFER - CREDIT UNION 3/27/01 WIRE TRANSFER - RDA ESCROW 3/29/01 WIRE TRANSFER - DEBT SERVICE TOTAL WIRE TRANSFERS OUT $6,281.03 $9,107.08 $5,521.00 $50,000.00 $206,682.50 $277,591.61 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:28PM 03/27/01 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.*** 44682 03/27/01 &01348 KATHRYN CAPPEL 4.00 44683 03/27/01 &01349 CARMEN CASTANON 55.00 44684 03/27/01 &01350 JULIE DALE 65.00 44685 03/27/01 &01351 CLAUDIA DONAHUE 20.00 44686 03/27/01 &01352 LAKE LA QUINTA COMM LLC 10.00 44687 03/27/01 &01353 MASTEC N A INC #426 4227.00 44688 03/27/01 &01354 MICHAEL PHLAUM 55.00 44689 03/27/01 &01355 T J ROGER DRYWALL 25.00 44690 03/27/01 &01356 TEAM DRYWALL INC 15.00 44691 03/27/01 &01363 SANDY JONES 71.00 44692 03/27/01 &01364 CAROLE MOTTINO 72.00 44693 03/27/01 &01365 POWER PLUS 50.00 44694 03/27/01 &01366 DEANNA YOUNG 22.00 44695 03/27/01 AlRO01 A-1 RENTS 20.16 44696 03/27/01 ABL001 ABLE RIBBON TECH 160.85 44697 03/27/01 AME075 AMERICAN RED CROSS 5000.00 44698 03/27/01 AND050 ANDY'S AUTO REPAIR 453.43 44699 03/27/01 ARC100 ARCH 952.61 44700 03/27/01 ATC010 ATCO MANUFACTURING CO 568.10 44701 03/27/01 AUT030 AUTOMATED TELECOM 52.90 44702 03/27/01 BAN150 BANK OF NEW YORK 1500.00 44703 03/27/01 BRI100 BRINKS INC 275.40 44704 03/27/01 BUR200 BURTRONICS BUSINESS SYS 853.40 44705 03/27/01 CAD010 CADET UNIFORM SUPPLY 258.81 44706 03/27/01 CAL032 CA PARKS & REC SOC DST XI 105.00 44707 03/27/01 CAR070 CARDIFF LIMOUSINE INC 8834.85 44708 03/27/01 CAR300 CARQUEST 66.62 44709 03/27/01 CDW050 CDW GOVERNMENT INC 81.45 44710 03/27/01 CEN010 CENTURY FORMS INC 130.24 44711 03/27/01 COR010 CORONA CLAY COMPANY 889.50 44712 03/27/01 COS050 COSTCO BUSINESS DELIVERY 342.04 44713 03/27/01 DEN010 DENBOER ENGINEERING AND 16200.00 44714 03/27/01 DESO40 DESERT JANITOR SERVICE 4378.50 44715 03/27/01 DES060 DESERT SUN PUBLISHING CO 1985.00 44716 03/27/01 DES065 DESERT TEMPS INC 2809.96 44717 03/27/01 DIS035 DISCOUNT SCHOOL SUPPLY 44.76 44718 03/27/01 DLO100 DLO ENTERPRISES INC DBA 2625.92 44719 03/27/01 DOW100 BRIAN DOWNS 101.65 44720 03/27/01 DRU100 DRUMMOND AMERICAN CORP 443.37 44721 03/27/01 EPI100 EPIC ENTERTAINMENT LLC 1000.00 44722 03/27/01 FED010 FEDERAL EXPRESS CORP 231.82 44723 03/27/01 FR1010 SUSAN FRIED 168.00 44724 03/27/01 GAR040 GARZA TURF & POWER EQUIP 174.42 44725 03/27/01 GAT020 GATEWAY BUSINESS 1527.17 44726 03/27/01 GCS010 GCS WESTERN POWER & EQUIP 414.46 44727 03/27/01 GRA007 GRAINGER 183.95 44728 03/27/01 GRE100 JUNE S GREEK 299.70 010 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 4:28PM 03/27/01 PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 44729 03/27/01 HEG050 JIM HEGGE 200.95 44730 03/27/01 HIG010 HIGH TECH IRRIGATION INC 28.50 44731 03/27/01 HIL150 HILTON FARNKOPF & 2840.00 44732 03/27/01 HIM100 DAVID L HIMMLER 1169.00 44733 03/27/01 HIN010 HINDERLITER, DE LLAMAS 1384.65 44734 03/27/01 HOA010 HUGH HOARD INC 2553.63 44735 03/27/01 HOM030 HOME DEPOT 2124.97 44736 03/27/01 IMP100 IMPACT SCIENCES INC 13048.25 44737 03/27/01 INT015 INTERNATIONAL CONFERENCE 23.62 44738 03/27/01 JAG050 JAGUAR COMPUTER SYS INC 252.60 44739 03/27/01 JUD010 JUDICIAL DATA SYSTEMS COR 142.12 44740 03/27/01 KIN100 KINER/GOODSELL ADVERTISNG 5287.46 44741 03/27/01 KRO100 AL KROME 180.47 44742 03/27/01 LAQ010 LA QUINTA ARTS FOUNDATION 37500.00 44743 03/27/01 LAQ040 LA QUINTA CHAMBER COMMERC 37500.00 44744 03/27/01 LAS200 LA SALLE LIGHTING SERVICE 2900.00 44745 03/27/01 L00010 LOCK SHOP INC 96.22 44746 03/27/01 MAR350 RAOUL MARTINEZ 112.45 44747 03/27/01 MOM100 MOM'S GAS STATION 1098.63 44748 03/27/01 NAT025 NATIONAL NOTARY ASSOCIATI 36.00 44749 03/27/01 NAW010 RON NAWROCKI 1000.00 44750 03/27/01 NIC101 NICKERSON & ASSOCIATES 5602.50 44751 03/27/01 OAS050 OASIS WATER PARK 430.20 44752 03/27/01 OUT100 OUTDOOR SERVICES INC 200.00 44753 03/27/01 OWE020 OWEN & BRADLEY 88.00 44754 03/27/01 PAL005 CITY OF PALM DESERT 150.00 44755 03/27/01 PIC100 PICKENS FUEL CORP 8.00 44756 03/27/01 PIT015 PITNEY BOWES 1057.95 44757 03/27/01 PRE015 THE PRESS -ENTERPRISE CO 135.19 44758 03/27/01 PR1020 THE PRINTING PLACE 886.88 44759 03/27/01 PSI050 PSI ENVIRON GEOTECH CONS 1597.00 44760 03/27/01 PUR100 PURKISS ROSE-RSI 3151.48 44761 03/27/01 RAL050 RALPHS GROCERY CO 12.33 44762 03/27/01 RAS020 RASA - ERIC NELSON 1465.00 44763 03/27/01 RES005 RESERVE ACCOUNT 4000.00 44764 03/27/01 RIV080 RIVERSIDE COUNTY HEALTH 2645.00 44765 03/27/01 RIV090 RIVERSIDE CNTY REGISTRAR 936.50 44766 03/27/01 RIV100 RIVERSIDE COUNTY SHERIFFS 2428.80 44767 03/27/01 RIV101 RIV COUNTY SHERIFF/INDIO 2448.00 44768 03/27/01 RIV102 RIVERSIDE COUNTY SHERIFF 1200.00 44769 03/27/01 SAN200 SAN DIEGO ROTARY BROOM CO 516.00 44770 03/27/01 SAX100 SAXON ENGINEERING SERVICE 770.00 44771 03/27/01 SIM025 SIMON MOTORS INC 38.76 44772 03/27/01 SMA010 SMART & FINAL 151.50 44773 03/27/01 SOU007 SOUTHWEST NETWORKS, INC 1594.80 44774 03/27/01 SOU100 SOUTHLAND GEOTECHNICL INC 3305.00 44775 03/27/01 STA045 STAN'S AUTO TECH 225.95 44776 03/27/01 SUN080 SUNLINE SERVICES GROUP 581.52 44777 03/27/01 TER100 TERRA NOVA PLANNING & 9681.78 Oil 004 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 4:28PM 03/27/01 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 44778 03/27/01 TKDO10 T.K.D. ASSOCIATES INC 564.23 44779 03/27/01 TOP010 TOPS'N BARRICADES INC 1282.80 44780 03/27/01 TRI100 TRI STATE LAND SURVEYORS 23900.00 44781 03/27/01 TRU010 TRULY NOLEN INC 86.00 44782 03/27/01 USB100 US BANK 950.00 44783 03/27/01 USO100 US OFFICE PRODUCTS 1265.34 44784 03/27/01 UUN100 UUNET 3100.00 44785 03/27/01 VER210 VERIZON INTERNET SOLUTION 69.00 44786 03/27/01 VOG050 CHRIS A VOGT 310.73 44787 03/27/01 WEB100 BONNIE WEBER 1046.00 44788 03/27/01 WIN010 WINSTON TIRES 181.32 CHECK TOTAL 245,368.12 019 005 0 Z Q rL F O Z \ r N O W U £ Q d d r F Q co N M ElF N M N In F N rn F N M F N M H N M E N M H N r't F N N M E l E N M F N M H N M H Z £ H O O O O O N O O tD O O O N O O O ti O O N O O �1 O O N O O ti O O O O M M O O r O O ul W Q 0 0 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 d W P �fl o Z £ O Z r £ N P > o > 0 > 0 o n z z a n w > a m w > V a U a U a Z a H O F F ft F H ti Q H E Q H E N Q H w Q Z E w z Q F Q Vl to F Q m F w Z w O H 0 o O m F Q O cn F Q O o F U w 0 £ Elfx w O El £ O a u m m u u u m o > a a ❑ m U O ❑ ❑ a U o ❑ ❑ a 0 ❑ ❑ a O ❑ ❑ a 0 ❑ s 0 ❑ ❑ ❑ a 0 ❑ a 0 ❑ ❑ ❑ a 0 ❑ a \ o ❑ ❑ ❑ a 0 ❑ ❑ ❑ Z U w Z w> Z Z W D w> Z z W w> z Z w z W> Z z w ❑ w> Z w Z Z O W w> Z O w> z W z Z ❑ w w> Z 7 w> Z w z Z z w❑ W w w> z Z O w w> Z ❑ w m w w ❑ w a w a w a w a w a w a w a w cc w cr, w w a s w a W a V w ❑ o > Z H❑ • > Z£ �-+ a w m 7 rn .-+ m m M M �n m m m o m ❑ N a z a Q m Ol O� Ol M Ol Ql O1 01 .i w m a � o o w E a m £ o O 0 O o O P P o O r M o O 0 O 0 O 0 0 O O 0 O 0 O D Z r r-I r M r M r M rn P M P r l"1 io rl to rl r r l"1 l"1 r l"1 �O f-1 E Z O O V P O O O P O O O P O O O P O O O N O O O P O O O P O O O P O O O P O O O P P O O O O O O P O O O P O O O Q o 0 0 0 0 0 0 0 0 0 0 0 0 V a a O o Q a Q Q O U El z P a iz+ Q a a GC V a rzi Q w E a Z a Q V E m Q U w a Q z 0 ❑ o a Q Z a x a ❑ a W a Q s >+ cn W w z z O O E H o £ m z a m �-+ a❑ a s Q a z r a x z w £ ❑ w Q � ❑ ❑ Q a w 0 w E a w a z o o a a ❑ h h r r ❑❑ w a O w a w a m H w ❑ Z W < U ❑ a Q Q .. 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O ?� n o o n H H H o 0 0 .. o 0 0 0 0 0 0 0 0 V E O .0 O O 0 O K 4 Z a p p p 0. 0. 0. 0. 0. w U H O O O O 0 O 0 O O O F F D W Y' Y' Y' O 0 O O O O O O rC U m m m m m m m m m m m F F F F F F F F H F F 016 Z N P in �o r W rn o M P �n io r m m o H N M P H N ri P �n m a o H z H 0 r N N M U M l0 tp t0 tO lD tD m M M M M M M M M M M M M �D l0 lD �D �D �O O w E N N N N N N N N N N N N N N N N N N N N N N N N N N (7 a M M M M M M M M M M M M M M M M M M M M M M M M M M r N to F M O O O O O O O O O O� m O� M P P P N Ol N r r ul �Il e e Z F N m o N m P o e M u� r r M O O O O W O O O N O lD O m m O W �Il O N Ol Ol O H M S a U N £ a V a a V a > W U U U U Q a > Q Z F > > > > > > > O O O F O W H F F F a ElQ F+ H �. ❑ a a a a Q Q Q Q a Z a F a cn cn cn cn m m m W m m W W m m m m O H £ O V U U U U V V O O O > a \ ❑ H H H H H H H ❑ U ❑ H ❑ H H H H H H H H H H H z o m z z z z z z z z z z z z a a a a a a a a a a a a a a a a w CD> U V u V V U U> m> £> a m w w w m m a a m a a m m a m ❑ H w w w w W w w w ❑ z❑ o��� z z z z w�❑ o z m U w H❑ a o 01 M �n m r �o m m io m N �n M .� .-� .� H ❑ H D o m m m m m m W i0 M U U U U U U U V u U U U U U U U ❑ � m M M M M M M M O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a Z a Q m w m a 0 o W F a Ol O O O O O O O r O O O O O O O O O H O O O O O N N W r O O O O O O O M O O O O O O O O O H O O O O O O O m£ if] O O O O O O O tp O O O O O O O O O W O O O O O m m Z O O O O O O O O O t0 O O O O O O 0 O O O O O O O O O O F �O �O l0 �O tD l0 t0 t0 �D N r r r r r r r r r r r r r r r r ❑ o r r r r r r m �n o o �n �n �n �n �n o o in ,n u� �n �n o �n in U Q o 0 0 0 0 0 0 0 o P o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 r'I e e Q' e P P P r-1 r H r4 -1 N r{ rl i-i H rl N ti N rl rl N rl a a a a a a a O O O O O O O U H > > > > > > > M a a a a a a a m m W m m m v� cn m W W m W m m W o m D D D D D D D F F F H H H F F F E E H H H H F o w m m W w m W m U U U V U U U U U U V V V U U U `() ❑ U O O O O O O O O O O O O O O O ❑ d a ❑ ❑ ❑ ❑ ❑ ❑ ❑ z ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a U Z Z Z Z Z Z Z H O O O O O O O O O O O O O O O O H a a a a Q Q a a a a a a rx a a a a a a a a a a Q a w w F Q w w w w W W W .-7 W W W w w W W W W W w w w W W w U V o U U V U U U V u m H Q a a a a Q Q z H H H H H H H H H H H H H H H Q 7 Z E F H F E E F z Z G. G. G. [„ [„ L. G. [„ [„ W [„ [„ W Li [„ [l w W " W W W 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W Z F F F F F H H F H D D D D D D p ❑ D D D D ❑ ❑ p p p E w z0 W o O000000 0 0 000000000000000�24 0 0 0 0 0 0 0 0 0 0 0 0 0 O O rl rl H r-1 H H rl O `-1 H H H rl H O F a H H �-+ H .+ H IH o m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U H o a a a a a a a a <n cn m m cn W W u> cn in W W W m m W m Q U F H H E F F F H F p D D D D D D p D p D p p p p p p 017 Z r In �o r m rn m { r c c v m v r a o E Z E 0 \ r N l"1 O W E N N N N N N N a s r N M O O O t+1 O N Z E w Z M O O O� i ❑ M D E c m J-� O d c O O t+t O N M O O r O M Ill O Ol O l0 r1 E H w a Z Ea-F U V E-E U F Z El H F F O O > > O > O W O O O w .. F cn m E. W F a F a E E a s El El E a w a a a O H W O w w O W O O U O O > a H ❑ Z Z ❑ Z ❑ 17 ❑ D ❑ n 1Z+ w d w w w w W w > w F w W w w a > E E > E > FC > <n > a > ❑ ❑ Z Z Z a Z W W V W r �n H ❑ a u� In In rn o • w m rn o > 1 > o m r c M Z Z H ❑ H 7 Z .y M O H Z O V O N 4 ❑ F N 1p M O H x w � m m a o o W F a N o 0 0 0 o rn w o 0 0 0 0 o m ❑ �"� m m rn r r rn E Z ❑ ui v� In in In o 0 U FC o 0 0 0 0 0 0 Z O H E 0 O M El O o V F � ❑ W a ❑ y a o a n a w E a w E U w a 1-1Z U iZy O ¢1 El Z KC S Z ❑ L r a w E El° m ti o a FY o O z z a a z z .] ❑ u� O O W S O m Z O 0 0 > U ¢] 3 F W W Z O > O o 0 0 0 0 0 O o 0 0 O %' .-1 1 N O E O U E+ O Z Z a LD C1 Z < U O O O > > 3 3 0 M 018 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:38AM 03/23/01 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.*** 44669 03/23/01 &01357 JUAN AYALA, DIANE GOMEZ, 500.00 44670 03/23/01 &01358 CARMEN TOMASSI, DANIELLE 500.00 44671 03/23/01 &01359 ANITA HENSHALL, LAURA 500.00 44672 03/23/01 &01360 MELISSA MOLL, FRANK RAZO, 500.00 44673 03/23/01 &01361 ALBERTO FERNANDEZ, TERESA 500.00 44674 03/23/01 &01362 HEATHER ROCHA 500.00 44675 03/23/01 COA080 COACHELLA VALLEY WATER 5464.03 44676 03/23/01 IMPO10 IMPERIAL IRRIGATION DIST 5636.57 44677 03/23/01 IMP015 IMPERIAL IRRIGATION DIST 955.00 44678 03/23/01 MAR020 DIANE MARTIN 35.71 44679 03/23/01 SM1010 MARILYN SMITH 107.90 44680 03/23/01 SPL100 RON SPLUDE 672.00 44681 03/23/01 VER200 VERIZON 265.62 CHECK TOTAL 16,136.83 o l(; 01.9 Z O M W W w w W W w w w w w w w w w W w W w F H F F F H F F F F F F F F F H H H H O o o O o o rn o m M N I m o io M Ol Qi P 0 0 0 0 0 o P P ui rn N r m o o 10 m 0 0 0 0 0 o M m vi m o u� in .H r- o H rn N Jl ifl N �fl N N N N ill N m N ifl r v ri N O O O O O O M O O O O O O O O O O O O O P U � U � V ✓� V N U ul U ul P H F F F F F w m H m H m H m H m H H m w m m m m £ O E O x O £ O £ O £ O O H F I H I H H H H H H F a s a s El ElH F H H U U U U U U U a a a a a V a v a V a U a V a U a > > > > > > >> a V U U v U H o H o H o o H o H o m m m m m m m o H H Z Z Z Z Z Z a a a a a a a a Z H H F w W w W W w w W W W W W W W w W w W w W W u u U U U a> a> a> a> a> a> E. H F H F H F F> w w w W w H H H H H ti^ 2 4C < K fC Ft 2 a a a a a o O m m m M U1 m O o m m m m m D O O O O O M M O O C O O O O O O O O m m O O O O O H H H H O O H H H H H aH a a a a a r r a a a a a O O O O O O O O O O O O O O O f`l f`l M M M rl rl -1 N r1 N N N N N o O o O O N rl N w w ❑ a FC N z a w FC w ❑ o m a a a a a a o z £ w a F w r = ¢ o < z £ H H W U t £ C r m m o H M M M M f"1 o O w w o w 0 0 w w a a a a a a a a w w w w w w w w F H F F F F F F 3 3 3 3 3 3 3 3 r r r r r r r r w w w w w w w w a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a w w w w w w w w s s s s s s s s U U U U U U U U O O O O O O O O V V U U U U V U 0 0 0 0 0 0 0 0 m m m m m m m m O O O O O O O O O O O O O O O O V U U V U U U U £H 00000027 rl .1 .1 rl H O O O O O a a a m a H H H H H 090 z m rn to m s �D r m m a o F z r. c M N � N x M U C7 C9 C7 C7 C9 U C7 U U C7 C7 Q w W w w W w w W W W £Q W m E F F F F H F F F F N rl H N o o r rn o r o rn m Z F w Z m O ifl ifl r N tp r I1 £ o M n o M o r M r r r Q £ a Q �n o r m o is O O n n r N ✓. M H �n M o r is � U U W w Z Z Z Z O O U U £ W U .7 U U (n .7 .] ❑ .] > a >> Q w Q a a o a Z m E cn m O O O V H Q Q Q a O O U U U H a 0 a 0 U a o a a F a H>>> a O �-+ H O H H O �n O > > O U O F cn m m O > a a❑ a a❑ ❑ ❑ o❑ Q ❑ z U u w w 0 E E a w z z z w w W> w w> H> > m> a o 0 0> ❑ a a s w w z a x x x w w V W H ❑ a (n N N ti r-I O W o m r rn > > Z Z £ 2: H ❑ H '� a r V Q' Q' ❑ > r �n �n n x a a m m a I o o w F Z N O O O O M M M M M F Z v M C N o M M M U ti v v rl r+ r. ti .y ,ti ti F E H � m m H H ❑ G ❑ Z z z M O O O o F F E Q Q Q a c7 co co Q N H H $ ce a a z F I a a s H H Q H H H F £ w a s £ z a z z z z 0 0 0 £ a > > > > H w w z o > o n n o 0 0 0 0 0 0 O .-i ti ti N N O O O O O O N O O O O O f+ N N N N 0 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.*** 44661 03/20/01 CAL166 CALIFORNIA PAVEMENT 44662 03/20/01 CIT050 CITY CLERK'S ASSOC OF CAL 44663 03/20/01 COA080 COACHELLA VALLEY WATER 44664 03/20/01 ELRO10 EL RANCHITO 44665 03/20/01 IMPO10 IMPERIAL IRRIGATION DIST 44666 03/20/01 INT015 INTERNATIONAL CONFERENCE 44667 03/20/01 REY050 ELAINE REYNOLDS 44668 03/20/01 REY055 FRANK R. REYNOLDS P.E. CHECK TOTAL 4:09PM 03/20/01 PAGE 1 PAYMENT AMOUNT 20434.70 300.00 135.00 256.18 400.00 210.00 50.00 50.00 21,835.88 029 022 4t a o E z 0 0 N \ r+ m r� U (7 C7 V U C7 f7 U C9 O w F £ £ £ £ £ E £ £ £ m E E+ F F E F E E a a 0 o 0 o m o 0 0 0 v F r o 0 0 0 0 0 Z E <C £ O m � N O O O W O O O O r O O N O O O O o ry \ F U N N m £ Z O w rn H w FC O U o a a w a a w a w a W a z a Z P: F Z F z E .] E z E F F F a F• o w o 0 o Z c o z o 0 o a o a o W H H F O E U E O E W F a F \ H V H Z F U Z U a F H n. O a . a a ❑ a f.Z a a U a o o a o w o 0 o w o a o a w > a E❑ E ❑ u❑ V❑ v❑❑ am Em Z Z W E> > a> E> a> E> a> U> ❑ w w w � w w w a w w v w � �; ❑ a o 0 0 p W c o 0 > > m W N N z z £ x ti O H O a m m ❑ U W W H x FC z m � m W m a I o o w E E D rn r rn r rn r rn m Z o t+t o t•l o t•l o 0 w F O N O W O m Ul �fl O V (1 0 0 0 0 0 0 0 0 a i E w V W U w W ❑ W w O F a F 2 Z w o m Z V 3 O w O £ W N E O O a > a a a a z W N z t > O a a a r E o r a w F I-. a Q a Z z w a x a E a m a a a U a Q a O < a z a a z x a a s o a F a w F a a a ❑ a' o a £ z a a E w c Z O O r r+ o 0 0 0 0 0 0 U E r7 F r( a a F >+ >+ FC U U U U 030 023 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER ;ITY OF LA QUINTA BANK ID: DEF ;HECK CHECK VENDOR ]UMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 44656 03/15/01 &01347 PHYLLIS YUNKER 44657 03/15/01 GUD100 GUDMANN/SLAUGHTER STUDIO 44658 03/15/01 KIN100 KINER/GOODSELL ADVERTISNG 44659 03/15/01 STE070 STEWART ESCROW CHECK TOTAL 2:22PM 03/15/01 PAGE 1 PAYMENT AMOUNT 168.93 8062.50 2188.76 45100.00 55,520.19 031 024 a O H Z H 0 x M V U U !L a a V O W El£ £ O O O O O O £ z 0 ri w W U U U U V U W W £ 4C m F F F F F E F F F F a a rn M • M O r r .H .-y W m �O O H F Ol ifl m m M t+) �D lD r o Z F W Z W N N N r-1 W W m O £ D �D l0 r r rn rn lD l0 m o W W I N a C M O O tp O m N O m 0 0 .. w o .. (J m N G� ifl w z W O a E a U z a a s a a H a o a a a a z a ZO HO Z O w o O a o E w H U E E E E < E £ H a a W u) W W w m m a u a o o ff 4 o U o w w w w W W o m o 0 > a �❑ ❑ H H H H ❑ W❑ w❑ z o m z O z a a a a a a z £ z z H w £ w H w w a w a a a W o w a w W H> >> ❑ W H O O O D D D Z O W w U W x H ❑ �. r r N N M M m W M M N lf] N N M > > > m M M r r ifl ul r r Z Z I --I ❑ H O N N N N N N � O H Z O O O O O O N O ❑ M M rn rn o o H v H x w � m m a I o o W H C o rn r r M M r r .ti o m O m W W m m W W m O o M M M M M M M M �n In Z o 0 0 0 0 0 0 0 o m H Z N r-I M M M M m y M �I1 O O O ul ul ul ifl N� O O O N rl v' P C V v v H Ol U r1 0 0 0 0 0 0 0 0 o O O Z H cn ❑ H ❑ E E a W w M > o a ❑ o w a N F w K S a 3 a w u a o x w W a Z n U FC o a H H F E E E ❑ �n a W z a a a a a a O m H to Z W W W W w W V E+ FC z H z ❑ ❑ ❑ ❑ ❑ ❑ � a s a a a E W w W W w w w 3 m (1 o N ❑ £ £ £ £ £ £ z w a ❑ z - o 0 0 0 0 o E E W w Z O > r o 0 0 0 0 0 0 0 0 O v O M M M M t+l M O r O t•1 rl O O O O O O H O U H U H o D O O O O O O H E FC V S S S T T x U] 032 025 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:04PM 03/14/01 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.*** 44644 03/14/01 BYRO10 RIV CO SHERIFF 256.80 44645 03/14/01 COA080 COACHELLA VALLEY WATER 1605.00 44646 03/14/01 COA082 COACHELLA VALLEY WATER 1605.00 44647 03/14/01 COA083 COACHELLA VALLEY WATER 1605.00 44648 03/14/01 INT005 INTERNAL REVENUE SVC-ACS 50.00 44649 03/14/01 LAQ050 LA QUINTA CITY EMPLOYEES 286.00 44650 03/14/01 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 44651 03/14/01 ROB150 STEVE ROBBINS 225.00 44652 03/14/01 ST0100 STORIGHT SYSTEMS LTD 129.00 44653 03/14/01 SUP100 SUPPORT PAYMENT CLEARING- 150.00 44654 03/14/01 TYLO50 ROBERT T TYLER 425.00 44655 03/14/01 UNIO05 UNITED WAY OF THE DESERT 179.00 CHECK TOTAL 6,942.30 033 026 H 0 \ a F O Z c m H U m C9 C7 V rn rn rn C7 V s C7 rn c� £ Q a m F W H w F w F o, H rn E rn F w F w H m E w H rn H a a rn Z o E 0 0 0 0 0 0 0 0 0 0 o c £ x Ul O O O ul m N N N if) N f Q £ H H rl a a � 0 0 0 0 0 0 0 0 0 0 0 0 V N ❑ O ❑ O ❑ O m o N o ❑ m ❑ m m Z N O .n N rn w o N O �n 2 O .n N m r a a H a H Q ti Q H H i O a I a (n a U a m H I a a 1 H m I H m a 3 H S to H H H T m w T O U U T � U U ❑ F Z Z Q a Q Z Z \ Z \ H £ a a s s H a ❑ a H a ❑ a H a ❑ a a s a Q oa a a a a s w s a a a a s s a Q w U a a H a z a r a Z C7 0 F o w F E o w F £ o W F £ o U' H 0 a H V 0 Z 0 Q F a o w F V H o o Z a F o D F 0 a W U H F u F F (Y. H w H C E u t-i F s1 E > ❑ F m Q F H u > ❑ F H N O H m 0 F 0 H O E O O O N Q O O O N O O m O > Z a U Q ❑ Z w ❑ £ Z w ❑ £ Z W ❑ £ Z .H ❑ ❑ Z 2 o _H Z ❑ ❑ a Z W ❑ Z z ❑ .� ❑ Z ❑ Z � W ❑ Z � ❑ ❑ Z H to w a> W \ c> > > \ W U> \ w o> w a> a> w a> w > a> W H a> W w a> > a> w W- a> to ¢� to O U W n. m H w a H m ❑ w [N o > > w m w H ❑ H � o m ❑ D F H � Q Z a Q m w m a I o o w F rk w o o r� �n rn in ri in o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 £ Z N O O O N N N M O N r'1 N F U Q O o O O O O O O O O O O to O 17 C7 z F w a w a w a w a w r s oEl a w Q Q Q > F ❑H [Q] o £ w U W O n N W >+ W N w w ❑ w ❑ Ul £ H S F m Q w W a W F F �/1 Ela W W H IZ > a > < a > > W H U Z Z £ .7 0 w H s a a a a a w m w F a a z m H n a a a a a a a a E z ❑ H o a E x E H a a �+ d o U w x w x w x z a ❑ a w H a o E a ❑ w a a s a o U a V a o a w E d w > w a o w m w m E .-1 ❑ O O O Z Q H H U O 04 F w Z O w > O O N O O O O O O ✓1 ❑ O N U ElIL ri O m O Q m O Q m O Q 0 O El � O (Dim v O > to O 0 O H ifl O O O U H Q >. O O O Z Q H O E o r Z Iy� r/y V 4y I A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 43328 DEF 11/29/00 133.98 MCD100 PAUL MC DONNELL TREASURER PROPERTY TAX TOTAL VOIDED 133.98 11:19AM 03/16/01 PAGE 1 0 3 J mms A/P - AP6002 CHECKS TO BE VOIDED 4:OOPM 03/20/O1 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 44447 DEF 02/28/01 50.00 REY055 FRANK R. REYNOLDS P.E. TOTAL VOIDED 50.00 INVOICE DESCRIPTION ARCHITECT/LANDSCAPE DESIGN CO! 030 029, A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 44446 DEF 02/08/01 50.00 REY050 ELAINE REYNOLDS TOTAL VOIDED 50.00 3:58PM 03/20/01 PAGE 1 INVOICE DESCRIPTION CULTURAL ARTS COMM MTNG 037 030 T4ht 44ouQ" COUNCIL/RDA MEETING DATE: April 3, 2001 IYlt�iu ILILYI! � �A Adoption of a Resolution Approving the Application for Grant Funds for the Community Park RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: oL- Adopt a Resolution of the City Council approving the application for Grant Funds for the Community Park. FISCAL IMPLICATIONS: The City of La Quinta was notified that $500,000 from the Safe Neighborhoods and Parks Bond Act (Proposition 12) had been allocated for the design and construction of soccer fields at the Community Park. Upon filing the application and necessary resolution, the funds will be available for use for the Community Park design and construction. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City received notification from Assemblyman Battin's office that the City had been awarded $500,000 from the youth soccer/baseball facilities segment of Proposition 12. These funds can be used only for the design and construction of youth soccer/baseball facilities. The definition of youth soccer/baseball facilities for expenditure of the Proposition 12 funds will allow for one youth soccer and/or baseball facility to be built. The final design of the Community Park provides for 12 various sized soccer fields. The Proposition 12 funds can be used to pay for the cost of that portion of the design and construction of the park site. There is an application form that must be submitted to the California Department of Parks and Recreation for reimbursement once the facilities have been awarded for construction, as provided in Attachment 1 . Ai The amount of funds allocated to the construction of the park site during fiscal year 2000-01 from the Capital Improvement Program is $2,000,000 and Proposition 12 funds will provide $500,000 for a total of $2,500,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. 2. 3. Resp Adopt a Resolution of the City Council approving the application for Grant Funds for the Community Park; or Do not adopt a Resolution of the City Council approving the application for Grant Funds for the Community Park; or Provide staff with alternative direction. Ily syibmitted, WVA ie Horvitz)VC41munity Services Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1 . Application for Local Assistance Grant 039 00 S:\Community Services\CCReports\CC.104.Prop 12 Grant.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY PARK SOCCER FIELDS AND RELATED AMENITIES WHEREAS, the Legislature and Governor of the State of California have approved a grant for the Community Park soccer fields and related amenities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Grantee to certify by resolution the approval of application before submission of said application to the State: and WHEREAS, the Grantee will enter into a contract with the State of California for the Community Park soccer fields and related amenities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . Approves the filing of an application for local assistance for the Community Park; and 2. Certifies that the Grantee understands the assurances and certification in the application form; and 3. Certifies that Grantee has or will have sufficient funds to operate and maintain the project; and 4. Certifies that the Grantee has reviewed and understands the General Provisions contained in the Project Contract shown in the Procedural Guide; and 5. Appoints the City Manager or his designee as agent to conduct all negotiations, execute and submit all documentation including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the Community Park soccer fields and related amenities project. 040 0 S:\Community Services\CCReports\CC.104.Prop 12 Grant.wpd Iv Resolution No. 2001- Community Park Soccer Fields and Related Amenities Adopted: April 3, 2001 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3" Day of April, 2001, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California 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 Z S:\Community Services\CCReports\CC.104.Prop 12 Grant.wpd ATTACHMENT 1 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION APPLICATION FOR LOCAL ASSISTANCE GRANT PROJECT NAME Community Park Soccer Fields and related amenities GRANTEE (Agency and City of La Quinta P.O. Box 1504 La Quinta, CA 92253 AMUUNI $ 500,000 ESTIMATED TOTAL PROJECT COST (State Grant and other funds) $ 3,900,000 COUNTY NEAREST CITY Riverside La Quinta NEAREST CROSS STREET Northeast corner of Adams and Westward Ho SENATE DISTRICT NO. ASSEMBLY DISTRICT NO. 37-Battin 80-Kelley Thomas P. Genovese City Manager 760-777-7000 Name (type) Title Phone Person with day -day responsibility for project (if different from authorized representative) Dodie Horvitz Community Services Director 760-777-7032 Name(type) Title Phone Brief description of project Design and construction of an 18 acre park site. Amenities to include 12 various sized soccer fields with -lights, two youth baseball;fields with lights, one concession stand and restroom facility, shade structures and bleachers, tot lot, skate park and walking path. For Dev. projects Land Tenure — Project is: 1 R acres: X Acres owned in fee simple by Grant Applicant Acres available under a Year lease Acres other interest (explain) For Acquisition projects -Projects will be Acquired in fee simple by Grant Applicant Acquired in other than fee simple (explain) I certify that the information contained in this project application form, including required attachments, is accurate. Signed Grantee's Authorized Representative as shown in Resolution Date acres 019 C► 0 r, T4tit 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: STUDY SESSION: Approval of a Professional Services Agreement PUBLIC HEARING: with Purkiss-Rose-RSI for the Plans, Specifications and Engineer's Estimates for the Community Park RECOMMENDATION: Approve a Professional Services Agreement with Purkiss-Rose-RSI for the Plans, Specifications and Engineer's Estimates for the Community Park, authorize the appropriation of $21,455 from the Quimby account, and authorize the City Manager to execute the Agreement. FISCAL IMPLICATIONS: The Capital Improvement Program for Fiscal Year 1999/00 provided $25,000 for the Community Park Master Plan update and $200,000 for Professional Services to include the Plans, Specifications and Engineer's Estimates (PS&E) for a total of $225,000. The current budget for the design of the Community Park is as follows: Capital Improvement Program 1999/00 $225,000 Administration $25,000 Master Plan Update $13,850 Construction Documents for Base Bid $165,020 Construction Support $31,410 Design Additive Alternates without skate park amenity $1 1,165 Total ($ 21,445) Staff is recommending an additional $21,445 be allocated from the Quimby account to cover the remaining balance needed to provide PS & E's for the Community Park Phase I and all additive alternates excluding the skate park. The Quimby account has funds available to provide for this allocation. 043 CHARTER CITY IMPLICATIONS: 01rem BACKGROUND AND OVERVIEW: February 1, 2000: The City Council authorized staff to negotiate a Professional Services Agreement with Purkiss-Rose-RSI to update the Community Park Master Plan. March 7, 2000: The City entered into a Professional Services Agreement with Purkiss- Rose-RSI to provide the Community Park Master Plan update. July 2000: The City Council appropriated $2,000,000 from the Parks and Recreation portion of the Development Impact Fees in the 2000-01 Capital Improvement Program to develop the first phase of the Community Park. The City also received notification from Assemblyman Battin's office that the City had been awarded $500,000 from the youth soccer/baseball facilities segment of the Safe Neighborhoods and Parks Bond Act (Proposition 12). These funds can be used only for the design and construction of youth soccer/baseball facilities. The amount of funds allocated to the construction of the park site during Fiscal Year 2000-01 include $2,000,000 from the Capital Improvement Program and $500,000 from Proposition 12 for a total of $2,500,000. At the February 6, 2001 City Council meeting, the City Council provided direction to the Consultant to finalize the Community Park Master Plan with the essential elements and priority one amenities and directed staff to begin negotiations with Purkiss-Rose- RSI to provide Plans, Specifications and Engineer's Estimates. Attachment 1 is a Professional Services Agreement which provides for the PS&E for all the amenities except for the skate park. The PS&E for the skate park would add an additional $19,340 to the Professional Services Agreement cost. In order to provide for the PS & E's for the Community Park Phase I amenities as provided in Attachment 2, as well as all of the additive alternates excluding the skate park, an additional $21,445 will be needed. A funding source that can be used for this purpose is the Quimby account, which is specifically designated for the design and construction of public park facilities. This account has funds available for this purpose. The tentative schedule for this project is provided as Attachment 3. Please note that this time line is tentative, dependent upon approvals as necessary with each task. It is anticipated that once the Professional Services Agreement is executed, the review of the project will begin in April. It is anticipated that the Construction Documents will be ready for review by the Planning Commission by mid to late -July. The final plans for the Community Park are anticipated to be ready for City Council consideration late - October. m,, ��yy , S:\Community Services\CCReports\CC.100.Community Park Design.wpd V 6. It is anticipated that once the Construction Documents are approved by the City Council, the bidding process will take approximately 6 weeks or late November. The contract time frame is scheduled for December with City Council approval late December. From the award of contract, it is anticipated that the construction period for the park will be 180 days or completed in early July 2002. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Professional Services Agreement with Purkiss-Rose-RSI for the Plans, Specifications and Engineer's Estimates for the Community Park, authorize the appropriation of $21,455 from the Quimby account, and authorize the City Manager to execute the Agreement; or 2. Approve a Professional Services Agreement with Purkiss-Rose-RSI for the Plans, Specifications and Engineer's Estimates for the Community Park, do not authorize the appropriation of $21,455 from the Quimby account, and authorize the City Manager to execute the Agreement; or 3. Do not approve a Professional Services Agreement with Purkiss-Rose-RSI for the Plans, Specifications and Engineer's Estimates for the Community Park; or 4. Provide staff with alternative direction. ly su orvitz, CoxYm4ity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Professional Services Agreement With Purkiss-Rose-RSI 2. Phase I Amenities for the Community Park 3. Community Park Time Line 045 S:\Community Services\CCReports\CC.100.Community Park Design.wpd 0l13 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and PURKISS-ROSE-RSI, a California corporation, (the "Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF Consultant A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services related to the Community Park Master Plan Update, as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant agrees 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. B. Consultant's Proposal. The Scope of Work shall include the Consultant's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. C. 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. D. Licenses, Permits. Fees and Assessments. 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. E. Familiarity with Work. By executing this Agreement, Consultant represents that (a) it has investigated and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by THE CITY, it shall immediately inform THE 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 5.13 hereof). F. Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 THE CITY, except such losses or damages as may be caused by THE 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 THE CITY, when such inaccuracies are due to the negligence of Consultant. KE Page 1 of 30 005 G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached as Exhibit `B" hereto and incorporated herein by reference, when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding fifteen percent (15%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 2.0 DELIVERABLES. A. Generally. Consultant shall be responsible for preparation of Instruments of Service or deliverables as specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only, and on a 3.5" disk in Word Perfect 7 format. All graphic material shall be as specified in Exhibit "C" or as directed by the City. B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of Meetings, attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended by mutual consent of the CITY' S CONTRACT OFFICER, and Consultant. C. Months Progress Reports. Consultant shall submit to THE CITY a written monthly progress report attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. • Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and herein incorporated by reference, and any delays or deviations from the Project Schedule, attached as Exhibit `B" hereto and incorporated herein by reference. • Work planned for the next reporting period and anticipated accomplishments. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by Consultant. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to Consultant. D. Quarterly Update. THE CITY may require that Consultant update the Project Schedule on a quarterly 047 006) Page 2 of 30 basis, dependent upon the nature and number of extensions that may have been previously approved. These updates are considered a deliverable and, as such, a condition of this Agreement. 3.0 COMPENSATION. A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to Consultant an amount not to exceed two hundred seven thousand five hundred ninety five dollars ($207,595) in accordance with the "Project Budget ", dated, and attached as Exhibits "E", and "Hourly Rates" as specified in a letter dated, attached as Exhibit "F", each Exhibit which is incorporated herein by reference. B. Maximum Amount of Allowable Costs. The "Project Budget " and "Hourly Rates" attached as Exhibits "E & F", states the maximum allowable costs ("total costs" as shown in the last column) for each of the tasks identified in the "Scope of Work" Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference. To shift funds from task to task in order that the maximum allowable cost for any task is to be increased or decreased requires the mutual consent of THE CITY'S CONTRACT OFFICER, and the Consultant. Preparation and distribution of a letter of confirmation by Consultant shall be incorporated as a matter of record into this Agreement upon mutual consent to shift funds. C. Payment to Consultant. Payment shall be made to Consultant only. It shall be the responsibility of Consultant to pay all Consultants, subConsultants and/or vendors for purchased goods or services. D. Payment in Arrears. Payment to Consultant shall be made in arrears, not more frequently than once every month, except that advance payments may be made for expenses related to - "Workshops" when circumstances dictate and when approved by THE CITY. E. Total of Invoices. The total of all invoices for tasks submitted by Consultant shall not exceed the amount set forth in the AGREEMENT SUM above. F. Actual Costs. Reimbursement for the services of Consultant shall be based upon actual expenses incurred. G. Method of Payment. 1). Consultant shall prepare a checklist of milestones (Project Milestones for Progress Payments, Exhibit "G"), such as meetings (List of Meetings attached as Exhibit "D"), and/or deliverables (List of Deliverables attached as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY'S approval of this checklist, payment up to and including ninety percent (90%) of the maximum allowable cost for each task shall be made to Consultant in accordance with the checklist. By way of example, for a month in which Consultant prepares and submits to THE CITY a draft report which is identified on the checklist as representing thirty percent (30%) of the total work to complete that Task, Consultant may request payment in the amount of thirty percent (30%) of the maximum allowable cost for that task. THE CITY shall make payment to Consultant for all such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum allowable cost for that task. Aforementioned Project Milestones for Progress Payments as approved by THE CITY is attached as Exhibit "G" an incorporated herein by reference. 048 Page 3 of 30 2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for each of the aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this Agreement and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit "G" and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten percent (10%) as a lump sum payment to Consultant, upon receipt, review and approval of the Community Park Master Plan. Consultant'S obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of the final monthly payment. 3). Payment of Reimbursable. Reimbursable expenses shall be paid in full with every invoice. In no event shall Consultant be reimbursed for any expense related to the purchase and/or consumption of any alcoholic beverage. Costs related to reproduction, printing, and supplies shall be reimbursed on the basis of actual charges. H. Responsibilities of Consultant. In any month for which Consultant is entitled to payment, Consultant shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: • Submitted by or on the tenth day of the following month; • Submitted in a format prescribed by THE CITY. • Submitted together with a monthly progress report. • Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.) or in a format approved by the City. I. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to Consultant shall be made as promptly as fiscal procedures permit, generally within 30 days. J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the undisputed portion shall be paid. Consultant'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify Consultant in writing of the basis of the dispute or contest. K. Records. THE CITY shall have the right to review all books and records kept by Consultant and any sub -Consultants in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by Consultant'S or sub -Consultants' books or records. Consultant shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. L. Task Budget Amendments; Obligation of Consultant. It shall be the responsibility of Consultant to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the Project Schedule. 049 11108 Page 4 of 30 4.0 PERFORMANCE SCHEDULE A. Schedule of Service: Consultant will perform services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" (also referred herein as the "Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as the Project Schedule) attached hereto as Exhibit "B" 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 the Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. D. Term. Unless earlier terminated in accordance with Section 8.H 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 (Project Schedule) attached hereto as Exhibit "B". 5.0 COORDINATION OF WORK A. 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: Steven N. Lang, Landscape Architect It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for THE 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 THE CITY. B. Contract Officer. The Contract Officer shall be the City Manager or his designee of THE CITY. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by THE CITY to the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the approval of the Contract Officer. 050 L, 40 9 Page 5 of 30 C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, Consultant shall not contract with any other entity (other than those included in the Scope of Services) to perform in whole or in part the services required hereunder without the express written approval of THE 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 THE CITY. D. Independent Consultant. Neither THE 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 Consultant of THE CITY and shall remain at all times as to THE CITY a wholly independent Consultant 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 THE CITY. E. THE CITY Cooperation. THE CITY shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed which are reasonably available to THE CITY. THE CITY shall additionally provide Consultant staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by Consultant hereunder. 6.0 INSURANCE, INDEMNIFICATION AND BONDS. A. Insurance. The Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's negligent or wrongful acts or omissions, to the extent of the Consultant's negligence or wrongfulness, rising out of or related to Consultant's performance under this Agreement. Consultant shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to THE CITY. 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 THE CITY nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE CITY and its officers and employees as additional insureds as to the Consultant's liability hereunder shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. 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 THE CITY, its Consultants or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (personal injury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the aggregate $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 05, C I O Page 6 of 30 B. Indemnification. The Consultant shall defend, indemnify and hold harmless THE CITY, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) and for errors and omissions committed by Consultant, its officers, employees and agents, arising directly or indirectly out of or related to Consultant's negligent or wrongful performance and to the extent of the Consultant's negligent or wrongful performance under this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers or employees. C. Performance Bond. (Not Applicable to this Agreement). D. Payment Bond. (Not Applicable to this Agreement). E. Remedies. In addition to any other remedies THE 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, at its sole option: 1). Order the 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. 2). Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have and 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 subConsultants' performance of work under this Agreement. 7.0 RECORDS AND REPORTS. A. Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. B. 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 principles. 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. C. 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, subConsultants and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the 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 THE CITY of its full rights of ownership of the documents and materials hereunder. Page 7 of 30 (' I I Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied herein. Consultant shall cause all sub -Consultants to assign to THE CITY any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify THE CITY for all damages suffered thereby. The City acknowledges such documents are instruments of the Consultant's professional services. The City agrees to indemnify, defend, and hold Consultant harmless from and against any claims, costs, losses and damages as a result of the City's misuse or reuse of such drawings, specifications whether in print or in electronic form. D. 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, or if Consultant must use in defense of a claim. Consultant shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 8.0 ENFORCEMENT OF AGREEMENT. A. 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. B. 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, THE CITY may take such immediate action as THE 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 THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H. C. Retention of Funds. THE CITY may withhold from any monies payable to Consultant sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of Consultant in the performance of the services required by this Agreement. D. 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. THE CITY's consent or approval of any act by Consultant requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE 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. E. Riehts 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 r Page 8 of 30 0153 b U other rights or remedies for the same default or any other default by the other party. F. 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. G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement). H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.I for termination for cause. THE 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 Project Budget (Exhibit "E") or such as may be approved by the Contract Officer, except as provided in 8.C. I. Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.13, take over the work and prosecute the same to completion by contract or otherwise, and the 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 THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the Consultant for the purpose of set off or partial payment of the amounts owed THE CITY as previously stated in 8.C. J. 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. 9.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. A. Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Interest. No officer or employee of THE 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. C. 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 Page 9 of 30 054 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. 10.0 MISCELLANEOUS PROVISIONS A. Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 10.A. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Consultant: PURKISS-ROSE-RSI 801 North Harbor Boulevard Fullerton, CA 92832 Attn: Steven N. Lang B. Integ_rated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. C. 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. D. 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 judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect 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. E. 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. Dated: CITY OF LA QUINTA, a California Charter and Municipal Government THOMAS P. GENOVESE, City Manager "CITY" Page 10 of 30 055 1)14 ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney PURKISS-ROSE-RSI, aCalifoornia corporation By: C`x by I iJ� Name: C KCLy lc p 45e-� Title: ?V- Dated: -2,—Z7-01 "Consultant" 056 Page 11 of 30 015 EXHIBITS "A" Scope of Services "B" Project Schedule "C" List of Deliverables "D" List of Meetings "E" Project Budget "F" Hourly Rates "G" Project Milestones for Progress Payments 057 LCIII 6 Page 12 of 30 EXHIBIT "A" SCOPE OF SERVICES The project is divided into two parts: PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed. • Prepare basesheet for construction drawings • Based upon approved Master Plan, obtain approval for all site materials, equipment and site furnishings. • Based upon approved Master Plan and the additive alternates determined by the City Council, prepare final plans, technical specifications and bidding documents in sufficient detail to obtain competitive construction bids. Plans shall incorporate City standards and meet all federal, state and local requirements as necessary. City shall provide final "Boiler Plate" for incorporation with technical specifications. Construction documents will include: Demolition Plan Grading and Drainage Plan Public Utility Plan Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) Planting Plan Irrigation Plan Architectural Plans for Concession/Restroom Building Electrical Plans (sports field lighting, security lighting, irrigation controller service, buildings, public telephone) Construction Details Technical Specifications Additive Alternates as indicated below: Basketball Court Walking Path and Exercise Stations Picnic Shade Structures (2) (premanufactured) Tot Play Area • All construction will be in accordance with current ADA and Title 24 requirements. • Submit for 50% review by City Planning Commission, Architectural Review Committee Page 13 of 30 058 1017 and other agencies. Make necessary corrections to plans, as needed. • Present itemized opinion of probable costs for review and approval by City. • Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. • Prepare final opinion of probable costs. • Assist City staff in bidding process as required. Participate in pre -bid meeting if scheduled by the City. • Prepare any addendum required. PART TWO: CONSTRUCTION SUPPORT SERVICES (6 MONTHS) • Attend pre -construction conference. • Review and approve all shop drawings and submittals. • Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies (12 meetings) • Participate in the review of the Contractor's interim pay requests. • Assist in processing requests for information (BFI's), quotation requests and change orders. • Participate in final walk through and prepare punch list for Contractor's action. • From "As Built" information provided by Contractor, revise drawings to produce "record drawings" indicating underground changes. Page 14 of 30 Community Park, City of La Quinta SCOPE OF WORK This Scope of Services is being suggested with full recognition that more detailed and accurate breakdowns can be developed after substantial input by staff. The specific tasks and their sequence are based on our experience with projects of similar scope and complexity. It is our firm's intent to produce a final product that meets your objectives in terms of citizen participation, design quality, innovation, budget control, and completion schedules. This program can still be modified to ensure attainment of these goals. The work plan will include, but is not limited to, the following: PHASE I - CONSTRUCTION PLANS AND SPECIFICATIONS Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed. (1 meeting) 2. Prepare basesheet for construction drawings. 3. Based on approved Master Plan, obtain approval for all site materials, equipment and site furnishings. 4. Based on approved Master Plan and the additive alternates determined by the City Council, prepare final plans, technical specifications and bidding documents in sufficient detail to obtain competitive construction bids. Plans shall incorporate City standards and meet all federal, state and local requirements as necessary. City shall provide final "Boiler Plate" for incorporation with technical specifications. The construction documents will include: • Demolition Plan • Grading and Drainage Plan • Public Utility Plan (sewer, water, gas) • Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) • Planting Plan • Irrigation Plan • Architectural Plans for Concession/Restroom Building • Electrical Plans (sports fields lighting, security lighting, irrigation controller service, buildings, public telephone) • Construction Details • Technical Specifications purkiss rose-rsi Page 15 of 30 0 6 0 �� Community Park, City of La Quinta SCOPE OF WORK Additive Alternates as indicated below Basketball Court Exercise Trail & Stations Picric Shade Shelters (2) Premanufactured Ornamental Fencing Tot Play Area Skateboard Park All construction will be in accordance with current ADA and Title 24 requirements. Submit for 50% review by City and other agencies. Make necessary corrections to plans, as needed. (2 meetings, 1 w/staff and 1 w/ others) 5. Present itemized opinion of probable costs for review and approval by City. 6. Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. ( 2 meetings, 1 w/ staff and 1 w/ others) 7. Prepare final opinion of probable costs. 8. Assist City staff in bidding process as required. Participate in pre -bid meeting if scheduled by the City. Prepare any addendum required. (1 meeting) PHASE III - CONSTRUCTION SUPPORT SERVICES (6 month duration) Attend pre -construction conference. 2. Review and approve all shop drawings and submittals. 3. Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies.(12 meetings) 4. Participate in the review of the Contractor's interim pay requests. 5. Assist in processing requests for information (BFI's), quotation requests and change orders. 6. Participate in final walkthrough and prepare punch list for Contractor's action. purkiss rose-rsi Page 16 of 30 061 Community Park, City of La Quinta SCOPE OF WORK 7. From "As Built" information provided by Contractor, revise drawings to produce "record drawings" indicating underground changes. EXCLUSIONS: Geotechnical Testing Topographical or Field Survey Inspection Services Reproduction of Bid Documents City "Boiler Plate" revisions E.I.R. or Environmental Assessment Footing Design for Premanufacturer Shade Shelters Page 17 of 30 062 purkiss rose-rsi 021 Community Park, City of La Quinta COST PROPOSAL The Scope of Work and Fee Structure are based on the scope of improvements and $2.5 million design and construction budget identified by the City for Phase I development and the additive alternates as requested by the City. If the scope of improvements changes, the design fee would be commensurately adjusted. Phase/Task Labor Allocation Hours Principal ($115/hr) Project Manager $85/hr Project Captain 75/hr CadDraft ($65/hr) Clerical ($35/hr.) Consults. ($90/hr.) averse Other Direct Costs Subtotal Construction Documents for Base Bid Task 1. Scope Review 4 4 12 $ 1,880.00 Task 2. Basesheet Development 2 8 16 16 20 $ 4,950.00 Task 3. Review materials, equip, & site furnishings 8 30 30 $ 6,170.00 Task 4. Prepare construction documents 50% review (2 mtgs. ) 40 200 60 80 20 420 $ 69,800.00 Task 5. Prepare prelim. opinion of probable costs 6 12 12 8 30 $ 5,470.00 Task 6. Prepare construction documents 100% review (2 mtgs.) 30 200 60 80 20 400 $ 66,850.00 Task 7. Prepare final opinion of probable costs 8 20 12 8 30 $ 6,380.00 Task 8. Bid assistance & (1 mtg. ) 8 20 10 $ 3,520.00 Sub Total 106 494 136 200 56 952 S 165,020.00 Construction Support (6 months duration) Task 1. Attend Pre -construction conference 4 $ 460.00 Task 2. Review & approve shop drawings 4 60 30 $ 8,260.00 Task 3. Provide bi-weekly site visitations (12) 48 30 $ 8,070.00 Task 4. Participate in pay request review 6 $ 690.00 Task 5. Assist with RFI's, quotation requests, change orders 14 72 18 $ 9,350.00 Task 6. Final walkthrough & punch list 4 8 12 $ 2,220.00 Task 7. Prepare "Record Dwgs." 8 12 12 $ 2,360.00 Sub Total 80 178 12 12 60 $ 31,410.00 Total 186 672 148 212 56 1012 $ 196,430.00 Design Additive Alternates Task 1. Basketball Court 6 8 $ 1,030.00 Task 2.Exercise Trail & Stations 1 9 10 $ 1,530.00 Task 3. Picnic Shade Shelters (2) 1 8 8 10 $ 2,215.00 Page 18 of 30 063 iMrk�rsi' 4- Community Park, City of La Quinta COST PROPOSAL Task 4. Ornamental Fencing Task 5. Tot Play Area Task 6. Skate Park 1 2 8 8 24 84 4 50 15 26 70 8 4 30 $ 2,430.00 $ 3,960.00 $ 19,340.00 Sub Total 13 139 54 137 8 44 S 30,505.00 Grand Total 199 811 202 349 64 1056 $ 226,935.00 Reproduction and delivery will be a reimbursable from the City at cost. 064 Page 19 of 30 pxr�ss rose-rsi Community Park, City of La Quinta COST PROPOSAL Material testing and staking shall be billed on a times and material basis. Should any additional work or changes to our work be requested, we shall utilize the following hourly fee schedule: Purkiss Rose-RSI $115.00/hour Principal .................................................. 85.00/hour Project Manager .............................................$ $ 70.00 / hour Project Captain $ 65.00 / hour Draftsperson ............................................... $ 35.00 / hour Clerical ................................................... Huitt Zollars Senior Officer/Principal........................................ $ 115/hour Architect/Engineer/Surveyor VII, VIII, Officer $ 108 /hour Architect/Engineer/Surveyor IV, V, VI .......................... $ 81- 105/hour Architect/Engineer/Surveyor I, II, lII ............................ $ 74 - 95/hour Designer $ 57 - 75/hour Technician ................................................ $ 44-60/hour CADD I through Supervisor .................................. $ 46 - 73/hour Document Control Support through Supervisor .................... $ 46 - 80/hour ..................................... Clerical, Project Support $ 26 - 73/hour 1 person robotic total station crew .............................. $ 90.00/hour 2 person total station crew .................................... $ 170.00/hour 3 person total station crew .................................... $ 205.00/hour 1 person GPS crew $ 100.00/hour 2 person GPS crew ......................................... $ 200.00/hour 3 person GPS crew $ 300.00/hour ......................................... Correia Consulting and Design, Structural Engineer Principal Engineer $135.00/hour Senior Proj. Engineer .......................................... $ 90.00/hour Proj. Engineer $ 75.00/hour Staff Engineer ............................................... $ 60.00/hour Jr. Eng./Designer............................................. $ 55.00/hour Draftsman $ 50.00/hour Clerical.................................................... $ 40.00/hour Crane Architectural Group $110.00/hour Principal ................................................... Staff Architect $ 90.00/hour Project Designer ............................................. $ 70.00/hour Project Manager .............................................. $ 45.00/hour CARD Draftsman ............................................ $ 35.00/hour Draftsman $ 32.00/hour Clerical.................................................... $ 30.00/hour 065 Page 20 of 30 purkiss "NOT 4 Community Park, City of La Quinta COST PROPOSAL Consolidated Engineering $ 95.00/hour Principal Engineer $ 70.00/hour Project Design Engineer ........................................ $ 50.00/hour Design/Drafting ..................................... ......... $ 30.00/hour Clerical .................................................... 066 Page 21 of 30 � (,>J purkiss rose-vo EXHIBIT "B" PROJECT SCHEDULE PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Scope review • Basesheet development • Review materials, equipment and site furnishings • Prepare construction documents • 50% review by City Planning Commission, Architectural Review Committee and other agencies • Prepare preliminary opinion documents • Prepare construction documents • 100% review • Prepare final opinion of probable costs • Bid assistance PART Two: CONSTRUCTION SUPPORT • Attend pre -construction conference • Review and approve shop drawings • Provide bi-weekly site visitations • Participate in pay request review • Assist with RFI's, quotation requests, change orders • Final walk through and punch list • Prepare "Record Drawings" 067 Page 22 of 30 } J26 EXHIBIT "C" LIST OF DELIVERABLES • Basesheet for construction drawings • Construction documents will include: Demolition Plan Grading and Drainage Plan Public Utility Plan Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) Planting Plan Irrigation Plan Architectural Plans for Concession/Restroom Building Electrical Plans (sports field lighting, security lighting, irrigation controller service, buildings, public telephone) Construction Details Technical Specifications Additive Alternates as indicated below: Basketball Court Walking Path and Exercise Stations Picnic Shade Structures (2) (premanufactured) Tot Play Area • Final opinion of probable costs "Record Drawings" Note: All written material will be in WordPerfect 7. Diskette copies of the final Record Drawing documentation is required. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. Page 23 of 301i EXHIBIT "D" LIST OF MEETINGS • Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed One meeting • Submit for 50% review by Architectural Review Committee One Meeting • Submit for 50% review by City Planning Commission One Meeting • Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. Two Meeting • Participate in pre -bid meeting if scheduled by the City. One Meeting PART TWO: CONSTRUCTION SUPPORT SERVICES (6 MONTHS • Attend pre -construction conference. One Meeting • Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies Twelve Meetings • Participate in final walk through and prepare punch list for Contractor's action. One Meeting 069 •, Page 24 of 30 EXHIBIT "E" PROJECT BUDGET PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Scope review $1,880 • Basesheet development $4,950 • Review materials, equipment and site furnishings $6,170 • Prepare construction documents, 50% review by City Planning $69,800 Commission, Architectural Review Committee and other agencies • Prepare preliminary opinion documents $5,470 • Prepare construction documents, 100% review $66,850 • Prepare final opinion of probable costs $6,380 • Bid assistance $3,520 Total Part One $165,020 PART Two: CONSTRUCTION SUPPORT • Attend pre -construction conference $460 • Review and approve shop drawings $8,260 • Provide bi-weekly site visitations $8,070 • Participate in pay request review $690 • Assist with RFI's, quotation requests, change orders $9,350 • Final walk through and punch list $2,220 • Prepare "Record Drawings" $2,360 Total Part Two $319410 Total Part One and Two $1969430 070 0 Page 25 of 30 ADDITIVE ALTERNATES • Basketball Court $1,030 • Walking Path and Exercise Course $1530 • Picnic Shade Shelters (2) $2,215 • Ornamental Fencing $2,430 • Tot Play Area $3,960 Total Additive Alternates $11,165 Grand Total $207,595 071 Page 26 of 30 C,3it EXHIBIT "F" HOURLY RATES Hourly Fee Schedule for Additional Services Purkiss-Rose-RSI Landscape Architects Principal..............................................................................$115/hour Project Manager..................................................................$ 85/hour Project Captain....................................................................$ 70/hour Draftsperson........................................................................$ 65/hour Clerical and Word Processing Staff ...................................$ 35/hour Huitt Zollars Senior Office/Principal..........................................................$115/hour Architect/Engineer/Surveyor VII, VIII, Officer ....................$108/hour Architect/Engineer/Surveyor IV, V, VI.................................$81-105/hour Architect/Engineer/Surveyor I, II, III....................................$74-95/hour Designer................................................................................. $ 5 7-75/hour Technician............................................................................. $44-60/hour CADD I through Supervisor..................................................$46-73/hour Document Control Support through Supervisor ....................$46-80/hour Clerical, Project Support ........................................................$26-73/hour 1 person robotic total station crew.........................................$90/hour 2 person total station crew.....................................................$170/hour 3 person total station crew.....................................................$205/hour 1 person GPS crew................................................................$100/hour 2 person GPS crew................................................................$200/hour 3 person GPS crew................................................................$300/hour Correia Consulting and Design, Structural Engineer Principal Engineer.................................................................$130/hour Senior Project Engineer.........................................................$90/hour ProjectEngineer....................................................................$75/hour StaffEngineer........................................................................$60/hour Jr. Engineer/Designer............................................................$55/hour Draftsman.............................................................................. $ 5 0/hour Clerical.................................................................................. $40/hour Crane Architectural Group Principal................................................................................$110/hour Staff Architect.......................................................................$90/hour Project Designer....................................................................$70/hour Project Manager....................................................................$45/hour 072 C73. Page 27 of 30 CADD Draftsman..................................................................$35/hour Draftsman.............................................................................. $3 2/hour Clerical.................................................................................. $30/hour Consolidated Engineering Principal Engineering............................................................$95/hour Project Design Engineer........................................................$70/hour Design/Drafting ..................................................................... $ 5 0/hour Clerical.................................................................................. $3 0/hour 073 Page 28 of 30 C, 3 G EXHIBIT "G" PROJECT MILESTONES FOR PROGRESS PAYMENTS PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Scope review • Basesheet development • Review materials, equipment and site furnishings • Prepare construction documents, 50% review by City Planning Commission, Architectural Review Committee and other agencies • Prepare preliminary opinion documents • Prepare construction documents, 100% review • Prepare final opinion of probable costs • Bid assistance Total Part One PART Two: CONSTRUCTION SUPPORT • Attend pre -construction conference • Review and approve shop drawings • Provide bi-weekly site visitations • Participate in pay request review • Assist with RFI's, quotation requests, change orders • Final walk through and punch list • Prepare "Record Drawings" Total Part Two Total Part One and Two Page 29 of 30 $1,880 $4,950 $6,170 $69,800 $5,470 $66,850 $6,380 $3,520 $1659020 $460 $8,260 $8,070 $690 $9,350 $2,220 $2,360 $31,410 $196,430 074 0 J -' ADDITIVE ALTERNATES: • Basketball Court • Walking Path and Exercise Course • Picnic Shade Shelters (2) • Ornamental Fencing • Tot Play Area Total Additive Alternates Grand Total $1,030 $1530 $2,215 $2,430 $3,960 $11J65 $2079595 075 zI34 Page 30 of 30 ATTACHMENT 2 Phase I Amenities for the Community Park Priority Description Total Cost Total Project Cost Essential Mobilization $25,000 $25,000 Essential Grading and Drainage $200,000 $225,000 Essential Parking Lot $150,000 $375,000 Essential Street Improvements $180,279 $555,279 Essential Technical Support $150,000 $705,279 Essential Restroom $90,625 $795,904 One Landscape- Hydroseed Turf, Soilprep, irrigation, mow curbs $493,702 $1,289,606 One Baseball Diamonds $320,000 $1,609,606 Drinking Fountains $6,000 $1,615,606 One Concession $236,250 $1,851,856 One Lighting $350,000 $2,201,856 Administrative Costs $100,000 $2,301,856 10% Contingency $220,185 $2,522,041 Total Funding Available $2,500,000 ($22,041 Additive Alternates Priority Description Total Cost Total Project Cost Baseball Bleachers $14,000 $14,000 00 C, 3 i One Shade Structure $25,000 $39,000 One Benches $7,800 $46,800 Two Tot Lot $80,000 $126,800 Two Picnic Tables and BBQ's $12,900 $139,700 Two Picnic Shade $50,000 $189,700 Two Skate Park $230,000 $419,700 Two Skate Park Shade $60,000 $479,700 Three Walking path and sidewalks $208,000 $687,700 Three Par Course $20,000 $707,700 Four Basketball Court $25,000 $732,700 Shrubs & Groundcover $10,000 $742,700 Ornamental Fence $42,250 $784,950 267 Trees $103,200 $888,150 Administrative Costs $49,914 $938,064 10% Contingency $88,815 $1,026,879 Technical Support $66,61 1 $1,093,490 Funding Source Unfunded $1,093,490 077 FRAM FAX ND. ATTACHMENT 3 PV ■ ■ ■ ■ ■ r w a ■ ■ ■ ■ g I -H 0 w 078 03' FROM : FRX NO. : M3,r. 30 2001 09:17RM P3 079 C► 3 8 may' 44Q" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Approval of Overnight Travel for One Cultural Arts Commissioner to Attend the Joint Congress of Arts in Sacramento June 7 & 8, 2001 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for one Cultural Arts Commissioner to attend the Joint Congress of Arts in Sacramento June 7 & 8, 2001. FISCAL IMPLICATIONS: The Cultural Arts Commission has a budget line item in Fiscal Year 2000-01 Budget for travel and training in the Community Services Department budget account #101- 251-637-000. The amount requested will not exceed the budgeted amount. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Joint Congress of the Arts is being held in Sacramento, CA on June 7 & 8, 2001, as provided in Attachment 1. The Cultural Arts Commission would like to send one Commissioner to attend this event. Anticipated costs for this conference are as follows: Conference Registration $95 Hotel $245 Airfare $150 Shuttle $30 Parking $20 Mileage $65 Total $605 080 All meals for this period are included in the registration costs. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the overnight travel for one Cultural Arts Commissioner to attend the Joint Congress of Arts in Sacramento June 7 & 8, 2001; or 2. Do not approve the overnight travel for one Cultural Arts Commissioner to attend the Joint Congress of Arts in Sacramento June 7 & 8, 2001; or 3. Provide staff with alternative direction. Respectfully submitted, l Do'die Horvitz; Corr\mynity Services Director Approved for submission by: Of Thomas P. Genovese, City Manager Attachments: 1 . Joint Congress of the Arts Flyer S:\Community Services\CCReports\CC.102.Overnight Travel.wpd UNTITL-4 ATTACHMENT 1 WHAT IT IS: The Joint Congress on the Arts is the first attempt in more than a decade to gather leaders from every arts field and discipline in California in one place at the same time. PURPOSE: To assemble arts leaders from all over the state so as to provide opportunities for networking and discussion of ways to collaborate and cooperate between arts groups which normally don't have the opportunity to interface and brainstorm. To demonstrate the strength of numbers of the arts community via a Capitol Steps Rally to be held Thursday, June 7th. HEADQUARTERS: The brand new Sheraton, just steps away from the Capitol. AGENDA: The tentative agenda for the Joint Congress is as follows Thursday, June 7, 2001 9:00 am to Noon Registration Noon Kickoff luncheon Director's Awards Presentation 2:00 pm - 3:00 pm Capitol Steps Rally w/ music,, celebrity speakers, arts event 3:00 prn - 4:30 pm Individual constituent meets w/ legislators 6:00 pm - 7:00 pm Cocktail Party w/ Performance Art 7:00 pm Dinner Gala Keynote Speaker - Governor Gray Davis (invited) Spectacular Entertainment (trust us - we mean spectacular) Friday, June 8, 2001 8:00 am to 10:00 am Breakout Constituent Meetings A chance for major field groups to gather to discuss issues germane to their disciplines. 089 Association of Symphony Orchestras California Assembly of Local Arts Agencies California Presenters Cr 114 Combined Theater Groups lap:!! ad/joint. html 3/8/01 UNTITL-4 Page 2 of 3 Break 10:15 am to 11:00 am Break 11:30 am - 12:30 pm 12:30 - 1:30 pm s: li'HiSf�i�tw San Diego Performing Arts League Theater LA Theater Bay Area California Association of Museums California Humanities Council California Alliance of Arts Educators Latino Arts Network Multicultural Arts Service Providers Combined Folk Arts groups Artists in Residencies Combined Dance Organizations Meet Grantmakers Plenary Presentation on the meaning of the new census figures to the future of the Arts. The California Interactive Arts Survey Participate in an electronic survey with 1, 000 arts leaders with questions on funding, audiences, marketing, management and other areas of the arts with INSTANT RESULTS. Each attendee will have an electronic voting module to respond. Results are tabulated instantly. All Attendees will have access to the final survey results Facilitated by Jerry Yoshitomi LUNCH Invited Keynote Speaker - Former President Bill Clinton h REGISTRATION: (Registration starts March 15, 2001) Online Registration Available The all inclusive Registration fee of $95.00 includes, 1_ • Opening Luncill • Cocktail Party • Capitol Steps Rally Kit • Dinner Event • Continental Breakfast • Closing Lunch • All Printed Materials • Admission to all Sessions • State of the Arts Video • Campaign Tee Shirt l Button • State of the Arts Poster • Visibility Kit HOTEL: Sheraton Grand Hotel California Arts Council Reservations: (916) 447- 170E h1�.�Fvvv�=eas_ea:g�se�ei;a> � UNTITL-4 Page 3 of 3 We have reserved a LIMITED block of rooms at the new Sheraton Grand Hotel at the rate of $115 per day (normal rate is $ 245). The phone number for discounted room reservation is: (916) 447-1700. Be Sure to mention the California Arts Council to get the discounted safe. Early reservations are suggested because the rooms will go extremely fast. HOTEL RESERVATIONS MUST BE MADE BY MAY 7TH, 2001. Look for more information here as the date closes in. overview I calendar I joint congress I press kit I media coverage I merchandise~ I CAC logo I home copyright California arts council 2000 - all rights reserved Cl d1 �) 084 http://www.cae.ca-gov/loa&.Mnt.htfrA 3/8/401 T4ht 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: 5 ITEM TITLE: Approval of a Contract with Harris & STUDY SESSION: Associates to Prepare the Plans, Specifications and Estimates (PS&E) for the Montero Estates Sound PUBLIC HEARING: Wall, Project No. 2000-12 Approve a Professional Services Agreement (PSA) in the amount of $70,998 with the firm, Harris & Associates, to prepare the Plans, Specifications, and Engineer's Estimate for the Montero Estates Sound Wall Improvements, Project No. 2000-12. The following represents the available funding and funding sources for the Montero Estates Sound Wall Improvements, Project No. 2000-12: Infrastructure Fund DIF Transportation Fund TOTAL Anticipated funds have been budgeted as follows: Administration Engineering Construction Inspection/Testing TOTAL $98,177.00 $410 000.00 $ 508,177.00 Sufficient funding is available to support staff's recommendation. $35,000 $98,177 $350,000 $25 000 $ 508,177 This project is being funded entirely through local developer impact fees. It is intended the project be bid without prevailing wage requirements. As such, the City is likely to realize some savings in construction costs. T:\PWDEPT\C0UNC1L\2001 \010403d. wpd In October 1996, Gordon Bricken & Associates, Acoustical and Energy Engineers, prepared an analysis of all sound study reports completed for Washington Street including the area fronting Montero Estates. On February 16, 1999, a Study Session was conducted to discuss the sound attenuation along Washington Street fronting the Montero Estates tract. During the Study Session it was determined that additional clarifications were necessary in regard to determining the type of mitigation that would be required along Washington Street to insure noise reduction within Montero Estates to levels indicated in the City's General Plan. On March 16, 1999, the City Council authorized Korve Engineering to proceed with an Acoustical Analysis of the Montero Estates for road noise from Washington Street and Avenue 50. The analysis was completed by Gordon Bricken & Associates and the report was transmitted to the City Council on June 11, 1999. Gordon Bricken's analysis concluded that a sound wall ranging from 10 to 12 feet high would be required along the west side of Washington Street and a sound wall up to 8 feet high would be required along the northside of Avenue 50 in order to provide sufficient sound attenuation. If other sound attenuation measures were provided, the height of the sound wall may be decreased. The City Council authorized the installation of a rubberized asphalt overlay on Washington Street and Avenue 50 fronting the Montero Estates Development. Sound studies have indicated a drop in noise level along Washington Street averaging four dBA. As part of the final preparation for design, plans, and specifications for a sound attenuation wall at the Montero Estates Development, another analysis of noise levels will be completed to determine the final height of the proposed sound wall. On September 19, 2000, City Council authorized staff to distribute a Request for Proposal (RFP) for the design of the Montero Estates Sound Wall, Project No. 2000- 12. On October 5, 2000, the City received one proposal in response to the RFP advertised to obtain professional engineering and design services for the Montero Estates Sound Wall Improvement, Project No. 2000-12. The proposal received was submitted by Holmes & Narver. Holmes and Narver proposed a lump sum fixed fee in the amount of $114,314.00. Considering the proposed design fee represented nearly 33% of the proposed construction budget, the project was re -advertised in an attempt to establish a more competitive selection process. 5:• T:\PWDEPT\COUNCIL\2001\010403d.wpd J 1k, During the December 19, 2000, City Council meeting the City Council was provided a status report on the City's Capital Improvement Program (CIP). This report included a schedule for all of the existing CIP projects including the Montero Estates Sound Wall. In order to expedite the design and bidding of the Montero Estates Sound Wall, the City Council, by consensus, directed the City Manager and staff to choose a design alternative for the Montero Estates Sound Wall. This alternative would be brought forward to the City Council for final approval and bidding once completed. On January 4, 2001, the City received nine proposals in response to the RFP advertised to obtain professional engineering and design services for the Montero Estates Sound Wall Improvement, Project No. 2000-12. The proposals received were submitted by: 1 . Holmes & Narver; 2. AEI CASC; 3. RBF Consulting; 4. LAN Engineering, Corp.; 5. CNC Engineering; 6. Wheeler & Gray Consulting Engineers; 7. Parsons Brinckerhoff; 8. Harris & Associates; and 9. LD King. The nine proposals received were reviewed by a Consultant Selection Committee consisting of: Chris A. Vogt, Public Works Director/City Engineer John Freeland, Senior Engineer Leonard St. Sauver, Assistant Engineer I Nick Nickerson, Project Administrator The Consultant Selection Committee ranked the proposals in the following order: 1) AEI-CASC Engineering 2) Parsons Brinckershoff 3) Harris & Associates 4) LD King 5) Holmes & Narver 6) RBF Consulting 7) LAN Engineering, Corp. 8) Wheeler & Gray 9) CNC Engineering On February 21, 2001, the Consultant Selection Committee interviewed the top four ranked firms and unanimously recommended Harris & Associates be selected. 087 Jc}3 TAMDEMCOUNCIL\2001 \010403d.wpd Considering City Council approval of a PSA with Harris & Associates (Attachment 1), the following represents how the project is expected to proceed: Approval of Design Contract Project Design Approval of PS&E/Authorization to Receive Bids Bid Period Approval to Award Construction Construction Period Accept Improvements April 3, 2001 April - September 2001 October 2001 November 2001 December 2001 December 2001 - February 2002 The alternatives available to the City Council include: March 2002 Approve a Professional Services Agreement (PSA) in the amount of $70,998 with the firm, Harris & Associates, to prepare the Plans, Specifications, and Engineer's Estimate for the Montero Estates Sound Wall Improvements, Project No. 2000-12; or 2. Do not approve a Professional Services Agreement (PSA) in the amount of $70,998 with the firm, Harris & Associates, to prepare the Plans, Specifications, and Engineer's Estimate for the Montero Estates Sound Wall Improvements, Project No. 2000-12; or 3. Provide staff with alternative direction. Respectfully submitted, y Chris A. Vog Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement TAMDEMCOUNCIL\2001 \010403d.wpd 088 Ci ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and HARRIS & ASSOCIATES ("Consultant"). The parties hereto agree as follows: 1.1 Srnpe of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to The Montero Estates Sound Wall Improvements, Project 2000-12 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. Base-con.rev 080 Page t of 8 CO6 1.7 $p ..irg al 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 Seventy Thousand Nine Hundred Ninety Eight Dollars ($70,998.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PFRFORMANCE 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 Maims. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 0 n O Base-con.rov Page 2 of 8 :l 07 U • • • i ► • ► • 1 • i 5 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: Jeffrey M. Cooper, Vice President Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614-4705 It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Coo ero ation. 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. 091 Base-con.rev Page 3 of 8 ,' u s 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 Ipjsr_v/Pr41C 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 of $1,000,000. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be canceled without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. 092 Base-con.rev Page 4 of 8 vU� 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. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. Base- on.rev 093 Page 5 of 8 0 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. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver• No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Bights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Leoal 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. Base-con.rev 094 Page 6 of 8 �f 1 1 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 Enr Default of Gonc_ultant. 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. • • _►• u• • ► Lei ►• a I 10s •► 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. • u �► • ':• •►y 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. Base-con.rev Page 7 of Vra,51 To City: To Consultant: CITY OF LA QUINTA Harris & Associates Attention: Chris A. Vogt, P.E. Attention: Jeffrey M. Cooper, Vice President 78-495 Calle Tampico 34 Executive Park, Suite 150 P.O. Box 1504 Irvine, CA 92614-4705 La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability 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 John Pena, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Jeffrey M. Cooper Title: Vice President Base-consev Date Date: 096 Page 8 of 8 C° 13 Exhibit A Scope of Services The Harris & Associates scope of services, dated March 15, 2000, is attached and made a part of this agreement. 007 14 E rF it p F X ^E'kOF TMS��� Scope of Work Program Our scope of work program was developed based on our understanding of the project from the Request for Proposal, our field investigations, and our interviews with City staff. We propose the following tasks, subtasks, and anticipated deliverables to effi- ciently and effectively complete the design of your sound wall project: Task A. Preliminary Investigation 1. Kickoff Meeting In this meeting with City staff we will identify and discuss the project goals, objectives, constraints, and schedule. We will provide copies of meeting notes for the City's review within one week of this meeting. This meeting will ensure that all parties understand all aspects of the project before any work begins. 2. Topographic Survey and Base Mapping KDM Meridian, our subconsultant, will perform a topographic survey of the west side of Washington Street and the north side of Avenue 50 fronting Montero Estates and provide a detailed base map showing all existing improvements, surface features, and surface utilities as well as cross -sections at 50-foot intervals. To gain a proper line of sight for the topographic survey, we understand that the City will clear all existing foliage within the parkways prior to the topographic survey. The survey will extend a minimum 5 feet onto the private property to facilitate the joining of existing improvements and maintaining positive drainage after the construc- tion of the new sound walls. Base maps will be prepared in AutoCad 14 at a scale of 1 "=20'. 3. Review Acoustical Analysis Gordon Bricken & Associates, our subconsultant, will reevaluate the acoustical analysis they prepared dated May 27, 1999 and follow-up study in April 2000 considering the noise reduction associated with the recent asphalt hot rubber mix overlay of Washing- ton Street. A similar measurement program from the May 27, 1999 analysis and April 2000 follow-up study will be conducted including two (2) noise monitors within Montero Estates and concurrent traffic counts on Washington Street and Avenue 50. 098 i Montero Estates Sound Wall, Project No. 2000-12 Revised March 15, 2001 Photo 5: Existing sound wall on east side on Washington Street with berming and terracing. Photo 6: Existing sound wall on south side of Avenue 50 with pilasters, non- linear alignment, and brick topping. 4. Initial Utility Notices We will prepare and mail out initial utility notices to affected utility companies or agencies making them aware of the upcoming construction project and requesting copies of their maps, plans, and/or sketches of their existing and/or proposed facilities within the project limits. These facilities will be shown on our project base maps along with the topographic survey. Also, we will begin the process for obtaining clearance from the Imperial irrigation District for the construction of sound walls under the existing power lines on the north side of Avenue 50. 5. Geotechnical Investigation Our subconsultant, Professional Services Industries, Inc. (PSI), will drill a total of five borings, three along Washington Street and two along Avenue 50. The purpose of the borings will be to evaluate the subsurface conditions and to collect samples for labora- tory testing. PSI will perform laboratory testing of representative soil samples and will prepare a written report presenting their findings, conclusions and recommendations pertaining to the proposed sound walls and small retaining walls. Copies of the geo- technical report will be transmitted to the City staff after review by our staff. Task B. Conceptual Design 1. Conceptual Designs and Construction Cost Estimates We will prepare three conceptual design alternatives for the new sound walls along Washington Street and Avenue 50 that will illustrate the aesthetic details of the layout, type of block, color, texture, etc. of the sound walls. Each design alternative will obtain the required sound level of 60 dba or less within Montero Estates at Build -out traffic volumes. The three design alternative layouts will likely include combinations of the following: ■ Full -height sound wall at the street right-of-way line with level parkway ■ Berming from the back of curb and a retaining wall/sound wall at the street right-of- way line . A small planter wall set back from the back of curb and a retaining wall/sound wall at the street right-of-way line Each design alternative will include drought -tolerant landscaping theme, using a City provided plant pallet, special wall materials such as SOLTNDBLOX to absorb and mitigate noise reflection to the east side of Washington Street, and possibly non -linear wall alignments with pilasters, see photos 5 and 6 for representative sound wall themes. At the direction of City staff, sidewalks will not be considered for any of the design alternatives. Conceptual construction cost estimates will also be included with each design alternative. 099 �'16 !' Montero Estates Sound Wall, Project No. 2000-12 Revised ii March 15, 2001 v W1 x Y cP'� of 7Ht��y !_11 „ Task C. Design Development 1. Preliminary Plans and Estimate (80 Percent) We will prepare preliminary plans and a construction cost estimate for one of the three design alternatives selected by City staff considering input from the Montero Estates residents. We anticipate preparing the following plan sheets utilizing AutoCad version 14 on standard 24" x 36" (D-size) sheets using standard City titleblock: • Title Sheet (1 sheet) • Demolition and Grading Plans (2 plan only sheets at 1 "=20') • Sound Wall Sections and Details (1 sheet) ■ Sound Wall Plan and Profile (4 sheets at 1"=20') • Landscape and Irrigation Details (1 sheet) ■ Landscape Plans (2 sheets at 1 "=20) ■ Irrigation Plans (2 sheets at 1"=20) Positive drainage from Montero Estates to Washington Street will be maintained with special drain details through the new sound wall footings. Also, we will incorporate the requirements of the Imperial Irrigation District for the sound wall design along the north side of Avenue 50 under the existing power lines. Our preliminary construction cost estimate will include the major items of work, quantity takeoffs from preliminary plans, and unit costs in line with recent bids re- ceived by the City on similar projects. 2. Design Development Meetings In up to two (2) meetings with City staff, we will present our plans, specifications, and/ or construction cost estimate and discuss comments and input from City staff. We will provide copies of meeting notes for the Ciry's review within one week of each meeting. 3. Final PS&E (90 Percent) Incorporating the comments from the City staff's review of the preliminary design, we will prepare final plans, specifications, and a construction cost estimate. 1 Inn Montero Estates Sound Wall, Project No. 2000-12 Revised ii March 15, 2001 4. Finalize PS&E We will incorporate comments from City staff on our previous submittal, if any, and finalize the plans, specifications, and construction cost estimate for bidding by the City. The approved plans will be provided to the City on compact disk in AutoCad 14 format as well as on 24" x 36" (D-size) mylars and I I" x 17" bond format. The project specifications will be provided to the City on 3'h" disks in WordPerfect 7.0 format as well as hard copy format. Our estimated construction cost spreadsheet will be provided to the City in Quattro Pro 7.0 format on a 3 ih" disk as well as hard copy format. 5. Final Utility Notices Final utility notices will be sent to affect utility companies and agencies along with copies of the approved construction plans. The utility companies or agencies will be provided an approximate construction start date and duration with the notices for the purpose of scheduling the relocation or adjustment of their facilities, if required, within the project limits. Task D. Bidding and Construction Support (Optional) 1. Pre -Bid Conference We will attend a pre -bid meeting scheduled by City staff to answer questions regarding our plans and specifications. If required, we will provide meeting notes to City staff identifying questions asked and our answers. 2. Shop Drawing Review and RFI Response We will review all Contractor shop drawings and submittals, including alternative materials, for compliance with the project plans and specifications and make recom- mendations to City staff. We will also review and respond to Requests for Information (RFI's) from the Contractor regarding the Plans and Specifications. 3. Site Visits We will conduct up to eight (8) site visits during construction to review and evaluate the Contractor's work, particularly the construction of the footings and walls. Montero Estates Sound Wall, Project No. 2000-12 Revised March 15, 2001 4. As -built Plans We will prepare as -built record drawings from redlines provided by the City after construction. The record drawings will be prepared on 24" x 36" mylar. 5. Follow-up Acoustical Analysis After the new sound walls are constructed, Gordon Bricken & Associates will conduct a follow-up study similar to Task A.3 to determine the actual acoustical benefits achieved by the new sound walls. 102 1g Montero Estates Sound Wall, Project No. 2000-12 Revised March 15, 2001 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 Seventy Thousand Nine Hundred Ninety Dollars ($70,998.00) except as specified in Section 1.6 - Additional Services of the Agreement. The Harris & Associates Rate Schedule is attached and made a part of this agreement. The City of La Quinta, at its sole discretion, may choose to implement any one, or any combination of, the optional tasks identified within Task D Bidding and Construction Support Services (Optional). Compensation for any optional task will be as presented within the attached rate schedule. 103 U m p O § = 00 00 b9I 69 V N H r 6S 0 N r 00 M M H E >1_ U 404 li i� Exhibit C Schedule of Performance The Harris & Associates project Schedule is attached and made a part of this agreement. lay U:. � k � }}/\\ D E , � ww \ { a \ 4►/�■ 7 u E e { k ƒ co cc/ ) _ Q & | co _ co_ ) } k ■ \ 7 LL e , j CL c ) } w + . \ / ) ° ) k ! § \ k d Q. k ` \ k § ■ Eco - .52 {§ (� \ CDa} ){$ } \k[ j }§ )ƒ ` \} CDf! cn ` §} z } _ - �\ ! 0.A. 2 8 d 2 J j §§} _ c «( «! e \ § O a 2, o ; o w\ o \�] Exhibit D Special Requirements None. 107 T,itT 4 4a Q" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Adopt a Resolution Accepting a Donation of a Painting by Centava RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the acceptance of a painting donated to the City of La Quinta by the artist Centava. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the March 20, 2001 City Council meeting, the City Council received written correspondence stating that Centava would like to donate a painting of the La Quinta area to the City, as provided in Attachment 1 . The City Council directed staff to place this item on the next agenda for acceptance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council approving the acceptance of a painting donated to the City of La Quinta by the artist Centava; or 2. Do not adopt a Resolution of the City Council approving the acceptance of a painting donated to the City of La Quinta by the artist Centava; or 3. Provide staff with alternative direction. Wool[ Ily ,jubmitted, Dodie Horvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Written Correspondence from Centava 109 004 S:\Community Services\CCReports\CC.103.Centava Donation.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A GIFT WHEREAS, on March 20, 2001, Centava generously donated a painting of the La Quinta area with in the retail value of $2,300; and WHEREAS, the painting was donated to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donation and to direct the City Manager to place the painting in an appropriate location in City Hall or the La Quinta Senior Center. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby accepts the donation of a painting by Centava. 2. The City Manager is hereby directed to place the painting in an appropriate location in City Hall or the La Quinta Senior Center. PASSED, APPROVED and ADOPTED this 3rd day of April, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California 110 Onj S:\Community Services\CCReports\CC.103.Centava Donation.wpd ATTEST: JUNE GREEK, City Clerk City of La Quinta, California ATTEST: M. KATHERINE JENSON, City Attorney City of La Quinta, California 111 004 S:\Community Services\CCReports\CC.103.Centava Donation.wpd WRITTE ATTACHMENT 1 A: mow• w.. . , _ _ _ La Tierra (Y Santa Fe, NM 87501 / (505) 984-2996 FAX: (505) 989-4234 Email: art@Centava.com �� ��� 7 �r /4 ell tesITE: VAM.CENTAVA.COM �'� JALLERY: )e La Tierra M 87501 >-996 1 989-4234 Centava.com 6.4i1 L,Lx- i - - - - a yQA 113 WEB SITE: V;WW.CENTAVA.COM - 8 paintings sold at the La Quinta, Plein Air Art Show Large floral scenes sold out and two small landscapes. - 2 large paintings sold at The Lotton Gallery on Michigan Ave. in Chicago. One floral; one landscape. - Special Exhibit at The Chicago Board of Trade. 3 Chicago scenes sold. - 3 paintings sold at auctions. Highest sales price at two prestigious auctions. - 11 paintings sold at the Old Town Wells St. Art show in Chicago. Large florals sold out. Also one huge Chicago scene and 3 small landscapes. - 10 large floral scenes sold by The Arlene Siegel Gallery, Santa Fe to the University of St. Louis Art Museum for their permanent collection open to the public. 114 t c&'�v 4 ZP 4" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: ITEM TITLE: Approval of Award of Contract to the STUDY SESSION: Lowest Responsible Bidder, Miles Avenue Soil Export, Project No. 2001-01 PUBLIC HEARING: Declare G & M Construction bid as non -responsive and reject their bid accordingly; and Award a contract in the amount of $161,685 to Cooley Construction and approve the recommended budget to construct Project No. 2001-01, Miles Avenue Soil Export Project; and Award a contract in an amount not to exceed $10,000.00 to CRM Tech for the archaeological monitoring of the Miles Avenue Soil Export Project to monitor the project site in accordance with the California Environmental Quality Act (CEQA). Adequate funding for this project is provided from the Low and Moderate Housing Tax Increment Fund, Project Area No. 2 (Account No. 246-906-684-000). Based upon the low bid in the amount of $161,685, the following represents the recommended project construction budget: Construction Costs: Inspection/Testing/Survey: Archeological Monitor Administration: Subtotal: Contingency (10%): $161,685.00 $14,956.00 $10,000.00 $8,832.00 $195,473.00 $19, 547.00 Total Anticipated Costs: $215,020.00 The total estimated construction related costs for this project total $215,020. Sufficient funds are available within the Low and Moderate Housing Tax Increment Fund, Project Area No. 2 to cover the project costs. 116 TAPW DEPT\COUNCIL\2001 \010403f. wpd Since RDA funding is being utilized for this project, the City bid the project with prevailing wage requirements. Therefore, there are no Charter City implications. Staff have received numerous phone calls from property owners in the Inco Homes development voicing their concerns about the sand dune west of their existing perimeter wall. This sand dune is at an elevation approximately five to ten feet higher than the six foot perimeter wall. The site received final approval from the Historic Preservation Commission on November 9, 2000, with the recommendation that a monitor be required for any on - site work. On February 20, 2001, the City Council approved the appropriation of $7,200 from the Low and Moderate Housing Tax Increment Fund, Project Area No. 2 (Account No. 246-906-684-000), for the survey and engineering services to remove and relocate 14,000 cubic yards of sand to be used at the Civic Center Campus and to mitigate the blow sand into the Inco Homes development by spreading the remainder on site, and authorized the Executive Director to execute a purchase order for the professional services contracts. On March 19, 2001, the project was advertised for bid. The project consists of grading the site to plan contours as needed to spread the remaining dirt on site and the export of approximately 14,000 CY of dirt to the City's Civic Center Campus site. An organic dust pallative is to be applied to all disturbed areas of both sites, and a sand fence installed at the Miles Avenue Borrow Site. An Archaeological Monitor will be present on site to monitor the project in accordance with the CEQA. A pre -bid conference was held on Wednesday, March 21,2001, with a bid opening date of Thursday, March 29, 2001. 117 T:\PWDEPT\C0UNC1L\2001 \010403f.wpd The following is a summary of bids receive; CONTRACTOR BID AMOUNT G & M Construction * $1 18,750 Cooley Construction $161,685 Nuevo Engineering Inc. $169,180 Dateland Construction Company $232,130 *Staff is recommending to declare G & M Construction's bid as non -responsive due to the fact they did not name specific sub contractors in their bid documents. This omission would allow them to "shop" sub contractors after the bid was awarded, which is in violation of Public Contract Code 4104(a)(1). This is also the recommendation of the City Attorney (Attachment 1). The alternatives available to the City Council include: Declare G & M Construction bid as non -responsive and reject their bid accordingly; award a contract in the amount of $161,685 to Cooley Construction and approve the recommended budget to construct Project No. 2001-01, Miles Avenue Soil Export Project; and award a contract in an amount not to exceed $10,000.00 to CRM Tech for the archaeological monitoring of the Miles Avenue Soil Export Project to monitor the project site in accordance with the California Environmental Quality Act (CEQA); or 2. Do not Declare G & M Construction bid as non -responsive and reject their bid accordingly; and do not award a contract in the amount of $161,685 to Cooley Construction and approve the recommended budget to construct Project No. 2001-01, Miles Avenue Soil Export Project; and do not award a contract in an amount not to exceed $10,000.00 to CRM Tech for the archaeological monitoring of the Miles Avenue Soil Export Project to monitor the project site in accordance with the California Environmental Quality Act (CEQA); or 3. Provide staff with alternative direction. Respectfully submitted, /Z `G Chris A. Vogt 118 Public Works Director/City Engineer 003 TAMDEMCOUNCI02001 \010403f.wpd Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . City Attorney recommendation. 119 T:\PWDEPT\COUNCIL\2001 \01 0403f.wpd 00 Mar-30-01 08:29am From-RUTAN T14-546-9035 T-086 P.02/02 F-359 AN A l T O R ri E Y 5 A T L A W A rAk) NERSMIF INCI.0 D[NC PFyrY»IONAL I-(mr6nn1,On5 oil ANTON POucEvARP, r(vu,01ENTn FLOOR COSTA MESA. CALIFORNIA1tP26,IV31 D,RECT ALL MARL TO P05T OFFICE BOX 19:u COSTA MESA, CAW FORMA 92o3a-195u TELEPnONE 74G-e4l-+1U0 FACSIMILE%ir-5a6.90s5 INTERNO ADDRESS Www mTiTr cum Direct Dial- (714) 641-3492 E-auai. bowen@rut= cam Leonard R St. Sauver City of La Quinia 78-495 Calle Tampico La Qutnta, California 92253-1504 W ,IVNn rI[,u ra>n nxrlaY lvf C[C. ix Upps r9wr . wC.4 .M[nn N, n I{INr• [x TVYu V uA TTAM:ENT TFRIC L fYFP[el-RR.I nKl,rn r.oxnnx nen 1 w[n..IIPY [u[nrl! 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PnV• dLvrOu Lnr(V n• nn lntlr.ri rLrAn p la-•N•nxidPTTu Llnn lllLnlry Cr [MC[x CKLtIv) ['urrfar.v[ rYYM•.. nnaQu CT Y.•..rl a.lvp;a YnnlYl CLY,w-rannu xIratrun[e1Y pu4ry [WIInM tvrY[v nr • un[x W rpr.0 w.T K,a.. ..-CC R4'. n,,'TF uL P a nnnr nP[dn[nn cp.aIw�11.1I $Pu-Tsitu 0-01 u,m urri arnWacnn• n P 'PO Mn.Ln.TGa II.G..KIa w IWY[YI > Yown Y.rnp Inane nnu. Mnl.•. nn.TYn Pln,•c[ m aT:x Fwrlu 1 n.,m.Yl n,rY d [Oacrnw ranw Pvo[n.rtw nnPe[wYYV.{a[rOn.— [OwvuTvn .uYgwx rOXV In a1WCT1 Cp[' (,111.I Y Wvwrwr is wnunww MYlKOgnw mvnw n lLLla OR h..n YL,Y[wr aon N PRIw .MOL wvxua MTTn[wL xW, TC[un ru{Mn11 Rrg01I I. rvLrm.L I•rVln March 30, 2001 Re: Examination of Bid kLe ug laxity Dear Leonard: This letter is to confi m our telephone conversation in which I indicated my opinion that the City should reject the bid of G & M Construction as non -responsive and accept the next lowest responsive bid- The bid appears to be materially non -responsive in at least two aspects. First, unit price figures were not listed, in violation of the bid specifications. Second, the bid does not contain the ''name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor", in violation of Public Contract Code § 4104(a)(1). This particular defect is not merely one of form, as the failure to identify subcontractors could allow the bidder to "shop" subcontractors after bid award, in violation of the express intent of the Subletting and Subcontracting Fair Practices Act. The trend in case law is to limit a city's ability to waive bid defects for public works, and this is likely a situation in which the City could not lawfully waive the bid defects. See M, MCM Construction, Inc. v City and County of San Francisco (1998) 68 Cal.App.4`h 359.) Even if this defect were the type which could lawfully be waived, the MCM opinion indicates that the City would probably not be required to waive it. Please contact me if you have any further questions regarding this matter. Sincerely, RUTV & TUCKER, L Robert O. Owen ROO: j 1 cc: Kathy Jenson ?901OISa1U-000P � � O OA93 U1 n031301Ut MflO_�fl_DMLl1 COT MO. 77 TCI 4C' AInMC• of IMI Tf` 1 InMlll 7 ! 0 f lJ Tit�t 4 4 Qu&& COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Approval of a California Department of Conservation Grant for a Recycling Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I] Approve the grant application for a California Department of Conservation Grant to conduct a beverage container recycling program. FISCAL IMPLICATIONS: The City is eligible to receive $6,972 to conduct beverage container recycling or litter reduction activities. Approval of this item would allow the City to submit the required application to receive these funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Every year, the California Department of Conservation allocates funds to cities and counties to conduct beverage container recycling (i.e. glass, plastic, and aluminum) and litter reduction programs. Cities receive at least $5,000 plus additional funds based on population. This year, the City of La Quinta is eligible to receive $6,972. To receive these funds, the City must submit a grant application describing proposed activities by April 20, 2001. The City wishes to take advantage of this funding opportunity to complement last year's grant program, whereby beverage container recycling bins will be installed next to trash receptacles in City parks. The recycling bins will be clearly labeled, specifying the types of materials that may be placed inside. Beverage container recycling bins will be ordered for: 121 Adams Park 2 Eisenhower Park 1 Civic Center Campus 2 Community Park 6 Saguaro Pocket Park 1 Total 12 The containers cost approximately $300 each (total of $3,600), including a lid and a base. Installation is approximately $125 per container (total of $1,500), and shipping will cost about $600. Decals for the containers will cost $10 each (total of $120). Also budgeted is $152 for contingency, and $1,000 for promotional materials and advertising. Payment to the City is expected by June 30, 2001, at which time staff will work with Waste Management of the Desert to order the recycling bins. Containers for the new parks currently in design or construction can be stored at the City yard until the new parks have been completed. Funds must be expended by June 30, 2002. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the grant application for a California Department of Conservation Grant for a beverage container recycling program; or 2. Do not approve the grant application for a California Department of Conservation Grant for a beverage container recycling program; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell, Management —Assistant Approved for submission by: 941 Thomas P. Genovese, City Manager Attachments: 1. Draft Grant Application 122 ATTACHMENT 1 - City Or County Name Eligible Funding Amount Funding Cycle The City of La Quinta $6,972 FY 2000/2001 This Form On Behalf of City Or Count Entity Submitting Thy (i.e., Lead Agency or JPA) City of La Quinta Federal I.D Or Tax Reporting Number Mailing Address City County State Zip P. O. Box 1504 La Quinta Riverside CA 9225253 Address Where Payment Should Be Mailed (if different from mailing address) Contact Person Name and Title Telephone Fax No. E-Mail Address Debbie Powell, Management Assistant ( 760 ) 777 -7073 (760) 777 -7101 dpowell@la-quinta.org Proposed Recycling and/or Litter Reduction Activities: To be eligible for funding, each activity must meet one or more of the following criteria: (1) Primary emphasis is collection and recycling of beverage containers at large venues; public areas, residential communities, school, multi -family dwellings and businesses. (2) Primary emphasis is public education promoting beverage container recycling and/or litter prevention. (3) Primary emphasis is beverage container/litter abatement in public places including community clean-up projects or other related activities involving the recycling of beverage containers. Please describe each activity for which the funds will be expended. ACTIVITY (1) Collection and Recycling Continue the City's beverage container recycling program by installing twelve (12) beverage container recycling bins at five City parks. Beverage container recycling bins will be installed next to trash receptacles. Each recycling bin will be clearly labeled indicating the types of materials to be placed in the bin. ACTIVITY (2) Public Education Purchase promotional items to encourage beverage container recycling and place ads in local publications promoting the program. • Explain how the outcome of these activities will be evaluated: The City will monitor the volumes collected at each site. • Has your city/county prohibited the siting of a supermarket site recycling center? ❑ YES NO • Has your city/county caused a supermarket site recycling center to close its business? ❑ YES NO • Has your city/county adopted a land use policy that restricts or prohibits the siting of a supermarket site recycling center within its jurisdiction? ❑ YES d NO Provide a copy of any policy or ordinance relating to beverage container recycling (optional). THE SUBMISSION OF FALSE INFORMATION WITH INTENT TO DEFRAUD /S A CRIME PUNISHABLE BY SUBSTANTIAL FINES, UP TO THREE YEARS IMPRISONMENT, OR BOTH. KNOWING THIS, I CERTIFY UNDER PENALTY OF PERJURY THAT THE FACTS REPRESENTED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Representative or Designee Authorized to Expend Funds (Named on Title Resolution) City Manager Printed Name of Above Representative or Designee Date Thomas P. Genovese -- --- --- - - -- -••- --ram•--ff-• WN vvIIam vauv1 I, Uwision of Recycing, community outreach Branch, City/County Payments, 801 K Street, MS 18-55, Sacramento, CA 95814-3533. If you need assistance please call (916) 322-0613 or 1-800-RECYCLE. 1 /2001 123 Provide estimated funding amounts for each activity described on the front of this form. ACTIVITY ACTIVITY EXPENSE DESCRIPTION Contingency Total Activit 1 Operating Costs: 12 Color Stickers for Bins $10/each Promotion: Promotional Items and Advertising Total Activit 2 ESTIMATED EXPENDITURES TOTAL ESTIMATED EXPENDITURES ALL ACTIVITIES $ 6.972 Revised 112001 124 T4'!t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of the 2000 Annual Cultural Resources Report for the Certified Local Government Program PUBLIC HEARING: RECOMMENDATION: Approve the 2000 Annual Cultural Resources Report for the Certified Local Government Program. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the Community Development Department is required to file an Annual Report with the State Office of Historic Preservation documenting the activities of the Historic Preservation Commission for the previous year. Due to a reporting period change this report only covers the period from January 1 through September 30, 2000. Staff has prepared the report using the State's format (Attachment 1). Historic Preservation Commission Review: The Historic Preservation Commission reviewed the report at its meeting of March 21, 2001, and unanimously (5-0) accepted it. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the 2000 Annual Cultural Resources Report for the Certified Local Government Program; or 125 p:\stan\cc rpt 2000 annual clg rpt.WPD 3 2. Do not approve the 2000 Annual Cultural Resources Report for the Certified Local Government Program; or 3. Provide staff with alternative direction. Respectfully submitted, r Hetman munity Development Director �Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 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A total of five people will be attending. Attendance at this conference is estimated to be $576 per person based on the following costs: Registration $100 Hotel $141 Travel $1 10 Meals 225 TOTAL $576 X 5 = $ 2,880 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-401-637-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for Commissioners and staff to attend conferences in years past. Historic Preservation Commissioners Robert Wright, Barbara Irwin, Archie Sharp and Maria Puente along with Planning Manager Christine di lorio will be attending. Information regarding the conference is contained in Attachment 1 . G:\WPDOCS\ccjh-travel.wpd 139, FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Historic Preservation Commission and Planning Manager to Attend the Millennium Conference to be Held in Barstow, California, May 9, 10, and 11, 2001; or 2. Do not approve the overnight travel for the Historic Preservation Commission and Planning Manager to Attend the Millennium Conference to be Held in Barstow, California, May 9, 10, and 11, 2001; or 3. Provide staff with alternative direction. Respectfully submitted, munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . National Preservation Conference 2000 Information G:\W PDO CS\ccjh-travel.wpd 002 140 ATTACHMENT #1 FIRST CALL FOR PAPERS! THE HUMAN JOURNEY AND ANCIENT LIFE IN CALIFORNIA'S DESERTS AT THE MILLENNIUM "The Barstow Conference" Who: Scholars and academicians, agency representatives, museum curators, independent researchers, tribal representatives and individuals from private firms are invited to attend and contribute to the MILLENNIUM Conference. What: The MILLENNIUM Conference will bring together a wide variety of experts who have made significant contributions to our knowledge of the cultural and paleontological heritage of the California Desert. Where: The MILLENNIUM Conference will be held in Barstow, California When: The MILLENNIUM Conference is scheduled for May 9, 1 0,1 1, and 12, 2001. Why. The purpose of the MILLENNIUM Conference is twofold: The first goal of the MILLENNIUM Conference is to assemble scholars who have made significant contributions to our knowledge of cultural and paleontological resources in the California Desert. The second goal of the Conference is to review the status of our knowledge in these respective fields, to identify researchlinfon-nation needs, and to recommend future research and public education directions. MILLENNIUM Conference themes will include: • Environmental Context and Cultural Ecology of the Desert • Current status of desert prehistory, history, and paleontology, • Native peoples of the California Desert, • A millennium of human presence in the desert; • Historic period land uses; • Research, management, and preservation for the next MILLENNIUM; • Desert folklife. The format of the MILLENNIUM Conference will include keynote addresses, formal presentation of papers (20 minutes), poster presentations, and panel discussions. Time will be allotted at the end of each session for questions and discussion. All abstracts and selected papers will be published in the Proceedings of the California Desert MILLENNIUM Conference. Abstracts: Abstracts (150 word maximum) should be submitted in both hard copy and electronically no later than January 31, 2001 Abstracts should be concise, giving a clear indication of the focus of the presentation, and should address one of the MILLENNIUM Conference themes. Submit abstracts to: Dr. M.C. Hall, Director; Archaeological Research Unit, University of California, Riverside, CA 92521-0418 (Matthew.hall(o)ucr.edu) 909-787-7369/3885. FOR ADDITIONAL INFORMATION CONTACT: Russ Kaldenberg (916-978-4635) rkaldenb@ca.blm.gov; Roger Kelly (415427-1400) Roger _Kelly@nps.gov; Mark Allen (760-380-6779) allenm aninain.army.mil, Daniel McCarthy (909-687-7974) dfmccarthy((a�aol.com: or Joan Schneider (909-787-3517) ischneid(a.ucracl.ucr.edu 141 004 Millennium Conference -Agenda, -Barstow, California_ - Wednesday, May 9, 2001 Russell Kaldenberg, BLM, Guest Facilitator 8:00-8:45 Registration/Coffee 8:45--9:15 Welcome/Announcements Lawrence Dale (Mayor, Barstow, CA); James Meznek (President Barstow College; John Hamill (Desert Managers Group) 9:15-10:00 Michael Woodburn, Paleontology Keynote Welcome Address Paleontological Studies in the California Desert 10:15-11:00 Session 1 Robert Reynolds - Session Facilitator 1." Early Records of Life in the Mojave Desert." Stanley M. Awramik, Department of Geological Sciences, Preston Cloud Research Laboratory, University of California, Santa Barbara, CA 93106. 2. "Paleocene Mammals from the Goler Formation of California" Don L. Lofgren, Raymond M. Alf Museum of Paleontology, Claremont, CA 91711, Malcolm C. McKenna, American Museum of Natural History, New York, NY 10021, and Steve L. Walsh, San Diego Natural History Museum, San Diego, CA 92112 3. "What Lies Hidden in the Fossil Record: New from the Mojave Desert -Mice, Elephants, and Camels that are Goats" David P. Whistler, Department of Vertebrate Paleontology, Natural History Museum of Los Angeles County, 900 Exposition Blvd, Los Angeles, CA 90007 11:15-12:00 Session 2 Vince Santucci - Session Facilitator 4. "Frameworks and Constraints for Dating Sedimentary Deposits and Tectonic Events." Barry Albright, Department of Geology, Museum of Northern Arizona, Flagstaff, AZ 5. "The Late Pleistocene of the Mojave Desert, the Peopling of the Americas, and the Terminal Pleistocene Extinctions." Eric Scott, Section of Geological Sciences, San Bernardino County Museum, Redlands, California 92374 6. "Paleontology of the Anza-Borrego State Park. George Jefferson, Paleontologist, Anza- Borrego State Park, Borrego Springs, California. NOON-1:30 LUNCH 1:30-2:30 Session 3 George Jefferson - Session Facilitator 7. "Tracking Big Game in the Mojave Desert:: A Partnership in Education." Robert E. Reynolds, LSA Associates, Inc., Riverside CA 92501 8. "Protecting Our Fossil Heritage in a National Park -Preliminary Report of Paleontological Monitoring at Badlands National Park, South Dakota. " Steven W. Conkling and Robert E. Reynolds, LSA Associates, Inc. One Park Plaza, Suite 500, Irvine, CA 92614 9. "Managing: A Billion Year History of Life Preserved in the National Parks" V. L. 142 005 Santucci,-P.-O. Box592,Xemmerer,A3'_Y_83101 ___ 10. "Vertebrate Paleontology in the Mojave Desert: the Continuing Importance of `Follow - Through' in Preserving Paleontological Resources." Eric Scott and Kathleen B. Springer, Section of Geological Sciences, San Bernardino County Museum, Redlands, CA 92374 2:30-2:45 Break Session 4: A Tribute to Pioneering Women Anthropologists of the California Deserts Robin Laska — Session Moderator 2:45-4:00 11. "Pioneering Women Researchers of Death Valley." Blair Davenport, Museum Curator, Death Valley National Park, Furnace Creek, CA 12. "Isabel Kelly, Pioneer Ethnographer: Her Work in the Desert Regions of California and Nevada." Joan S. Schneider, University of California, Riverside and California Department of Parks and Recreation, Colorado Desert District. 13. "Elizabeth Campbell, Pioneer Archaeologist: the Archaeopolitics of the Mojave Sink." Claude N. Warren, University of Nevada, Las Vegas. 14. "Carobeth Laird: Her Early Ethnographic Work with J. P. Harrington and her Chemehuevi Years with George Laird." Bonnie Bruce, Mount Palomar College and California Department of State Parks and Recreation, Colorado Desert. 15. "Dee and Davy: That Pioneering Spirit." Judyth E. Reed, Ridgecrest Field Office, Bureau of Land Management, Ridgecrest, CA 93555 4:00-4-15 Break 4:15-5:30 Session 6: The Earlier Prehistory of the California Desert Darrell S. Gundrum — Session Facilitator 16. "The Lake Manix Lithic Industry and Associated Technologies at the Calico Site, San Bernardino County, California." Fred E. Budinger, Jr., Calico Project Director, Friends of Calico Early Man Site, Inc. San Bernardino County Museum, 2024 Orange Tree Lane, Redlands, CA 92374 17. "Re-examining the Chronological Relationships between Great Basin Stemmed and Pinto Series Projectile Points in the Mojave Desert." Gregory M. Haynes, Department of Anthropology, University of Nevada, Reno. 18. "Mojave Desert Prehistory at the End of the Middle Holocene: What Happened to the `Pinto Complex'?" M.C. Hall, Archaeological Research Unit, University of California, Riverside, CA. 19. "Return to Rose Spring: Five Decades of Research at CA-INY-372." Robert M. Yohe II, Department of Anthropology, California State University, Bakersfield. 20. "Death Valley Archeology: A Retrospective at the Millennium." Tim Canaday, Death Valley National Park, Furnace Creek, CA. CLOSING ANNOUNCEMENTS RECEPTION AT THE RAMADA INN 0 May 10-12 --- -- --------- 7:00-8:00 Registration/Coffee 8:00-8:15 Welcome/Announcements, Roger Kelly, NPS Guest Facilitar 8:15-9:45 Session 6: The Late Prehistoric Period of the California Desert Tim Canaday — Session Facilitator 21. "Late Holocene Climatic Fluctuation and Implications for Settlement of the Centro. Mojave Desert." Andrew L. York, EDAW, Inc., San Diego, CA 22. "Lake Cahuilla Shoreline Fish Camps on the Flanks of the Fish Creek Mountains."., Edward Collins, Imperial Irrigation District and Imperial Valley College, El Centro, CA. 23. "Limitations to Settlement and Subsistence on the Eastern Shoreline of Lake Cahuilla." Jay von Werlhof, Imperial Valley College Museum, Ocotillo Wells, CA. 24. "Protohistoric Recessional Shorelines at Lake Cahuilla, California." James H. Cleland, Andrew York, and Rebecca McCorkle Apple, EDAW, Inc. San Diego. 25. "The Results of an Archaeological Shoreline Survey Along the Southwestern Shores of Lake Cahuilla." Philip Hines, State of California, Department of Parks and Recreation. 26. "Results from the Excavation of a Rock Enclosure West of the Salton Sea." Dionne Gruver, State of California, Department of Parks and Recreation 9:45-10:00 Break 10:00-11:00 Session 7 The Native Ethnohistory of the California Desert Jennifer Mitchell — Session Facilitator 27. "The Use and Abuse of Ethnography for Developing Late Prehistoric Culture Models in the California Deserts." Jerry Schaefer, ASM Affiliates, Encinitas, CA. 28. "Remembering Lake Cahuilla." Don Laylander, CALTRANS, retired. 29. "Native Population and Settlement in the Western Mojave Desert in the 18' and 19' Centuries." David D. Earle, Lancaster City Museum, Lancaster, CA. 30. "Restoration of Tribal Homelands: A Case Study in Collaborative Leadership and Shared Responsibilities." Ahmed Mohsen, Bureau of Land Management, Ridgecrest Field Office. 11:00-11:45 Session 8 Rock Art of the California Desert Sally Kunkleman — Session Facilitator 31. "Faces in the Rock: A Survey of Face Paint -Like Petroglyphs in the East Mojave Desert." Courtney Smith and David Lee. 32. "An Overview of Rock Art Research in the Mojave Desert." Don D. Christensen and Jerry Dickey. 33. "Rock Varnish Dating of Petroglyphs and Geoglyphs: Chemical Signatures of Past Climatic Change" Ronald I. Dorn, Department of Geography, Arizona State University. 11:45-1:00 Lunch 144 007 1:00-2:00 Keynote Address by Dr. Brian Fagan, University of California, Santa Barbara 2:00-2:15 Break 2:15-3:15 Session 9 Rock Art of the California Desert Dan McCarthy — Session Facilitator 34. "Current Research in Accelerator Radiocarbon Dating Methods for Rock Varnish" Ronald I. Dorn, Department of Geography, Arizona State University. 35. "Archaic (Gypsum Period) Pictographs at Newberry Cave." Joseph M. Simon, David S. Whitley, W&S Consultants and Russell L. Kaldenberg, BLM. 36. "Metaphoric Representation in Shamanistic Rock Art: A Discussion from the Mojave Desert." David S. Whitley, W & S Consultants. 37. "Rock Art of the Western Mojave Desert." Mark M. Campbell, Edward Air Force Base, Cerro Coso College. 3:15-3:30 Break Session 10 : Historic Trails, Roads, and Highways of the California Desert Margaret Hangan 3:30-5:00 38. "Trails: Visible Traces of Ephemeral Pasts." Elizabeth von Till Warren, Department of History, University of Nevada, Las Vegas. 39. "The Mojave Road. " Dennis Casebier, Friends of the Mojave Road, Goffs, California. 40. "The Old Plank Road Across Imperial County." Richard Carrico, Brian Mooney and Associates, San Diego, California. 41. "The Late Prehistory of Route 66 in California's Mojave Desert." Roger Hatheway, County of San Bernardino Department of Roads and Highways, San Bernardino, California. 42. "A Late Prehistoric Travel Route West of Pilot Knob." Jackson Underwood, EDAW, Inc., San Diego, CA. 43. "Historic and Prehistoric Indian Trails of the High Desert." E. Henry James, Archaeological Survey Association of Southern California, Yorba Linda, CA. CLOSING ANNOUNCEMENTS 6:30-8:30 Evening Reception and BBQ with Huell Houser Gloria Darling (Barstow City Council) John Hamil (Desert Managers Group) 145 008 -- MAY11,2001— - - -- - 7:00-8:00 Registration/Coffee 8:00-8:15 Clarence Everly, DOD, Guest Facilitator 8:15-10:00 Session 11: The Historical Record of the California Desert Rolla Queen - Session Facilitator 44. "Historical Archaeology in California Deserts: An Overview." Roger E. Kelly, National Park Service, San Francisco. 45. "The Life of Reilly: Insights into 1810s Corporate Behavior, Worker Life, and Industrial Technologies from a Silver Mining Landscape in the Northern Mojave Desert." James. J. Barnes, Sonoma State University, BLM, Redding Field Office. 46. "The Adventures of a Hysterical Researcher." Dennis Casebier, Friends of the Mojave Road, Goffs, CA. 47. "The Bonanza Trail: Saving the Mojave Desert's Depression Era History." Linn Gum, BLM, Ridgecrest, CA 48. "Adopting Historical Cabins: A Program in Public Participation to Save the Desert's Historical Heritage." Steve Smith, BLM, Ridgecrest, CA. 49. "Small Tracts in the California Desert." Meg McDonald and John Goodman, San Bernardino National Forest, San Bernardino, CA 50. "Homesteading the Mojave." Colonel John J. MacGregor, Carlsbad, CA 10.00-10:15 Break 10:15-11:45 Session 12: The Historical Record of the California Desert Judyth Reed - Session Facilitator 51. "The `Dry' Mojave Desert: The Bootlegging Years in the Mojave." Cliff Walker, Barstow, College. 52. "A 50 Year History of Decorative Rock Mining in the Mojave Desert." Bill Mann, Brubaker Mann Company, Barstow, CA 53. "Using Desert Magazine as an Historical Resource for California Desert History." Tom Budlong, Santa Monica, CA 54. "Desert Frontier Settlement and Land Use in the Antelope Valley Region, 1850-1950" David D. Earle, Lancaster City Museum, Lancaster, CA 55. "Contributions to the Myth of the American West by the Iconic Imagery of Red Rock Canyon, California." Mark R. Faull, Supervising State Park Ranger, Red Rock Canyon State Park, California State Parks. 56. "The Lower Colorado Desert of Southeastern California and Northeastern Baja California in the 19'h Century." Blain P. Lamb, Historian, Capital District, California Sate Parks. 11:45 -12:30 Lunch �.4i-. �� 12:30 —1:30 Keynote Speaker: Remi Nadeau, III 1:30-2:30 Session 13: Issues in Seamless Management of the California Desert Greg Thomsen — Session Facilitator 57. "Fort Irwin's Cultural Resources Program: Priorities, Protocol, and Praxis." Darrell S. Gundrum, Doss Powell, Jennifer Mitchell, and Margarite Grable, Ft. Irwin, CA 58. "Cultural Resources, Border Issues, and Federal Land Management" Margaret H. Hangan, BLM, El Centro and Jason G. Caffey, Border Patrol. 59. "Archaeology, Data Standardization, and GIS" Roscoe Loetzerich, Viking GIS, LLC. 60. "Building a Lithic Data Base for the Western Mojave: A Pilot Study at Red Rock Canyon State Park." James Demetrios G. Fordas, Department of Anthropology, California State University, Long Beach. 2:30-2:45 Break 2:45-3:45 Session 14: Issues in Seamless Management (continued) J.T. Reynolds — Session Facilitator 61. "GIS and Cultural Resources Management in the Next Millennium at Edward Sir Force Base, California." Matthew Pittman, Computer Sciences Corporation, Edwards Air Force Base. 62. "The Evolution of the Bullion Road: Prosperity for Emergent Los Angeles and Connectivity to the Northern Mojave and Eastern Sierra Provinces." Mark R. Faull, State Park Ranger, Red Rock Canyon State Park and Margaret Hangan, BLM, El Centro. 63. "Military Use of the California Desert: The Desert Training Center." Matt Bischoff, Statistical Research, Tuscon, AZ. 64. "Developing a Heritage Tourism Industry to Assist in Preserving the California Desert's Past." Russell L. Kaldenberg, BLM, California State Office, Sacramento 3:45-4:00 Break 4:00-5:15 Managers Panel — Visions for the New Millenium Connie Ramirez (DOD), Clarence Everly (DOD), Doug Knox -Mellon (SHPO), Frank McManamon (NPS), Courtney Coyle (Historic Preservation Law), Marilyn Nikles (BLM), Brian F. Mooney (Consultant), Tom King (Consultant) CLOSING COMMENTS AND ANNOUNCEMENTS REGARDING FIELD TRIPS FOR MAY 12. 147 010 Fieldtrips _—SaturdayMay-12, 2001- -= Sally Kunkleman Session Facilitatof Staging area at Discovery Historic Roads and Trails (Route 66/Mojave Road/Old Spanish Trail) Roger Hathaway Field Tour Guide BUS Black Canyon Rock Art - Dave Whitley Field Tour Guide BUS Rainbow Basin Paleontology- Bob Reynolds Field Tour Guide CAR POOL Calico - Fred Budinger Field Tour Guide BUS -- Harvey House/Barstow area history - Bob Hilburn or Glona DarIing�.Fi61d Tour Guide c t ) ", t SHUTTLE BUS Kelso Depot - Sean McGinnis -- all day trip Gov Vans?? Calico Ghost Town Mining History ?? Bob COSTS??? Lunch/drink/transportation -- To be determined by Ann Marie TIME Constraints??? Sack Lunch included Need short trip overview; need itinerary (start / end time); speakers, guides; disclaimer on what to bring Poster Sessions - Doss Powell - organizer Fort Irwin Speaker Guidelines - Russ Kaldenburg - written up by March 4 12 minute presentation (details in manuscripts) presentation should focus on what we know and what we need to know (needs to be relevant to management issues)- plus 3 minutes for questions - round table format - questions at break Audience - focus on non -technical people Handouts (not required) - table in back AN -- powerpoint or slides only - Ann Marie to organize NO OVERHEADS Speaker bio - title / position, affiliation Manuscript Guidelines - speaker packages with manuscript and presentation guidelines due March 12 to Ann Marie - letter from Ann Marie by March 16 to all speakers, facilitators, etc. Mark Allen, Judyth Reed and Matt Hall to organize American Antiquity style - authors full name, not initials in references cited Length - 15 pages double-spaced plus illustrations plus references Deadline -strongly urge 1 week before conference Illustrations - Black/white image in electronic format Color cover - color frontispiece Desert Voices 2 articles from PACRAT 100-150 word about conference - Ann Marie 200-500 word about PACRAT - Russ Kaldenburg and Roger Kelly 148. 011, T4ht 44Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval of Overnight Travel for the Historic Preservation Commission and Principal Planner to PUBLIC HEARING: Attend the 261h Annual California Preservation Conference to be Held in San Diego, California, May 17-20, 2001 RECOMMENDATION: Approve the overnight travel for the Historic Preservation Commission and Principal Planner to attend the 261h Annual California Preservation Conference to be held in San Diego, California, May 17-20, 2001. FISCAL IMPLICATIONS: The approved Preliminary Fiscal Year 2001/2002 Budget allocates $6,000 for the Historic Preservation Commission and Community Development Department staff to attend conferences. A total of three people will be attending. Attendance at this conference is estimated to be $790 per person based on the following costs: Registration Workshops Hotel Travel Meals TOTAL $1 50 $100 $300 $ 90 1 50 $790 X 3 = $2,370 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-401-637-000 and 101-402-637-000). CHARTER CITY IMPLICATIONS: None. G:\WPD0CS\ccjhHPCtrave1SD. wpd 143 BACKGROUND AND OVERVIEW: Funds have been budgeted for Commissioners and staff to attend conferences in years past. In order to maintain our Certified Local Government status Commissioners and staff are required to obtain continuing education credits. Historic Preservation Commissioners Mike Mitchell and Maria Puente along with Principal Planner Stan Sawa will be attending. Information regarding the conference is contained in Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the overnight travel for the Historic Preservation Commission and Principal Planner to Attend the 261h Annual California Preservation Conference to be Held in San Diego, California, May 17-20, 2001; or 2. Do not approve the overnight travel for the Historic Preservation Commission and Principal Planner to Attend the 26`h Annual California Preservation Conference to be Held in San Diego, California, May 17-20, 2001; or 3. Provide staff with alternative direction. Respectfully spbmitted, 'J jrry He4man C mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: National Preservation Conference 2000 Information G:\WPDOCS\ccjhHPCtrave1SD.wpd 15802 ATTACHMENT #1 2001 CONFERENCE INFORMATION Tours LodpinIz & Transportation Conference at a Glance Conference Registration Form Welcome to San Diego! Founded in 1769 by Father Junipero Serra, San Diego is the "Plymouth Rock" of the Pacific Coast. Its earliest buildings -- the Spanish Mission and the Presidio -- were sited on Presidio Hill, with the first houses, dating to the 1810s, located at the Hill's base in the area today known as Old Town State Park. New Town, founded in 1850 by William Heath Davis, marks the location of San Diego's downtown, but it was the arrival of the transcontinental railroad in 1885 that transformed sleepy San Diego into a Victorian fantasy that has become today's swinging Gaslamp Quarter. The exuberant Spanish churrigueresque of the 1915 Panama Pacific Exposition in Balboa Park has had a lasting impact on California's built environment. WWI and WWII also resulted in regional building booms, as San Diego spearheaded naval operations for the Pacific Theater of War from Bertram Goodhue's Naval Training Center. The post-war period has resulted in world -class resorts and tourist attractions that capitalize on the area's superior climate, natural beauty, and exquisite coastline. Come join us in San Diego and discover for yourself why it is "America's Finest City." The Keynote Speaker Los Angeles journalist Huell Howser will be the featured speaker at the Friday morning Plenary Session. Mr. Howser is the producer and host of the popular "California's Gold" television program that airs regularly on all 13 PBS affiliates throughout the state. Howser strives to "reveal the richness of life in California" through his reports -- so look forward to a lively and inspiring Keynote Address, "In OW Search of California's Gold," on finding and recognizing California's unique -'lJ' A historic places. The Catamaran Resort Hotel Conference Headquarters will be the 1950s modern Catamaran Resort Hotel on Mission Bay. Each room has its own balcony or patio. The hotel will house the Educational Sessions, the Registration area, Bookstore, Exhibits, and Silent Auction. Registration opens at 8:00 a.m. on Thursday, May 17. The Catamaran Resort Hotel is located at 3999 Mission Boulevard, which is just 15 minutes from downtown San Diego. Phone: (800) 422-8386, www.catamaranresort.com. Educational Tracks Nuts & Bolts - Preservation Programs for Planners and Activists The latest trends in survey techniques -- how to identify and evaluate historic resources, preservation incentives, planning techniques, and legal strategies which have helped to further the cause. Sessions include: "Identifying and Evaluating Historic Resources," with preservation professionals and OHP staff ... "Survey Techniques," to learn about cutting -edge techniques and how CalTrans identifies often overlooked or undervalued resources ... "Carrots Instead of Just Sticks," where experts present successful economic incentives and planning strategies to encourage preservation ... and "Writs Righting Wrongs," where you'll learn about 3 great "win -win" litigation outcomes straight from the activists and attorneys involved. Fundraising - Cash for All Occasions For your organization or your pet project. Sessions include: "Cultivating Cash," to get professional tips on strategic organizational development ... "Bricks and Mortar Funding" -- learn how to negotiate to get all types of capital for your favorite preservation project ... "Grants for All Occasions," an interactive workshop with the experts who have money to give away ... and "Spectacular. Fundraisers Roundtable," where you can join a discussion of great ideas that generate cash year after year. Architectural History - California's Recent Past Focusing on California's and San Diego's more recent past. Sessions include: "Building Big," examining how public works projects fit within a preservation agenda... "On the Waterfront," a timely and informative session on waterfront resources ... "San Diego Architecture Between the Wars" -- learn about new research on three of San Diego's most prestigious architects: Irving Gill, Cliff May, and William Templeton Johnson ... and "Surfs Up!," where boardwalks and coastal amusement parks from the early Twentieth Century are joined by mid-century surfing icons and Tiki Modern. Preservation Toolkit - Advanced Preservation Topics Advanced topics for the practicing professional. Sessions include: "Interpreting 'The Standards,"' where you can challenge OHP staff and preservation professionals in a lively interactive session on the Secretary of the Interior Standards ... "Photographic Documentation Techniques," sharing award -winning HABS/HAER photographer Brian Grogan's tips on recording historic resources on film ... "Historic Documentation Techniques" -- learn about cutting -edge technology and the best documentation techniques ... and "Heritage Areas: Nature vs. Culture?" -- participate in a presentation of California's attempt to create and implement heritage areas that preserve rural 15 and cultural landscapes. Historic Sites and Special Events 0 O J Note: (T) means a prepaid ticket is required to attend. Opening Reception at Balboa Park's Historic House of Hospitality & Courtyard On Thursday Evening, May 17, be welcomed to San Diego and enjoy hors d'oeuvres at the House of Hospitality's sumptuous Spanish Baroque -style Ballroom and Courtyard Gardens. The House of Hospitality's 1997 transformation into permanent materials won a CPF Preservation Design Award. (T) Plenary Session at Irving Gill's First Church of Christ, Scientist The First Church of Christ, Scientist (1909), a 2001 Preservation Design Award winner, is a local landmark. The Plenary Session in this architectural gem, designed by Irving Gill, will be held Friday Morning, May 18. The Keynote Speaker will be journalist Huell Howser, the charming champion of California's historic places and host/producer of the television program, "California's Gold." This year's CPF President's Awards will also be presented. Three -Minute Success Stories on the historic ferryboat Berkeley The thrills, chills, and frills of preservation around the state will follow a gourmet dessert reception with no -host bar on Friday Evening, May 18 aboard the National Register -listed Ferryboat Berkeley that was built for service on San Francisco Bay in 1898. It features a beautiful stained glass clerestory as well as one of the world's best examples of a triple expansion steam engine. (T) CPF Annual Membership Meeting and Luncheon on Mission Bay Beach Enjoy the soothing bay breezes as you have lunch with fellow CPF Members. The CPF Annual Meeting and election of new Trustees will take place there on Saturday, May 19 Open to all CPF Members. (T for Box Lunch Only) Dining, Dancing and Bidding in the 1950s Kon Tiki Ballroom Saturday night's Gala Luau and Live Auction -- plus live music -- will take place in the Catamaran's Polynesian ballroom styled after ancient tribal meeting halls on distant Pacific isles. Hawaiian shirts optional! (T) Mobile Workshops & Special Programs Special Masonry Workshop Join masonry conservation expert Charles Kibby for a seminar on cleaning and repair of natural and man-made masonry materials. Includes lectures and demonstrations on composite mortar patching. Limited attendance. Thursday, May 17, 9:00 a.m.-12 noon. (T) Main Street Breakfast Meet California Main Street's soon -to -be -appointed new Director and the Managers of two exciting Main Street programs, Coronado Main Street and Encinitas Main Street. Find out how the Main Street program can work for you! Friday, May 18, 7:00 a.m-8:15 a.m. (T) International Preservation Lunch Maria Castillo -Curry, Professor at El Colegio de la Frontera Norte in Tijuana, Mexico, will discuss binational regional issues. Join in a discussion of preservation strategies on both sides of the border. Friday, May 18, 12:15 p.m.-1:45 p.m. (T) Naval Training Center Mobile Workshop 1 j 3 Tour San Diego's 431-acre Naval Training Center with Architect Wayne Donaldson and Preservationist Vonn Marie May and learn how the City plans O to adapt this architectural and historic district treasure for civilian use. Friday, May 18, 2:00 p.m.-5:15 p.m. (T) Salk Institute Architectural History Workshop Architect and Historian Jeffrey Shorn is our guide at Louis Kahn's internationally -acclaimed modern masterpiece, the National Register -listed Salk Institute for Biological Studies in La Jolla. Learn how preservation issues prompted a re -design of a controversial proposed expansion from the expansion architect, David Rinehart, FAIA, and NPS Landscape Architect/Historian Charles Birnbaum, FASLA. Friday, May 18, 2:00 p.m.-5:15 p.m. (T) Legislative Breakfast Find out about exciting new initiatives for preservation incentives at the State level from the legislators and advocates working on their passage. Also covers the latest from the Nation's Capital -- and more! Saturday, May 19, 7:30 a.m.-8:45 a.m. (T) San Diego Historical Society Design House Mobile Workshop A behind -the -scenes study tour of this year's Design House -- a 1912 oceanside property designed by William Templeton Johnson -- with the people who put it all together. See how the creative concept becomes a reality! Saturday, May 19, 9:00 a.m.-12:15 p.m. (T) Villa Montezuma & House of Hospitality Workshop The National Historic Landmark District in Balboa Park is the backdrop for the first part of this Mobile Workshop on substitute materials. Part 2 will study paint colors at Villa Montezuma, the San Diego Historical Society's flamboyant Victorian. Saturday, May 19, 2:00 p.m.-5:15 p.m. (T) Affinity Meetings and Reception State4Iistorical Resources Commission Quarterly Meeting: Includes this year's Governor's Awards for Historic Preservation. Open to the public. Thursday, May 17, 9:00 a.m.-4:00 p.m. State.Historical Building Safety Board Quarterly Meeting: Agenda for the meeting has not been finalized. Open to the public. Thursday, May 17, 1:00 p.m.-5:00 p.m. Gaysp Lesbians, & Friends in Preservation Reception: Join gay and lesbian organizations at a reception at the "Bourbon Street" nightclub. Thursday, May 17, 5:00 p.m.-6:00 p.m. Tours Gaslamp Tour The happening place to live, work, shop and play, San Diego's Gaslamp Quarter is one of the most successful commercial historic districts in California. We'll tour the district and examine its preservation challenges. Thursday, May 17, 1:00 p.m.-5:00 p.m. (T) Modernism Tour Discover exquisite, but well -hidden, treasures by Richard Neutra, Rudolph Schindler, and their San Diego contemporaries, accompanied by the architects who have recently restored, reconstructed, and/or relocated these gems. Thursday, May 17, 1:00 p.m.-5:00 p.m. (T) Balboa Park Tour San Diego's Balboa Park is home to stunning Beaux Arts architecture and 154 arboretum -quality horticulture. Visit the sites of both the 1915 and 1935 International Expositions, now National Historic Landmark Districts. 007 Thursday, May 17, 1:00 p.m.-5:00 p.m. (T) La Jolla Tour Spend an afternoon in glorious La Jolla exploring the impressive legacy of philanthropist Ellen Browning Scripps and the world-renowned architect she hired, modernist Irving Gill. Stops include the La Jolla Women's Club. Thursday, May 17, 1:00 p.m.-5:00 p.m. (T) Flame Out! The Great Neon/Martini Tour Hop aboard an open-air trolley and celebrate San Diego by night. Witness a parade of neon beauties from the 1920s to the 1950s. A tour of the Skaler Neon Studios includes "the best" martini south of San Francisco! Thursday, May 17, 8:00 p.m.-10:30 p.m. (T) Coronado Island Tour The famous and historic Hotel Del Coronado welcomes you to the "Island." We'll cruise charming Orange Avenue, visit Irving Gill -designed oceanfront homes and enjoy spectacular coastal views along Dana Drive after touring North Island Naval Base where two rarely accessible historic districts await our inspection. Friday, May 18, 2:00 p.m.-5:15 p.m. (T) Old Town San Diego Tour Step back in time to where California began and discover why Old Town is the most visited State Park in California. Our special tour with project architects and archaeologists includes original and reconstructed adobes. Friday, May 18, 2:00 p.m.-5:15 p.m. (T) Rancho Santa Fe Tour One of California's first planned communities, designed by architect Lillian Rice in 1923. Tour includes visits to several private homes and lunch at the Rancho Santa Fe Inn. Lunch, baggage storage, and shuttle to airport provided. Sunday, May 20, 8:30 a.m.-2:00 p.m. (T) Historic Highway 101 Tour Travel back in history along the famed "Tijuana Highway" of the Silver Screen era. Highlights include charming La Jolla, Torrey Pines State Park, and quaint Del Mar. Lunch, baggage storage and shuttle to airport provided. Sunday, May 20, 8:30 a.m.-2:00 p.m. (T) California Ranchos Tour Rancho Santa Margarita y Las Flores, Rancho Guajome and Leo Carrillo Ranch provide an evolution of gringo occupation in San Diego County. Lunch, baggage storage and shuttle to airport provided. Sunday, May 20, 8:30 a.m.-2:00 p.m. (T) Irving Gill Tour Visit San Diego's living room -- Horton Plaza -- to view Irving Gill's celebrated Beaux Arts fountain, then enjoy San Diego's trendy uptown Hillcrest neighborhood, home to many early Gill buildings. Sunday, May 20, 9:00 a.m.-12 noon (T) Historic San Diego Playhouses Tour Walk through theater history, starting with downtown's Spreckels Theater, continuing to the Greek Amphitheatre in Point Loma, then on to Balboa Park's Old Globe Theater. Sunday, May 20, 9:00 a.m.-12 noon. (T) Lodging & Transportation 155 Lodging: Catamaran Resort Conference Rates until April 16: $135 Single or Double. Phone: (800) 422-8386. You must mention CPF to receive this rate. 008 Transportation By Air: Most major airlines fly into San Diego Airport, a 15-minute ride to Conference Headquarters. The Catamaran Hotel offers 24-hour airport transportation via Cloud 9 Shuttle. Guests of the hotel receive a special rate of $9 per person each way. Use the courtesy phone indicated for the Catamaran in the luggage area or find a Cloud 9 white van outside the terminal. United and Southwest Airlines are the "Official Airlines" of California Preservation Foundation. Discounts good for travel 5/13 to 5/24/01. United Airlines is offering a 5% discount off the lowest applicable discount fare (including First Class), or a 10% discount off full fare unrestricted coach fares, purchased 7 days in advance. An additional 5% discount will apply when tickets are purchased at least 60 days in advance of your travel date. Call United's toll -free number, (800) 521-4041, to book your reservation. Discounts also apply on Shuttle by United and United Express. When making your reservation make sure to refer to Meeting ID Number 592XD. Southwest Airlines is offering a 10% discount on most of its already low fares for air travel to and from the Conference. Call Southwest Airlines Group and Meeting Reservations at (800) 433-5368 to purchase your tickets. You must make reservations 5 or more days prior to travel to take advantage of this offer. Please reference ID Code R3123. By Car: Hotel guest parking is available at the rate of $6 per night. Local attendees may park in the garage for $1 per hour, maximum $6 per day. By Train: Take Arntrak's beautiful "Surfliner" along the coast from L.A. to Arntrak's downtown San Diego Station. Phone: (800) USA -RAIL. Call Cloud 9 Shuttle, (800) 9-SHUTTLE, to arrange service to the Catamaran Resort Hotel. Supporting Organizations City of San Diego / State Office of Historic Preservation / National Trust for Historic Preservation / San Diego Historical Society / Maritime Museum of San Diego / San Diego Chapter, American Society of Landscape Architects �4 156 2001 CPF Annual Preservation Conference Registration Form Please print this form and mail or fax it to us. Note: Early Bird Registrations must be received in CPF's office by April 26, 2001. Regular Registrations must be received by May 4. Registrations after May 4 must be made on site. Cancellation is subject to a $25 fee prior to 5 P.M. May 4. Cancellation after May 4 will be charged a $35 fee for Registration only. Refunds for ticketed events will be made only for cancellations received by May 4. Registrants may purchase extra tickets for those events indicated by (T). Conference Registration fee includes Plenary Session and all Educational Sessions except Events and Special Programs listed below. One -Day Registrants may only sign up for Events and Special Programs held on that day unless indicated by (T). Events and Special Programs are subject to Sell-outs and Cancellations. Each Registrant must use a separate form. CONFERENCE FEES These categories are Complimentary: Event Patron (2 people), Event Sponsor (1 person), Conference Leader (2 people), Conference Friend (I person), President's Circle Members: Heritage Patron or Preservation Sponsor (2 people), Preservation Partner (1 person). ...... _........... .- _................._ ... H_._... _ _..... _ CPF SOO Member (Circle one) $I50 $175 Non -Member $190 $215 (includ s 8-month CPF membership) CPF S udent Member 100 ( 125 Non- ember Full -Time Student (ID re ired, includes 8-month CPF $120 $145 memb ship) Reside is of Mexico $120 $145 (Passprt required) One-D y Member: (Circle one) Friday $75 $100 Saturd' y One-D iy Non -Member: (Circe one) Friday' $125 $150 Saturd y AIA/C S Continuing Education Credits 15 Price Size (girc e 1) o Items ence T-Shirt $15 S M L XL Cotton) XXL : EVENTS AND SPECIAL PROGRAMS 157 010 Thurs ay, May 17: o Iteiffis Specia Masonry Workshop 50 (T) Ga lamp Tour 25 �� (T) Mo�ermsm Tour 25 (T) Ba oa Park Tour 25 �' (T) La �olla Tour �25 (T) Op ning Reception at House of Hospitality STO FF— (T) Ne n Tour 30 F—F—' Main S reet Break ast 25 Interna Tonal Preservation Lunch 35 F— F— Nuts Bo ts: Nava Trammg Center Reuse 25 I (T) 01 Town Tour 25 F— Architgctural History: The Salk Institute $30 I - (T) Co' ona o Islan Tour 25 (T) T ee-Mmute Success Stones 30 F—' Satur ay, May 19-. (T) Le islative Breakfast 25 Fundra sing: Historical Society Design House 30 Box L nch Tor CPF Annual Meeting 16.50 Villa ontezuma an House o Hospita ity 25 �� (T) G+- Luau Dinner Dance and Live Auction S65 Sunda ,May 20: (T) Ra c o Santa Fe Tour 45 (T) Hi hway 101 Tour (T) Ca ' orma Ranc os Tour 45 (T) Iry (T) Th' aters Tour 25 TOTAL AMOUNT ENCLOSED: $ Payment Method Check # payable to CPF. Account Name (if different from yours): Visa/MC# Expires: Cardholder Name: Signature YES, I have Special Needs (Hearing, Vision, Mobility, Dietary, etc.) Please explain: FOR BADGE: 153 011. Name: Affiliation: Address: City: State: Zip: Day Phone: Eve Phone: Fax: E-mail: Please mail or fax for CPF Conference, 1611 510.763.4724 FAX m to: Telegraph, Suite 820, Oakland, CA 94612. 153 01� N L W Z W ce- 11J LL. O Z F-- O Q C-4 � O W N V � Q Q O Q LL- U __j J U Q O Z Z LU Q Q = Z G C =3 ;wog . 3 F c o >' N YO v C O cc 3 O > C ^C Nr O 'O v' n v 3 R. p to CO G 3 C C C C per' C r.. u F L 'L7 ti G u C V r rp" L v iN. ,� R Q r v L O c J m L R L- b C x R C O .TQ 0 d p v -0 O 7 F R O c C ' x n rF' is N O w Z p, x v a� CO ? G LY"• C F .a z v C 7- Li Q y U 3 v 3 0. z • y J E ^Rr o N o z u aC w R w v v C w U Y CL •b ry i R x 0 CFO .R, 4 C O o R _^. o O m 3 i v 3�. b4� R V �u ��u� R F =;� 0 i 3ti N y N J ^ u ro R. v CO vi i> C R 3z m R aA.., 0 x > T C -= CL ~ C Y c •y .0 a> R r P, R •Y R ^C' OO Vl F G � Y U: Y 'JI m u n O `� Or s R •n u b y S] v uv. >'D a F VO r bw .y a '3 G V �"C b> R V i 'O .F v N R GOB > .� 'Z c R y aU o 3 c R 3 C° O v o �O a R v r .. yD r ('y N R 'C«. C V N E C G a4 v v CC)y- rG C Ov iv...r�. aCi v •� r; O c' C: C? 0 0 vvi O C U P.. G. V fj, Or• ry 3 v b U R N R U V -0 N n o" C c-X . y tz X o .� V a F v . p .� R 'y ., m o �s .. u--c CDC bD '.2 G u G COS > C y u 'r y'r >G C O O v ti v •o -C per• 'r R .. Y .V. � � vi j� R C to R to i U O L T G z bbD m C v C jtp EL O cc - � w cc Z C w o N LL w m - U W W m •3 - i ¢ N C cc W p - J 7 �.. OA x F 4: N o ¢tX> cL LL Y m Q- d N v V z U E N o Y � Y ¢ N bD CD c u C4 bA = •n [i. � � C CL a U M A ¢ v X w � � Y Y I O a+ C) ¢ ca 3 W Q , x V xIn 66.0 G E O O w ' ej w r N N O O CD L C o (C) lWi N W 00 D0 N N N cr �o O z OD 1�0 013 Tit,, 4 lwQ" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Approval of a Professional Services Agreement to provide Infrastructure Inventory and Valuation Services for City Conversion to GASB 34 Accounting Standards RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement in the amount of $30,200 with the firm of Conrad Business Services, Inc. for a complete inventory of all City infrastructure assets and valuation, in compliance with Government Accounting Standards Board (GASB) Statement 34. FISCAL IMPLICATIONS: /CZ There is sufficient cost savings in the Fiscal Services budget from staff vacancies to fund this service. Therefore, no additional appropriation is necessary. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Governmental Accounting Standards Board (GASB) issued Statement 34 in June 1999, requiring all state and local governments to change their method of recording, depreciating, and valuing infrastructure assets. This represents a fundamental change in the governmental financial reporting model, which has been in place nationwide since 1979. In order for the City's financial statements to be presented in accordance with generally accepted governmental accounting standards, this conversion must be made. The City of La Quinta is required to implement GASB 34 by June 15, 2002; however, staff is recommending early implementation at June 30, 2001. Conversion will require a complete inventory and valuation of all City infrastructure assets, including streets, curbs, gutters, sidewalks, medians, street lights, bus shelters and public art. Assets in place at the time of city incorporation will need 161 at a historical basis, and current replacement costs calculated. Road work transferred to the City by the County will need to be inventoried and valued at the time of acquisition. Additionally, current condition of all infrastructure assets must be determined, and then reassessed by the City at least every three years. Detailed records will be created and provided to the City, for ongoing use by all City departments, and for integration with the City's GIS system. It is anticipated that once data is obtained, staff will update the information. Conrad Business Services, Inc. is a consulting division of Conrad and Associates, the City's audit firm. Staff believes there are advantages both in efficiency and in preparation of necessary records for compliance with accounting and audit requirements, based upon the knowledge and relationship Conrad and Associates has with the City staff and its operations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Professional Services Agreement in the amount of $30,200 with the firm of Conrad Business Services, Inc., for a complete inventory of all City infrastructure assets and valuation, in compliance with Government Accounting Standards Board (GASB) 34; or 2. Do not approve a Professional Services Agreement in the amount of $30,200 with the firm of Conrad Business Services, Inc., for a complete inventory of all City infrastructure assets and valuation, in compliance with Government Accounting Standards Board (GASB) 34, and direct staff to prepare a request for proposals; or 3. Provide Staff with alternative direction. Respectfully submitted, n M. Falcondr, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 2. Proposal from Consultant ATTACHMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and CONRAD BUSINESS SERVICES, INC. (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to creation of inventory records and valuation of Infrastructure Inventory, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor 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 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 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. 1.4 Licenses. Permits. Fees and Assessments. Contractor 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. Contractor 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. 1.5 Familiarity with Work. By executing this Agreement, Contractor 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 the Contractor 1 163 �04 attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or detective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount, except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion or payment in accordance with the percentage of completion of the services, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). As is stated in Exhibit "C", the contract fee is inclusive of travel and out-of-pocket expenses. 2 1614 �;�5 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the 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 Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. � •' ' 01144 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 the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Mameure. The time period specified in the Schedule of Performance (Exhibit "D") 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 the Contractor, 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 the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion 3 16� 006 of the services, except as otherwise provided in the Schedule of Performance (Exhibit "D"). � • Okll Kel•' 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Marcus D. Davis It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor 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 Finance Director or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the 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 the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set 0 forth. Contractor 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. Contractor 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. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. • : ► ► • • : ► • : •7►11t�� 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the 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: Coverage (personal injury/ Contract Sum rrooperty damage) 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 The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising E 167 008 out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor'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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount of $1,000,000. 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 of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, , arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums 0 163 0J9 for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor 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 the City may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor 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 principles. 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor 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, as referenced in Exhibit "E". Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 7 16:� 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor 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. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 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 Contractor 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, the City may take such immediate action as the 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 Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor 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 Contractor. 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. 8 1-7 0 O11 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor 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 (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the 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. 9 171 012 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor 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 the 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor 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, disability or ancestry in the performance of this Agreement. Contractor 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, physical disability, mental disability, medical condition, age or ancestry. 9.1 Notice Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager 10 1 To Contractor: CONRAD BUSINESS SERVICES, INC. 1 100 Main Street, Suite C Irvine, CA 92614 (949) 474-2020 Attention: Marcus D. Davis 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, 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 judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect 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. 11 173 �1% IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: Name: Conrad Business Services, Inc. Title: Vice -President CITY OF LA QUINTA, a California municipal corporation in am 12 City Manager "CITY" Marcus D. Davis Conrad Business Services, Inc. "CONTRACTOR" 1(4 015 EXHIBIT "A" A • • i91WOM ►IMI Contractor will provide the City with a complete valuation of all of its infrastructure assets. These assets will include, but are not limited to, all streets, medians, curbs and gutters, sidewalks, streetlights, traffic signals, bus shelters, bridges, right-of-way, and public art. Contractor's examination will be conducted in accordance with generally accepted governmental accounting standards. The method of valuation will use historical cost to value the infrastructure where cost information is available. If historical cost in not available, the Contractor will estimate historical cost by determining the current replacement cost and indexing it back to the date, or estimated date, of acquisition. It is understood that all methods used will be allowable under GASB Statement 34. 2. The Contractor will present to the City a final report that will include values for all of the aforementioned infrastructure assets. This report will break out streets by: right-of-way, pavement, curbs/gutters, medians and sidewalks, detailed by street. All other assets will be grouped by type. Contractor will provide the above services using the turnkey approach, creating all missing infrastructure inventories including right-of-way, curb, gutter, sidewalk and median information, and the valuation of these assts. 3. Contractor will begin this contract as soon as possible after contract award, and it is estimated that the project will be completed and a draft report issued to the City within ninety (90) days of the award of the contract. 4. Contractor desires to keep its City clients abreast of new developments affecting implementation of Governmental Accounting Standards Board Statement 34. Contractor will advise City staff of any new developments or recommended practices in regard to implementation of this Statement. 5. Contractor will develop and deliver to City inventory and valuation records in such a manner that the City will be able to maintain these records for future needs. 175 13 016 MOMWIR-1111111111 a." [Not Applicable] 14 �� dl EXHIBIT "C" WelffiffieZIOUNTAN I • The following is a summary of the maximum fee (including all out of pocket expenses) for the engagement: Streets (pavement and Right of Way) $16,300 Curbs/gutters & sidewalks 3,800 Medians 1,100 Bridges 500 Traffic signals 2,500 Street lights 2,800 Bus Shelters 400 Public Art 2,800 Total compensation $30,200 The above not to exceed fees contemplate conditions satisfactory to completion of the examinations, including the City providing the Contractor with all records available to assist in the project. Contractor's staff will locate supporting documentation upon guidance from City staff. The foregoing rate includes reimbursement for all travel and out of pocket expenses. 177 15 018 EXHIBIT "Y SCHEDULE OF PERFORMANCE Contractor will begin the project within two (2) weeks following award of the contract. It is estimated that the project will be completed and a draft report issued to the City within ninety (90) days following award of the contract. 16 1,8 1-,19 EXHIBIT "E" OWNERSHIP OF DOCUMENTS (Exception to 6.3) Contractor agrees ownership of all reports, records, documents or other materials, whether in hard copy or electronic form, which are prepared by the Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of the City and shall be delivered to the 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 of the City of its full rights of ownership of the documents and materials. Contractor agrees that records will be delivered to the City at completion of contract in such a form, whether hard copy or electronic form, that City staff will be able to provide future maintenance of the records. 1(rh 17 ('n ATTACHMENT NO. 2 Century Business Services Conrad Business Services, Inc. 1100 Main Street, Suite C Irvine, California 92614 Phone (949) 474-2020 Fax (949) 263-5520 January 19, 2001 Mr. John Falconer Director of Finance City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Falconer: Thank you for the opportunity to meet with you and your staff regarding GASB 34 infrastructure valuation. As we discussed Conrad Business Services, Inc. has the expertise to assist you with your GASB 34 infrastructure valuation. As you are aware, GASB Statement Number 34 requires governments to record their infrastructure, which is defined as stationery, long-lived capital assets that are normally preserved for a significantly greater number of years than most capital assets. These infrastructure assets must be reported at their cost or estimated historical cost. Any contributed infrastructure must be reported at its estimated fair value at the time of acquisition. The City has the option of depreciating its infrastructure. If the City chooses not to depreciate its infrastructure, it must adopt a minimum condition level to which the assets are to be maintained. Additionally, the City must complete a condition assessment of those assets at least every three years and provide reasonable assurance that those assets are being preserved at approximately the same condition level as originally established by the City. Conrad Business Services, Inc. will provide the City with a complete valuation of all of its infrastructure assets. For the City of La Quinta, those assets will include all streets, medians, curbs and gutters, sidewalks, streetlights, traffic signals, bus shelters, bridges, right -of way and public art. The valuation will use historical cost to value the infrastructure where cost information is available. If historical cost information is not available, we will estimate the historical cost by determining the current replacement cost and indexing it back to the date, or estimated date, of acquisition. This method of determining estimated historical cost is allowable per GASB Statement Number 34. JAN 2 1 Mr. John Falconer City of La Quinta January 19, 2001 Page Two According to GASB Statement Number 34, the City has the option to only value those assets that were acquired, constructed or significantly reconstructed since 1980. However, since the City was incorporated in 1983, the City should include all infrastructure assets in the valuation including those received from the County at the time of incorporation. We will present to the City a final report that will include values for all of the aforementioned infrastructure assets. This report will break out streets by, right-of-way, pavement, curbs/gutters, medians and sidewalks, detailed by street. All other assets will be grouped by type. We have met with the City's contract engineer to discuss the type and availability of existing records for purposes of compiling the inventory of infrastructure. Upon commencement of the project, we would need to meet %with various City officials to review and discuss the records available to ensure that we understand the nature of the existing information. From this initial meeting, we will determine the type of information that is not currently captured, and how best to collect the missing data. Conrad Business Services, Inc. can provide the above services for GASB 34 infrastructure valuation using a turnkey approach for a fixed fee of $30,200. The City of La Quinta has requested pricing alternatives to provide for varying levels of City/consultant partnership. The following schedule identifies these alternatives. Option 1 $30,200 Option 2 $24,600 Option 3 $23,100 Option 1 This option is the turnkey approach. Conrad Business Services, Inc. would create all missing infrastructure inventories including right-of-way, curb, gutter, sidewalk and median information. We will then value all infrastructure assets. Option 2 The City wouid create the right-of-way inventory records by street. Conrad Business Services would create the curb, gutter, sidewalk and median inventories and then value all City infrastructure assets. Option 3 The City would create all missing inventories. Conrad Business Services, Inc. would value all infrastructure assets. This fee is inclusive of all travel and out-of-pocket expenses. We can begin the project within two weeks following award of the contract. It is estimated that the project will be completed and a draft report issued to the City within ninety (90) days following award of the contract. 0 Mr. John Falconer City of La Quinta January 19, 2001 Pasze Three If you have any questions regarding the above, please give me a call at (949) 474-2020 extension 223. Sincerely, CONRAD BUSINESS SERVICES, INC. Marcus D. Davis Vice President Accepted: CITY OF LA QUNITA Title Date 182 021 Tjt�t 4 4 Qum& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: 13 ITEM TITLE: Adoption of a Resolution Ap proving pproving a STUDY SESSION: Street Closure Permit for the Annual Greater Coachella Valley Soap Box Derby to be held April 14, PUBLIC HEARING: 2001, on Avenida Bermudas Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro for the annual Greater Coachella Valley Soap Box Derby on April 14, 2001. Funds were budgeted to support the Soap Box Derby. The amount of $2,800 was budgeted for the Soap Box Derby Operating Materials in Account No. 101-453-703- 847. None. On February 26, 2001, representatives of the Greater Coachella Valley Soap Box Derby applied for a minor use permit to hold their annual event on Saturday, April 14, 2001, between the hours of 5:00 A.M. and 7:00 P.M. The Community Development Department will issue Minor Use Permit 2001-276 after they receive comments from potentially affected agencies. The proposed race route is identical to the route used in previous years, and requires the closure of Avenida Bermudas between Calle Arroba and Calle Nogales and closure of the side streets to the west that connect to Avenida Navarro which include Calle Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. 183 T:\PWDEPT\C0UNC1L\2001 \010403c.wOd Temporary street closures are allowed if the City Council adopts a Street Closure Resolution pursuant to Municipal Code Section 12.32. If the Resolution is approved, the Public Works Department will issue an Encroachment Permit pursuant to Municipal Code Section 12.16 that requires the implementation of traffic safety measures including traffic control signs, barricades, and other safety measures. The temporary street closure will have minimal impacts on the surrounding area because other streets adjoining the site are available to provide access to the surrounding residential properties. The affected property owners will be notified of the upcoming event pursuant to the conditions of Minor Use Permit 2001-276. Approval of the temporary street closure will not create conditions that may threaten the public's health and safety needs of the community because specific conditions will be imposed as a part of Minor Use Permit 2001-276. ki telliMe&VAillP . The alternatives available to the City Council include: Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro for the annual Greater Coachella Valley Soap Box Derby on April 14, 2001; or 2. Do not adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro for the annual Greater Coachella Valley Soap Box Derby on April 14, 2001; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 184 T:\PWDEPT\COUNC1L\2001 \010403c. wpd iu 2 RESOLUTION 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES AND THE SIDE STREETS TO THE WEST THAT CONNECT TO AVENIDA NAVARRO, ON APRIL 14, 2001, FROM 5:00 A.M. TO 7:00 P.M. FOR THE GREATER COACHELLA VALLEY SOAP BOX DERBY WHEREAS, the Greater Coachella Valley Soap Box Derby has applied for City Council approval to close Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for their special outdoor event to be held April 14, 2001; and WHEREAS, the City Council on the 3`d day of April, 2001, reviewed and heard public testimony on this request to temporarily close Avenida Bermudas between Calle Arroba and Calle Nogales and those interconnecting streets to the west between the hours of 5:00 A.M. and 7:00 P.M.; and WHEREAS, the City Council finds the following facts and reasons to justify approval of said temporary street closure: 1 . The temporary street closure is allowed based on Chapter 12.32.080 (D) of the Municipal Code which permits the City Council, by Resolution, to designate "temporary no parking" areas by placing signs adjacent to the street curb. The posting of "no parking" signs and installation of traffic barricades in all areas necessary to ensure traffic safety shall be completed as required by the Public Works Encroachment Permit. 2. The temporary street closure will have minor impacts on the area because other streets adjoining the site are available to provide access to the immediate neighbors surrounding the race event. The affected property owners will be notified of the upcoming event as required by Minor Use Permit 2001-276. 3. The City can grant an encroachment permit to allow activities on public streets for specific periods if legitimate reasons are found to allow the closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic -Control Devices) are provided, such as traffic barricades and "no parking" signs to ensure that the public is not "at risk" while attending the special event. 4. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community at the various events because specific conditions will be imposed and shall be met. 18 1003 T:\P W DEPT\COUNCIL\2001 \010403c.wpd NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. That the above citations are true and correct and constitute the findings and requirements of the City Council in this case. Section 2. The City Council approves the closure of portions of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro (Exhibit "A") from 5:00 A.M. to 7:00 P.M. subject to conditions imposed by the Public Works and Community Development Departments. Section 3. The City Engineer, or his designee, will issue an Encroachment Permit (Chapter 14.16 of the Municipal Code) to the Greater Coachella Valley Soap Box Derby regulating the closure of the streets provided certain traffic control standards and the Conditions of Approval for Minor Use Permit 2001-276 are met. Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of the Municipal Code) as required by the Public Works Director, a minimum of 24-hours prior to the event. The Riverside County Sheriff's Department will tow any unauthorized vehicle within this area at the time of the event. Section 5. In case of bad weather, the City Manager is authorized to reschedule the street closure provided all conditions of approval under Minor Use Permit 2001-276 are met. Section 6. The Greater Coachella Valley Soap Box Derby personnel shall obtain an Encroachment Permit from the Public Works Department, including a traffic control plan, prior to closing the streets, and make arrangements to install all traffic safety signs and barricades prior to the closure of said streets. Section 7. A condition of Minor Use Permit 2001-276 shall be to have Riverside County Sheriff's Department personnel on hand to assist the applicant with on -site security and provide traffic control measures needed to carry out the street closure permit. Section B. The City Council authorizes City staff or other assigned safety personnel to close the event if at any time all safety standards are not being met, and thus could jeopardize those persons attending the function; and Section 9. The City Clerk shall cause this Resolution to be posted after its adoption. T:\PW DEPT\COUNCIL\2001 \010403c.wpd PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`' day of April, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California FL1i1111*28 JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 187 T:\PW DEPT\COUNCIL\2001 \010403c. wpd flcJ5 uu ---I F�7 77 EXHIBIT "A" 1 I — I 1 I Calle Ensenada n I GREATER COACHELLA VALLEY SOAP BOX DERBY APRIL 14, 2001 (5:00 A.M. to 7:00 P.M.) Id W A cx W C3 Z W LLJ d C cd V I Calle No ales Calle Chihuahua m N O y c G iy cd 12v ( Q o t 0 ed Cd y Calle Monterey Calle Colima Calle Arroba Calle Chillon_, LAJ H C3 U 188 ceit,, 4 4a Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: ITEM TITLE: Consideration of Change Order No. 1 to STUDY SESSION: the Fiscal Year 2000/2001 Obelisk Contract to Change the Style and Material of the Lettering on the PUBLIC HEARING: Obelisks Approve an appropriation of $1000 from the Arts in Public Places Fund (Fund No. 701- 000-300-290); and Approve Contract Change Order No. 1 to the Fiscal Year 2000/2001 Obelisk Contract in an amount not to exceed $4,378.50 to change the lettering style and material on each obelisk face. The City received a letter dated March 2, 2001 from the artist, Peter Urbon, recommending the change and providing a quote in the amount of $4,378.50. A copy of that letter is included as Attachment 1 . During the Fiscal Year 2000/2001 Budget Hearing, the City Council appropriated $20,000 from the Arts in Public Places Fund (APP) for the installation of additional obelisks. During the October 3, 2000 City Council meeting, the City Council authorized the City Manager to enter into an agreement with Peter Urbon to provide 7 foot high obelisks at various locations. The City Council also approved an appropriation increase of $5,000 from the APP for a total of $25,000 for Fiscal Year 2000/2001. The following is a breakdown of costs required for the obelisk program: Total Budget $25,000.00 Administration ($ 1,000,00) Balance $24,000.00 Original contract amount ($17,380.00) Foundations and Brackets ($2,850.00) Contract Change Order 1 ($4 378.50) Total Balance Remaining ($608.50) 181 TAPW DEPT\C0U NCIL\2001 \010403b.wpd If Contract Change Order 1 (Attachment 2) is approved by the City Council, there would be a budget shortfall in the amount of $608.50. An appropriation of $1,000 of APP funds is recommended to fund this change order and any minor contingency that may occur. Sufficient funding is available in the APP Fund to support this recommendation. None. 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. During the October 3, 2000 City Council meeting, the City Council authorized the City Manager to enter into an agreement with Peter Urbon to provide 7 foot high obelisks at various locations. The City Council also approved an appropriation increase of $5,000 from the APP for a total of $25,000 for the Fiscal Year 2000/2001. City Staff received a letter dated March 2, 2001 from Peter Urbon proposing a change order to provide highly reflective lettering to each face of each obelisk. Mr. Urbon has made this recommendation based on information received from the 3M Corporation. This alternative lettering would provide a higher reflectivity on the obelisks for better night visibility. The alternatives available to the City Council include: Approve an appropriation of $1000 from the Arts in Public Places Fund (Fund No. 701-000-300-290); and approve Contract Change Order No. 1 to the Fiscal Year 2000/2001 Obelisk Contract in an amount not to exceed $4,378.50 to change the lettering style and material on each obelisk face; or 2. Do not approve an appropriation of $1000 from the Arts in Public Places Fund (Fund No. 701-000-300-290); and do not approve Contract Change Order No. 1 to the Fiscal Year 2000/2001 Obelisk Contract in an amount not to exceed $4,378.50 to change the lettering style and material on each obelisk face; or 3. Provide staff with alternative direction. 130 T:\PWDEPT\COUNCIL\2001\010403b.wpd Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from Peter Urbon 2. Contract Change Order No. 1 191 T:\PWDEPT\COUNCIL\2001 \010403b. wpd 1303 4. w ATTACHMENT 1 -2 IA ,C> 1 C't4 g us A. Y O G�' J f. E- -76-445 C►qL t-E 1 F4w at c-a Los Q u t N r� eta c Zz 5 3 tJoC-)t...pLtW-E to REcoM&,Ok,1`KSrtGtesG- LETTE�1NLs Q�SIGK U5 1� p pt t�tA�ST-M►�aJE �tSEL,tSKs F;;;P, - - E- �a t�t..o w � tit cc V� TPc6o N 3 1. 3 m c o&P ►A Z -cam Q c. a cw y H IAT.s W Fo F-AAe--a #AE l � �-r- c � r T t N Cam- E � f2 (o �_p F--'T-i�-�- L e.� � (� � R mo N!) [ � ►'ram( �jy(��"��R-1 1Rt._ � t/� C'-�Q 6S S� Tl v tl�(. ►�i �! tR�o w �_ -it,� �-�'� a (►��clt�'S (�at�c,� e1hUSE (�.E R�>�-�Tlvtr/ 76 YT-lCrttTSac�tR-c�•Tbtt RESL3c..Tit���r VE�rt2EZ d� (KE.i F6-C-T(Vf—r-p-lE`S5 4)oU1 p 0or/1PR-c-asMlS�Tlt� Z • ( c 0 l ATE H is IP ,a o,,(- lI-mc Nl f 9ZQ c! SLR 06 ( N G- ►r e+!' WtoE S' Vkjp 6E" ZKS b10-rtio&-At> Mk-t-tt-s.fzj,AL Zc=h 1uD ,A Oc:Gbk-nv5; MIkSK lu(-r[+7W,=- P FP RO� Lc A Tc T- nz:�. Cc) avT o tF-t_La w (_. t rwr, SuG4 A5 AUTC5p•I`eL31L4F,4��}pLt�f-fTSB i oGQEAc!-E 7—&E- RE-FL45-c -r-t vc: rr��zrwt t_ f} o vnlc 6�c�k. 7Z;0.sE rwo (`�NIS L2�mU� �E �vEF�Ei� (dot aF-t E-,YGM • Tt+E Ent •t-t cRE Ass'r---�rjL-r Z6� �o�tTa°r�D 3er��uaFJJ �--- (J.) ITt{ ENOUGiE it^.}.►_t_i5!5W FREYVA.AISICSl1 L3 3. S�tsc� ( � C�Ez�-L.l�bc�c_..� �'t'�S�•� lc3TF�E �QELl S tL/ VA" nvk-t_5 WaL-)L.D DEC EO 70 iptA Y ttc' N o TEE BGSEI.. tSk.S . oL�� t t-rE �or2E�4o t N t/\jk1-zcE S `SENSE La ARavc�Ave:riAE cou�<« . St ry C- -tZ. J • U �r�aiv F. O . T�ox F' 7 H- �uti-►u rt a t Rt,F4 7 a Lim.-AotL oc3C-- c.t %k 193 06 4 DC Vot2 e1-* s . R'Yap c1 R Rt=. 4 U E,5 I are-, Su vs to 1 'TT- ( ra r- Fo RC-1=LC,GTtV'� LETT�Gt,s , Q T'Y• D ct-�s c cal Tz::) `T-t (3 tit -T L EX c tN r A- -CE t-s 75 Ud2zs.�N)TE ZEzlffs 75- tTVF-S'n PS 1 zG-� Ur(0L-D Z71 Z.o `?, l$ To- -,q L Mirlm 6ao,oc � �7�•S( If=- YoAVs� Xt-4,/ QL- s—c 1QNs— A rvsw d, er 1'`n mac, l-�c tit t= 4t (' L--L- %Qc�4PLy a P.s. R pr L,F Jlp- ", t-L- r- 7 2 ? U 0 7 �� ui�trcv N V S G y OF Tt� ATTACHMENT 2 Sheet 1 of 1 CONTRACT: FY 2000/2001 Obelisk Contract PROJECT NO.2000-16 CONTRACTOR: Peter J. Urbon P.O. Box 874 Rancho Mirage, Ca. 92270 CONTRACT CHANGE ORDER NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE Change the style and material of the lettering on all (19) nineteen obelisks utilizing Lexon Face plates, 3M Diamond Pattern material, and a negative mask with letter cut-outs,bordered by a molded Urbonite Bezel. Previous Contract Amount Through Change Order No. _0_ $ 17,380.00 Add This Change Order $ 4,378.50 Revised Contract Total $ 219758.50 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. Submitted By: Approved We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: 195 Contractor: Date: U08 T4t�t 4 4a Q" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Consideration of the La Quinta Court Art Feature and Art Purchase Agreement RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the February 6, 2001 City Council meeting, the City Council allocated $65,000 from the Art in Public Places Account for the modified water feature for the La Quinta Court project. Modifications have been proposed by the developer of this project and an additional $20,326 is being requested to accommodate the final design. The additional funding request can be funded by the Art in Public Places Account #701- 000-255-210 which has a balance of $237,793 as of February 28, 2001. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Court project is located on the southeast corner of Washington Street and Highway 111. It is anticipated that the La Quinta Court project will pay approximately $10,000 into the Art in Public Places fund for the project's contribution to the Art in Public Places program. In the original proposal submitted by Mr. Frank, the project included a tiered water feature with a bronze sculpture set within the water feature. The total cost of the proposed art work with Mr. Frank's choice of art piece was $140,000. This cost included the following: Bronze art piece (Outreach II) $75,000 Water Feature $55,000 Architect $10,000 Total $140,000 1910, On January 23, 2001, Mr. Frank submitted an additional water feature schematic for consideration by the City Council, provided as Attachment 1. The modified concept provides eight "art walls" which are 6 feet high. Mr. Frank has indicated to staff that the modified version of the water feature will cost approximately $65,000 to construct. However, according to Mr. Frank, if additional features are added to the structure or to the surfaces, this may result in additional costs. At the February 6, 2001 City Council meeting, the City Council directed staff to work with the developer to better define the details of the water feature and to prepare an Art Purchase Agreement. An allocation of $65,000 was provided for this project from the Art in Public Places fund as provided in the minutes of the February 6, 2001 City Council meeting included as Attachment 2. The Art in Public Places (APP) Ordinance allows for the expenditure of APP funds for "Art Work" defined as "the original creations of art including, but not limited to the following categories: sculpture, murals, mosaics, fountains, and paving designs" as provided in Attachment 3. Staff met with Rod Murphy, representing the developer, Dale Frank, and Dennis Marshall, the artist, to review the project details as discussed by the City Council at the February 6, 2001 City Council meeting. The features that are contained in the approved fountain design include: ■ 114 foot curvilinear fountain ■ two foot high outer wall ■ eight six foot panels, offset throughout the fountain ■ panels constructed of a textured concrete ■ water running over the edge of the panels into the pool of the fountain ■ seating surfaces along the outer wall of the fountain ■ multiple boulders inside the fountain as well as outside ■ lighting of the fountain pool After reviewing the City Council's recommendations for the art feature, Mr. Frank and Mr. Marshall are submitting a variation of the art feature for consideration: ■ 114 foot curvilinear fountain ■ two foot high outer walls ■ eight panels, set at angles throughout the fountain ■ the highest panel being 7'4" and the lowest panel being 4 feet high ■ panels constructed of a gray "raked" vertical lined textured concrete ■ water collecting in a small pool on the top of each panel ■ water running over the edge of the pools and down the surface of the panels into the fountain pool ■ seating surfaces along the outer wall of the fountain ■ multiple boulders inside the fountain as well as outside ■ colored lighting of the fountain pool (lenses to be changed according to the seasons) 197 00" S:\Community Services\CCReports\CC.099.La Quinta Court Art Work.wpd The items provided in bold text represent modifications to the original concept. The water feature portion of the art feature will include water collecting in small pools at the top of each panel. After the water collects in the pool, it will run over the sides of the pool and down the textured walls of the panels. The textured walls will consist of gray concrete with vertical stripes provided for the water to trickle down. The City Council had recommended a spray component to the art feature. After serious consideration, the developer is not proposing a spray component due to the proximity of the windows of the restaurant adjacent to the art feature. It is anticipated that due to the high winds that are experienced at the art feature location, the spray component will create a maintenance issue with the windows located to the southeast of the art feature. A sketch of the art feature is provided as Attachment 4. The artist will present a marquette of the art feature at the April 3, 2001 City Council Meeting. The City Council approved the original concept for the La Quinta Court art feature with a budget of $65,000. However, once the developer and artist evaluated the project and the modifications, the final cost of the project is $85,275. An additional $20,275 is needed from the Art in Public Places account should the City Council approve the final design of the art feature. The Art Purchase Agreement is provided as Attachment 5. If the City Council or City Attorney provides additional comments regarding the art feature, these will be included in the Art Purchase Agreement as well. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the La Quinta Court Art Feature; authorize an additional $20,275 from the Art in Public Places account, and authorize the City Manager to execute the Art Purchase Agreement with any changes that may be required by the City Attorney; or 2. Approve the La Quinta Court Art Feature without additional funding and authorize the City Manager to execute the Art Purchase Agreement with any changes that may be required by the City Attorney; or 3. Do not approve the La Quinta Court Art Feature; or 4. Provide staff with alternative direction. 198 S:\Community Services\CCReports\CC.099.La Quinta Court Art Work.wpd IIf submitted, munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Modified Concept for a Water Feature for the La Quinta Court Project 2. Minutes of City Council Meeting, February 6, 2001 3. Art in Public Places Ordinance Section 2.65.030 (D) 4. Artist Concept of Proposed La Quinta Court Art Feature 5. Art Purchase Agreement 199 fF �$1 S:\Community Services\CCReports\CC.099.La Quinta Court Art Work.wpd - - i N00 - � 3 -- m ATTACHMENT 2 City Council Minutes 21 BUSINESS SESSION .......... continued 5. CONSIDERATION OF LA QUINTA COURT ART FEATURE. February 6, 2001 Community Services Director Horvitz presented the staff report. Council Member Sniff understood there has been a consideration to allow more funding for this art piece because of its location and suggested an amount not to exceed $150,000. He supported moving forward and authorizing an RFP for an art feature/water feature and landscaping. Council Member Henderson was concerned about delaying the project and suggested approving alternative #3 which authorizes funds for a modified water feature and art piece pad and authorizes staff to prepare an Art Purchase Agreement. In response to Mayor Pena, Ms. Horvitz stated to her knowledge the art feature will have no impact on construction of the road work. In response to Council Member Adolph, Ms. Horvitz stated the developer has not provided a location for a future sculpture/art feature but noted it can be added if Council wishes. Council Member Perkins stated he felt the water feature is more important than an art sculpture and was having a difficult time visualizing it from the rendering provided in the staff report. He wished to see a better rendering of the proposed fountain and suggested the fountain include colored lighting that changes. Ms. Horvitz noted there are eight walls of varying heights up to six feet high in front of the restaurant and cascading water can be on both sides of any number of the walls. In response to Council Member Henderson, Ms. Horvitz confirmed the fountain is a concept at this point and specifics such as materials can be determined at a later date. Council Member Adolph stated he felt the building behind the water fountain will help complete the look the Council is looking for. Council Member Sniff wished to see the water rippling down the walls as opposed to dropping off the sides. He felt it should also have water spraying up a few feet and colored lighting. 201 00 7 :C City Council Minutes 22 February 6, 2001 City Manager Genovese stated if the overall layout is acceptable to Council, staff can work with the developer on the details of the monolith/wall features. Staff will also contact the developer regarding lighting facing the structures and the possibility of a water spray feature in front of some of the walls. MOTION - It was moved by Council Members Henderson/Perkins to authorize the expenditure of Art in Public Places funds in the amount of $65,000 for the modified water feature and art piece pad and authorize staff to prepare an Art Purchase Agreement. Motion carried unanimously. MINUTE ORDER NO. 2001-17. Council concurred to take up Item No. 7 at this time. 7. CONSIDERATION OF "GAMBY" DISTRIBUTION PLAN. Management Analyst Wilson presented the staff report. In response to Council Member Henderson, Mr. Wilson stated the total cost for 2,500 Gambys is $13,225 plus shipping and tax, resulting in an individual cost of approximately $5.25. Council Member Henderson stated she wished to recoup enough of the initial costs to cover an additional order. In response to Council Member Sniff, Mr. Wilson advised the glass case in the hallway can be utilized to display Gambys for sale Mayor Pena felt they could also be sold through the Chamber of Commerce, restaurants, and businesses throughout the City. Council Member Perkins suggested a selling price of $7.50. Council Member Adolph voiced concern about children pulling the stuffed Gamby apart and choking on the pieces. MOTION - It was moved by Council Members Henderson/Sniff to approve the sale of Gamby at a price sufficient to recoup costs with or without gift packaging (i.e. approximately $7.00-8.00). Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO. 2001-18. 202 008 ATTACHMENT 3 D. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. (Ord. 173 section 1 (part), 1990) 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this chapter: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because: 1. Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and 2. Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee shall be imposed; (Ord. 173 Section 1(part), 1990) 2.65.030 Definitions. As used in this Chapter: A. "Arts Application' means the application to be submitted by a Project Applicant pursuant to Section 2.65.070- B. "Art in Public Places Fund" means the fund established by Section 2.65.110 C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and Ordinance XXX -2- 203 0 0 stone, as well as other suitable materials. E. "Commission" means the Cultural Arts Commission as appointed in Section 2.75.030 of this Chapter and Municipal Code. F. "Fee" or "Fees" means the fees imposed by this Chapter. G. "Project" means all construction or rehabilitation in the City covered.by a single building pernut. H. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. 2.65.040 Deleted 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in Subsection (A) of this section or shall comply with the provisions of subsection (B) of this section. Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) of this section. A Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by Subsection (A) of this section the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A) of this section. The Project Applicant shall receive credit for the fee required by subsection (A)of this section only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) of this section that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. (Ord. 173 section 1 (part) 1990). 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Subsection (B) of this Section; ordinance XXX. -3- 204 �' 1IAR-28-2001 WED 03:37 PM Gi 14"URPHY fiCfdS7RDCi]QN J1 0 ATTACHMENT 4 G. I Murphy Construction P. 0. Box 1124 Palm Desert, CA 92261 March 28, 2001 La Quinta City 78495 Calle Tampico La Quinta, CA 92253 Fax: 760.777.1231: (3) Pages. Attn: Dodie Horvitz Project: La Quinta Court Re: Art In Public Places Dear Mrs. Horvitz: Phone; (760) 340-9423 Fax: (760) 568-4429 Project #: Job #: 200404 Per your request, please find attached two sketches depicting the proposed Art in Public Places water feature to be located on the S.E. corner of Highway 111 & Washington. Cost of construction for this water feature and surrounding hardseape is $95,275.00. I am available to answer any questions that you may have concerning this matter Project Manager CC; D. FrBnk Encl. (2) Sketch Pages 205 MAR-28-2001 WED 03, 37 PDl GJ IIFPPH'i ",ONSTRUC'T'.ON T7%'08r;8442'q P, O� 2/0. ji',O.lb. La Quint& Deveiopm La Qu(nta, It 206 e1 tiAR- P,-2001 WED 03;36 PIv: Gi Ili?.PH Y C,GN TRUCI:0N 17601634429 P, 0D3/`CC3 co 0 207 c, 13 ATTACHMENT 5 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of , 2001, by and between THE CITY OF LA QUINTA, a California municipal corporation (the "City"), and DALE FRANK DBA LA QUINTA COURT (Developer) and DENNIS MARSHALL (Artist). RECITALS A. The Developer is currently constructing a retail center on the southeast corner of Washington Street and Highway 111. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the Developer is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Developer at the SITE LOCATION which is the terminus of the southeast corner of Washington Street and Highway 111 (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Developer and/or Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Developer's and/or Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable time s during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd 2 0 Page 1 of 19 Art Purchase Agreement The Developer shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Developer and Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Developer and/or Artist shall promptly notify the respective departments or official bodies when its work is ready for inspection and shall, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Developer and/or Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement. Developer and Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change therefrom is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City, Developer and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Developer and/or Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location which is designated in Exhibit A and B, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. 209 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 2 of 19 C' 1 J 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City, Developer and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The Developer shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City, Developer and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the Developer and City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the Developer and the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the Developer and the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide Developer with reasonably specific written objections to the installed Artwork or notify the Developer of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The Artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed $85,275 (eighty five thousand, two hundred seventy five dollars). S:\Community Services\Art 1n Public Places Agreemen s\Art Purchase Agreement, La Quinta Court.wpd Page 3 of 18 0I6 Art Purchase Agreement ARTICLE II. TIME OF PERFORMANCE 2.1 Time. Developer and Artist does agree to punctually and diligently perform all their obligations under this Agreement. It is further understood and agreed that should the Developer and/or Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Developer and/or Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's and Developer's consent, or fails to make prompt payment to his materialmen and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City and Developer may, at its option, after giving twenty-four (24) hours written notice to Artist and Developer, provide any such labor and materials as may be necessary and deduct the cost thereof from any money then due or thereafter to become due to Artist under this Agreement; or the City and Developer and may at its option, terminate the Artist's right to proceed with the work and, in that event, the City shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefor. In the case of such discontinuance of Artist's right to proceed with the work, Artist shall not be entitled to receive any further payment under this Agreement until the work undertaken by the City and/or the Developer is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by the City and/or the Developer in finishing Artist's work, such excess shall be paid by the City and/or the Developer to the Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to the City and/or Developer the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City and/or Developer as herein provided, either for furnishing materials or for finishing the work, and any damages incurred by the City and/or the Developer by reason of Artist's default, shall be chargeable to, and paid by Artist, and the City shall have a lien upon all materials, tools, and appliances, taken possession of, as aforesaid, to secure the payment thereof. If the City and/or the Developer elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City and/or Developer for losses or damages resulting from the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City and/or Developer, after three (3) days' written notice?01 Artist, may without prejudice to any other remedy it may have, make good such deficiencies and C' t( S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 4 of 19 Art Purchase Agreement may deduct the cost thereof from the payment then or thereafter due Artist; provided, however, that the City and/or Developer shall approve such action and certify the amount thereof to be charged to Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the resul t of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City and Developer, the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City and Developer in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City and Developer hereunder. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City and/or Developer shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City or Developer, and at no cost to the City or Developer, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sea., and all other rights in and to the Artwork except ownership��}d� tt M S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 5 of 19 C, 1 Art Purchase Agreement possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City and Developer and at such time as Final Acceptance by the City at which time the City alone may approve. The Artist grants to the City, Developer and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City and Developer shall contain a credit to the Artist and denote its location, provided that the Artwork is protected by United States copyright law and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the Site, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City Developer and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. 213 SXommunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 6 of 19 0.119 Art Purchase Agreement b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with Section 987 of the California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist and Developer shall notify the City of changes in their address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City or the Developer. The Artist shall not: a. be supervised by any employee or official of the City or Developer; b. exercise supervision over any employee or official of the City or the Developer; C. have authority to contract for or bind the City or Developer in any manner; or represent itself as an agent of the City or Developer; or otherwise be authorized to act for or on behalf of the City or Developer; d. have status as the City's or Developer's employees or have any right to any benefits that the City or Developer grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER 214 C)20 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 7 of 19 Art Purchase Agreement No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City or Developer under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City and Developer may, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, when such failure or breach continues uncured for fifteen (15) days following notice thereof from the City or Developer to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City and Developer ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon Artist's written request, the Developer shall remove Artist's name from the Artwork. Upon a Termination for Default and subject to Article 2.1, the Artist shall be entitled only to that portion of the total compensation due Artist that is then payabl e pursuant to the Schedule of Compensation (Exhibit C); upon a Discretionary Termination, Artist shall be entitled to the full Artist Fees provided for in Exhibit C hereto and that portion of the costs and expenses of Design, Fabrication and Installation of Artwork provided for in Exhibit C hereto that is then payable pursuant to the Schedule of Compensation (Exhibit C), plus all other costs reasonably incurred by Artist following the last payment pursuant to the Schedule of Compensation (Exhibit C), prior to the date of the Discretionary Termination, provided that Artist shall be required to provide the Developer with reasonable substantiation for such costs. Notwithstanding anything else herein contained, Artist shall not be relieved of liability to the Developer and/or City for damages sustained by the Developer and/or City by virtue of any breach of this Agreement by the Artist, and the Developer may reasonably withhold payments to the Artist until such time as the exact amount of such damages is determined. In the event of a termination, Developer is not released of the responsibility for providing the completion of the Artwork for the Site and shall either have this Artwork completed or shall provide a replacement Artwork approved by the City. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. 0 1 J 41 0S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court_wpd Page 8 of 19 4— -� Art Purchase Agreement ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated, the Developer, Artist and the City shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT This Agreement, consisting of 19 pages and four exhibits, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth hereinabove. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of th e City. ARTICLE XIV. WAIVER No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out 1 of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shal be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees, incurred by the prevailing party in connection with the legal action or proceeding. C' S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 9 of 19 ARTICLE XVIL NOTICES All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, returned receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b. if to the Developer, to: Dale Frank c/o G.J. Murphy construction P.O. Box 1124 Palm Desert, CA 92261 760-340-9423 C. if to the Artist, to: Dennis Marshall 80-975 Indio Blvd. C-1 Indio, CA 92201 760-775-5310 ARTICLE XVIH. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Developer and Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Developer's and Artist's (including its subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Developer's and Artist's obligations under this Agreement. 217 SACommunity Scr ices\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court..wpd Page l0 of 18 Art Purchase Agreement With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Developer and Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or wilful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Developer shall ensure that the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Developer and Artist shall not proceed with any work nor receive payment under this Agreement until, among other things, the City has received the appropriate insurance certificates. Developer and/or Artist, prior to completion, shall maintain or cause to be maintained standard all-risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insureds as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Developer and Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Developer's and Artist's responsibility to see that the City receives documentation acceptable to the City which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to CI 218 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 11 of 19 Art Purchase Agreement receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Developer and/or Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies the City may have, and is not, the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and Artist may be held responsible for payments of damages to persons or property resulting from Developer's and Artist's, or its respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Developer nor Artist shall offer any substitute in said proposal or if a substitute so offered by Developer or Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Developer or Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of tllq 1 covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 12 of 19 Art Purchase Agreement year first written above. ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHERINE JENSON, City Attorney City of La Quinta, California CITY: CITY OF LA QUINTA, a California municipal corporation THOMAS P. GENOVESE, City Manager City of La Quinta, California ARTIST: DENNIS MARSHALL DEVELOPER: DALE FRANK By: Its: 20 SACommunity Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 13 of 19 0 2 6 Art Purchase Agreement EXHIBIT A SCOPE OF DESIGN BUILD SERVICES SCOPE OF WORK 1. Developer and/or Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Developer and/or Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Developer and/or Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Developer and/or Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged equally to the Developer and Artist. 4. Developer and Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. Il. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City and Developer prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work M which is damaged as a result of the performance of the work under this Agreement. 02l S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court.wpd Page 14 of 19 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Developer shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION The Artwork consists of: 114 foot curvilinear fountain with 24 inch high outer walls Eight panels of textured "raked" concrete Panels and fountain walls to be of gray tones Panels will vary in size from 7'4" to 4' in height Panels to be set at various angles Water to collect in a top pool of each panel and then flow down the textured panels Seating surfaces along the outer wall Multiple boulders to be found throughout the fountain pool Lighting to be incorporated into the fountain, to shine on the panels Lights to incorporate colored lenses that may be changed throughout the year C'�'8 SACoaununity ServiceslArt In Public Places AgreemerdsWrt Purchase Agreemart, La Quinta Court.wpd Page 15 of 18 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately three months to complete the fabrication of the Artwork. Work will commence during the month of April, 2001 and completed, installed and functioning by July, 2001. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary. The project may be reviewed by the City Council as deemed appropriate. 223 S:\Community Scr ices\Art In Public Places Agreemarts\Art Purchase Agreement, La Quinta Couht.wpd Page 16 of 18 PRICE: Basic Contract: Total Not to Exceed EXHIBIT C SCHEDULE OF COMPENSATION SCHEDULE OF PAYMENTS: First payment due upon approval of project (25%) Second payment due upon installation of fountain walls (25%) Third payment due upon completion of art panels (25%) Final payment due upon filing Notice of Completion (25%) $85,275 $85,275 $21,331.50 $219331.50 $21,331.50 $21,331.50 224 C3i) S:\Community Services\Art In Public Places Agr a mts\Art Purchase Agreement, La Quinta Court.wpd Page 17 of 18 Art Purchase Agreement EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: La Quinta Court Art Feature WHEREAS, by that certain Art Purchase Agreement dated 2001 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with DALE FRANK DBA LA QUINTA COURT (Developer) and DENNIS MARSHALL (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Developer and Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 2001. CITY OF LA QUINTA, a California municipal corporation by: 1wa.. CI 3 S:\Community Services\Art In Public Places Agreements\Art Purchase Agreement, La Quinta Court. wpd Page 18 of 19 T4ttt 4 4 Q" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Consideration of a Resolution Establishing a Sales Price for "Gamby" Marketing Item AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1.) Adopt a Resolution of the City Council establishing a sales price for "Gamby" marketing item. 2.) Provide direction to staff regarding sale location(s) and Gamby distribution to City Council. None. The City Charter and its principles of home rule allow the City sufficient flexibility to undertake this project. The Charter allows the City "to utilize revenues from the General Fund to encourage, support and promote economic development." Sales Price: On November 21, 2000, the City Council approved a plan to purchase 2,500 "Gamby" stuffed animals to use as a marketing tool and to encourage recycling. The Council also authorized the sale of 2,000 of those Gambys, with the balance to be used for marketing and community events. At that meeting, and based upon information available at the time, staff estimated the per unit cost for Gamby at approximately $5.25. Although no specific action was taken by the Council on setting a price for Gamby at that time, as the attached minutes reflect, one Council Member suggested a price of $7.50 (Attachment 1). Based on the final billing from Gamby's producer, the final per unit cost of Gamby (with an estimated shipping charge of $300) will be $5.81 . Staff is recommending that the sales price of $7.50 be formally established, 22G or an alternative price as established by the Council. A resolution reflecting the establishment of a sales price for Gamby is attached utilizing the $7.50 price. Sale Locations: During the course of this project, discussions by the City Council indicated some possible locations from which to sell Gamby. Those include City Hall, the Chamber, Mainstreet-Marketplace, and other unidentified locations (e.g. Community Picnic). Gamby could be sold directly from City Hall similar to other items (e.g. earthquake kits, bus passes). Alternatively, Valerie Smith, Executive Director of the La Quinta Chamber of Commerce, advised that the Chamber would be willing to sell Gamby from the Chamber's booth at Mainstreet Marketplace. The last Mainstreet of the season will be Friday, April 6, 2001; the next Mainstreet will be in October. Ms. Smith also indicated her willingness to sell Gamby from the Chamber's offices but advised that the Chamber Board would need to approve of such action. Staff is seeking direction from the Council on locations from which to sell Gamby. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council establishing a sales price for "Gamby" marketing item (and establish sale locations); or 2. Do not adopt a Resolution of the City Council establishing a sales price for "Gamby" marketing item (and establish sale locations); or 3. Provide staff with alternative direction. Re ectfully su mit d, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission b z Thomas P. Genovese, City Manager Attachment: 1. Minutes from February 6, 2001 City Council Meeting GAMyData\WPDocs\CITY COUNCIL\CCSTPPGAMBYSALEPRICE 04-03-01.wpd 227 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A SALES PRICE FOR "GAMBY" MARKETING ITEM WHEREAS, the City Council has purchased 2,500 Gamby stuffed animals to use as a marketing tool and to encourage recycling; and, WHEREAS, the City Council has elected to sell 2,000 of the Gambys to recover production costs; and, WHEREAS, the City Council has elected to reserve 500 Gambys to be distributed for economic development/promotional purposes; and, WHEREAS, it is in the best interest of the City to establish a sales price for the Gambys to facilitate their sale and to direct the City Manager, or his designee, to provide for their sale and distribution for economic/promotional purposes. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: The City of La Quinta hereby establishes the sales price of Gamby at $7.50. 2. The City Manager, or his designee, is hereby directed to control sales of Gamby and distribution for economic/promotional purposes. PASSED, APPROVED and ADOPTED this 3'd day of April 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 223 Resolution 2001- April 3, 2001 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 G:\MyData\WPDocs\RESOLUTIONS\GAMBYSALESPRICE 04-03-01.wpd ATTACHMENT 1 City Council Minutes 22 February 6, 2001 YLJUL lb C1lL;L;UPLd1J1e TO staff can work with the developer on the details of the moTo U noli eatures. Staff will also contact the developer regarding lightin the sLao'tructures and the possibility of a water spray feature in f some of the walls. MOTION - It was move uncil Members Henderson/Perkins to authorize :the expenditures in Public Places funds in the amount of $65,000 for the od' er feature and art piece pad and authorize staff to prepare an Art 2001-17. Council concurred to take up Item No. 7 at this time. ====w* 7. CONSIDERATION OF "GAMBY" DISTRIBUTION PLAN. Management Analyst Wilson presented the staff report. In response to Council Member Henderson, Mr. Wilson stated the total cost for 2,500 Gambys is $13,225 plus shipping and tax, resulting in an individual cost of approximately $5.25. Council Member Henderson stated she wished to recoup enough of the initial costs to cover an additional order. In response to Council Member Sniff, Mr. Wilson advised the glass case in the hallway can be utilized to display Gambys for sale Mayor Pena felt they could also be sold through the Chamber of Commerce, restaurants, and businesses throughout the City. Council Member Perkins suggested a selling price of $7.50. Council Member Adolph voiced concern about children pulling the stuffed Gamby apart and choking on the pieces. MOTION - It was moved by Council Members Henderson/Sniff to approve the sale of Gamby at a price sufficient to recoup costs with or without gift packaging (i.e. approximately $7.00-8.00). Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO. 2001-18. 230 T4t!t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 3, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of New Design PUBLIC HEARING: for City Vehicles RECOMMENDATION: Approve a new design for City vehicles; approve a budget of up to $17,700 for incorporation into the FY 2001-2002 Budget; and direct staff to negotiate with an expert company(ies) to complete all necessary work. FISCAL IMPLICATIONS: The fiscal implications of this design project will depend on the scope of the project as determined by the City Council. Depending on the design selected and the number of vehicles affected, the price of the work may be as low as $700 (one vehicle per year) or up to $16,100 (all eligible vehicles in the City's fleet). The proposed project budget of $17,700 includes a 10% contingency. The Council may wish to allocate funds this fiscal year from the General Fund Reserve (Account #101-000-300-290) or allocate funds in next fiscal year's budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 6, 2001 City Council meeting, under "Mayor and Council Members' Items," the Council discussed an item pertaining to aesthetic modifications to City fleet vehicles. The Council directed staff to explore the idea further and come back with more information. Staff began by working with Kiner Goodsell, the City's marketing firm, on the production of two basic designs: a simple stripe design and a picture design (that incorporates the sun and mountains). The designs that have been submitted by Kiner Goodsell to date are included as Attachment 1 . Design A is 231 the original stripe design submitted, with Designs B and C representing modifications; and Design D is the original picture design submitted, with Design E representing a modified version. Staff proceeded to solicit cost information from various companies specializing in the type of work needed for this project (i.e., auto painting and production of decals'). There are several methods that can be utilized in the production and application of designs: 1) Painting — One option is to paint the vehicles, applying one of the simple stripe designs (Designs A, B or C). The cost is estimated at $600 per vehicle regardless of size and number of vehicles. The two methods below involve the production of decals and apply to all designs (Designs A - E): 2) Silk Screening — This option involves a stencil method of printing, working with one color at a time. Silk screening may produce more vibrant colors and may be more durable; however, it may also be more expensive and time-consuming. 3) Digital Printing — This option involves printing a digital image directly onto paper, fabric or other such material. While digital printing may involve less work and less money, its color and durability would need to be examined. Staff was able to obtain rough cost information by contacting several companies and providing them broad project parameters. Staff informed the companies that five designs were under consideration and that the number of vehicles involved was undetermined but could be up to 20. Upon closer review of the City's vehicle inventory list, staff has determined that 23 vehicles are eligible for the design, including: nine small trucks, eight full-size trucks, one emergency services vehicle, one water truck, one street sweeper, and three pool vehicles. Generally, the simpler the design, the less expensive the work. Similarly, the higher the number of vehicles involved, the less cost per vehicle. An analysis of the cost information submitted shows that the production of decals range from roughly $300 for a stripe design on nine small trucks to roughly $600 for a picture design on one full-size truck. An additional $200 per vehicle would need to be added for the installation of the decals given that most of the companies contacted did not provide installation services. ' A decal is a vinyl material onto which printing and design work can be applied. The City seal on the door of the City vehicles is an example of a decal. 23'_' r11n Considering this cost information and other factors (such as method, design, quantity and size), staff recommends setting aside up to $700 per vehicle. Accordingly, a budget of $17,700 (which includes a 10% contingency) is recommended if the Council wishes to apply the design to the entire City fleet. The item is before the City Council for consideration. Staff is seeking the Council's direction on a new design for City vehicles, and general direction in relation to the implementation of this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a new design for City vehicles; approve a budget of up to $17,700 for incorporation into the FY 2001-2002 Budget; and direct staff to negotiate with an expert company(ies) to complete all necessary work; or 2. Approve a new design for City vehicles; approve a budget allocation of up to $17,700 from the General Fund Reserve (Account #101-000-300- 290); and direct staff to negotiate with an expert company(ies) to complete all necessary work beginning this fiscal year; or 3. Do not approve the design project at this time; or 4. Provide staff with alternative direction. Respectfully submitted, Ma ' Casillas, M gement Analyst Approved for submission by: /G�%fiy�c-c✓J as P. Genovese, City Manager Attachment: 1 . Designs for City Vehicles 0 0 0 E at 6 '4 ATTACHMENT 1 T41��A MAPS 234 005 l7 m 23 006 q M luv a 0.98 237 w ICI 233 U9 T4'y,i 4 lPQ" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Consideration to Enter Into a Reimbursement Agreement with Dale Frank & Associates, Inc. for Development Impact Fee Eligible Reimbursement and Additional City Assistance for Off -Site Improvements to Washington Street Associated with the Development of La Quinta Court AGENDA CATEGORY: BUSINESS SESSION: 6- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to enter into a Reimbursement Agreement (Attachment 1) with Dale Frank & Associates, Inc., contingent upon approval of the Reimbursement Agreement wording by the City Attorney, to reimburse Development Impact Fee (DIF) eligible off -site improvements associated with the La Quinta Court development in an amount not to exceed $146,000 and additional negotiated City assistance in an amount not to exceed $240,000 for approved infrastructure improvements that are outside of the scope of the DIF reimbursable improvements. FISCAL IMPLICATIONS: The DIF eligible reimbursement in an amount not to exceed $146,000 will be funded by Transportation DIF Fund, Account No. 250-000-300-290. The additional negotiated developer assistance commitment of $240,000 will be funded from General Fund Reserves, Economic Development Account No. 101-000-300-290. Funding is available in both accounts. L«]:I_ : • None. La Quinta Court is a mixed use commercial development currently under construction on the southeast corner of Highway 111 and Washington Street. Off -site improvements conditioned upon the developer include the widening of Washington Street. All widening occurs on the east side because there is no opportunity for widening on the west side. Washington Street will be improved from four lanes to six lanes plus a dedicated right turn on the northbound side. The estimated cost of off - site improvements is $931,000. 233 T:\PWDEPT\C0UNC1Lk2001 \01 0403g.wpd Improvements that are eligible for reimbursement from the DIF fund are identified in the DIF as regional improvements consisting of the median and regional lanes directly adjacent to the project site on Washington Street. Included with this report as Attachment 2 is a plan of the proposed improvements (not to scale). The small diagonal dash marks indicate the area that is reimbursable from the DIF in an amount not to exceed $146,000. The area that is indicated by full cross hatching are the other infrastructure improvements that are eligible for reimbursement from the General Fund Economic Development Account in an amount not to exceed $240,000. To implement the proposed reimbursement to the developer, staff is currently working with the City Attorney's office and representatives of Dale Frank & Associates, Inc. to prepare a Reimbursement Agreement. The alternatives available to the City Council include: 1 . Authorize the City Manager to enter into a Reimbursement Agreement with Dale Frank & Associates, Inc., contingent upon approval of the Reimbursement Agreement wording by the City Attorney, to reimburse Development Impact Fee (DIF) eligible off -site improvements associated with the La Quinta Court development in an amount not to exceed $146,000 and additional negotiated City assistance in an amount not to exceed $240,000 for approved infrastructure improvements that are outside of the scope of the DIF reimbursable improvements; or 2. Do not authorize the City Manager to enter into a Reimbursement Agreement with Dale Frank & Associates, Inc., contingent upon approval of the Reimbursement Agreement wording by the City Attorney, to reimburse Development Impact Fee (DIF) eligible off -site improvements associated with the La Quinta Court development in an amount not to exceed $146,000 and additional negotiated City assistance in an amount not to exceed $240,000 for approved infrastructure improvements that are outside of the scope of the DIF reimbursable improvements; or 3. Provide staff with alternative direction. Respectfully submitted, _ZZ�_ .01 Chris A. Vogt Public Works Director/City Engineer 240 TAPW DEPT\COUNCIL\2001 \010403g. wpd I�U0 Approved for submission by: lG f' Thomas P. Genovese, City Manager Attachments: 1 . Reimbursement Agreement 2. Improvement Cost Allocation Drawing 241 T:\PWDEPT\COUNC1L\2001 \010403g. wpd Mar-29-01 10:03am From-RUTAN & TUCKER 714-546-9035 7-221 P-02/07 F-569 ATTACHMENT 1 CITY OF LA QUINTA REIMBURSEMENT AGREEMENT THIS REIM13URSEMFNT AGREEMENT (the -Agreement") is made and entered into This _ day of 2000, by and between Dale Frank and Associates, Inc. ("Frank") and the City of La Quinta, California, a California Municipal Corporation (the "City"). RECITALS A. WHEREAS, Frank is the developer of property in the City known as La Quinta Court ("Plan") which is located on the southeast corner of Highway 1 I I and Washington Street; B- WHEREAS, Conditions of Approval for the Plan obligate Frank to improve various portions of both Washington Street and Highway III lying adjacent To the Plan ("Required improvements"); C. WHEREAS, the Required Improvements include the widening of Washington Street; D. WHEREAS, a portion of the costs for the Required Improvements may be reimbursed by the City's Developer Impact Fund ("DIF"), in an amount not to exceed $146,000, and E. WKFREAS, a separate portion of the costs for the Required Improvements may be reimbursed by the City's General Fund Economic Development Account Fund, in an amount not to exceed $240,000; NOW, THERI=FORFi it is agreed by and between the parties hereto as follows: 1- Responsibilities of Frank. Frank shall construct the Required improvements set forth in The Conditions of Approval for the Plan as farther illustrated in Exhibit A and bear the cost thereof. On or about the l M day of each month in which costs are incurred, Frank shall submiT invoices and supporting documentation for those costs. 2. Responsibilities of City. Within ten (10) working days following receipt of Frank's invoices and documentation, the City ingineer shall either approve or disapprove the invoices or portions thereof and submit the approved invoices for payment through The City's Demand Register. The City Engineer shall provide to Frank a wniten explanation for any portion of an invoice that is disapproved- 3- Cost of The Required Improvements. The allowable total cost for completion of the Required Improvements is shown on Exhibit A. Frank shall not exceed the total cost. 4. Amount of Reimbursement. Reimbursement shall be for actual costs incurred by Frank for items eligible for reimbursement and for any additional items required in the course of construction of the Required Improvements and agreed to by the parties hereto, subject io the 14324i561(�02 ,72672 W �032v10, 2402 03-29-01 10:05 RECEIVED FROM:714 546 9035 P.02 �10 star-29-01 10:09am From-RUTAN & TUCKER 714-546-9035 T-221 P 03/07 F-569 provisions of Paragraph 3. Reimbursement for DIF reimbursable costs shall not exceed $146,000. Reimbursement for other improvement costs as shown on Exhibit A shall not exceed $240,000. 5. W rran y_ For a period of one year following completion of the Required Improvements and their acceptance by due City, Frank agrees to provide any necessary warranty repair or replacement of faulty work or materials solely at his cost and not subject to reimbursement by the City. 6_ Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations incurred herein so long as the injuring parry commences to cure such injuring action within ten (ten) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be agreed upon by both parties to this Agreement. 7. Attorneys Fees. If either party Commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party- S. Indemnification. Frank 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 arty way connected with the performance of Frank, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees 9. City Officers and 1mployees. No officer or employee of City shall be personally liable to Frank or any successor in interest in the event of any default or breach by City or for any amount which may become due To Frank or to its successor or for breach of any obligation of the terms of This Agreement. 10. Term of Agreement. This Agreement shall remain in full force and effect for two years following the date it has been executed by both parties_ I L Notice. Any notice, demand, request, consent, approval, or communication either parry desires or is required to give to the other parry or any person shall be in writing and elthcr served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. 1032f01361010002 172672 01 Y03r29A)i To City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Atin• City l ngineer To Frank: Dale Frank -2- 243 006 03-29-01 19:06 RECEIVED FROM:714 546 9035 P.03 U1ar-29-01 10:Ham From-RUTAN & TUCKER 714-546-9035 T-221 P.04/07 F-569 12. AssignMent of Agreement. Neither parry may assign its obligations hereunder to any assignee without the knowledge and consent of the other parry hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to catty out the assignor's obligations. 13. Gene Erovisions_ A. Except as otherwise provided herein, 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. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California D. Any failure or delay by either party in asserting any of its rights amd remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. F. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 14. 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 15. AuThoriry of Signatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authonzed to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. I Q2JD [ 50111.1a1Q2 172672 01 aU3lZvlol -3- 244 03-29-01 10:06 RECEIVED FROM:714 546 9035 P.04 Mar-29-01 10:10am From-RU70 & TUCKER 714-546-9035 7-221 P.05/07 F-569 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Approved as to Form: Ciry Attorney Date Ciry- City of I.a Quinta 78-495 Calle Tampico La Quinta, CA 92253 Tom Genovese, City Manager Date ATTEST: City Clerk Frank: Dale Frank M. Title: By. Title: 103=15010.0002 172472 )1 a03P9i01 Date Date -4- 03-29-01 10:07 RECEIVED FROM:714 546 9035 (010$ P•05 Mar-29-01 10:10am From-RUTAN E TUCKER 714-546-9035 T-221 P 06/07 F-569 1 1032Nw Se 1 u.oW2 f 73o72.U1 ao3/39i01 Exhibit A 24u 03-29-01 10:07 RECEIVE➢ FROM:714 546 9035 14ar-29-01 10:10am From-RUTAN & TUCKER 714-546-9035 T-221 P 07/07 F-569 r z _ w III III W 7� o a. Z: rrr I f I1ITTIT •g�1 r r i �iFt � .�i W .tit IG�~ ¢}Fah IIII I I F Q c' 2 II IIIlI I� ru� I I ! !III I G ULi z j I I z I G r Ma I! (IIII w i W z¢ I I IIII ! � I• --I I `, 4 p � •, Li LQ I I i l l l l l > 1 G j z y C7 Il IIIlI cWI IG r^ II Illll r- z fy I G i— IM r II HillA I Q w II IIII1 ) : l i i l l l l ¢ z ~ I F ¢ z w La1 1 z z O I I I I a > ij I[ a ¢ co 11 ! I ¢ [Lr It, a o 0 tt Q o cu i v ar .i I I ti I I a 1 •PI� -\tit FK (nLa I I, �r LW Q la -I ly I1 II Lo Z1a' L 1 1 I I I V r,• �� , Q 13 ��. l l� I I s• I i; _ w W {{ 4I pqW p w h� 1 1 � I l `��: ►� ,� z iI II ,■, „ „ 03-29-01 10:07 RECEIVED FROM:714 546 9035 P•07 jA. c&t,, 4 4 Qum& COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Discussion of Draft 5-Year Capital Improvement Program for Fiscal Years 2001 /2002 through 2005/2006 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Make appropriate revisions to the draft Fiscal Year 2001 /2002 through 2005/2006 Capital Improvement Program (CIP) and direct staff to make necessary revisions. The revised draft CIP will be submitted to City Council for consideration and approval at the May 1, 2001 City Council meeting. This is an informational report only. Once the CIP is adopted, the Fiscal Year 2001 /2002 projects will be incorporated into the annual budget. The CIP was developed in a conservative manner. Projections were assumed using conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and funding the City has available at this time with conservative projections of Development Impact Fees (DIF) (300 units per year) anticipated to be collected. None at this time. A copy of the draft CIP is presented to City Council for review. The document is a statement of the City's goals, objectives, and priorities for a 5-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works Department, Finance Department, Building and Safety Department, Community Services Department, and the Community Development Department. or— TAMDEPT\COUNCIL\2001 \010403e.wDd The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an advanced financial plan. The CIP is a 5-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public. As each annual budget is prepared, additional projects and priority needs are developed and added to the program to maintain a total 5-year plan. The first year of the CIP is called the capital budget and is based on existing fund balances and revenues. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive ultimate expenditure authority until they are eventually incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the overall 5-year program is desirable for the effective implementation of overall City goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long-term, annual basis. In this sense they are differentiated from maintenance and operation (M&O) expenditures for normal City operation. They generally include design, inspection, testing, project administration, land and/or right- of-way acquisition, construction or modification of buildings or facilities and public infrastructure construction or modification. The attached Fiscal Year 2001 /2002 CIP includes a listing of projects by fiscal year priority and type of improvement project. Priorities as to which fiscal year a project is scheduled depend on the availability of specific funding sources, operation and program needs and prior City Council policy. Projects include street, drainage, traffic signal, landscape and lighting, city facility and park improvements. Only those projects that have identified funding sources in the 5-year period are listed within a fiscal year. Those projects that are designated as "additional" or "Unassigned DIF" do not have identified funding sources through the term of the five-year program or have a long term collection period to develop the specified project. The identification of additional and/or alternative funding sources will be addressed during the annual review and approval of subsequent CIP's. Each project is described in brief detail including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project and an estimate of the annual operation and maintenance costs associated with the capital improvement. 243 T:\PWDEPT\C0UNC1L\2001 \010403e. W pd GU2 The completion of any specific capital improvement project may have a direct impact on the operational and maintenance budgets of the General Fund and other funds. An estimate of these future costs is necessary to assess that there is financial capacity of the operating budget to cover these ongoing costs. All project costs included in the CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Year 2002/2003 through 2005/2006. The 2000/2001 CIP identified $9,673,745 in capital improvement projects. All 2000/2001 projects are either completed, currently in the design or construction stage, or have contracts that will be awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2000/2001 Project Status Report," which lists: one 1995/1996 project carried -over, one 1996/1997 project carried -over, one 1997/1998 project underway, one 1997/1998 project completed, eight 1998/1999 projects completed, six 1998/1999 projects underway, one 1999/2000 project completed, two 1999/2000 projects underway, and one 1999/2000 project carried -over, two 2000/2001 projects complete, and eleven 2000/2001 projects underway. Last year's CIP identified funding based upon a Fiscal Year 2003/2004 Redevelopment Project Area 1 bond issue. Staff is proposing accelerating the bond issue to occur in Fiscal Year 2000/2001 or Fiscal Year 2001 /2002. With the availability of the bond proceeds, the loans and transfers discussed in last years CIP and incorporated into the Fiscal Year 2000/2001 budget can be modified. The following paragraph discusses the revised financing of projects based upon earlier than expected receipt of bond proceeds. Instead of transferring $1 .4 million in Infrastructure funding to the Library fund, staff is proposing to use $3.4 million in RDA Project Area 1 bond proceeds to accelerate the building of Phase 1 of a new library. The RDA would be repaid with future Library DIF fees. Staff has calculated that based upon issuing 300 single family permits annually, the Library DIF would repay the RDA Project Area 1 in Fiscal Year 2022/2023. Staff is proposing transferring the $1 .4 million in Infrastructure Funds mentioned above to assist in funding a future fire station in the northern portion of the City at a yet to be determined site. This location would be in RDA Project Area 2. In addition, staff is proposing to loan $1 million from RDA Project Area 2 to accelerate the construction of a fire station (if Project Area 2 funding is not available, General Fund funding would have to be advanced). If City Council implemented a Fire DIF, as outlined in the May 1999 DIF report, and based upon issuing 300 single family permits annually, the Fire DIF would repay RDA Project Area 2 in Fiscal Year 2032/2033. 250 T:\PWOEPT\COUNC1L\2001 \010403e. wpd Staff is proposing using $1 .1 million in RDA Project Area 1 bond proceeds for the acceleration of Transportation DIF improvements. Staff has calculated that based upon issuing 300 single family permits annually and based upon the projects contained in the 5-year CIP, the Transportation DIF would repay the RDA Project Area 1 in Fiscal Year 2007/2008. Staff is proposing using $2.5 million in RDA Project Area 1 bond proceeds for the acceleration of Civic Center DIF improvements. Staff has calculated that based upon issuing 300 single family permits annually and based upon the projects contained in the 5-year CIP, the Civic Center DIF would repay the RDA Project Area 1 in Fiscal Year 2023/2024. In funding Phase I of the Community Park project last year, the CIP included an advance of $900,000 from the Transportation DIF to the Park DIF, with interest payable on the advance and a $650,000 transfer from the General Fund to the Park DIF. Based upon updated projections, staff is not proposing the $900,000 transfer from the Transportation DIF to the Parks DIF and instead proposes a $1 .1 million loan from the General fund to Project Area 2. The $1 .1 million will be transferred to the Park DIF for Park improvements. Staff has calculated that based upon issuing 300 single family permits annually and based upon the projects contained in the 5-year CIP , the Park DIF would repay the RDA Project Area 1 in Fiscal Year 2008/2009. Overall, the 5-year CIP 2001 /2002 through 2005/2006 proposes $34,317,351 in improvements over the next five years. The remaining projects represent "additional" projects having a total estimated cost of $67,642,312 and DIF projects that are not planned within the next five years, for a total cost of $27,737,659. The funding of additional projects listed will require future City Council action to ensure revenue availability. The Fiscal Year 2001 /2002 proposes $19,642,100 in capital improvement projects. There are a total of eighteen projects identified for this fiscal year. Project Number 99613-Washington Street/1-10 Interchange Improvements and Project Number 200101-Auto Mall Improvements are recurring long term commitments. Two other projects are recurring as part of a long term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with ever evolving ADA standards. There are fourteen new or secondary phased projects proposed to complete the remainder of the 2001 /2002 CIP. The City Council may wish to consider the implementation of the Fire Protection Facilities Impact Fees as part of the City's DIF Update if the Council wishes to repay the $1 million loan from RDA Project Area 2 from the DIF. 2)J1 04 T:\PWDEPT\C0UNC1L\2001 \010403e. wpd Fiscal Year 2002/2003 proposes $10,241,324 in expenditures for capital improvements. There are ten projects identified. Five of the listed projects are new projects proposed as follows: Project Number 200201, Design of the future City Hall Expansion Project Number 200202, Phase II Civic Center Campus Improvements Project Number 200203, Eisenhower Drive Bridge and Drainage Improvements Project Number 200204, Municipal Library Phase I Construction Project Number 200205, La Fonda Street Enhancements The remaining projects include four recurring long term commitments and the yearly Sidewalk and Handicap Access Ramp projects. Fiscal Year 2003/2004 proposes $4,018,927 in expenditures for capital improvements. Three of the listed projects are new projects proposed as follows: Project Number 200301, Traffic Signal (Calle Tampico/Civic Ctr Way) Project Number 200302, Phase II Cove Oasis/Lake Cahuilla Trail Head Project Number 200303, City Hall Expansion - Construction The remaining projects include four recurring projects, the Sidewalk and the Handicap Access Ramps projects, the Museum Expansion and Auto Mall Reimbursement projects. The final two years of the proposed CIP identifies the four previously listed recurring projects that maintain expenditures of $207,500 for each year. There are twenty-seven projects identified under the current CIP Additional Projects (Add Projects) list that are not scheduled within the next five years. The costs associated with the implementation of these projects are estimated at $67,642,312. Presented here for the City Council's consideration to be added to the current CIP Additional Projects list are: AD09 - Community Park $13,700,000 AD14 - Municipal Library Phase II $ 3,521,810 AD16 - Village Lighting Improvement $ 370,080 AD17 - KSL Tract 29136 Reimbursement (1) $ 63,000 AD18 - KSL Tract 29136 Reimbursement (2) $ 94,000 AD19 - The Putting Green Course $ 2,880,000 AD20 - New Traffic Signal (Adams@Westward Ho) $ 175,000 AD21 - Park Enhancement $ 96,480 AD22 - Dog Park Construction $ 200,000 AD23 - Darby Road Rehabilitation $ 456,900 05) AD24 - Avenue 58 Pavement Rehabilitation $ 283,008 AD25 - Village Signage Program $ 442,200 T:\PW DEPT\COUNCIL\2001 \G 10403e. wpd AD26 - Adams Street Improvements $ 214,341 AD27 - 5 Bus Shelters $ 252,000 AD28 - Municipal Golf Course $38,000,000 Please refer to the detail sheets located under the Additional Projects tab at the back of the CIP binder for additional information regarding these newly added projects. New to this year's CIP is a summary of each adopted Development Impact Fee. This section identifies the remaining balance of the forecasted fee revenue, as well as a listing of remaining project locations. Finally, it is being recommended that the Project 658 "Infrastructure Improvements - Streets" be dropped from the current CIP list of approved projects. The following assumptions should be taken into account when reviewing the CIP: The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscaping District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing landscape maintenance activities until such time that other revenue sources are available. The City Council's review of the draft Fiscal Year 2001/2002 CIP will enable City staff to complete the final CIP for public review. Pursuant to Government Code Section 66002, the City Council will need to schedule a public hearing on the CIP and consider its adoption at a subsequent regular meeting. Upon its adoption, the Fiscal Year 2001 /2002 CIP will be incorporated into the City's Fiscal Year 2001 /2002 budget. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer 253 T:\PWDEPT\COUNCIL\2001\010403e. wpd - 0 6 �Approved for submission by: Thomas P. Genovese, City Manager 42J4 Tjht 4 4 Q" COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: April 3, 2001 STUDY SESSION: PUBLIC HEARING: Discussion of the Draft 2001-2002 Economic Development Plan RECOMMENDATION: Review the 2001-2002 Draft Economic Development Plan and provide staff with direction on the policies, recommended implementation activities, and overall direction of the City's economic development effort. FISCAL IMPLICATIONS: Staff anticipates that the 2001-2002 Implementation Activities will require $200,000 to $250,000 to fund City staff, consultant and materials costs. These expenses would be allocated to City Manager and Community Development Department staff and supplies costs, the City's marketing/media consultant cost, the Agency's legal counsel and redevelopment consultant costs. This investment would increase if development agreements are concluded during the coming fiscal year that pledge City funds to mitigate development impediments. BACKGROUND AND OVERVIEW: The City of La Quinta is in the fifth year of a proactive economic development implementation effort. In June 1995, the La Quinta City Council directed staff to initiate an economic development strategic planning process that concluded in May 1996 with the adoption of the first Economic Development Plan. Subsequent plans were updated and reviewed in 1997, 1998, 1999 and 2000. Attached is the Draft 2001-2002 Economic Development Plan for City Council review. Once adopted, this Plan will be one of five components that comprise the City's overall strategic planning effort; the other components include the Capital Improvement Program, Resource Allocation Plan, Cash Flow Analysis, and 2001- 2002 Annual Operating Budget. 255 Overall, the Draft 2001-2002 Economic Development Plan proposes to build upon the momentum of this fiscal year's activities while continuing to pursue developer/user solicitation activities and the City's media marketing effort. This Plan includes initiatives aimed at recruiting hotel/resort developers, sub -regional retailers, restaurants, and golf course and recreation developers. One particular activity involves pursuing affordable golf and resort development within the southern or eastern segments of the City. Discussions with local developers indicate an interest to partner with the City to develop a golf course or courses, and a resort complex. The greatest challenge for this endeavor is finding property in a good location at a reasonable cost. As the City and Agency pursue the 2001-2002 economic development initiatives, we must acknowledge that the retail and resort markets have changed during the past several years. Available land combined with the explosive growth of both the City and the greater east central Coachella Valley region have fueled investor, developer and user interest in La Quinta properties. Staff is responding to ever increasing inquiries from large retailers, developers and resort operators regarding La Quinta locations, and the potential for City/Agency economic development assistance. This affords the City/Agency the opportunity to be more selective regarding the proposals we invest in. Further, review of assistance requests shows that both developers and users are seeking City/Agency assistance to supplement, or fully fund, the cash equity needed to secure development financing. If funded as proposed, the City's or Agency's cash --rather than the developer's, investor's or user's --would be at risk. Changes to the 2001-2002 Economic Development Plan are highlighted throughout the document; they generally include the following: • Updating population and other statistical data to reflect the most recent information available. • Modifying the City/Agency investment policy criteria to specify the need for enhanced design and landscape features, and enhanced maintenance requirements. • Increasing the City/Agency return on investment from 12 to 15 percent to 15 to 18 percent. This latter change is proposed to reflect the strength of the La Quinta market. • Updating the accomplishments for fiscal year 2000-2001 as presented on pages 17 through 23 of the Draft Plan. 250 vJ 0 2 • Presenting new economic development proposals for fiscal year 2001-2002, featured on pages 23 through 29 of the Draft Plan. Staff is soliciting Council input on these items. Attachment 1 presents the Draft 2001-2002 Economic Development Plan. This input will be incorporated into the Plan and will then be brought back to the City Council for final review and adoption. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Draft 2001-2002 Economic Development Plan 257 ATTACHMENT 1 City of La Quinta May 2000 March 22, 2001 City of La Quinta 78-495 Calle Tampico La Quinta, Califomia 92253 www.la-cluinta.or (760)777-7035 Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com DRAFT 258 Contents of This Document This document is organized as follows: i) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan z) Resources, Opportunities, Liabilities and Needs ■ Community Profile • Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Accomplishments During Fiscal Year 1999-902000-01 a) Highway 111 Corridor b) The Village c) KSL Recreation d) Annexation Feasibility e) Housing f) Marketing ■ 2000-012001-02 Implementation Activities and Target Areas g) Highway 111 Corridor h) The Village i) Resort/Hospitality Opportunities j) Annexation Feasibility k) Housing 1) Marketing m) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map �5 20001-M2 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta The City of La Quinta is embarking on the gth—sixth year of implementing an economic development agenda. To date, the City's economic development initiatives have yielded two major home improvement retailers, an auto mall, and other restaurant and retail enterprises. The continued focus for the coming fiscal year is to balance the need to deve4epfor revenue -generating enterprises with the desire to attract quality development. The short-term gain realized from achieving revenue -generating uses, however, should not compromise the long-term necessity for quality development that withstands the test of time. Thus, the City's economic development initiatives will center on attracting and enhancing revenue generating enterprises protecting open space and environmental attributes and expanding recreation opportunities for La Quinta's residents. This document outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Economic Development Plan to ensure that it arr-,n mmedates-reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to fas}litateaccommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus, this Plan embraces a long-term rather than a short-term perspective. In 1996, the City of La Quinta adopted the first economic development plan that defined the community's vision for future development, and presented a business 260 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA-Y_20GWMarch 22, 2001 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 2 plan to guide the City's economic development initiatives. The City embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley Region A variety of market studies forecast significant growth for the Coachella Valley region during the next decade. Due to its location and available undeveloped land, the City is in a prime position to capture a sizable portion of the projected commercial, resort, and residential development through the active business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes; these revenues comprise 4849% of City's General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 88% of the land arearea within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. In order to enhance and expand municipal services, the City and Redevelopment Agency must continue to enlarge the City's revenue base. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Cash Flow Strategies, and Annual City/Agency Operating Budgets. Since 1994, the City has achieved many short- and long- term financial goals identified through the strategic planning effort. 261 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA-Y-2GWMarch 22, 2001 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. This Plan outlines the policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. 262 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA NIAY-2000March 22, 2001 ECONOMIC DEVELOPMENT PLAN Section 2OW14342 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Historically, the City has been identified with the legendary La Quinta Resort & Club, the PGA West golf facilities, and the annual La Quinta Arts Festival. Today, La Quinta is capitalizing on continuing growth in the greater Coachella Valley. According to the California State Department of Finance, La Quinta has been the fastest growing city in the Valley since 1990. Further, La Quinta's average household income is $70,000, which is higher than the average household income for the Coachella Valley, Riverside County, and the State of California. In the context of the Coachella Valley, La Quinta enjoys an emerging population of new families. Average household size in La Quinta is 2-.823.263 versus 2.65 Valley -wide (California State Department of Finance); persons over the age of 65, historically the most recognized age group in the Valley, only comprise 18% of La Quinta's population. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; 26 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-28A8March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 5 an intemational reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, and other world class golf facilities; the Highway 111 commercial corridor features prime, vacant property of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; a major single land owner, KSL Recreation, who has the capital resources to develop significant resort, commercial and residential communities during the next 10 years; the Village of La Quinta, a low density commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; continued strong residential development and sales activity that generates a significant number of households that support retail, recreation, and service commercial users; a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and resources that the City/Agency can dedicate to economic development investment. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: increasing competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; and changing retailing trends that may decrease the need for traditional retail centers. 264 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2000March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 6 Projected Market Demand In January 1999, the Sedway Group submitted a market study that identifies demand for retail, office, hotel, golf course, industrial, commercial -recreation, and live -work housing uses. This section summarizes the study's significant findings. Copies of the entire Market Study are available in the City Manager's Office. Population Growth With the recovery of the Southern California region and a strong national economy, the Coachella Valley is undergoing renewredstrong real estate development. Having recovered from the recession of the early 1990s, the Valley has an estimated five-year window (1999-2004) to capture strong cyclical demand, which is anticipated to moderate during the latter portion of this time frame. La Quinta is a relatively new market within the Coachella Valley. During the past 30 years, Valley growth has moved southeast from Palm Springs along the Highway 111 corridor, with the Valley's population center shifting from Palm Springs to Palm Desert. In 1980, La Quinta had a permanent population of only 4,000 residents or 3 percent of the Valley total. As of January 4�2000, La Quinta's permanent population totalsed about 4-,76324,240. OF 3 PerGeRt of tetal Valley reside This represents a 10.73 percent increase from La Quinta's January 1999 population of 21,884. During the 1990's, both the permanent and seasonal resident population growth has been strong in both the Coachella Valley and the City of La Quinta. In spite of national and regional recessions, the Valley and City annually added over 6,400 and 1,150 permanent residents, respectively. Seasonal residents annually increased by over 2,100 persons in the Valley, and by over 400 persons in La Quinta. The California State Department of Finance forecasts that the Coachella Valley will grow by approximately 90,500 persons to 364,000 by 2005, for an annual average addition of nearly 13,000 permanent residents. In addition, the figures reflect a tendency for aging seasonal residents to convert to permanent retired residents. Nevertheless, seasonal residents in the Coachella Valley are also expected to increase rapidly, adding 3,300 new residents per year f,^r }m-th ne)d sever-year-s-for a projected 2005 seasonal population of 135,000. This forecast reflects a major increase in the rate of seasonal resident growth over the 1990's. The Sedway Group projects that La Quinta will annually add an average of 1,200 seasonal and 1,300 permanent residents dwing the Rext seveR yeaFs!bLqu_qh 2005. As an indicator of La Quinta's growing prominence in the Valley, sirasebetween 1990 and 1998, the City has accounted for 29 percent of the total residential 265 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-4040March 22 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 7 permits issued in the Coachella Valley. La Quinta's prominence is further confirmed by the report from The Center for Continuing Study of the California Economy on the State's 25 fastest growing cities. Their analysis, based on factors such as population growth, retail sales tax receipts and assessed valuation growth, found La Quinta to be the fastest growing City in California during 1997. For the 1990 to 1997 period, La Quinta was the second fastest growing City in the State, while Palm Desert was number twelve. La Quinta Market Strengths The Coachella Valley economy is, and will continue to be, dominated by tourism and the second -home market for seasonal residents, and will become an increasingly popular home for affluent retirees. Within the Valley, La Quinta's strengths include the following: • the availability of sizable contiguous undeveloped parcels along the Valley's major thoroughfare, Highway 111; • strong historical and projected permanent and seasonal population growth; • a critical mass of major retailers (Eagle HardwareLowes Home Improvement Warehouse, Home Depot, Wal-Mart, the Centre at La Quinta Auto Mall) which establish La Quinta as a sub regional retailing destination; • relatively high average incomes; • a central location within the Valley's growth areas; • a prime location relative to the Valley's higher income areas; • a prime location relative to major national events such as The Bob Hope Chrysler Classic, as well as tennis tournaments and polo and golf events in adjacent communities (La Quinta also has major cultural events such as the annual nationally recognized La Quinta Arts Festival); and • a positive image with Valley residents and visitors alike, due to the City's charming setting and the long-established national and international reputations of the La Quinta Resort & Club, and PGA West. Development Potential The market potential of the land uses considered in the Sedway Group market study is discussed below. 266 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA-Y-2008March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 8 Strong Development Potential The following land uses have immediate and strong development potential within La Quinta during the earlier portion of the next three- to five- to sevtin-year time horizon: Sub regional Retail. Sedway Group believes that La Quinta has strong potential to expand its role as a sub regional retail center for the eastern central portion of the Coachella Valley. With substantial acreage along the prime Highway 111 frontage combined with a strong existing retail base as evidenced by the Wal-Mart, Home Depot, and Eagle HaFdwaF Lowes stores, the City has the potential to play a strong sub regional retailing role. Tenants who might be attracted in the near term include Staples, TJ Maxx, Marshalls, Ross Dress for Less, Burlington Coat Factory, Linen 'n Things, Lamps Plus, Sears Homelife, Homestead House, Target, Sportmart, Old Navy, Nordstrom Rack, and Borders Books. In addition, an upscale fresh produce grocer that would serve a sub regional market could be supportable. To the extent possible, these tenants should build upon existing retail centers in order to maximize synergy, rather than creating new dispersed retailing within the corridor. Light Industrial/Business Park. A modest amount of light industrial space could be supportable in La Quinta, primarily to accommodate local service providers (e.g., landscapers, plumbers, contractors, etc.). Over the next five to seven years, an estimated 30,000 to 60,000 square feet could be captured in La Quinta. Mid -Priced Hotel. A small high -quality mid -priced hotel, providing limited services, would be supportable in La Quinta in the near term. This hotel should be between 100 and 150 rooms in size. However, neighboring cities are also competing for this segment of the market. Live-Work/Artist Studios. While live -work units would not be supportable without subsidy, Sedway Group believes they would experience substantial support, if developed with significant subsidy in the Village area. An interview with the La Quinta Arts Foundation disclosed that the Coachella Valley artists community is growing and vital, and that the potential exists to attract some of these artists to a conducive environment, building upon the Arts Foundation and its renowned arts festival, in La Quinta. For example, artists occupy a complex of studios located in four to five industrial buildings in Indio (according to the La Quinta Arts Foundation). The City would receive three benefits from such development: (1) satisfy its redevelopment agency affordable housing commitment; (2) firmly establish La Quinta's key position in the Coachella Valley art market; and (3) provide a modest stimulus to the development of the Village. 267 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2808March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 9 Restaurants. As the population and visitor volumes in La Quinta and Indian Wells reach a critical mass, there will be more support for a cluster of restaurants in the eastern central Valley. Sedway Group believes that La Quinta is well positioned to capture a greater share of this market. The frontage along Highway 111 provides an ideal setting for a restaurant cluster that would provide synergies between the restaurants. Within the next five to seven years, Sedway Group forecasts a demand for about five new restaurants, ranging from 3,500 to 9,000 square feet in size, or between 25,000 and 30,000 square feet total. Restaurants should include a mixture of family, popular new concept (e.g., Mimi's Cafe, Macaroni Grill, Gordon Biersch, etc.), and dinner house facilities. Moderate Development Potential Land uses that have limited immediate potential, but have development potential within a three- to five to seven year planning horizon are as follows: Resort Hotel/Golf Course. Within the next five to seven years the Coachella Valley should be able to support its first new four- to five-star hotel construction in many years. Sedway Group forecasts the potential for 800 to 1,000 rooms during this period, representing approximately a 7 percent increase in supply.' While a number of hotels are planned, Sedway Group believes that La Quinta is well positioned to capture some of this demand. La Quinta's unique setting in the coves of the mountains provides an ideal and protected setting for resort development. Assuming restrained development in other cities, Sedway Group recommends the development of a high -quality five-star 300- to 400-room resort hotel of a Four Seasons quality, which could be accommodated on a high -amenity site. sueh _RS; ° +" ^ The aa^^" development proposed by K 2 In addition, the potential for a boutique spa and fitness hotel of between 125 and 150 rooms, similar to the Canyon Ranch in Tucson, should be considered. Neighborhood Retail. Currently, neighborhood retail centers are over- supplied in La Quinta, with three grocery -anchored centers within the City, plus an additional center on its northern border. At least one existing center is performing quite modestly. With the projected population growth, however, additional centers can be supported. Within a five- to seven-year planning horizon, Sedway Group believes that an additional center will be supportable. We recommend that this center be positioned for success, by locating on a prominent intersection with a minimum 20-acre site. The Jefferson Street corridor is a prime candidate for a future neighborhood retail center location. Based upon a total of 14,205 rooms in the Coachella Valley. o The Ranch development . near the : ,t,rso.tion of ion�;c Fso., Street .,..a n. entie. 52. 2 V (, 8 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-2009March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 10 Office Space. The demand for office space in the Coachella Valley is limited. Further, La Quinta faces strong competition from established, centrally located office concentrations as found in Palm Desert. Nevertheless, Sedway Group forecasts demand for a modest amount of office space in the mid-term, five- to seven-year time frame, primarily oriented to local services and as an alternative to home offices. Financial and medical services have the greatest potential. To create an office project of an appropriate scale to achieve a suitable quality and image level for the La Quinta Highway 111 corridor, Sedway Group recommends a cluster of architecturally distinctive buildings that can be added incrementally to accommodate growth. The phased office development should commence with multitenant buildings of approximately 7,500 square feet (that is divisible), with the first building coming on-line in roughly three years and the second in approximately five years, following area demand. As a critical mass of permanent residents is established, then a larger traditional building can be supported in the future. Public Golf Course. Currently, the La Quinta area is well supplied with private golf courses that are open for public play. In the future, as some of the large-scale communities reach build out, these semiprivate golf courses will be taken private as their residents will generate sufficient play and a private course reinforces the prestige of the community. While some public play courses, such as Desert Willow and the Indian Wells Golf Resort, are of excellent quality, others are of modest quality. The Sedway Group feels a municipal golf course might be feasible within an approximately five-year time horizon and would be a significant asset to the City. Given the difficult economics of a public play golf course, feasibility will be dependent upon the ability to construct a good quality golf course at a modest cost, and hence will rely upon an opportunistic scenario. Sedway Group believes that the potential may exist to joint venture a golf course with a home builder, with the home builder contributing the land at no cost to the City, while the builder benefits from marketing fairway frontage lots. The economics could further benefit through the use of municipal bond or other public financing mechanisms. Minimal Development Potential Land uses that have minimal market potential for development within a three- to five-'^seven-yyear planning horizon are as follows: Regional Retail Center. Due to the strength and dominance of the existing Palm Desert Westfield Shopping Town, the Coachella Valley population will need to reach at least 500,000 before an additional center could conceivably challenge the market leader. Such a population level could be achieved within a 10- to 15-year period. At that time, La Quinta should be well positioned to attract this center, given its central location within the 269 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-2008March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 11 eastern central Coachella Valley and its emerging concentration of retailing. In order to capture this center, however, a minimum site area of 100 acres would need to be reserved, preferably along the Highway 111 frontage. Cinemas. The market potential for cinemas in La Quinta is quite limited. In addition to the existing supply of theater screens, several additional cineplexes are anticipated. A 16-screen theater complex is open in Rancho Mirage at Monterey Marketplace. In addition, an IMAX theater has opened in Cathedral City. As part of the Cathedral City town center "Pickfair" project, a 16-screen cineplex is also planned, with associated retail components. Finally, there is an eight -screen cineplex by Resort Theaters under construction at One Eleven La Quinta Center. With this supply of cinema screens, substantial population growth will be required before more screens will be supportable. Nevertheless, some cinema operators may be willing to develop additional screens for strategic market -share, rather than market demand, reasons. Family Entertainment Center. There is a broad array of family entertainment activities available in the Coachella Valley for a resident population base of 273,500 plus the seasonal resident and tourist market segments. The Coachella Valley appears to have its potential met with these venues, which include miniature golf, arcades, batting practice cages, bumper boats, bowling, ice-skating, water park, and other similar recreational related activities. The development of such uses is highly entrepreneurial and also tends to be cyclical, following current trends in terms of personal preferences. The demand for commercial recreation uses in the Valley does not warrant development of such facilities in La Quinta in the next five to seven years. Note: The aforementioned summary was derived from the January 1999 market study prepared by the Sedway Group. Please review the Sedway Group's entire market study for their complete market analysis. Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During the 2009140 2 fiscal year, the City anticipates having up to $6�56.55 million available to invest in economic development activities. Approximately $1.65 million would be City General Fund revenue; $4.6 million Project No. 1 Redevelopment Fund revenue; and $600,000300,000 Project No. 2 Redevelopment Fund revenue. These funds are basically one-time resources that will most likely not be renewed when expended. This s ber.ause these funds i+ l +h + h h . _ _ d durinn thp nast 2F ...A. +h The Redevelopment 270 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2800March 22, 2001 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITIES, LIABILITIES AND NEEDS PAGE 12 Agency is also contemplating issuing tax allocation bonds during the next 12 months to raise working capital that could be pledged towards economic development activities. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. The City/Redevelopment Agency real estate assets currently available for economic development include Agency property located southeast of the intersection of Miles Avenue and Washington Street, 47th and Adams and 48th and Adams, and the City's holdings located at the top of the Cove. Infrastructure Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City is working to address the community's infrastructure needs through the Five -Year Capital Improvement Program. This program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site - specific capital improvement needs. 271 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA-Y-2809March 22, 2001 ECONOMIC DEVELOPMENT PLAN Section 20001-042 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, and developers. 272 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAX 24WMarch 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 14 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Strike Team A City staff strike team will be maintained comprised of the City Manager's Office and Community Development Department. The Team will be responsible for: (1) working with local businesses to assist, where feasible, with their expansion needs, (2) actively recruiting developers/users to locate in La Quinta, (3) coordinating both the City and Redevelopment Agency economic development efforts, and (4) working with City staff to continually upgrade the City's community development, engineering and building inspection services. Business Retention/Expansion The Strike Team will work with the La Quinta Chamber of Commerce to identify and facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically diversify La Quinta's economic base to include a balance of retail, recreation, resort, and light manufacturing uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs for projects that are determined to enhance overall City development and growth. Further, assisted projects must also feature enhanced design and landscaping amenities. In formulating project specific investment parameters the City will incorporate enhanced building and site maintenance requirements to insure that these amenities are maintained for the life of the development. City/Agency Return on Investment For commercial, industrial, or resort developments that require City/Redevelopment Agency investment to insure their economic viability, the City/Redevelopment Agency must achieve a minimum of a 4e 15% to 18% cash on cash return, after City service costs are accounted for and by the third stabilized year of operation, in order to justify City/Redevelopment Agency investment. Further, City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. 273 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-204OMarch 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 95 Private Project Investment - Financial Need For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvements and municipal fee costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Environmental Compatibility In order to protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regiona expansion of rail and air transportation services, Regional Airport, to support the transportation commercial, and other uses. Annexation Opportunities I agencies that facilitate the including the Desert Resorts needs of La Quinta's resort, The City will aggressively pursue annexation opportunities that enhance its economic future and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that: provide a window to Interstate 10, enhance resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, and protect environmentally sensitive areas and scenic vistas. Municipal Properties The City will pursue the timely sale and/or development of all City/Redevelopment Agency owned surplus property with uses that achieve a maximum return on the initial City/Redevelopment Agency investment. Recreation Opportunities The City will explore the feasibility of developing a municipal golf course or other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2000March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 16 Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging and light industrial uses within the Highway 111 corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY--2998March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 17 Accomplishments During Fiscal Year 42000.01 The Business Plan presented in the 1999-002000-01 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 20001. Highway 111 Corridor ■ Centre at La Quinta. the €GeRGM;o--DevelopmeRt—.-;aR, tG— ep ite—the sect of var'ou develep„tefthree aute dealerships. These dealers oeRed in the Spring Completed funding assistance that facilitated off-street infrastructure improvements to Highway 111 and Adams Street. The City continued to work with Stamko Development to gain additional auto dealers and new "big box" retailers. ■ La Quinta Court. Authorized an Owner Participation Agreement that enables regional serving improvements to Highway 111 and Washington Street and the design and installation of an enhanced water and art feature at this prime intersection. This development will feature a LG's Steakhouse and other up -scale restaurants a Jensen's grocery, and furniture and service related uses. Miles/Washington Property. The Gity and Redevelopment AgeRG GGmpleted preliminary sate p!aRn!Rg and GGITIMURity input activities iR the puns. DuFing the fall l—of-1-999 the AgenGy n'rn„Iated a ronv`�e development proposals; thFee Fespc3aseswere received. The three submittals GGFRpanies Entered into an Exclusive Negotiation Agreement that facilitates negotiations regarding the entire 50-acre parcel. The developer, C.W. La Quinta is preparing a conceptual site plan and conducting a market analysis to develop a 150-unit hotel restaurant, retail and office uses, and market and affordable single-family housing. Negotiations are scheduled to be concluded by June 2001. 276 ROSENOW SPEVACEK GROUP, INC. MAY--2008March 22 2001 CITY OF LA QUINTA ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 18 ■ Marketing Highway 111 Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the May International Council of Shopping Centers, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. ■ La Quinta Corporate Center. retail uses. Staff is working with the Corporate Center to maFket this pFOperty. The Agency is working with the Corporate Center to market this property and to conclude an agreement with adjoining property owners to facilitate improvements to Highway 111 that would accommodate site development. ■ Internet Marketing. The City updated -continued to enhance the City's website, www.la-guinta.org, Highway 111 GE)rr;dGr preperties. The Village Infrastructure Improvements. The City and the GGaGhella Valley WateF ■ nd- waterlsewer impFevemeRts fer the Village .. ... ROW undeRNay to .. mpFevements. if the assessment d'StF'Gt is SUGGessfully formed, the .. •• ... -. to the WashiRgtOR Street bridge. These additie-Ral travel IaRes and Felated GiFGWIatiGR The City successfully formed an assessment district to fund street, stormdrain, utility, and water/sewer improvements for the Village commercial district. The improvements are s-• -• for completion11 ■ Civic Center Campus Phase I. The City approved the concept plan that details passive recreation, public art, a future library, and lake amenity improvements for the Civic Center Campus. Construction will commence in the summer of 20001. ■ Village Streetscape Project. Construction of the demonstration streetscape improvements for Calle Estado is ����Re-2000commenced during the 41h quarter of 2000. These improvements entail creating a prototypical Village street theme, including streetlights, new sidewalk, curb, and gutter, and street construction and restriping. This project will cost $500,000, of which the entire amount will be funded through the Redevelopment Agency. Completion is anticipated by June 2001. 2 7 c ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-2008March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 19 Commercial Property Improvement Program. In F-e,�May 2000 the City adopted a GORGeptua4 property rehabilitation program for Village commercial properties. Assistance of up to $15,000 was made available to partially underwrite facade, building, signage, parking and site landscaping improvement costs. FiRal approval will be in May 2000, with To date„ 10 properties are participating in this program. ■ La Quinta Historical Museum. The Agency 46 GOrnpletiRg thee purchased of the La Quinta Historical Museum, which is located in the Village. Operated by the La Quinta Historical Society, the Museum houses exhibits on La Quinta's cultural and historical heritage. T 4s museum a++FaG Q ^eFE)61sr residents add visitors to the ��� .:Rg .The Agency is now formulating plans to both design and construct improvements that will expand the museum's display area and exhibit capacity. KSL Recreation ■ Site Planning Activities. City continued to work with representatives from KSL Recreation to refine their development plans for the RaRGh Development_La Quinta Resort & Club and their holdings north of the Resort in the Village and at PGA West. Discussions are centering on pursuing golf, lodging, and commercial uses. �7Q ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY--2048March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN Annexation Feasibility Housing PAGE 20 ■ Monroe/Jackson Annexation. The City concluded a feasibility study for the potential annexation of properties east of Monroe Street and west of Jackson Street between Avenues 52 and 62. Discussions are now underway with area residents and the County of Riverside. ■ La Quinta Housing Program. The Redevelopment Agency continues to implement the La Quinta Housing Program that funds second trust deed mortgages, residential rehabilitation loans, and the purchase of dilapidated dwellings. A total of 4553 second trust deed loans were funded, allocated to 219 moderate income and 4334 low-income households. Further, the Agency provided assistance to facilitate the reservation of 20 apartment units that will be affordable to moderate income households These units are part of a new 200-unit apartment complex that is being developed by the Spanos Corporation The Ageasy Agency also funded 32 residential rehabilitation loans that facilitated new roof, heating/air conditioning, exterior painting and landscaping improvements. Further, the Agency purchased, twe-rehabilitated and sold one dilapidated units in the Cove. rPh;;hiWatPd ;; ,d rnRrketed to low inseme households Additional dilapidated unit purchases are under consideration. Finally, the Agencv assisted 45 households — 10 very low income 17 low income and 18 moderate income - with sewer connection costs to facilitate removal of obsolete septic systems and connection to the municipal sewer system. 279 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2008March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 21 Avenue 48/Jefferson Street Development. holdings 'meted at venue-48 and je#ersenStreet. Concluded an assignment agreement that transferred Catellus Residential interest in this development to Desert Cities Development. Catellus elected to abandon this proiect due the pending sale of the residential development group. Desert Cities Development is currently building the remaining single-family dwellings, and is finalizing the tax credit funding application for the 118 units senior apartment complex. If tax credit funding is secured, construction will commence on the senior apartments in June 2001. .. .. .._. ... ... .:...:u�r�:.: . i. -11 . Marketing ■ Infomercial and Commercials for Television. • .. .. .. WIN rograms and cable programmin .. .... -. _-WMIEWS00 W. .. NOW rig! ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY -2008March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 22 ■ Construction Updates. In an effert #e keen the residents and niwas plaGed monthly in the Chamber of GemmeFGe RewsletteF. IR ,hln update was , GanF wash nnnteot WaS e#ered to offset Gaused by thee Created the "La Quinta: City in Progress" business retention campaign to support construction in The Village, as well as other areas of La Quinta. The program consisted of 4x8 signs surrounding The Village and print and radio advertisements that put a positive light on the construction and development activities occurring in La Quinta. lo" oiemi IN .. ■ Print Advertisements. EGGRGMiG deV81GPFFIeRt PFiRt ads we Fe plan the Desert C SpeGdal FnilleFIFIOUITI GBGtieFIS, the Bob Henn Program and thee pheto spreads appeared !R PaIM Springs Life and the R­6IdP.r./,A_MhiteG Magaz Continued increasing the visibility of La Quinta as a prime development opportunity through targeted print advertising vehicles, including Alaska Airlines Franchise Times the International Council of Shopping Centers' Palm Springs Conference Guide the Bob Hope Chrysler Classic Proaram Guide. the Inland Empire Film Commission's Production_ Guide and Palm Springs Life magazine - ... .. .. .. .. . MINN .... 291 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA)L24WMarch 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 23 Other Marketing Initiatives. A. ... . . . display Desert ReseFts •-.. .. Gity GFeated a parade fl. Fest'val, Palm ■_ Kiner/Goedsell 6strbuted press releases on...andd eveRtS .. .._ GGITIMeMe and KSL Fepresentatives possible eRhaRGemeRts to the MariaGhi exposurebreakfast. Hosted, supported. and participated in several events that offered the City • increased awareness of • • Realtor/Financial Professional Breakfast the Palm Desert Golf Cart Parade, the International Date Festival Parade the International Council of Shopping Centers' Fall Conference and the Leadership Coachella Valley Program. 282 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2008March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 24 20001-042 Implementation Activities and Target Areas The following initiatives will be pursued during the 20001-04-2 fiscal year. They are designed to support efforts in the Highway 111 corridor and the Village, while initiating new endeavors involving the resort and hospitality industries. The Sedway Market Study indicates use demand for additional resort and hospitality developments. In addition, to direct property owner and users activities, the City and Agency will continue to pursue targeted community marketing activities and affordable housing efforts. Highway 111 Corridor Activities to Accomplish in Market La QWiRta 6M()pmeRt .. users. This .. .. IRteFnatiGRaI COU Gil of 'ng Centers .... DesertVegas; and werk'Rg with GOFFider property.. _ Fnarket develepment oppeFtunities.• • market La Quinta developmen opportunities to regional, hotel and restaurant developers and operators in coniunction with propertV owners. • prepeFty. The goal is to have this Conclude a disposition and development agreement that leads to hotel, restaurant, office and residential development on the MileslWashinaton property with C.W. La Quinta • pFepeFty owners Fegarding the development ^{ theiF heIdiRg6 Engage the owners of the Point Happy property in discussions reaardina hotel and restaurant development on this 10-acre parcel • Facilitate the expansion and retention of 283 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-2009March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 25 commercial retail uses at One Eleven La Quinta Center. • Conclude the infrastructure improvements at La Quinta Court. The Village Activities to Accomplish in • Complete the infrastructure improvements 20081-200-�2: that serve the Village. • Complete the demonstration streetscape improvement project for Calle Estado. €ntBF iRtteeiiG'uss*ve Regetiatie Rs with a love/work housing developer fGF I've/werk „d a fist he poi^^ Conclude negotiations with KSL Recreation regarding resort, office and retail development on their holdings located southeast of the Eisenhower/Calle Tampico intersection. • implement the GOFFIMWGial ^rep 84!y aRtir ed that_'0 I-rvaGaRS wd! be f, Rde d dUFORg the n^m'n^ fiscal „oar Continue Commercial Property Improvement Program and expand/clarify that it can be used for new construction (i.e. ground up development) in addition to existing business properties. Resort/HospitalityResort/Hospitality Opportunities Activities to Accomplish in SOliGit proposals from resort and hospitality resort and hospitality uses. As part of this the seuthp-`ast .. Af the Gity, . UF1*RGaFp9rated area adjaGeRt to the •_ Resorts Regional A'fpGrt_Solicit proposals #IrS41 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA-Y-2809March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 26 from landowners and developers to jointly develop municipal golf courses and related resort/hospitality uses. • Initiate discussions with KSL Recreation regarding improvements to the La Quinta Resort & Club, and other resort/recreation developments. Annexation Feasibility Activities to Accomplish in 20001-042: Initiate annexation activities for properties south of Avenue 52, north of Avenue 62 east of Monroe and west of Jackson Streets. Housing Activities to Accomplish in Conclude an affordable housing agreement 20001-042: for the development of the Agency's Avenue 48 and Adams Street property. • Complete the sale of the Avenida MadeFG/Gallo F=RseRada let and cell the rv�tT�GrCrvCrtt .�Cn ocrrc�clG�-va�rra occ� �c nRGOMe family: Conclude an affordable housing agreement for the Agency's Avenue 47 and Adams Street property. • Purchase thFee dilapidated units in the Cove and initiate rehabilitation/reconstruction activities. • Sell twe-additional units in the La Quinta Housing Program to very low --income households. 285 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAX 2000March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 27 Marketing Activities to Accomplish in 20001-042: PaGkage to advertise IOGatien opportunities, lGGathon Gp G tURiities is ess publiGations. Update the marketiRg a Gkages and web site to inGl tie the meet GUrrennt city 4nfermnt en.Continue "advertising" program utilizing print, television and radio media. Expand infomercial broadcast in the Pacific Northwest market and add the Midwest market. Maintain print marketing campaign in select vehicles including the Alaska Airlines', Palm Springs Desert Resorts, and Palm Springs Life Desert Progress issues. (;GRt*RUe the Shep/Dine La QUiRta and Live La n,rnta adVeft'Sine GaFnPaign&.Revive and enhance the Shop/Dine program. Refresh the program under a new theme, such as a "Gold Key Program", where people would receive a small booklet offering discounts for retail, dining and special events such as the La Quinta Arts Festival. The booklet would be marketed as "the key to treasures of La Quinta". Expand the Financial/Realtors' Breakfast to include all commercial properties in La Quinta (i.e., beyond The Village). • nq bus;mnesses as part of the Gifi�lo T ,av television and print —mom Gampaigns.Support local retail with advertising concurrent with the grand openings that welcome new businesses while oromotina existina dininq and retail establishments. • Promote and support the Community Services Department activities to include: Civic Center Campus Grand opening 28 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MA`-200AMarch 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 28 • La Quinta 20th Anniversary Celebration • "Holiday in the Park" during the Christmas/New years season • Golf Cart and Date Festival parades • Supporting other Chamber/Business events such as Main Street, Mariachi, La Quinta Arts Festival, etc. Update the City's television 'nfeMeFG*al and regisnal .Explore the feasibility of a PBS broadcast of La Quinta cultural activities including the La Quinta Arts Festival. • Research and install seasonal banners with poles along Washington and Jefferson Streets, as well as the Village areas to create a festive atmosphere. The seasonal banners will be displayed four times per year for approximately one month in duration. Recreation Opportunities Activities to Accomplish in Explore the feasibility of affordable golf 20001-0a-2: options. Discussion to date with local developers indicate an interest in a joint - venture partnership with the City to locate City -owned but private sector operated golf course on City property, or City purchased property. Potential locations include the top of the Geve (the Git�'FeteRtieR , private holdings in the southeast section of the City, or in the unincorporated area adjacent to the Desert Resorts Regional Airport. 29-`'r ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-2488March 22, 2001 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 29 • Explore the feasibility of developing Putting Greens in the Village. • Explore water -related activities at Lake Cahuilla. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY-2988March 22, 2001 ECONOMIC DEVELOPMENT PLAN ExhibitLA&-- 200014342 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta 283 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA MAY 2000March 22, 2001 ECONOMIC DEVELOPMENT PLAN DEPARTMENT REPORT: 3- A APRIL 4 APRIL 6 APRIL 17 APRIL 26 MAY 1 MAY 15 MAY 21-23 CITY COUNCIL'S UPCOMING EVENTS JOINT CITY COUNCIUPLANNING COMMISSION MEETING MAINSTREET MARKETPLACE CITY COUNCIL MEETING CULTURE IN THE COURTYARD CITY COUNCIL MEETING CITY COUNCIL MEETING INrL COUNCIL OF SHOPPING CENTERS SPRING CONVENTION - LAS VEGAS JUNE 5 CITY COUNCIL MEETING JUNE 19 CITY COUNCIL MEETING JULY 3 CITY COUNCIL MEETING JULY 17 CITY COUNCIL MEETING 200 April 2001 Monthly Planner ay Wednesda' fhu'rs'd_ay_'____ Friday Saturday 1 2 3 4 5 6 7 11 :30 AM 10:00 AM ALRC CVAG Human/ 6:00 PM - 9:00 Comm -Adolph PM Joint City Daylight Savings 2:00 PM City Council/ Time Begins Council Planning Com- Meeting mission Meeting 8 9 10 11 12 13 14 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Safety -Perkins Mosquito Pena Energy/Envi- 12:00 PM Abate. -Perkins 5:30 PM Invest- Sniff Transportation- 7.00 PM Plan- ment Advisory 7:00 PM Cultural Perkins ning Commis- Board Arts Commission 6:00 PM League sion Meeting of Calif. Cities- Riv.Div. 7:00 PM Commu- nity Services Commission 15 16 17 18 19 20 21 Easter 9:00 AM CVB- 3:30 PM Historic Henderson Preservation 2:00 PM City Commission Council Meeting 22 23 24 25 26 27 28 7:00 PM Plan- 12:00 PM CVAG 9:00 AM ning Commis- Human/Comm- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 29 30 6:00 PM CVAG- Exec Com-Pena March May ° S M T W T F S S M T W T F S � .7 1 -_2_ 3 -_ 1 2 3 4 5 Y r a 4 5 6 7 8 9 10 6 7 8 9 10 11 12� .'� 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 '• i �" 25 26 27 28 29 30 31 27 28 29 30 31 + r .1e. Printed by Calendar Creator Plus on 3/28/2001 e) 1 May 2001 Monthly Planner Sunday 4 5 April 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch S M T W T F S .. Meeting 1_.2._3 4 5- 6 7 8 9 10 11 12 13 14 -: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ,..,_ 6 7 8 9 10 11 12 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Mosquito Pena Energy/Envi- Abate.-Perkins 5:30 PM Invest- Sniff 7:00 PM Plan- ment Advisory 7:00 PM Cultural ning Commis- Board Arts Commission sion Meeting 13 14 15 16 17 18 19 10:00 AM Public 9:00 AM CVB- 3:30 PM Historic Safety -Perkins Henderson Preservation Mother's Day 12:00 PM 2:00 PM City Commission Transportation- Council Perkins Meeting 6:00 PM League of Calif. Cities- Riv.Div. 7:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 7:00 PM Plan- 12:00 PM CVAG 9:00 AM ning Commis- Human/Comm- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 27 28 29 30 31 Memorial June Day (City Hall S M T W T F S Closed) 1 2 3 4 5 6 7 8 9 ' 10 11 12 13 14 15 16 ? 17 18 19 20 21 22 23 25 26 27 28 29 30 77 �w �^' N Printed by Calendar Creator Plus on 3/28/2001 4 J June 2001 Monthly Planner Sunday Monday Tueida—y------W-ed—nesday--'----T—h"'-u-rsd—ay Friday Saturday MaY July S M T W T F S S M T W T F S 1 z 3 4 5 :;�, 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 - 13 14 15 16 17 18 19 - -. 15 16 17 18 19 20 21 ` 20 21 22 23 24 25 26 - 22 23 24 25 26 27 27 28 29 30 31 } 29 30 31 ar z .n �. o- ati��, '. f k ?gd'2 �,r�ggw�ric'q'�,�p• .ro.p. _.. 6 7 3 4 5 8 9 2:00 PM City 10:00 AM ALRC Council Meeting 10 11 12 13 14 15 16 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Safety -Perkins Mosquito Pena Energy/Envi- 12:00 PM Abate. -Perkins 5:30 PM Invest- Sniff Transportation- Perkins 7:00 PM Plan- ment Advisory 7:00 PM Cultural 6:00 PM League ning Commis- Board Arts Commission of Calif. Cities- sion Meeting Riv.Div. 7:00 PM Commu- nity Services 9 y Commission 17 18 19 20 21 22 23 ` 9:00 AM CVB- 3:30 PM Historic Henderson Preservation Father's Day 2:00 PM City Commission Council Meeting 24 25 26 27 28 29 30 6:00 PM CVAG- 7:00 PM Plan- 12:00 PM CVAG 9:00 AM Exec Com-Pena ning Commis- Human/Comm- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 293 Printed by Calendar Creator Plus on 3/28/2001 DEPARTMENT REPORT: 3-13 T4t1 t 4 4a " MEMORANDUM TO: Honorable Mayor and City Council FROM: June S. Greek, City Clerk DATE: April 3, 2001 SUBJECT: Report on the Status of the Referendum Filed to Repeal Resolution No. 2001-09 Pursuant to Election Code §9114, the City's election official shall certify the results of the examination of petitions to the proponents of the petition as to the sufficiency or insufficiency of the petitions. Election Code §9115 requires that upon determination of the sufficiency or insufficiency of the petitions, the elections official shall certify the results of the examination to the City Council at the next regular meeting of that body. On March 20, 2001, the Registrar of Voters notified the City Clerk (election official) via telephone and fax of the sufficiency of valid signatures on the petitions (Attachment 1). On March 21, 2001, the City Clerk notified the proponent via Certified Mail of the determination to reject the petitions for filing predicated on substantial statutory defects. Attached is a copy of the letter sent to the proponent Kimberly Ann Bird (Attachment 2) which specifically outlines the grounds upon which the determination to reject the petitions was based. The City Clerk and the City Attorney conducted a complete examination of the petitions and applicable case law prior to making that determination. The major points which formed the basis for rejection of the petition are first, it contained incorrect, confusing and misleading information. Second, it did not fully set forth the text of the resolution which the proponents proposed to be submitted to the voters. The petition was confusing and misleading in several respects. It purports to "petition for the repeal of a portion of Resolution No. 2001-09 and conditions attached thereto" that "amends La Quinta Code Chapter 9.65, Village Commercial District Section 9.65.030.a.2 Heights. " (Emphasis added). Contrary to the assertions contained in the petition, neither Resolution 2001-09 nor the conditions of approval amended any portion of the City's Code, including Chapter 9.65. The incorrect assertions were further reinforced by the attachment of the La Quinta Municipal Code, Chapter 9.65 to the petition. 2)J4 The third cause for rejection was contained in the last sentence of the second paragraph of the petition requesting the repeal of the portion of Resolution No. 2001- 09 containing condition 15.A which states, "the height of the hotel shall not exceed 78 feet." While the language seeks the repeal of the entire condition, it only quotes the first sentence of section A. Fourth, the petition purports to repeal a condition of approval to the adopted Specific Plan. However, the text of the Specific Plan was not attached to the petition. Failure to include the text of the Specific Plan, and its conditions of approval, is a fatal flaw in the petition. Fifth, the petitions purported to appeal the City Council's decision to allow a 78-foot height. In effect the repeal of Condition No. 15A, which placed a limitation on the height of the hotel structure, would remove that limitation and allow the height to be built pursuant to the Specific Plan at 79 feet. (Specific Plan, page 31 .) It is never the intent or desire of the election official or any other municipal officer to deny or impede the imposing referendum power of the voters. The legal citations, however, repeatedly state "the statutes designed to protect the elector from confusing or misleading information should be enforced so as to guarantee the integrity of the process." The case studies contained in Attachment 2 clearly support the obligation of elections officials to perform a ministerial duty to reject initiative [and referendum] petitions which suffer substantial, as opposed to technical, statutory defects which directly affects the quality of information provided to the voters. Elections Code §9114 states "If the petition is found insufficient, no further action shall be taken", therefore; this report is provided for information purposes only and no City Council action is required. JSG MISCHELLE TOWNSEND Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE CERTIFICATE OF REGISTRAR OF VOTERS State of California ) ) ss. County of Riverside ) ATTACHMENT 1 2724 Gateway Drive Riverside, CA 92507-0918 (909) 486-7200 FAX (909) 486-7272 I, MISCHELLE TOWNSEND, Registrar of Voters of the County of Riverside, State of California, do hereby certify that on March 13, 2001, a petition entitled REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL: RESOLUTION NO.2001-09 was delivered to my office by the City Clerk of the City of La Quinta for signature verification. That upon examination of said petition it was found to contain 1,873 total signatures and of the 1,425 signatures checked, 1,133 were found to be valid and 292 invalid. And further, that said number of valid signatures, 1,133 exceeds the number required for sufficiency, 1,099 (which is 10% of the number of voters in said City as of the last report of registration to the Secretary of State); and that, because the number of valid signatures on said petition exceeds the number required for validity, the petition is hereby declared sufficient. Dated: March 20, 2001 MISCHELLE TOWNSEND Registrar of Voters Deputy `J e P.O. Box 1504 - 78-495 CALLE TAMPICO _-- LA QUINTA, CALIFORNIA 92253 March 21, 2001 Ms. Kimberly Ann Bird 52360 Avenida Madero La Quinta, CA 92253 Re: Referendum Petition Dear Ms. Bird: ATTACHMENT 2 (760) 777-7000 (TDD) (760) 777-1227 Pursuant to the requirements contained in the California Elections Code and applicable case law, I have completed my examination of the referendum petition ("petition") you submitted for filing concerning City Council Resolution No. 2001- 09. Pursuant to the ministerial duty required of the City Clerk/Election Official to reject petitions which suffer from substantial statutory defects which directly affect the quality of the information provided to voters, I have concluded that I cannot accept your petition for filing. The City's legal counsel has confirmed these findings after conducting a comprehensive evaluation of the petitions and applicable case law. (See, e.g., San Francisco Forty-Niners v. Nishioka (1999) 75 Cal. App. 4'h 637, 644; Biiiig v. Voges (1990) 223 Cal. App. 3d 962, 969 ["A city clerk who refuses to accept a petition for noncompliance with the statute is only performing a ministerial function involving no exercise of discretion."].) As discussed in more detail below, the basis for the rejection of the petition is that it contains incorrect, confusing, and misleading information and does not fully set forth the text of the resolution, which you propose to be submitted to the voters. The California Elections Code contains numerous provisions, which are designed to protect the elector from confusion and misinformation concerning the content or effect of initiative and referendum petitions. (See, e.g., Elec. Code § § 9238 [requiring that the petition contain the full text of the ordinance or portion subject to the referendum]; 18600 [prohibiting the misrepresentation of the contents, purport, or effect of a petition].) The public policy underlying these statutory protections is clear: "No elector can intelligently exercise his rights under the initiative [and referendum] law without a knowledge of the petition which he is asked to sign...." (San Francisco Forty-Niners, 75 Cal. App. 41' at 644 (citation omitted).) To this end, California courts have categorically held that "where a � 97 05 1�3 Ms. Kimberly Ann Bird Page 2 March 21, 2001 petition does not comply with the reasonable objectives of statutes designed to protect electors from confusing or misleading information, its deficiencies threaten the integrity of the election process, warranting a refusal to file the petition." (Hebard v. Bybee 0 998) 65 Cal. App. 4th 1331, 1338 (emphasis added).) As stated recently by the California Court of Appeal in the context of rejecting an initiative measure because the petition contained objectively false information and it also incorrectly opined on legal issues concerning the prior adopted ordinance to which the initiative was directed (San Francisco Forty-Niners v. Nishioka, 75 Cal. App. 4`h at 650): The law is clear that election officials have a ministerial duty to reject initiative [and referendum] petitions which suffer from a substantial, as opposed to a technical, statutory defect which directly affects the quality of information provided to the voters . . . . Although courts are charged to construe the Elections Code to favor the people's awesome initiative [and referendum] power, 'the statutes designed to protect the elector from confusing or misleading information should be enforced so as to guarantee the integrity of the process.' Vd. at 644 (emphasis added).) For the past seventy-five years, California courts have categorically held that initiative and referendum petitions that result in voter confusion or misinformation may not be submitted to the voters. (See, e.g., Clark v. Jordan (1936) 7 Cal. 2d 248 [misleading short title in violation of then -existing Political Code]; Mervyn's v. Reyes (1998) 69 Cal. App. 4ch 93 [failure to include complete text of measure]; Hebard v. Bybee, supra, 65 Cal. App. 4th 1331 [inaccurate and misleading title of referendum measure]; Chase v. Brooks 0 986) 187 Cal. App. 3d 657 [failure to include complete text of initiative measure]; Nelson v. Carlson (1993) 17 Cal. App. 4th 732 [failure to attach general plan to referendum petition]; Creighton v. Reviczky (1985) 171 Cal. App. 3d 1225 [failure to include entire text of the ordinance subject to a referendum petition]; San Francisco Forty-Niners, 75 Cal. App. 4ch at 644-45 [discussing several of the cases cited above].) The petition is unintelligible and misleading in several respects. First, the petition purports to "petition for the repeal of a portion of Resolution No. 2001-09, and conditions attached thereto" that "amends La Quinta Code Chapter 9.65, Village Commercial District Section 9.65.030.a.2 Heights." This language appears to seek 06 293 Ms. Kimberly Ann Bird Page 3 March 21, 2001 the repeal of that portion of Resolution 2001-09 that "amends" La Quinta Code Chapter 9.65, yet the petition fails to identify or include the actual text of the Resolution or the conditions of approval that purport to amend La Quinta Code Chapter 9.65. The failure to include the actual text of the Resolution that the petition alleges "amends" the La Quinta Code fails to comply with Elections Code section 9238(b) and applicable case law. Second, the petition states that "Resolution No. 2001-09, and the conditions attached thereto ... amends La Quinta City Code Chapter 9.65, Village Commercial District Section 9.65.030.a.2 Heights." (Emphasis added.) Contrary to the assertions contained in the petition, neither Resolution 2001-09 nor the conditions of approval attached thereto amended any portion of the City's Code, including Chapter 9.65. Moreover, the incorrect assertion that Resolution 2001-09 amended the City's Municipal Code was further reinforced — and thereby further contributed to voter misinformation — by the attachment of La Quinta Code Chapter 9.65 to the petition. Voters reviewing the petition undoubtedly incorrectly concluded, based upon the misleading language contained in the petition, that Resolution 2001-09 amended City Code section 9.65.030.a.2 pertaining to the 35 feet building height requirement. Third, the last sentence of the second paragraph of the petition stating "we petition to repeal the portion of Resolution No. 2001-09, containing condition 15.A, which states, 'the height of the hotel shall not exceed 78 feet"' is, like the entirety of the petition, utterly confusing. While this language appears to seek the repeal of the entire condition 15.A, it only quotes the first sentence of section A. The actual intent and subject matter of the referendum petition is therefore left open for interpretation. Fourth, to the extent the petition purports to repeal a condition of approval to the Specific Plan, the failure to include the text of the Specific Plan, the object of Resolution 2001-09 and its conditions of approval, is fatal. Potential voters have no way of knowing the import of the repeal of the conditions of approval in the absence of being able to evaluate the Specific Plan itself. (See Nelson, 17 Cal. App. 4`h 732, 739 [invalidating a referendum petition because it failed to include the text of the general plan it sought to repeal stating "the resolution's focus was on the adoption of the plan and that document was incorporated into it. Without the plan individuals reviewing the petition had no way of informatively evaluating whether to sign it"].) 07 if.,99 Ms. Kimberly Ann Bird Page 4 March 21, 2001 Fifth, the misleading nature of the petition is demonstrated by the fact that the repeal of the first sentence of Condition No. 15A would actually permit the hotel to be one foot higher than what was approved in Resolution No. 2001-09. More specifically, Condition No. 15A placed a limitation of the height of the hotel structure. The Specific Plan itself authorizes a six -story hotel, which will not exceed 79 feet. (Specific Plan, p. 31.) Condition No. 15A requires the Specific Plan to be revised prior to the issuance of a grading permit to drop the hotel to 78 feet. (As proposed by the Planning Commission, the limitation was 55 feet.) The repeal of the first sentence of Condition No. 15A would remove any obligation to amend the Specific Plan with regard to the hotel structure. Therefore, without the first sentence of Condition No. 15A, Resolution No. 2001-09 approves the Specific Plan without any modification to the height limit stated on Page 31. This is certainly not what the signers were led to believe by the remaining portion of the petition. For these reasons, the petition is rejected and will not be processed further. Sincerely, June S. Greek, CIVIC City Clerk cc: Thomas P. Genovese, City Manager Kathy Jenson, City Attorney 3 �7 0 08 Mar-30-2001 13:13 From - PGffi. �)-a T-314 P.001/003 F-672 DATE: �e BEST $EST & KRIEGER LLP Post Office Box 13650, Palm Desert, CA 92255 74-760 Highway 111, Suite 200 Indian Wells, California 92210 Telephone: (760) $68-2611 Teleeopier: (760) 340-6699 TELECOPIER TRANSMISSION March 30, 2001 NAME I FAx No. PHONE No. June S Greek 777-7107 FROM: David J. Erwin RE- Referendum Petition re Santa Rosa Plata Project FILE No - UsEp, No JNo OF PAGES, INCLUDIM COVF-R- 3 MESSAGE: ORIGINAL TO FOLLOW: No CAUTION - CONF@ENTIAL: THE DOCLA ENP BEING I'ELECOPIED TO YOU MAY CONTAIN INFORMATION PROTCC'1'Ell RY THE ATTORNEY-CLIENI'/WORK PRODttCT PRIv fLEGE It is intended only for The p xson to whom a is addressed Iryou are nw the intendw reetfuent or an authonzed agent, then this is notice to you that dissemination, distribution or copying of thrs document is prohibiuxl If this was received in cror, plcasr call us at once and destroy the document IF YOU HXPF.RIEVCFANYDIFFICULTPWITH YHEQUALITYORCOMPLETENF_S!OFTHIS TRANSA11SSJ0XPI-F-4- CALL Alice RicharddsW (760) 568-2611. 301 Mar-30-2001 13:13 From - T-314 P-002/003 F-672 BEST BEST & KRIEGER I-I-P w CA"FORINIA WIRITED LIA0161T V 4`IAJ�;TNER$0PP IMCLUDinG PROF C5G10NAL CQN1OhAh4h4 LAWYERS ARTN4R L L�T77-FwOKTh' WILL"" R DwwPLFp- RICnARD T ANDLR--Qw Pnn O Wx UPnn a PRownM.• —C.AEL T ^NT- v FRAn C16 I BAT• PRAnC15 � BAUM• CL9RGF n nF•ca° GREGOR w F.POKCR GREGORTL nARDKG KE nO✓.Li n MwcvET GAV10 EL J LLCON• OO.G PHI r RLLAG LLIPS• GRL6OR+K Pm WILn1n�oN GENE R , VICTOWO LF O—Z' E O..vLER MO. -RP CwARP O G ZIP- IiO, nGN P DL1TZ Cn .loon R ELG AFCR .. MRTh m.I A M.IELEA nlc I EROuR sconcTeC 5 ,IICn. q C, -kA I•AE, ,w ORIAIAn n FFw�p- BRMOLEY E nEUFELD rcTcn n BARMACA 'Frrhev v Oi.nry CTCvFn C P-Pxun• EPIC L GARnER- OEn.aa In CDTA w Pe ACE ROOCRT w nwRBRE.VES O MlChAEL COWCTT aYUCE W SEACh xRLLnE PR.TER ".RN - .—W. n.CnELLE OUELLGTTL Kevin K RMh OOLPM C,nThIA n OERMAnO M-RcvcnRkq &TRA.0 KYLE.. SHOW Me6 b CLILPIh nIn .. P•wKna .0.n PCRLKRI cone. R.B.0 CARVALnO ,0.. D P,.lnnh EY PWIC C ogLLAROA RiCnAR M n caXR MERr RICnARP T GCCpR WILLIA ,n C 9 F,CR W �LLIAM 0 O. IING LL w�LunM D OAhunO �P •A PROFESSIONAL CONPOINATION Via Facsimile d V.& Mail June S. Greek, CMC, City Clerk CITY Of I A QUINTA P O Box 1504 La Quinta, CA 92253 DLRnIG L wlLLixne on O 1EIRT wFLL�= DAVID a Pgncocn nATLET C PETER-P, r<ooeN n eflnwFORO .r AEVIN P nOK81RR�T. CODUInC P— 49NNA w TMWC n a.R.. kn T ouCKnxry MYRIY F GLEE. w PRICE nxn•MlcnwE. MaLEOp ��MF3 N TPuc nb'10nE ROBER n P-7TR-Q ROBERT �.PNIIAMIDn AR•wn n bknxiP UAUL 4 P.P9 ONP PAUOV Lv8A I C.P PL ,,-n LYBA M GA MIE O RCP n xwnnE2 JQnn F rVRR- DORI�L LAwLR —1.0. CnOF T nucnps icon D APE nn�c nxn b OFRA �nneo [ TLRO n icngcL P POLIDUx KAREn M FREEMAN ,On. O n4G,FIBOTh AM n xLxTMY S ,,Bft—N.An nF3nwEKY CRAICF IIIMARCHALL mE FFREY G BALLVNGER n inERENO Z ,NTO..CC. Tn Fnk_.. E WOO uCC� n SEA,. w w00 E 3EAn MA ER TR—..Rrq T iRgry TRAC FZ II.III :L UL P`Jxow TRACE PMGL 1xa On C GPA.E ILw�An PRIEa7 a wooERN .ARY BETh COR LOSEY- CTTAM P-e E"EkaER cFRi=TInx x 1—1 E" -E,L Cn KRIb Try C VARIER Txn tl TNAn oxn.PL F nx'rz hx.narv0 6EbT,,n6a IGG]. vAMCG M ARICGLR 11 p 1 4 1 D774i EUGENC OCST I i OO] I Co I, March 29, 2001 Re Referendum Petition Re Santa Rasa Plaza Project Dear Ms Greek - Tw TOO n1Gn*^, I I I ¢VITL ZOO irvPlwn wGLLM oa_ P Foal OFFICE 66. .3ebO Px=n O—.T. cxLironnix o__ee TELEFnOnE 1760, 566 Ee � I (ELECOFI(i. 17bw 340 664b BenLAW COM OF Co..." enRI=TOPnGR L .xRPFnTCR nlCnx I, P nxnn•_• nC T jhOnx3R OD HALO F Znn nEfl• cnRIb'1`I- L OYFR O BRIAR REAER KKR^ w SMITh DIN^ O 1-RRIG W.RREn B O,VEM ROBERTU nANn. Pnn.FL c siivFn=on O—C's I R.Y[R=IPF IgoR, ebe 4o0 onTnAIP IOOGI G50 MBba ann 0'c.s0 1.1 w, ec 0-i >OJ OR—"E 17. Al G 3L. 6040 Filc No. 79658.00000 This office represents Santa Rosa Plaza, LLC with respect to its hotel project in the City of La Quinta. have had the opportunity to review your March 21, 2001 letter to Ms Bird regarding the Referendum Petition This office had conducted an independent review of the Petition and reached The same conclusion that you did. that the Petition is fatally flawed for the reasons described in your letter. if the Petition had been submitted to, and approved by, the voters, and the first sentence of condition number 15a had been repealed, the consequence would have been that the height limitation in the Santa Rosa Plaza Specific Plan would have remained unamended at 79 feet That is not likely the result that the Petition signers hoped to achieve. 3U2 W%U'L8* W W;90496 filar-30-2001 13:14 From- T-314 P.003/009 F-ST2 LAw OFFICES 4F BEST NEST & KRIEGER LLP June S. Greek, CMC, City Clerk City of La Quinta March 29, 2001 Page 2 As you may have heard, our clients have reached a settlement with the C.Q V E group that brought the CEQA action The settlement limits the hotel height to 55 feet. We believe the settlement achieves a reasonable compromise for all interested parties under terms that permit the Santa Rosa Plaza project to make a significant contribution to the vitality of the La Quinta community. Ve 1 you ave I W2 Zwin of 13EST BEST & KRIEGER LLP cc. Dan Brown, Santa Rosa Plaza, LLC 3()3 *wIVIw4% Apr-03-01 01:42pm From -CITY OF COACHELLA i� 41.3/z>/ T-986 P O1/01 F-977 _. A CA je, 04-03-01 13: 39 f�J 11yl.� L RECEIVED F m: P-01 04/03/01 TUE 11:26 FAX 310 207 7164 STRAW & GOUGH 12304 Santa Monica Blvd., Suite #300 Los Angeles, California 90025 Telephone: 310/8 2 6-7766 Facsimile, 310/207-7164 TO: FIRM NAME: DATE: # OF PAGES: DOCUMENT/ MESSAGE Wells Marvin Marvin Investments April 3, 2001 STRAW B GOUGH -i" LAWRENCE). STRAW, )a. PAA L T. GOUCH AX TR MIT FAX # 760/771.5057 4 (including this cover sheet) HARD COPY TO FOLLOW:_ YES X NO FROM: Lawrence Straw, Jr. CLIENT #: ONFIDENT�ALITY NOTIC Thank You The accompanying material being faxed is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering the message and the following document(s) to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message and the following document(s) to us at the above address via the United States Postal Service. Thank you. PLEASE PHONE (310) 826-7766 SHOULD YOU FAIL TO RECEIVE ALL OF THE PAGES, OR IF THERE ARE ANY PROBLEMS DURING TRANSMISSION r 300 U 4, UJ/U1 1L',Y, 11:0J Deb_, J1U GUI 1104 Jin+n � vv�au `�� STRAW &3 GOUGH LAW OFFICES 12304 5ANTA MONICA MI VO, 5 V ITc 300 LOB ANGELE5, CALIFORNIA 900a5 TELEPHONE 13101 826-7788 FACSIMILE (310) a07-716> April 3, 2001 Via FAX Wells Marvin 78-080 Calle Estado Suits 201 La Quinta, California 92253 Re: La Quinta Referendum Dear Mr. Marvin: FILE NO. 1387 I have reviewed the March 21, 2001, letter to Kimberly Ann Bird from the La Quinta City Clerk pertaining to the above -referenced referendum petition submitted to the City. It is my understanding that 1873 signatures were on the petition, representing approximately 20% of the registered voters in La Quinta. Apparently these signatures were obtained over a two week period. It is clear from her letter that the Clerk is misusing her ministerial authority to erect hyper -technical, artificial barriers to the placement of the referendum on the ballot. In my experience it is not at all unusual for municipal officials to improperly seek to prevent the People from the exercise of their reserved right of referendum in order to protect the political power structure in the community. This is not appropriate. The referendum power articulates one of the most precious rights of the democratic process. Associated Home Builders v. City of Livermore, 18 Cal.3d 582, 591 (1976). The courts have the duty to jealously guard the People's right of referendum and initiative. See Rossi v. Brown. 9 CalAth 698, 695 (1995). Initially, it should be noted page 3 of the City Clerk's letter contains incorrect factual information. It alleges the petition fails to include the text of that portion of Resolution No. 2001-09 which amends La Quinta Code Chapter 9.63. In fact, the entire text of Resolution No. 2001-09 (including conditions appended thereto) is attached as Exhibit "A" to the petition. Moreover, Chapter 9.65 of the La Quinta Code is attached as Exhibit "B" to the petition. Contrary to the allegations contained in the Clerk's letter, the petition fully complies with the provisions of Elections Code § 9238. Hence, a basic premise upon which the City Clerk contends the petition is defective is inaccurate. The City Clerk exceeds her ministerial duty when she attempts to present her legal 303 04/03/01 ''LIE 11:16 FAI 310 207 716.E 51XAIv s GULUh Uu"_ Wells Marvin April 3, 2001 Page 2 conclusion as to the interpretation of the text of the petition. Stating that no portion of the Resolution amended any portion of the City's Code, she contends that the statement in the petition that Resolution 2001-09 amends Chapter 9.65 is misleading. In fact, there was an amendment of the limitations set forth in the Code; the Resolution permits the construction of a structure exceeding the height limits set forth in the City's Code. Black's Law Dictionary, 5' Ed. defines the word "amend" to include alteration by modification, deletion or addition. Resolution 2001-09 certainly meets this definition with respect to its effect upon Chapter 9.65. The Clerk's letter also demonstrates she exceeds her ministerial ability where she attempts to parse the intent and subject matter of the petition. The petition is not unclear as to its object. It states it seeks the repeal of the ov rtion of the Resolution "[c]ontauung condition 15.A. which states, ` The height of the hotel shall not exceed 78 feet." There is nothing to be "lets open to interpretation". If the petition were to be approved by the electorate, only buildings of 35 feet would be permitted, not "[ojne foot higher than what was approved in Resolution No. 2001-09" as alleged by the Clerk in her letter. It should be noted that the petition makes no reference to the Specific Plan. It merely seeks the repeal of a portion of a Resolution which permits a structure to exceed a height limit set forth in a City Code. There is no need to append the Specific Plan as an attachment to the petition as alleged by the Clerk. The cases cited in the City Clerk's letter to support her position are not on point. For instance, in San Francisco Forty-Niners v. Nishioka, 75 Cal.AppAth 637 (1999), the court found that parties circulating an initiative had made "deliberately false statements" to induce voters to sign the initiative petition. Id. at 645. Here, there is no such contention. In BilliQ v. Vog_es, 223 Ca1.App.3d 962 (1990), the circulators of the referendum failed to attach the full text of the ordinance subject to the referendum petition; only the identifying number and title of the ordinance was provided. Id. at 966. As noted above, in the case of the La Quinta referendum petition, the complete text of the challenged resolution, including all conditions, was attached as Exhibit "A" to the referendum petition. Similarly; in He and v. B bee, 65 Cal.AppAth 1331 (1998), 179 out of 203 of the sections of the referendum petition contained an incorrect title of the ordinance subject to the petition. Id. at 1335-1336. The La Quinta referendum petition properly identified the Resolution, contains the full text of the Resolution which is the subject matter of the petition and the petition does not contain any misrepresentation as to the effect of the petition. Its object is so clear any layperson could understand it, Here, the City Clerk is not confronted with any of the obvious violations of the Elections Code or deliberate " misrepresentation as present in Nishioka, Billie and Hebard, The other cases cited in the City Clerk's letter are equally inapplicable to the factual situation presented by the La Quinta referendum petition. It is clear that the City Clerk's refusal to accept the petition under the circumstances 30, U4/UJ/Ul lUl. 11: L/ rAA JlU GUI /104 Jltt.fl1 6 UULtrn -VJ VVJ Wells Marvin April 3, 2001 Page 3 presented is in excess of her ministerial duty. In my opinion, if a legal challenge were mounted to contest the decision of the Clerk, the court would order the referendum onto the ballot, It has long been the judicial policy in California to apply a liberal construction to the referendum power whenever it is challenged in order that the reserved right of referendum not be improperly annulled. If doubts can reasonably be resolved in favor of the use of the referendum power, the courts will preserve it. Ass ciated Home Builders v. City of Livermore, supra, 18 Cal.3d at 591. There is, however, another alternative available to litigation. Elections Code § 9241 allows a city to repeal the ordinance against which the petition is filed in lieu of submitting the referendum to the voters. Here, signatures of approximately 20% of the registered voters in La Quinta were obtained in a two week time -frame. It would seem prudent under such circumstances for the City Council to repeal the offending language in Resolution 2001-09 either without an calling an election or without embroiling the City in litigation over this matter. Please contact me if you need any further information on this issue. Very ly yours, ence J. Stra �. LJS Jk 303 Lbw• Re$t. 3 - a 9%%0 TO: City Council of The City of La Quinta FROM: Kay Wolff SUBJECT: COMM CITY ATTORNEY CRrriQUE OF THE REFERENDUM DATE: April 3, 2001 Nearly 20% of the voters -of La Quinta have sent you a message. Their message is to reverse your approval of a 78 foot, six story hotel in the Village District, and to enforce the existing 35-foot, 2-story limit. The City Attorney submitted her opinion that text of the petition is "incorrect, confusing, and misleading." We disagree. We are not confused. We are not misled. We believe the City Attorney is the confused one. We hold that City Attorney's findings are both biased and in curare- She is biased in her assessment due to the fact that she is employed at the pleasure of the City Council, who voted 3-t on this issue. tier intent was to find fault with the text, and her reasoning is both prejudiced and flawed. The citizens of La. Quinta sincerely hope the City Council does not.choose to hide behind legal technicalities on this issue. We would expect you disregarb this opinion and simply reconsider the issue of hotel height. The Council was clearly misled by the developer when be stated that Embassy Suites only buitds 6-story hotels, it's the "signature hotel" of the chain. Look how quickly they were willing -to negotiate. Use your powers to negotiate on behalf of the electorate! Ms. Jenson has used her office to obfuscate the issues, She has made erroneous statements which can be challenged in a court of law. Our attorney, Mr. Larry Straw of Straw and Gough in Los Angeles, was a able to appear today, due to the short notice of this report. We would like to ask for a continuance of this issue till your next meeting, so that our legal counsel can make a presentation in person. 1. Ms. Jenson's first point is that neither Resolution 2001-09 nor the conditions of approval are attached to the petition. They were attached to each and every petition, for a total of 15 pages. 2. Ms, Jenson takes issue with the word "amend", This is a matter of semantics and does not cloud the. issue of whether the people of La Quinta wish to resolve this issue and see a 35-foot structure built. April '% 2001 page I 309 3. Ms. Jenson cites legal references in an attempt buttress her opinion and to cloud the will of the people. For example, she herself quotes statutory law, but in doing so, has put words in the mouth of statutory law records. In her quotation on page 2, she has inserted the words "and referendum" twice in her excerpt from San Francisco Forty-Niners v. Nishoika reference, attempting to make the case appear more relevant than it is. Who is deceiving whom now??? Ms. Jensen's quote from San Francisco Forty-Niners v. Nishoika should read: The law is clear that election officials have a ministerial duty to reject initiative petitions which suffer from a substantial, as opposed to a technical, statutory defect which direction affects the quality of information provided to the voters Although courts are charged to construe the Elections Code to favor the peoples' awesome initiative power, the statutes designed to protect the elector from confusing or misleading information should be enforced so as to guarantee the integrity of the process. ' 4. Second, the case law that Ms. Jenson refers to are not parallel cases. I looked up all these references, and only a few (3) relate to a referendum and most relate to unattached documents not relevant to our case: a) San Francisco Forty-Niners v. Nishoika (1999): The Forty-Niners sued to overturn an initiative measure blocking the construction of a football stadium. The initiative contained political slogans, such as "Stop the MaIVSave the Park" "We can overturn the Stadium Swindle" and "Why San Franciscans Want to Save Candlestick Park." The suit contended that the initiative contained "calculated untruths that substantially mislead and misinform the reasonable voter..." The La Quinta petition had no such misleading slogans, and there were deaxiy_no-ratculated- to-mislead-a_reasonable voter. b) Billig v. doges (1990): The City of San Luis Obispo adopted an ordinance that was challenged in a referendum. The petition included only the identifying number of title of the ordinance, for which it was rightfully rejected. The La Quinta petition challenged a resolution of the Council, and both the complete resolution and the complete section of the city code (Chapter 9.65: Village Commercial District) to which the resolution referred. A quote from the same decision, 'Technical difficulties in referendum petitions will not invalidate the petitions if they substantially comply with statutory requirements. (Assembly v. Deukmejian (1982) 30 Cal.3d 638, 652 [180 Cal.Rptr. 297, 639 P.2d 939].) In determining whether a petition is valid despite a technical defect, a paramount concern is whether the defective form of the petition frustrates the purpose of the technical requirement. (Ibid.) [1c] April 3, 2001 page 2 310 c) Clark v. Jordan (1936): A group drafted a California state-wide initiative to relate -taxes, .using a short title. The courts held that the to was misleading. The La Quinta petition has not beery challenged for inaccuracy of the title, which is simply the title of the resolution being challenged. This reference has no bearing on our petition. d) Mervyn's v Reyes (1.998): The City of Hayward adopted a general plan in which several acres owned by Mervyn's were rezoned to open space, parks and recreation. Mervyn`s was able to reverse this zoning, after which the people sought an initiative petition to restore the rezoning to open space. Although their effort addressed the general plan, the petitioners failed to attach any part of it, and the petition was rejected. The La Quinta petition did not address a general plan, or -even -the Santa Rosa Plaza Spec i€i -Plaur.only the resokdiorr changing the height limit. e) Hebard v Bybee (1998): The City of Campbell (City) adopted a rezoning ordinance that was challenged by a referendum. Midway through the circulation of the petition, it was determined that the title was incorrect. Only the sections of. the -peWonlbewing the correct title were admaed as vzbd. The La Quinta petition had no error in the title. f) Chase v. Brooks (1986): An initiative measure addressing a City of Vista ordinance was rejected because the ordinance itself was not attached. The La Quinta petition addressed only a resolution, which was included in its entirety. g) Nelson Y. CarLwn (1993): The City of Dana Point passed a general plan that was challenged in a referendum. The petition was rightly rejected, because they did not attach any portion of the general plan. The La Quinta petition addressed only the resolution that was attached in its entirety. h)1rlghton v Reviczky (1465): TheDb/ of+lermOSaBeach passed an ordinance for construction of a hotel/convention center complex, and provisions to alter public streets and an amendment of the local coastal plan. The referendum petition was rejected because the ordinance itself was not attached, only carried and shown to signers. The La Quinta petition addresses only Resolution f1o.2001-99, which was attached in its entirety. 5. Ask ANY of the 1843 signers what they thought they were petitioning for: They will all say, "We don't want a 78-foot 6-story hotel! Stick with the 35-foot limit!" b. There was no intent onthe part of the-PeMmn writers or circulators to deceive the public (which would be a misdemeanor). The text was clear to lay persons, and April'). 2001 page') 311 only an attorney has found fault with the wording. All necessary documents were included in the petition. There are no "fatal flaws". L if the City Council truly wishes -to represent their constituency, it will reject the City Attorneys assessment- as biased-, and put the issue to a vote. It is dear that the community has strong feelings on this issue, and if the Council is interested in listening to the electorate, it will submit this issue to a vote. A final quote from Forty-Niners v Nishioka, "The ballot box is the sword of democracy. A court will intervene in the initiative process only when there are clear, compelling reasons to do so. " We believe that a City Attorney U inherenWtoward Council action, and this attorney has provided neither clear nor compelling reasons to thwart the voice of the people, nor the sword of democracy. Please grant a continuance of this issue and place it on the agenda for the next meeting., so that our legal counsel can appear before you. Or, better still, reject the .opinion resented -by st=# a-zeconGter Ute hotel height as thq voters of to QuintaThave-asked. Thank you. April 3, 2001 page 4 31� Apr 03 01 02:58p Diane L. Abdelnour (7601771-1863 -b-aiiT-1C'3 —� City of La Quinta 78495 CalleTampico La Quinta, Ca 92253 4 PT. r tc : "tom �t4 D Ms. Diane Abdelnour 47665 Via Florence La Quinta, Ca 92253 April 12001 Attu: Mayor: John Pena City Council Members: Don Adolph, Ron Perkins, Stanley Sniff, Terry Henderson Subject: Issues to be Discussed at the City Council Meeting on Tuesday, April 3, 2001 Dear Mr. Mayor and Council Members: As a resident of Lake La Quinta, I am concerned with the following proposals which I am told will be brought before the City Council Meeting on Tuesday, April 3, 2001, at 7:00 PM at La Quinta City Hall: I am very concerned regarding the proposed Omri & Boni Restaurant on Washington Street and Lake La Quinta Drive. I am not opposed to an addition of a high Seale restaurant in the area, but I believe this restaurant is not architecturally compatible with the area With the surrounding Spanish architecture of Lake La Quinta, Rancho La Quinta, the Angel View, Laguna De la Paz, La Quinta Resort, the Citrus, etc., this structure does not enhance the area as it is proposed It just doesn't fit in with the surrounding development. I would prefer to see an elegantly structured building to add to the ambience of the area - My second concern is the proposed four-story hotel complex to be placed on Calle Tampico. I understand that you are attempting to attract high -end businesses in the area, but I believe that a four-story hotel will obstruct We views of the beautiful Santa Rosa Mountains while driving toward and through the city. If you allow this hotel to be built, you will set a precedent for additional high story structures to be built in the city. Once approved, I don't think it will be lawful to turn down additional developers who will want to build high rise buildings in the area I did not have the opportunity to sign the petition to prohibit this structure from being built, but I would have liked to be given the opportunity. I also understand that the petition has been ruled unlawful due to the wording of the petition But the fact remains that more than 1,800 residents are against this hotel as well, (I suspect) as tinny more that have not seen the petition, who are against the construction of this four story building Technicality or not, the fad remains that a large majority of residents of La Quinta do not want high rise structures in this city. Especially south of Highway 1T1_ My third concern is the proposal of more fast food restaurants on Highway III, namely Burger King Personally, I would prefer to see upscale restaurants similar to the restaurant row in Rancho Mirage, rather than a row of fast food restaurants similar to what I see on Highway III in Indio. I am not totally against fast food restaurants, but I believe they should be kept to a minimrnn Before purchasing a home on Lake La Quinta, I looked at every model home from Rancho Mirage, Palm Desert, Indian Wells to La Quinta- 1 chose to live in La Quinta because the city has the most beautiful mountain views and quiet small town atmosphere in the area I moved from a large city, worked for a large corporation and warned to settle in a serene atmosphere Friends and family are impressed vvilh the mountain views driving south from the Interstate 10. I see a lot of potential for this city and would like it to remain as beautiful and desirable to live in 20-30 years from now as it is today. I believe high rise structures and low -end businesses will diminish the value and beauty of the city. l hope the City of La Quints has developed strict architectural design guidelines and policies for every future structure. Sincere Diane Abdelnour CCU r Ire 313 04-03-01 13:57 RECEIVED FROM:760 771 1863 P.02 Apr 03 01 O2:57p Diane L. Abdelnour (760)771-1863 P. 1 facsimile tmmmittal Dime L. Abdelno 47665 Via Ploreeae La Quuua, Ca. 92253 i'Lau: (760) 771-1863 Fax (760)771-1863 To: City of La Quinta From: Diane L. Abdelnour Fax: 777-7101 Date: April 3, 2001 Phone: [Click here and type phone number] Pages: ,Z. Re: [Click here and type subject of fax] CC: [Click here and type name] x Urgent ❑ For Review ❑ Please cammerrt ❑ Please Reply ❑ Please Recycle Nubes: [Click here and type any comments] 04-03-01 13:57 314 RECEIVED FROM:760 771 1863 P.91 T-iht 4 4aQ" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Public Hearing to Consider an Appeal of the Planning Commission's Decision of February 27, 2001, Requiring the Applicant to Enter into an Improvement Agreement and Bond for 50 Percent of the Cost of a Sidewalk, Curb, and Gutter Between the Point Happy Development and the Cliff House Restaurant Entry Drive Pursuant to Resolution 2001-025, Condition 10.B. Appellant: Cliff House Restaurant RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J- Adopt a Resolution of the City Council denying the applicant's appeal and uphold the Planning Commission's action requiring the applicant to enter into an Improvement Agreement and bond for 50 percent of the cost of a sidewalk, curb, and gutter between the Point Happy development and the Cliff House Restaurant entry drive pursuant to Resolution 2001-025, Condition 10.13. FISCAL IMPLICATIONS: None. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Planning Commission at its February 27, 2001 meeting (Attachment 1) approved the addition of 32 tandem parking spaces, subject to conditions. The applicant is appealing the following condition: 10. The applicant shall participate in the following street improvements to conform with the General Plan street type noted in parentheses. Public improvements shall conform with the City's General Plan in effect at the time of construction. 315 G:\W PDOCS\ccjhCliftHouscAppeaLwpd B. Highway 111 (Major Arterial) - applicant shall enter an improvement agreement and bond for 50% of the cost of a sidewalk, curb and gutter between the Point Happy development and the Cliffhouse entry drive. Applicant shall be responsible for paying 50% of the cost of the sidewalk. Appeal The appellant, Mr. Richard Boudreau, representing the Cliff House Restaurant, stated in his appeal: Parking lot expansion is necessary for safety reasons. The sidewalk is a separate issue with no bearing to lot expansion. 2. Why would the Cliff House be responsible for 50 percent of the sidewalk?? We only own a third. Project Request The Planning Commission approved under Site Development Permit 2001-692, the addition of 32 tandem parking spaces to the existing Cliff House Restaurant. Twenty- one conditions were placed on the applicant's request (Attachment 2). The Public Works Department submitted a Department Report (Attachment 3) to the City Council on February 6, 2001, addressing the issue of constructing a sidewalk on the north side of Highway 1 1 1 across from the Von's Shopping Center, between the Cliff House Restaurant and Point Happy Development. The minutes of that meeting reflect Council's direction for staff to return with a Request for Proposals (RFP) and design concept as well as funding alternatives for construction and design costs (Attachment 4). The Public Works Department is currently preparing the RFP for future consideration by the City Council. Public Notice: The appeal was advertised in the Desert Sun newspaper on March 23, 2001. All property owners within 500 feet of the affected area were mailed a copy of the public notice as required. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: Adopt a Resolution of the City Council denying the applicant's appeal and uphold the Planning Commission's action requiring the applicant to enter into an Improvement Agreement and bond for 50 percent of the cost of a sidewalk, curb, and gutter between the Point Happy development and the Cliff House Restaurant entry drive pursuant to Resolution 2001-025, Condition 10.B.; or 31G 00� G:A W 11DOCS\ccjhC1 iff}3ouscAppeal.wpd 2. Direct staff to prepare a Resolution eliminate Condition 10.13 from the Commission Resolution 2001-025; or 3. Provide staff with alternative direction. Respectfully sybmitted: rry H4rman immunity Development Director Attachments: approving the appellant's request to Conditions of Approval for Planning Approved for submission by: Thomas P. Genovese, City Manager 1 . Planning Commission Minutes of February 27, 2001 2. Conditions of Approval for Site Development Permit 2001-692 3. Public Works Department Report for February 6, 2001 4. City Council Minutes for February 6, 2001 G:A W PDOCS\ccjhCI ifH IouseAppcal.wpd i RESOLUTION 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION FOR THE REVISED PARKING LOT AND, LANDSCAPING, FOR THE CLIFF HOUSE RESTAURANT CASE NO.: SITE DEVELOPMENT PERMIT 2001-692 - APPEAL APPLICANT: CLIFF HOUSE DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of April, 2001, hold a duly noticed Public Hearing to consider the appeal of the Cliff House Development, LLC regarding Condition #10.13 of Planning Commission Resolution 2001-025 requiring the applicant to enter into an Improvement Agreement and bond for 50 percent of the cost of a sidewalk, curb, and gutter between the Point Happy development and the Cliff House Restaurant entry drive, located at 78-250 Highway 1 1 1; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27"' day of February, 2001, hold a duly noticed Public Hearing to consider the request of Cliff House Development, LLC and approved the revised parking lot and, landscaping plans for the Cliff House Restaurant in the CC Zoning District, located at 78-250 Highway 1 1 1, more particularly described as: PARCEL 3 OF PARCEL MAP 22596 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the Community Development Director has determined this request is categorically exempted by the guidelines for implementation of the California Environmental Quality Act (CEQA) per section 1 531 1, class 11 . Therefore, no further assessment is deemed necessary. 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 find facts and reasons in Planning Commission Resolution 2001-025 to justify denying the appeal of the applicant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 313 G:\WPDOCS\CCResoCliffSDP.wpd o3 A Resolution 2001- Site Development Permit 2001-692 - Cliff House Restaurant Appeal of Condition #10.B April 3, 2001 2. That it does hereby deny the applicant's appeal to the requirements contained in Condition 10.B. of Planning Commission Resolution 2001-025. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 3rd day of April, 2001, by the following vote, to wit: 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 3i3 G:\WPDOCS\CCResoCliffSDP.wpd ©3$ ATTACHMENT #1 Planning Commission Minutes February 27, 2001 recommendation was no, people would be diverted to 48`h Avenue Id make a U-turn if they want to go north on Washington Street. 20. Chairman Robbins stated he did not support tha!/1hen and does not support it now. 21. There being no further discussion, it was ved and seconded by Commissioners Abels/Butler to adop Planning Commission Resolution 2001-023, recommeeeclaration g Certification of an Addendum to a Mitigated Negative of Environmental Impact for Environmental ssessment 2001-41 1, as recommended. ROLL CALL: AYES: CommissionXs Abels, Butler, Kirk, and Chairman Robbins. NOES: ommissioner Tyler. ABSENT: None. ABSTAIN: Non . 22. It was moved a seconded by Commissioners Abels/Butler to adopt Planning ommission Resolution 2001-024, approving Tract Map 24230, mendment #1, as recommended. 23. Commis 0oner Kirk stated he did not believe Commissioner Tyler w1/target target on this in a lot of ways. He is still in support of the proje t largely because he knows how hard staff works to keep our rimary Arterials free of interference and he thinks they have d ne a nice job on this one and it perhaps is not the best of ircumstances, but reasonably good enough for him. CALL: AYES: Commissioners Abels, Butler, Kirk, and Chairman Robbins. NOEaL-Caniaii& �'-TyleF. ABSENT! Name-. TAIN: None. D. Site Development Permit 2000-692; a request of Cliff House Development LLC for an addition of 32 tandem parking spaces to the existing parking lot for a restaurant located at 78-250 Highway 1 1 1 . 1 . Chairman Robbins opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3:.0 " G:\WPDOCS\PC2-27-01 .wpd 15 Planning Commission Minutes February 27, 2001 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked what staff's interpretation is of the current access in and out of the Cliff House. Senior Engineer Steve Speer stated there is mixed signage. There is a "right turn only" sign as you are exiting. This is how the project was originally Conditioned by Council. As Highway 1 1 1 is under State control, the applicant petitioned Caltrans to revise the striping to allow left turns. So now there is median stripping that allows left turns and a sign that does not allow left turns. Commissioner Tyler asked why staff could not remove the right turn only sign, as that was within the City's control. Staff stated that if the Commission wishes to make it a part of the conditions, staff will remove it. Staff has not done so because the condition on the project is that it is right turn only. It is within the Commission's power to direct staff to remove it. Commissioner Tyler asked if the requirement for the sidewalk could be removed. Community Development Director Jerry Herman stated it was an amendment to the project and staff is dealing with the project. Senior Engineer Steve Speer stated the sidewalk was to go between the Point Happy project and the Cliff House restaurant. Commissioner Tyler stated he understood but it was still in the speculation stage and may or may not get Caltrans approval. Staff stated the City Council has directed staff to look into the cost and staff has completed that review and there is an existing eight foot wide paved shoulder and outside of the existing paved shoulder there is another six or seven feet before you get to the fence. So there really is room to put the curb and gutter at the existing pavement and still have six or seven feet to the fence. 3. Commissioner Kirk asked if staff had any concerns. Staff stated they are looking for a way to help pay for the sidewalk. In regard to the right turn only sign, staff has no objection to removing it. 4. Chairman Robbins asked if there was any other public comment on this project. 5. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioner Tyler/Butler to adopt Planning Commission Resolution 2001-025 approving Site Development Permit 2000- 692, as amended: 3 �2) 1 00 G:\WPDOCS\PC2-27-01.wod 16 Planning Commission Minutes February 27, 2001 a. Condition added to remove the "right turn only" sign. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. SIGN APPROVAL 2001-536; a request of M & H Realty Partners for an amendment to a sign progra at the southwest corner of Washington Street and Highway 1 1 1, wi in Plaza La Quinta Chairman Robbins opened the public hearing d asked for the staff report. Planning Manager Christine di 1 to stated a request had been received from the applicant to c tinue this project. It was moved and seconded by Com issioners Abels/Kirk to continue Sign Approval 2001-536 t arch 131h. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN M/9CrERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner T/'oint report of the City Council meeting of February 20, 2001. B. Community Det Director Jerry Herman informed the Commission of teeting between the City Council and Planning Commission on001. IX. ADJOURNMENT: There being no furth business, it was moved and seconded by Commissioners Tyler/Butler 1: adjou this regular meeting of the Planning Commission to the next regular meeting of a Planning Commission to be held March 13, 2001, at 7:00 p.m. This meeting of t e Planning Commission was adjourned at 9:26 p.m. on February 27, 2001. Respectfully /submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California ^ - ? "5 U 6 a G:\WPDOCS\PC2-27-01 .wod 17 ATTACHMENT #2 PLANNING COMMISSION RESOLUTION 2001- 025 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2001-692 CLIFF HOUSE RESTAURANT FEBRUARY 27, 2001 GENERAL The applicant 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 permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant shall develop the revised parking lot and landscaping as illustrated on the plans labeled Exhibits "A" and "B", contained in the file for this application. PROPERTY RIGHTS 3. 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. GRADING 4. Prior to any work in the Right of Way, applicant shall obtain an encroachment permit from all appropriate agencies. 5. 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. 6. 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. 7. 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. DRAINAGE 8. Nuisance water shall be retained on site and disposed of in an approved manner. . FP:AJERRY\PCCOA-SDP-01-692.wnd Printed March 28.2001 Pa> I of ° PLANNING COMMISSION RESOLUTION 2001-025 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2001-692 CLIFF HOUSE RESTAURANT FEBRUARY 27, 2001 9. 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. STREET AND TRAFFIC IMPROVEMENTS 10. The applicant shall participate in the following street improvements to conform with the General Plan street type noted in parentheses. Public improvements shall conform with the City's General Plan in effect at the time of construction. A. Bike Path - applicant shall pay pro-rata share of Bike Path adjacent to the project site, along the side of the Coachella Valley Stormwater Channel. Pro-rata share shall not exceed $30 per lineal foot of 8-foot wide PCC Bike Path. B. Highway 111 (Major Arterial) - applicant shall enter an improvement agreement and bond for 50% of the cost of a sidewalk, curb and gutter between the Point Happy development and the Cliffhouse entry drive. Applicant shall be responsible for paying 50% of the cost of the sidewalk. 1 1 . Parking lot 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. 12. 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. 3 4 PAJERRY\PCC0A-SDP-01-692.wpd Printcd March 28, 2001 Page 2 of4 PLANNING COMMISSION RESOLUTION 2001-025 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2001-692 CLIFF HOUSE RESTAURANT FEBRUARY 27, 2001 LANDSCAPING 13. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 14. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. 15. Final landscaping plans shall be submitted for review by the Community Development Department prior to issuance of any permit for this project. The plans shall comply with the plan approved by the planning commission. QUALITY ASSURANCE 16. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. MAINTENANCE 17. 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. FEES AND DEPOSITS 18. 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. MISCELLANEOUS 19. The proposed parking lot expansion will impact the CV Water District's right-of- way along the Deep Canyon Stormwater Channel. The District will require the developer to obtain an encroachment permit from the district prior to construction. 20. A minimum 25% of the parking spaces, provided for the restaurant, shall be made available for self -parking during valet hours. 3 " J P:AJLRRY\PCCOA-SDP-01-692.wpd Printed March 28, 2001 Page 3 of 4 PLANNING COMMISSION RESOLUTION 2001-025 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2001-692 CLIFF HOUSE RESTAURANT FEBRUARY 27, 2001 21. All applicable conditions contained in Plot Plan 89-417, including any amendments, shall still apply unless amended by these conditions. 22. The right turn movement restriction is removed and the applicant is required to remove the sign depicting this restriction. 3 G P:VERRY\PCCOA-SDP-01-692.wpd Printed March 28, 2001 Page 4 of �a� r 4 OF T1 O ATTACHMENT #3 TO: Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer �l�v DATE: February 6, 2001 SUBJECT: Public Works/Engineering Department Report Cliffhouse Sidewalk Request During the October 3, 2000 City Council Meeting, Richard Boudreau, the owner of the Cliffhouse Restaurant, addressed the City Council regarding installing a sidewalk on the north side of Highway 1 1 1, across from the Vons Shopping Center, between the Point Happy Development and the Cliffhouse Restaurant. The City Council requested staff to investigate this issue with Mr. Boudreau. During the November 7, 2000 City Council Meeting, the City Council reviewed a Public Works/Engineering Department Report regarding the above referenced subject. Included as Attachment 1 is a copy of the November 7, 2000 Public Works/Engineering Department Report - Cliffhouse Sidewalk Request. The City Council directed staff to meet with representatives of the Cliffhouse Restaurant and the Point Happy Development to discuss the concept. On January 5, 2001, a meeting was conducted in regard to the above referenced subject with the following in attendance: Richard Boudreau, Cliffhouse Restaurant Richard Wilkerson, Managing Member of Madison Development Jerry Herman, Community Development Director Christi di lorio, Planning Manager Chris A. Vogt, Public Works Director/City Engineer Steve Speer, Senior Engineer During this meeting, the concept of a sidewalk adjacent to Highway 1 1 1 on the north side between the Point Happy Development and the Cliffhouse Restaurant was discussed. Richard Boudreau stated that whether a sidewalk was present or not, pedestrians would walk along this area to access the Cliffhouse Restaurant and he felt that it was a safety issue. 3 i 1VVCP.IRM..N�ci0.a1MM Mr. Boudreau asked what steps were required in order to install the requested sidewalk on the north side of Highway 1 1 1, and what the approximate cost would be. Staff informed Mr. Boudreau that the actual design must be approved by Caltrans, since Highway 1 1 1 and the right-of-way adjacent to Highway 1 1 1 including a portion of the rock is within Caltran's jurisdiction. Therefore, it is unknown what the conditions would be or the cost. Caltrans may require a guard rail with a 6' sidewalk and a barrier to protect the pedestrians and street from rock slides. Caltrans may also require that the rocks be cut back and stabilized; however, this is all speculation. City staff has discussed this project with Caltrans. One representative of Caltrans stated that her office would not oppose the project if the City were in favor of it; however, with the number of layers of Caltrans responsibilities and offices, this may or may not be the final Caltrans position. Therefore, the first step required would be the application to Caltrans for a sidewalk. Mr. Boudreau asked if the City would complete the project or if it was the developer's responsibility. Staff informed Mr. Boudreau that a sidewalk in this area is not within the City's CIP and has not been budgeted. Mr. Boudreau stated that he would talk to a number of the City Council Members in order to determine if there was support. At the beginning of the meeting, Mr. Wilkerson did not state objections to the sidewalk; however, he stated concern with public safety and did not want a sidewalk to encourage the public to walk along Highway 1 1 1 . Mr. Wilkerson stated that he felt the pedestrian/bike path around the north side of the rock, as required by condition, would connect the properties more safely. The Cliffhouse Restaurant was conditioned upon approval to pay for a share of the "Riverside County Bike Path" around the north side of the existing rock between the Cliffhouse Restaurant and the Point Happy Development. Point Happy Development was also conditioned to pay a portion for the construction of the bike path. When the conditions were established for the Cliffhouse Restaurant and the Point Happy Development, they were specific that the access around the north side of the rock was for a bike path. At the end of the meeting, Mr. Wilkerson and Mr. Boudreau were both asked if they supported the sidewalk. Mr. Boudreau stated that he feels a sidewalk placed on the north side of Highway 1 1 1, south of the existing rock, would make the area safer. Mr. Boudreau believes that pedestrians will walk along the north side of Highway 111 regardless of the presence of a sidewalk. Mr. Wilkerson stated that he was not in support of a sidewalk at the location suggested by Mr. Boudreau and, if the sidewalk were to be put in place against the Point Happy Development objection, then the Point Happy Development would seek indemnification from the City and State for all lawsuits that may arise due to any accidents caused by the sidewalk. 3 2,111 '• „ ,s DEPARTMENT REPORT: a --A- T4t�t 41wa" TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer �� DATE: November 7, 2000 RE: Public Works/Engineering Department Report - Cliffhouse Sidewalk Request During the October 3, 2000 City Council Meeting, Mr. Richard Boudreau of the Cliffhouse Restaurant, requested the installation of a sidewalk along the north side of Highway 1 1 1 from the western end of the Point Happy project to the entrance to the Cliffhouse Restaurant. City Council requested staff to investigate this issue with Mr. Boudreau. The following are the results of that investigation: On April 25, 2000, the Planning Commission conducted a Public Hearing for establishing conditions on the Specific Plan for the Point Happy project. During that Public Hearing, the Planning Commission briefly discussed a sidewalk connecting the Point Happy project with the Cliffhouse Restaurant. The Planning Commission did not condition the developer of the Point Happy project to construct the sidewalk since it was offsite and members of the Planning Commission were not convinced that a sidewalk connecting the two sites would provide a safe condition. The applicant indicated a preference for the area to be fenced off. Included as Attachment 1 is a copy of the minutes from the April 25, 2000 Planning Commission Meeting. The sidewalk issue was addressed under Notes 15, 23, 27, 28, and 33. On June 20, 2000, the City received a letter dated June 16, 2000 from Mr. Richard Boudreau in regard to the above referenced subject. Included as Attachment 2 is a copy of Mr. Boudreau's June 16, 2000 letter to the City. During the week of July 17, 2000, City staff had a brief conversation with Mr. Boudreau regarding his concern. According to Mr. Boudreau, he requested that • Caltrans place a sidewalk along the Highway 1 1 1 corridor connecting the new Point Happy development and the Cliffhouse Restaurant property. Mr. Boudreau stated that Caltrans representatives informed him that the sidewalk was not a Caltrans responsibility. ,a T!WW DEPT\COUNCIL120001001107 a. wDE On July 21, 2000, City staff contacted Ms. Diana Barich of Caltrans District 8. Ms. • Barich is the Division Chief, in charge of operations and permits for Caltrans. Ms. Barich stated that Caltrans is not in the position to install sidewalks along Highway 1 1 1. Ms. Barich further stated that if the property owners or developer wish to place sidewalks, they would have to have plans approved by Caltrans and obtain a permit from Caltrans for the installation. After the October 3, 2000 City Council Meeting, staff contacted Mr. Boudreau and again discussed Caltrans requirements for the sidewalk. Mr. Boudreau informed City staff that a Caltrans representative informed him that the project is not a Caltrans responsibility and would be a City project. On October 11, 2000, City staff contacted representatives of Caltrans District 8. During the conversation, City staff discussed the issue of the sidewalk between the Cliffhouse and the Point Happy Project with a representative of Caltrans Planning Division and another representative of Caltrans Highways and Operations Division. The Caltrans representative from the Highways and Operations Division informed staff that Caltrans had a meeting with representatives of the Point Happy project during the project's approval process. During that meeting, Caltrans discussed the sidewalk between the Cliffhouse Restaurant and the Point Happy development. During this discussion Caltrans stated that they informed the developer that if the City wished to have a sidewalk between the two developments, Caltrans would support it; however, Caltrans would not build it and a Caltrans permit would be required from the developer. Prior to obtaining a Caltrans permit, the developer must have a registered engineer complete the design for the sidewalk which would ensure the safety of the pedestrians. This design may also include changes to the crossing of Highway 111 at the Plaza La Quinta traffic signal. Caltrans representatives then informed City staff that the representatives of the Point Happy project informed him it was not in the Point Happy development's interest to build a sidewalk, since the Cliffhouse patrons would utilize the Point Happy parking lot for Cliffhouse parking. Included as Attachment 3 is a copy of Parcel Map 22596. This Parcel Map shows the State right-of-way along Highway 111 and Parcels 1, 2, and 3. Parcel 3 is the area of the Cliffhouse Restaurant, Parcel 2 is the non -buildable parcel which is the large rock hill separating the Cliffhouse from the Point Happy project, and Parcel 1 is the portion of the Point Happy project. As can be seen on Attachment 3, the State right-of-way parallels the centerline of State Highway 111 to the north of State Highway 111; however, in the area of a large rock (Parcel 2), the right-of-way jogs at an angle to the north for a distance of approximately 86' perpendicular to the north right-of-way line of Highway 111. It is assumed that this additional right-of-way provides Caltrans with the control over that portion of the non -buildable parcel in order to ensure the stability of the rock face and protect the motorists along State • Highway 1 1 1. 3 3 0 • Caltrans staff has indicated that Caltrans would consider plans if Mr. Boudreau of the Cliffhouse Restaurant wished to install a sidewalk on the north side of Highway 1 1 1 between the Point Happy project and the Cliffhouse Restaurant. Caltrans will require plans that are prepared by a registered engineer, a design that ensures pedestrian safety, and City support. Caltrans would continue to have the liability. Caltrans approval of the plans and a Caltrans permit are required. On October 12, 2000, City staff informed Mr. Boudreau of the discussions with Caltrans. City staff and Mr. Boudreau also discussed conditions placed upon the Cliffhouse Restaurant Development that were established on May 15, 1990. City staff informed Mr. Boudreau of the following conditions: No. 16. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include but are not limited to: a. Landscaped median island b. Curb, gutter, and sidewalks No. 17. Applicant shall participate in the installation of his share of the Riverside County Bike Path along Whitewater Storm Channel as required by the City of La Quinta if deemed necessary. Mr. Boudreau stated he was not aware of these conditions and requested a copy. Staff forwarded a set of the conditions to Mr. Boudreau for his information. Attachment 4 is a copy of the Cliffhouse Restaurant Development Conditions established on May 15, 1990. Chris A. Vogt Public Works Director/City Engineer Attachments: 1. April 25, 2000 Planning Commission Minutes 2. Mr. Boudreau's June 16, 2000 letter 3. Parcel Map 22596 4. Cliffhouse Restaurant Development Conditions 331. T•IMMMICOUNCIU2000\001107a. wDd ATTACHMENT 1 0 Planning Commission Meeting April 25, 2000 C. Environmental Assessment 2000-395 Specific Plan 2000-043 Conditional Use Permit 2000-049; a request of Madison/P.T.M. La Quinta, L.L.C., for certification of a Mitigated Negative Declaration of Environmental Impact, approval of design guidelines and development standards for a 72,950 square foot commercial center, and approval for a service station on the northwest corner of Highway 111 and Washington Street. 1. Chairman Kirk opened the Public Hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report., a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if the Commission was also approving the sign program. Staff stated yes: Commissioner Tyler stated the Specific Plan on page 36 states it is conceptual and yet on page 39 it proposes a very detailed sign program. Planning Manager Christine di lorio stated it is staff's intent to approve the • program and each tenant would submit an application for its own specific sign. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Peroni, Dudek and Associates, representing the applicant made a presentation of the project. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked about the huge rock that would be excavated. Mr. Peroni stated the applicant has tried every way to negotiate with Caltrans to resolve the intersection and this is the solution. Commissioner Tyler asked if the rock painting technique was successful. Mr. Peroni stated that in other cities in the Valley it has been successful. 5. Commissioner Butler stated his concerns were the shopping center itself and its tenants and would bring them up later. 6. Commissioner Abels asked- about the entrance on Highway 111 into the center. Mr. Peroni stated it is due to the type of • businesses going into the center. It tends to assist in distributing the traffic through out the center. 33� CAMy Documents\WPDOCS\PC4-25-20.Wpd 16 Planning Commission Meeting April 25, 2000 . 7. Chairman Kirk asked if the road bed could be raised any more. Mr. Peroni stated the elevation was raised four feet and swales down to grade and goes back up two feet. If it is made much higher it will be a hazard in its own right. They are still refining the grading plan to reduce the amount of cut. Chairman Kirk stated there appears to be two apexes of cut. Mr. Peroni explained the cuts. Chairman Kirk stated it appears the road could be brought in further rather than into the toe of the slope. Mr. Peroni stated that in the back there is a rubble condition where there is a lot of rubble and rock. The thought was to clean this area up and create more buildable space. 8. Commissioner Abels asked if this project was within the Hillside Ordinance requirements. Staff stated the property is not subject to the Hillside Ordinance. 9 9. Mr. John Vuksic, architect for the project, stated the style of the project is Spanish colonial and features many elements of that vernacular such as multi pane windows, exposed timbers, stone details and columns, cornice details, smooth plaster and clay the • roofing, etc. The basic colors are off white and adobe with accents of coral, and chocolate and various brownish hues, as shown on the color board. Landscaping will be incorporated into the architecture in the form of pots which provide opportunities for vining over trellis works and covered walkways. There are also opportunities for set in details which provide opportunities for uniqueness for the individual tenants and opportunities for artwork as well 10. Commissioner Tyler stated he likes what is presented but asked about the use of canvas awnings. They are a nice touch, but not conducive to the desert weather. Mr. Vuksic stated the canvas awnings provide a friendly dynamic to the buildings and softens the architecture. Some weathering when looking at Spanish architecture, adds to the look. 11. Mr. Rick Wilkerson, representing the owners Madison TPM LLC stated the owners comprises three people, Pete Thomas Mann, Michael Shovlin and himself. They are all full time residents of the Valley but this is their combined first development in the desert, but several around the Unites States. He is providing this • information because they are serious developers who try to bring 3 quality to their developments and hope this project will be a cornerstone of development in La Quinta. In regard to the, architecture, these are options offered to the tenants. Planning. Commission Meeting April 25, 2000 12. Commissioner Tyler stated the Specific Plan talks about carports; are they intended to be used by the tenants or users. Mr. Wilkerson stated there is one parcel where there will be an office building and carports will be offered for those tenants. 13. Mr. Richard Tate, Tate and Associates, representing Tosco Corporation, a prospective tenant, the service station, stated they had a question regarding the process to make a determination on a public convenience or necessity for the sale of beer and/or wine. Planning Manager Christine di lorio stated the City has no specific requirements, and it is processed through the Alcoholic and Beverage Control (ABC) agency. Mr. Tate states ABC requires that if it is an 'over concentrated census district", they will require a finding of convenience or necessity for a Class. 20 license. Community Development Director Jerry Herman stated the City Council has authorized the City Manager to make such a determination. 14. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 15. Commissioner Robbins stated there is a discrepancies in the Specific Plan and the conditions. The staff report on Figure #5 states the total parking required 388 and Table II of Specific Plan states 379. Staff clarified the total parking is 379. A condition has been placed on the Specific Plan to clean up these errors. Commissioner Robbins stated that overall it is a good plan. In regard to the area near the mountain there is a sidewalk and it does not lead to the Cliffhouse restaurant and it can be a dangerous situation. Staff stated this area is not a part of their property. Commissioner Robbins stated off -site improvements are required at all times and someone is going to walk from this shopping center to the restaurant and it is going to be a very dangerous situation. He would like to see a condition added requiring the sidewalk. Community Development Director Jerry Herman stated it will require more of the rock to be removed because of the distance of the slope of the rock and potential rock falling on the pedestrians. Caltrans does not allow you to build in a parking shoulder and contains the sewer line. Commissioner • Robbins stated he was also concerned about the landscaping. The front has been given careful consideration, but no consideration 3 3 t has been given to what it looks like on the rear side and should be addressed. Figure 10 shows the entrances with a lot of green; is, 0e)I C:\My Documents\WPDOCS\PC4-25-20.wpd 18 Planning Commission Meeting April 25, 2000 this turf or what? Staff stated that along Highway 111 it will follow the Design Guidelines for Highway 111 which includes shrubbery, Palm Springs gold and turf. Commissioner Robbins asked if the carports would be constructed of steel. If so, he would like a condition that they will not be allowed. Another concern is with the proposed monument signs. They do not match the rest of the center. Also on page 43 of the Specific Plan it states a walkway will be provided from the bus shelter to the medical facilities and it is not mentioned anywhere else. Staff stated the medical office is a typo and not in reference to this project. It would be clarified. Mr. Peroni stated the reference to the medical offices should have been removed and the phrase should be Highway 111. They would have walkways from the bus shelter into the project site. It is on the southeast portion of the project site where the existing bus shelter is being proposed. 16. Commissioner Butler stated he agrees the project is going to be an asset, but he is not happy with fast food operations or the service station aspect. As an example, on the fast food restaurant located is the northeast corner of the project, the drive through wraps around the outdoor dining. He understands there needs to be restaurants, but the Highway 111 Corridor appears to have its fair share of fast food restaurants. Concern that it will become a sign problem and not the image he would like to have for the people coming into La Quinta. He supports restaurants in this location, but not fast food. 17. Chairman Kirk asked if all the applications were being addressed at one time. Staff stated yes. 18. Commissioner Butler stated the service station with a car wash is not needed when there are two within a block. It is an over -kill for a revenue generation and more congestion in the parking lot. 19. Commissioner Tyler stated he agrees with what has been stated including the additional fast food drive -through. Also, there are discrepancies between the Specific Plan and staff report. The lighting heights are different; 24 or 21.5 feet. Mr. Peroni stated the maximum height in the Specific Plan is 24 feet. The lighting study was worked with standards that were 21.5 feet on two foot • bases. Staff stated the poles are 21.5 on a 2 foot base for a total of 23.5 feet. Commissioner Tyler asked about if this developmento4qrz was a part of the Lake La Quinta master drainage plan as state r•\Mv nnrnmmtdWPDOCSIPC4-25-20.wod 19 Planning Commission Meeting • April 25, 2000 on page 21 of the staff report. Staff noted it should state La Quinta Master drainage plan. Commissioner Tyler asked about page 28 staff is recommending only a 20 foot setback on Washington Street; is that what we allowed on the other side of the street? Community Development Jerry Herman stated yes, it is the standard. Commissioner Tyler asked if Condition #23 could be expanded to require the application of turf be required for pads that are not developed. Mr. Peroni stated they would like to use a soil binders, but would work with staff to resolve the issue. Commissioner Tyler asked about the lack of a bus facility on Washington Street adjacent to this project. He asked if there could be a bus turnout near Channel Drive on Washington Street. They have a huge expanse of shared parking, could there be a variation in the surface treatment to break it up. Finally, he too wonders what the intent of the monument sign proposed. Mr. Wilkerson stated they would be willing to revisit the monument sign. 20. Commissioner Abels asked about the sidewalk plan. Mr. Peroni • stated it is on the site and circulation plan. Commissioner Abels stated he is impressed with the architecture and agrees there should be some control over the number of fast food restaurants. 21. Commissioner Tyler stated his concern over street names. There is a curved street that has a potential of two different names at each end. One is Channel Drive off Washington Street and the other is Plaza Drive off Highway 111. There needs to be some consistency for emergency vehicles and recommends it be Channel Drive. Mr. Wilkerin stated they have not contemplated naming any streets at this time and agrees with having consistency. 22. Chairman Kirk stated he concurs with most of what has been stated. He concurs with the statements regarding the monument signs. Overall it has outstanding articulation and complements the development across the street. However, he is concerned about the uses, fast food restaurants and the Point Happy Rock demolition. If he reduced the buildable area of the lot they could probably reduced the cut and daylighting necessary on that piece of the rock. • 23. Commissioner Butler stated he is concerned that all of his issues cannot be resolved. The sidewalk around to the Cliffhouse is an 3 36 issue that possible cannot be resolved nor the redesigning of the site to take less of Point Happy._ �a�3 Planning Commission Meeting April 25, 2000 24. Commissioner Abels stated he did not think the Commission could dictate what uses are allowed if they meet the City's requirements. He believes the Commission should approve the project as submitted. 25. Chairman Kirk asked if the Commission had discretion over uses. City Attorney Dawn Honeywell the City's zoning for Commercial has lists of accepted uses and some require Conditional Use Permits, but fast foods are not one of them. So typically once you have an allowed use, the City does not look any further at the use in regard to zoning. Having said that, there is the argument that when you create a Specific Plan you are allowed to have some flexibility on your usual zoning requirements. However, we have not previously used a Specific Plan in a commercial context to limit the type of uses. 26. Commissioner Abels asked if the sign uses could be controlled. Staff stated yes. 27. Chairman Kirk asked if the applicant would address some of the issues raised such as: a. The monument sign, and b. The access to the Cliffhouse 28. Mr. Michael Shovlin,. one of the owners, stated there is a recorded easement with Caltrans and they will have the final say. Commissioner Robbins stated if it can't be addressed, it can't be, but he believes it is going to create a safety hazard and if in fact we cannot put a sidewalk in, then maybe staff should look at something to make it more difficult for people to walk between the \ two. Staff stated that whatever is done is subject to Caltrans approval. Chairman Kirk stated the consensus is not to condition the project, but if staff could explore some options. 0 29. Chairman Kirk continued on with the issues raised: C. The carwash issue is no longer a problem as. it appears it will not be built; d. Clarification on the amount of turf to be use; e. Soil binders on the undeveloped properties; f. Break up of the design elements on the hardscape throughout the project. • 33e C:\My Documents\WPDOCS\PC4-25-20.wpd 21 • Planning Commission Meeting April 25, 2000 30. Commissioner Robbins stated there seems to be a problem keeping the parking lot trees in the planters alive. Therefore we never see mature trees in parking lots and there ought to be a way to get mature trees. g. Landscaping; h. The proposed uses. 31. Commissioners discussed the issue of uses. Commissioner Robbins stated he believes it is a developer decision. Chairman Kirk asked if the drive-thru could be eliminated. Commissioner Robbins stated that would require more parking. Staff stated that if the use required more seating, then more parking would be required. 32. Chairman Kirk stated that if they did not have the drive through, then they would not need as much developable area and could take a look at their circulation pattern and try to move the entry street from Highway 1 1 1 further east and reduce the cut on Point • Happy. Senior Engineer Steve Speer stated this is not a standard 90 degree cross intersection. They have pinched the angle 15 degrees to reduced the amount of cut. They have a 250 foot radius curve now and this is as tight as they, can make the intersection. He has met with Caltrans once and the applicant has met with them twice. Chairman Kirk stated he was not concerned with the access, but with the area where the road meanders back to the north in the center. i. Articulation and landscaping included along the buildings elevations facing the Channel; j. The use of wood or steel for the carports; k. Bus shelters (TDM); I. Street names to be consistent with those existing; M. The monument sign design; n. Detailed signs plan specific to each tenant or building owner submitted and approved before issuance of sign permit; o. Bike path 33. Mr. Wilkinson, stated that in regard to the monument sign, they will revisit it. The landscaping around pads not used is fine. There are two serious issues. Community Commercial Zoning, which is • the zoning on this site, allows for fast foods with drive through 3 3 and there are deals already made that make this property viable. You can make fast food restaurants more attractive. TI architecture styling of this project requires them 10 conform t� l; f •\Mv Documents\WPDOCS\PC4.25-20.wnd 22 Planning Commission Meeting April 25, 2000 their architecture style. Once they found out they would be cutting the rock back to the extent Caltrans was requiring them to, they then decided to clean up the back of the rock as it relates to the curved portion. In this area there is a lot of scrub material and small outcroppings and rise up of sand. Once they got the computer graphics, then they felt a more attractive look would be /1 to create the cliff look with the retaining wall and the slight elevations in the road and would be better looking than it is now. The second consideration, and no less important, is when you lay out this type of property, you have to start with one end or the other. They started with the service station user and progressed on to the corner and a fast food user is one of the highest paying users. They are only asking to develop their property economically. As to the sidewalk to the Cliffhouse, in their opinion, it would be better to fence the area off and not allow anyone to walk around this area. In regard to the other issues they can resolve them. 34. Community Development Director Jerry Herman clarified the proposed buildings will come back as site development permits for review and approval by the Commission. 35. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution.2000-022 recommending certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-043. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 36. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-023 recommending approval of Specific Plan 2000-043, subject to the Findings and Conditions of Approval as submitted/amended: • a. Condition #23: "...The land shall be planted with interim 3 3 landscaping or provided with other erosion wind control measures including a soil stabilizer/binder approved by the Community Development and Public Works Departments. • b. Condition #31.A.3.: Bike Path shall be consistent with other approvals in the recent past. The developer shall pay the prorata share of the Bike Path adjacent to the project siteO J • • i LA Qt`I\TA CLIFFHOliSE June 16, 2000 Mr. John Pena, Mayor City of La Quinta 75495 Caile Tampico La Quinta, CA 92253 Dear yor Pena: ATTAicHMENT 2 ^ n In May I carbon copied you and Jerry Herman a letter that was sent to Jim Belty of Cal Trans. The purpose of the letter was to encourage Cal Trans to put a sidewalk in on Highway I 1 I connecting the new "Point Happy" development and the Clifihouse. This is very much a safety issue. There appears to be some differing of opinions on "who' is responsible for making sure that a safe area is available for pedestrians. Everyone is in agreement that without a sidewalk an accident is inevitable. No one wants this to happen. I am concerned that with no one taking responsibility of the sidewalk the issue might get lost in the big picture of the development. I would appreciate it if you would set back to me after you and the City planning department have reviewed this issue. Thank you in advance for your assistance in this matter. Sire erely, Richard Boudreau Manager Partner Cliflhouse at La Quinta cc: Mr. Tom Genovese Mr. Jim Belty Mr. Ed Alderson 340 78-250 Highway 111 La Quinta, CA 92253 (i60) 360-599= ATTACHMENT 3 t z it z J U W a6i O H a%(w' F LO J 3 r {U r O N i m `V C n > rt P O Isto- •' O O Z J WW 7 a.O O U ; t r z G o _! t J Wg o V< =a a:.. r z COUNCIL MEETING DATE: MAY 15, 1990 ITEM TITLE: ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89-417, AMENDMENT #1. AMENDMENT TO A PLOT PLAN TO CONSTRUCT A COMMERCIAL COMPLEX (RESTAURANT AND OFFICE) ON THE NORTH SIDE OF HIGHWAY 111, 1200 FEET WEST OF WASHINGTON STREET. APPLICANT: T S RESTAURANTS I ATTACHMENT 4 a w ... AGENDA CATEGORY: PUBLIC HEARING: BUSINESS SESSION: CONSENT CALENDAR: BACKGROUND: The Planning Commission approved an Amendment to this project at •their meeting of May 8, 1990. The change affects architectural style and site plan layout. FISCAL IMPLICATIONS: None APPROVED BY: RECOMMENDATION: By minute motion, accept for file this report of action taken by the Planning Commission. Approved for submission to City Council: RON KIEDROWSKI, CITY MANAGER 34 r A.7/cc#5/15.F2 • FROM: DATE: SUBJECT: APPLICANT: ENVIRONMENTAL CONSIDERATIONS: BACKGROUND- 'TjZy,4 1Qlrc- MEMORANDUM HONORABLE MAYOR AND MEMBERS COUNCIL OF THE CITY PLANNING & DEVELOPMENT DEPARTMENT MAY 151 1990 REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 89-417, AMENDMENT #1 T S RESTAURANTS A NEGATIVE DECLARATION WAS APPROVED IN CONJUNCTION WITH THE ORIGINAL APPROVAL ON SEPTEMBER 61 1989. THIS AMENDMENT WILL NOT CREATE ANY NEW OR ADDITIONAL IMPACTS AND THEREFORE NO FURTHER DOCUMENTATION IS DEEMED NECESSARY. The Applicants have requested approval to amend their approved plot plan. The major changes are a change of the architectural style from a "Southwestern" design utilizing tan stucco walls and flat tile roof to a "Early California Hacienda" style utilizing white walls for the restaurant and tan or beige for the office building. The roof tile is proposed to be a "washed out" orange/tan barrel tile. The Applicant is trying to recreate the La Quinta Hotel look. While the restaurant is still two stories high, the drop off area covered by the second story has been shortened and a small parking area added between the two structures. The attached Planning Commission Staff reports provides a thorough description of the proposed amendment. This case was originally approved by the City Council at their meeting of September 6, 1989. Normally, Council's action would be to accept a report of the Planning Commission action, but in this case the City Council reviewed -the case because of concerns with traffic a6cess and the streams and waterfalls on Point Happy. 343 n-r/mrmncS_030 - 1 - OIL These concerns were resolved when full turning access was • permitted only if Caltrans grants approval and the plans were revised so that the waterfall and streams height on Point Happy not exceed approximately 143 feet. These items are not being modified by this requested amendment. PLANNING COMMISSION ACTION: The Planning Commission reviewed the revised plan at the meeting of May 8, 1990. The Planning Commission felt the revised plan was acceptable and on a 4-0-1 (Walling abstaining) approved the request. There was one change to Condition #21 which was due to a typographical error. RECOMMENDATION• By minute motion, accept the report of action taken by the Planning Commission approving amendment #1 to Plot Plan 89-417. Attachments: 1. Conditions of Approval 2. Planning Commission Staff 3. Plans and exhibits report dated May 8, 1990 344 E BJ/MEMOSS.030 - 2 - • CONDITIONS OF APPROVAL - APPROVED PLOT PLAN NO. 89-417, AMENDMENT tl MAY 8, 1990 PLANNING AND DEVELOPMENT DEPARTMENT 1, The development of the site shall generally be in conformance with the Exhibits contained in the file for Plot Plan 189-417, Amendment tl unless otherwise amended by the following conditions. 2. The approved Plot Plan shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means the beginning of substantial construction which is contemplated by this approval, not including grading, which is begun within the one-year period and is thereafter diligently pursued to completion. 3. Outside lighting shall be shielded and directed so as not to shine directly upon surrounding adjoining property or public rights -of -way. Lighting plans including light pole heights shall be reviewed and approved by the Planning Director. Lighting to be in conformance with • the City Ordinance requirements. 4. Issues pertaining to liability, damages, construction, etc., due to- waterfall/ponds on "Rock" _parcel to the east, shall be resolved by written agreement approved by the City Attorney prior to issuance of any permits for this project. Goal of this Condition is to either have waterfall/pond and other restaurant improvements on "Rock" parcel with "Hold Harmless" agreements or modify property line between subject property and "Rock" parcel so that waterfall/pond and other restaurant improvements are not on "Rock" parcel. 5, Parcel Map 122596 shall be recorded prior to issuance of any permits for this development. 6. A "Hold Harmless" agreement in favor of the City shall be recorded to release City and/or property owner of easterly parcel from liability caused by damages and/or injuries, etc., from landslides, falling rock, etc. Agreement shall be approved by City Attorney prior to issuance of any permits for this development. 7. Building heights shall be clarified prior to issuance of • building permit to verify compliance with applicable zoning requirements. w 34 8. Minimum 25% of parking spaces shall be provided during valet hours as self -parking areas as required by Code. Conditions ofvproval - PP 89-417, Amendr-ant 11 i May 8, 1990 _ I 9. Along west property line a 4-foot high decorative masonry wall and or berm shall be provided. 10. Any scarring of hillside caused by this development shall be treated chemically to match existing rocks. 11. No alterations or construction' on hillside other than that allowed by this approval, shall occur without prior approval of Planning Director and City Engineer. 12. A sign program for all signs shall be approved by the Planning Commission prior to construction of sign(s). 13. Prior to issuance of any grading or building permits, developer shall cause City of La Quinta to retain a qualified archaeologist at developers expense, to review prior Archaeological Study RIV-150. If subject site is not completely covered by previous studies, on -foot survey of site shall be done and mitigation and monitoring plan for artifact location and recovery shall be prepared. The plan shall be submitted to the Coachella Valley Archaeological Society (CVAS) for a two -week review and comment period. At a minimum, the plan shall: a. Identify the means for digging test pits; • b. Allow sharing the information with the CVAS; and C. Provide for further testing if the preliminary results show significant materials are present. The final plan shall- be submitted to the Planning and Development Department for final review and approval. Prior to the issuance of a Grading Permit, the Developer shall have retained a qualified cultural resources management firm and completed the testing and data recovery as noted in the plan. The management firm shall monitor the grading activity as required by the plan or testing results. A list of qualified archaeological monitor(s), cultural resources management firm employees, and any assistant s)/representative(s), shall be submitted to the Planning and Development Department. The list shall provide the current address and phone number for each monitor. The designated monitors may be changed from time to time, but no such change shall be effective unless served by registered or certified mail to the Planning and Development Department. 34G Conditions of Aoval - PP 89-417, Amendm--* 11 May 8, 1990 i • The designated monitors or their authorized representatives shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of resources. In the event of discovery or recognition of any human remains, there shall be no further grading, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until appropriate mitigation measures are completed. Upon completion of the data recovery, the developer shall cause three copies of the final report containing the data analysis to be prepared and published and submitted to the Planning and Development Department. 14. Prior to the issuance of a building permit for construction of any building or use contemplated by this approval, the Applicant shall obtain permits and/or clearances from the following public agencies: o City Fire Marshal ......... Cal Trans _ZMo City of La Quinta Public Works Department —o Planning and Development Department, Planning and Building Divisions • o_ Coachella valley Water District -.o Desert Sands Unified School District Evidence of - said permits or clearances -from .the above -mentioned agencies shall be presented to the Building Division at the time of the application for a building permit for the use contemplated herewith. 15. Provisions shall be made to comply with the terms and requirements of the City's adopted Infrastructure Fee program in effect at the time of issuance of building permits. Applicant shall improve or bond for his share of street improvements along street frontage of site as required by pending Highway 111 Specific Plan. These improvements may include, but are not limited to: a. Landscaped median island. b. Curb, gutter, and sidewalk. clT Applicant shall participate in installation of his share `- of Riverside County bike path along Whitewater Storm • Channel, as required by City of La Quinta, if dee 3 e.7 necessary. 1-8. Project shall be restricted to vehicular right turns in and out per Caltrans approval, unless Caltrans approves additional turning movements. Conditions of Approval - PP 89-417, Amendment tl May 8, 1990 . 19. A geological technical study shall be prepared by a qualified engineer to verify that the mountain slopes ar0 stable and will support the proposed development. Mitigation measures, if necessary shall be implemented as a part of the project. 20. Water level is approved at the lower elevation shown on previously approved plans (September 6, 1989) and the Applicant shall be allowed to resubmit at a higher elevation if he can justify it. 21. Applicant/Owner shall allow City to install a "City entry" sign within 50-foot landscape buffer if deemed necessary by City. Sign to be in location that does not obstruct complex or complex signage 22. All applicable parking development standards shall be complied with. Plans to be revised to comply prior to issuance of any building permit. 23. Landscaping plan to emphasizes low water usage planting and emitter or drip irrigation where feasible. Prelinimary and final landscaping and final irrigation plans to be. submitted and approved by Design Review Board prior to issuance of building permit. 24. Parking lot area to be screen from Highway 111 through • use of berming and/or walls. 25. Sidewalk to meander with plan for design to be approved by Planning and Development Department prior to issuance of permit for construction of sidewalk. 26. Project may be phased; parking spaces for structure adequate to comply with parking requirements shall be provided. 27. All pad areas not constructed with Phase I that are graded shall be seeded and temporarily irrigated with wildflower mix. 28. All mechanical equipment shall be screened with architecturally compatible materials and approved by Planning and development Department. FIRE MARSHAL: 29. Provide or show there exists a water system capable of delivering 3,000 gpm for a three hour duration at 20 psi residual operating pressure which must be available before any combustible material is placed on the job site. • 345 n T /nnNaDVVT. AAA - d - •, Conditions of AT)roval - PP 89-417, Amendment 41 May 8, 1990 • 30. A combination of on -site and off -site super fire hydrants (6" X 4" X 2-1/2" X 2-1/2") will be located not less than 25 feet or more than 165 feet from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 31. Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connector shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). System plans must be submitted with a plan check/inspection fee to the Fire Department for review. A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 32. Install a Hood Duct automatic fire extinguishing system. System plans must be submitted, along with a plan check/inspection fee, to the Fire Department for review. 33. Install portable fire extinguishers per NFPA, Pamphlet 110, but not less than 2AlOBC in rating. Contact certified extinguisher company for proper placement of equipment. • PUBLIC UTILITIES: 34. All conditions and requirements of Coachella Valley water District shall be met. • 343 BJ/CONAPRVL.004 - 5 - ATTACHMENT #4 City Council Minutes 9 February 6, 2001 8-A. REPORT ON THE CLIFF HOUSE RESTAURANT SIDEWALK REQUEST. Public Works Director Vogt reviewed the staff report. Council Member Perkins voiced concern about the mountain crumbling if the rock is disturbed. Mr. Vogt stated it is not known at this time if CalTrans will require a protective fence or a cut back and slope stabilization. In response to Mayor Pena, Mr. Vogt stated he was not aware of any rocks falling on the highway due to the Point Happy construction. He advised Michael Shovlin is part owner of the rock area and CalTrans has right-of-way to make sure the highway is protected. Richard Boudreau, 51-955 Avenida Diaz, owner of the Cliff House restaurant, spoke in support of a sidewalk as a safety precaution for pedestrians walking from the Point Happy site to the restaurant. Mayor Pena said he understood Mr. Boudreau's desire to connect the Cliff House to the rest of the City and stated he felt the obstacles could be removed. Council Member Sniff suggested a double fence, one to stop rocks falling from the mountain and one to protect pedestrians from the street. In response to Council Member Perkins, Mr. Vogt stated the cost of constructing a sidewalk will depend upon CalTrans' requirements. He added the conditions of approval for the Cliff House restaurant requires them to install a sidewalk, median, and irrigation but does not specify how far it must go. City Manager Genovese noted a funding source would need to be determined for both design and construction. Council Member Henderson suggested the possibility of using funds from the Development Impact Fee. After a brief discussion, Council concurred to direct staff to come back with a Request for Proposals and design concepts, as well as funding alternatives for construction and design costs. Council recessed to and until 7:00 p.m. 35 Tw�t 4 lwQ" COUNCIL/RDA MEETING DATE: April 3, 2001 Public Hearing to Consider an Appeal of the Planning Commission's Decision of February 13, 2001, Certifying a Mitigated Negative Declaration and Approving a 65-Foot High Sprint PCS Wireless Monopalm Antenna and Related Communication Equipment Pursuant to Resolutions 2001-015 and 2001-016 for Environmental Assessment 2001-409 and Conditional Use Permit 2001-055 Located at 49- 499 Eisenhower Drive Appellant: Steve Davis RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 0 Adopt Resolutions of the City Council upholding Planning Commission actions certifying a Mitigated Negative Declaration and approving a 65-foot high Sprint monopalm antenna and related communication equipment. FISCAL IMPLICATIONS: None. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Appeal The appellant, Mr. Steve Davis, an adjacent property owner on the north side of Avenida Fernando, is requesting denial of the monopalm installation which was approved by the Planning Commission at its February 13, 2001 meeting, on a vote of 5-0, under Resolutions 2001-015 and -016, subject to findings and conditions (Attachment 1, Planning Commission Minutes). The written appeal was filed on February 28, 2001 as required by Section 9.200.120 of the Zoning Ordinance (Attachments 2 and 3). 351 A:ASRCC AppealSprintFinal.wpd, S3/15, Ret 3/28- Greg T/47 - pg I Site History The project site is located within the existing La Quinta Resort complex. Presently, the hotel has over 600 rooms/casitas, conference salons, restaurants, and other speciality commercial/office businesses on 66+ acres. The buildings adjacent to the proposed monopalm antenna were constructed in the last 15 years. Existing palm trees on the property are 30-50 feet tall. Project Request The applicant is requesting to install a 65' high digital cellular telephone antenna on the west side of the existing Administrative Offices for the La Quinta Resort and east of the existing private service corridor and parking area for the hotel (Attachments 4 through 6). The monopole antenna is designed to replicate a palm tree, thus the support pole will be covered in brown fiberglass bark. Three mast arms for the six antennas are placed within flexible green resin palm fronds to disguise the antennas. The monopalm will be about 31 feet above the adjacent two story buildings. Sprint will be leasing the antenna site space and installing the related equipment cabinets for the antenna on the roof of the 35-foot high Salon de Fiesta building behind a mansard roof. An elevated platform of 325 square feet is planned to support the various metal equipment cabinets. This support structure is located approximately 14 feet away from the roof's parapet, which measures seven feet high. Electricity for the cellular equipment and antenna will be delivered by a transformer and backup generator in an enclosed utility building across the driveway from the monopalm site. Public Notice: The appeal was advertised in the Desert Sun newspaper on March 13, 2001. All property owners within 500 feet of the affected area were mailed a copy of the public notice as required. FINDINGS AND ALTERNATIVES: Findings necessary to approve this request, thus denying the appeal are contained in the attached Resolutions. Alternatives available to the City Council include: Adopt Resolutions of the City Council upholding Planning Commission actions certifying a Mitigated Negative Declaration and approving a 65-foot high Sprint monopalm antenna and related communication equipment; or 2. Direct staff to prepare Resolutions approving the appellant's request to rescind Planning Commission Resolutions 2001-015 (EA 2001-409) and 2001-016 (CUP 2001-055); or 35'' A:ASRCC AppealSprintFinalmpd, S3/15, Ret 3/28- Greg T/47 (JackBoxForm) - pg2 3. Provide staff with alternative direction. Respectfully submitted, ry merman nmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Planning Commission Minutes of 2-13-01 2. Written Appeal by Steve Davis dated 2/28/01 3. Letter from Mr. Davis dated 2/7/01 4. Site Plan 5. Photo Simulation Exhibits 6. Photo Simulation Exhibits 7. City Council - Large Maps/Exhibits A:ASRCC AppeaftrintFinal.wpd, S3/15, Ret 3/28- Greg T/47 (JackBoxForm) - pg3 353 RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-409 PREPARED FOR CONDITIONAL USE PERMIT 2001-055, let»:MJI ENVIRONMENTAL ASSESSMENT 2001-409 APPLICANT: SPRINT PCS WIRELESS APPELLANT: STEVE DAVIS WHEREAS, the City Council of the City of La Quinta, California, did, on the 3`d day of April, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-409 for Conditional Use Permit 2001-055 (Appeal), a request to install a Sprint monopalm antenna and related communication equipment within the La Quinta Hotel complex at 49-499 Eisenhower Drive; and WHEREAS, an appeal of the Planning Commission's decision of February 13, 2001, for EA 2001-409 and CUP 2001-055, was filed by Steve Davis on February 28, 2001 in compliance with Section 9.200.120 of the Zoning Ordinance requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 131h day of February, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-409 for Conditional Use Permit 2001-055, and on a vote of 5-0 adopted Resolutions 2001-015 and -016, more particularly described as follows: APN: 658-190--011 Portion WHEREAS, said Environmental Assessment 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 Initial Study (EA 2001-409) and has determined that although the proposed Conditional Use Permit could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval for Conditional Use Permit 2001-055 and a Mitigated Negative Declaration of Environmental Impact should be filed; and, P:\GREG\ResoCC Sprint-EA01-409.wpd 354 04 Resolution 2001- Environmental Assessment 2001-409 April 3, 2001 Page 2 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 Environmental Assessment: The proposed Conditional Use Permit 2001-055 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-409. 2. The proposed Conditional Use Permit 2001-055 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Conditional Use Permit 2001-055 does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Conditional Use Permit 2001-055 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed Conditional Use Permit 2001-055 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. P:\GREG\ResoCC Sprint-EA01-409.wpd 3r Resolution 2001- Environmental Assessment 2001-409 April 3, 2001 Page 3 8. The City Council has considered the Environmental Assessment 2001-409 and the Environmental Assessment reflects the independent judgement of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-409 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-409 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of April, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California P:\GREG\ResoCC Sprint-EA01-409.wpd 356 08 Resolution 2001- Environmental Assessment 2001-409 April 3, 2001 Page 4 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 P:\GREG\ResoCC Sprint-EA01-409.wpd 357 07 Environmental Checklist Form 1. Project Title: Conditional Use Permit 2001-055 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Greg Trousdell, 760-777-7125 4. Project Location: 49-499 Eisenhower Dr., within the La Quinta Hotel. 5. Project Sponsor's Name and Address: Sprint PCS Wireless c/o David Leonard Associates 1223 University Ave., Suite 240 Riverside, CA 92507 6. General Plan Designation: Tourist Commercial 7. Zoning: Tourist Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Conditional Use Permit to allow the construction of a 65 foot high monopalm" antenna adjacent to La Quinta Hotel Administrative offices. The antenna will be camouflaged by artificial palm fronds, and will integrated into the project's existing landscaping scheme. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. The proposed site will be entirely surrounded by La Quinta Hotel facilities. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) 353 G:\WPDOCS\EACklst-Sprint.WPD U8 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination. On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared 701 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, no ing further is requ'r laolo 359 SDaC'iZ� Printed Name For Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. g) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 360 10 r.i%Afonnrcl cn rWl t-CZnr4 IA/Pr) I. Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) A X V4 d) Expose sensitive receptors to substantial pollutant concentrations? X (Application materials) e) Create objectionable odors affecting a substantial number of people? (Application materials) X IV.. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Application materials, General Plan EIR p. 4-65 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan EIR p. 4-65 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (General Plan EIR p. 4-65 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (General Plan EIR p. 4-65 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Application materials, General Plan EIR p. 4-77 ff.) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (General Plan EIR p. 4-77 ff.) c) Disturb or destroy a unique paleontological resource or site? (General Plan EIR p. 4-77 ff.) d) Disturb any human remains, including those interred outside of formal cemeteries? (General Plan EIR p. 4-77 ff.) KI 0 VA PA M VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) M X X X X X X E3 P.1 X X X X .�i g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (Master Environmental Assessment 6-13) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Master Environmental Assessment 6-13) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Master Environmental Assessment 6-13) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-11) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) 0 M X X X X X X X X X 1 X. MINERAL RESOURCES: Would the project: XI. XII. a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Application Materials) b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? (Application Materials) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Application Materials) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Application Materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) 91 1tt ►a X /.1 X M KI X X xrv. XV XVI. Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?(Application materials) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Application Materials) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application Materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application Materials) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) X X X M 0 X ■ 1 X X X X X X ►4 16 3�u d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSES. X M 0 X 04 1ON M Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. No earlier analyses specific to this project site have been used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. 367 17 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. Paleontological Lakebed Delineation Map, City of La Quinta. City of La Quinta Municipal Code 363 18 Addendum to Environmental Assessment 2001-409 VI. a) ii) The proposed project is located in a Zone III groundshaking zone. The area is subject to significant groundshaking in the event of an earthquake. The City, in order to mitigate such impacts, has implemented the standards of the Uniform Building Code, which requires added structural support within earthquake zones. The proposed project will be required to conform to those standards. This mitigation measure will reduce the potential for impacts from seismic groundshaking to a less than significant level. VIII. g) The proposed project is being developed entirely within the existing La Quinta Hotel. The area is, however, in a zone which is prone to flooding, and is designated as an A flood zone. As a developed property, the hotel has implemented flood control measures to ensure that flooding on the site is controlled. The proposed project will be required by the City Engineer to conform to on -site drainage designs, and as such will not impact flooding hazards on the site. The impacts to structures is expected to be less than significant. G:\WPDOCS\EA-Adden-Sprint.WPD 369 I RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPELLANT'S APPEAL OF THE PLANNING COMMISSION'S DECISION OF FEBRUARY 13, 2001, APPROVING A 65-FOOT HIGH SPRINT PCS WIRELESS RADIO COMMUNICATIONS MONOPOLE AND RELATED EQUIPMENT CABINET AT 49- 499 EISENHOWER DRIVE CASE NO.: CONDITIONAL USE PERMIT 2001-055, APPEAL APPLICANT: SPRINT PCS WIRELESS APPELLANT: STEVE DAVIS WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of April, 2001, hold a duly noticed Public Hearing, at the request of Steve Davis, the appellant, to review the decision of the Planning Commission to approve a 65-foot high Sprint PCS Wireless radio communications monopalm antenna and related equipment at the La Quinta Resort and Club, located at 49-499 Eisenhower Drive, more particularly described as: APN: 658-190-01 1 , Portion WHEREAS, an appeal of the Planning Commission's decision of February 13, 2001, for EA 2001-409 and CUP 2001-055, was filed by Steve Davis on February 28, 2001 in compliance with Section 9.200.120 of the Zoning Ordinance requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13' day of February, 2001, hold a duly noticed Public Hearing, at the request of Sprint PCS Wireless, to consider a 65-foot high wireless radio communications monopalm antenna and related equipment at the La Quinta Resort and Club, and on a 5-0 vote, adopted Resolution 2001-016 approving said request, subject to conditions. WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following findings for approval of said Conditional Use Permit: The design and improvements of the proposed monopalm are consistent with La Quinta General Plan Policy 7-1 .4.10 that requires utilities and communication facilities to blend in with the desert environment and surrounding improvements. Existing palm trees accentuate the hotel site and the monopalm prototype serves to blend in with this area of the hotel by using artificial palm fronds and textured support structure. Reso CC CUP55Sprint - 47 Greg T. 7 ^ " Resolution No. 2001- Conditional Use Permit 01-055, Appeal Sprint PCS Wireless April 3, 2001 Page 2 2. The proposed monopalm, antennas, and equipment are consistent with current standards of the Zoning Code (Section 9.170.010, Commercial Communications Towers) and Specific Plan 121-E in that potential adverse visual effects have been mitigated by design of the structure and adjacent two story structures. Condition #8 requires all roof mounted metal cabinets for the monopalm antenna shall be shielded by the mansard roof, requiring a height of less than seven foot high as measured from the roof deck. 3. The design of the monopalm, antennas, and equipment areas is not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, Public Works Department, and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. 4. The design of the monopalm, antennas, and equipment is not likely to cause substantial environmental damage, or substantially, and unavoidable injure fish or wildlife, or their habitat, in that the Mitigated Negative Declaration of Environmental Impact did not identify any significant impacts for this issue. The site is surrounded by commercial hotel service facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; 2. That it does hereby confirm the conclusion of EA 2001-409 certifying a Mitigated Negative Declaration for this case pursuant to the requirements of the California Environmental Quality Act; and 3. That it does hereby approve the above described Conditional Use Permit, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Reso CC CUP55Sprint- 47 Greg T. 37 1 21. Resolution No. 2001- Conditional Use Permit 01-055, Appeal Sprint PCs Wireless April 3, 2001 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3'd day of April, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California 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 Reso CC CUP55Sprint - 47 Greg T. 3 7 `' 22 RESOLUTION 2001-_ CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2001-055, APPEAL SPRINT PCS WIRELESS APRIL 3, 2001 CONDITIONS OF APPROVAL The applicant 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 Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of an improvement or building permit, the applicant shall obtain permits and/or clearances from the following public agencies, or departments: Community Development Department Imperial Irrigation District 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. 3. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Conditional Use Permit 2001-055, unless amended by the following conditions. 4. This approval of Conditional Use Permit shall be used within one year; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction toward installation of antennas and equipment cabinets as allowed by this approval. 5. Upon 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. COND CC CUPSPRINT-Greg T/47 Page I of 2 v ?I Resolution No. 2001- Conditional Use Permit 2001-055, Appeal Sprint PCS Wireless April 3, 2001 FEES AND DEPOSITS 6. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for the plan checks, permits, and inspections. 7. The applicant shall submit to the Community Development Department a check payable to the County of Riverside for $78.00 for recording of EA 2001-409. MISCELLANEOUS 8. All roof mounted metal cabinets for the monopalm antenna shall be shielded by the mansard roof, requiring a height of less than seven foot high as measured from the roof deck. COND CC CUPSPRINT-Greg T/47 rage 2 of 2 374 rA A 1 1 1 Planning Commission Minutes February 13, 2001 Attachment 1 FI1 ►- -�,JI 6. Commissioner Abels asked if they had signed any tenants. Mr. Wilkins stated Building #4 would have Tarbel Realty, Falls Steak House, Madison Development offices, with Las Casuales Nuevas Restaurant on the corner parcel. 7. Chairman Robbins asked if there was any other public comment on this project. 8. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioner Kirk/Butler to adopt Planning Commission Resolution 2001-014 approving Site Development Permit 2000-688, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2000-409 and Conditional Use Permit 2000- 055, a request of Sprint PCS Wireless for Certification of a Mitigated Negative Declaration of Environmental Impact and approval to install a 65 foot high wireless antenna with Monopalm prototype design and related roof and ground mounted equipment for cellular telephone service to be located at 49-499 Eisenhower Drive behind the La Quinta Hotel Administration Offices. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff passed out a letter that had been received from Mr. & Mrs. Puget prior to the meeting. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Butler noted another monopalm had just been approved. Staff indicated the sites where other monopalms had been approved. Commissioner Butler stated that with each phone company wanting its own pole, there could be a proliferation of --� poles. Is there any condition requiring them to remove it if they become obsolete. Staff stated no. GAWPDOCSTU-13-01.wpd 7 • Planning Commission Minutes February 13, 2001 3. Commissioner Tyler stated the information before them states the height at 65 feet and yet it goes ten feet higher with the palm tree leaves. 4. Commissioner Kirk stated the equipment on the roof peaks over the top. Staff stated that was true and a condition had been added requiring it to be painted. Commissioner Kirk stated he would like to have the equipment below the roof line. 5. Chairman Robbins asked if the monopalm for the school was this height. Staff stated no it was not. 6. Commissioner Tyler asked if this public hearing was duly noticed as noted in the letter by Mr. Davis. Staff stated it was and the letters received are from property owners on the north side of Avenida Fernando. 7. Chairman Robbins asked if the applicant would like to address the Commission. Mr. David Leonard, representing Sprint PCS Wireless, stated this site was the culmination of their investigation as to where to place a pole in this area. He explained the height was needed to reach the signal of the nearest pole outside the area. The demand has been increasing at the Hotel for cell service. In regard to the equipment, it appears that from the roofline to the highest point of the equipment box, it is ten feet and the parapet is seven feet for a differential of three feet. Upon doing a site review it did not appear the equipment could be seen by anyone on the ground. However, they could move the equipment, or paint it to hide the equipment. 8. Commissioner Butler stated the other cell service companies will also want to have their own poles. He questioned why this monopalm could not be put out on the golf course. Mr. Leonard stated that due to the layout of the Hotel and shadowing, it would not cover the area needed. There are areas where hillsides provide shadows to prevent coverage. The original proposal was to incorporate the towers into the buildings themselves. This did not work because the buildings were not strong enough to hold the equipment. 9. Commissioner Tyler asked what would happen if it was 60 feet 376 Mr. Leonard stated the height is determined by site tests. Commissioner Tyler stated his concern about the roof mounted equipment and he would like it to be hidden below the parapet. ?_? G:\WPDOCS\PC2-13-01.wpd 8 Planning Commission Minutes February 13, 2001 10. Chairman Robbins asked if there was any other public comment. Mr. Steve Davis, 77-500 Avenida Fernando, stated he lived right across the street from the Hotel, and he is at a disadvantage in regard to whether or not the monopalm would be visible from his property and whether or not it will make any noise. He is concerned that he was not been notified earlier of the proposed tower. 1 1 . Mr. Bubba Lloyd, Mazatlan, stated there had been some concern by the residents in Santa Rosa Cove as to the location of this monopalm but they now believe this is the best site possible. His concern is that there may be more poles for each of the different companies. 12. Commissioner Tyler asked about the possibility of a location that would accommodate multiple carriers. Mr. Leonard stated the technology of the various companies is so different that it makes it impossible to combine them. This is far from the first site they looked at. 13. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened the hearing to Commission discussion. 14. Commissioner Tyler stated that due to the Federal Communications Act, the City probably does not have much choice. He would like to have a condition added to require that the equipment on the roof be completely hidden. 1 5. Commissioner Butler questioned the health hazards. Mr. Leonard stated there is no proven evidence that the poles cause any health hazards. 16. Commissioner Kirk stated he supports the proposal in its location. 17. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-015, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2000-409. 18. Chairman Robbins stated his concern regarding the proliferation of371 towers. G:\WPDOCS\PC2-13-01 .wpd 9 I Planning Commission Minutes , February 13, 2001 19. Commissioner Abels stated that since the advent of the cell phones there have been several dead spots in the Cove and he supports the project. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 20. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-016, recommending approval of Conditional Use Permit 2000-055, as amended: a. Condition #8: Prior to issuance of a building permit the height of the equipment shall be reduced so as not to be visible above the mansard roof. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. ' VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of February 6, 2001. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Kirk to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held February 27, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:39 p.m. on February 13, 2001. Respectfully submitted, `'r 3 8 ty J' wyer, Ex utive Secretary City o a Cuinta, California 29 G:\WPDOCS\PC2-13-01 .wpd 10 0 i City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 Attachment 2 OFFICE USE ONLY Cua No. e:-L! ?�1 Due Red. Fee:` Re4ted Appe.: Logged in by: 5� Application for Appeal of Findings And/Or Conditions Appellant'sName STEVE DAVIS Date 02/28/O1 Mailing Address 77 500 AVEbP FERNANDO LA QUINTA, CA 92253 Phone: (_760) 564-4244 Resolution 2001-013, re: Resolution # and Conditions) of Approval being appealed CUP 2001-055 & related EA 2001-409 Any riev�icon Cnt review action may be appealed pursuant to Section 9.220.130 of the Zoning Code. Please identify the type of application: Type of Appeal: Change of Zone. FEB 28 2001 Tentative Tract Map Specific Plan e �? Tentative Parcel Map _� Conditional Use PgaR4 - *` — Site Development Permit Variance Temporary Use Permit Minor Use Permit Other Please provide sufficient information so as to make clear the substance of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. This is an appeal of Planning Commission a peal of CUP 2001-055. T)ue to inapt) npri ate findings and inadequate environmental review. See attachment. Use additional sheets if necessary. 4 i\ ignature of Appellant 3 7 9 3F) • Application for Appeal of Planning Commission Decision Regarding Environmental Assessment 2001-409 And Conditional Use Permit 2001-055 • As a neighbor, living adjacent to the proposed 75' structure (the staff report and Environmental Assessment both fail to describe the 10' plastic palm fronds that extend above the 65' tower), I never received any notice of the public hearing before the Planning Commission, therefore, I did not have adequate time to review the proposed action, nor application materials. • The CUP and Environmental Assessment findings regarding visual and aesthetic impacts are inappropriate and without appropriate basis as the exhibits and discussion regarding same were inadequate and did not represent the proposal appropriately. The analysis was taken from the south where foreground improvements according to the staff "lessened" the visual impacts. There was no analysis taken from the north where my property under separate ownership views the towers. The analysis should evaluate the visual impacts of the proposed "plastic" feature that will extend many feet above existing nature and manmade features, from multiple view points, especially view points outside of the La Quinta Hotel Facility. The presentation I saw at the Planning Commission was misleading do to the limitations of this analysis. Last May and June (see my letter of February 7, 2001 addressed to the Planning Commission) a representative of a cell company told me that the cell units would be placed within a bell tower/clock tower feature which would be blended into the architecture of the hotel. Further, I was told that no one wanted this feature to be higher than 51.8 feet. The proposed industrial structure does in no way match this previous discussion, it has significant impacts on views from my property, and the environmental analysis inadequately evaluates its impacts. Why does the City not consider this alternative to the proposed action in its analysis as it would possibly be a far superior resolution of visual impacts as opposed to covering the tower with plastic. Therefore, the analysis needs to be redone for other views of the project before a decision is made regarding its impacts. • The Environmental Assessment failed to identify the cumulative impact of 330 the ATT wireless tower proposed in the area, nor whether the tower will 31. 9 Application for Appeal of Planning Commission Decision Regarding Environmental Assessment 2001-409 And Conditional Use Permit 2001-055 Page 2 have other cell appurtenances added to it in the future. • The CUP and Environmental Assessment findings regarding hazardous impacts are inappropriate and without appropriate analysis. The environmental document fails to analyze the radiation (EMF) impacts of the tower on surrounding properties even though this very real concern was brought up by me back in June. The analysis should disclose the risks, and radiation that radiates from the structure, how intense and how far away the radiation reduces to natural conditions. This is a reasonable inquiry which I am sure the cell company has an immense amount of data that should be disclosed to adjacent property owners. The Environmental Assessment ommits this analysis and is therefore inadequate as is the findings supporting the CUP. • The CUP and Environmental Assessment omits any discussion of the historical significance of the La Quinta Hotel and the visual and physical impacts of the tower on this historical resource. This evaluation should be considered as part of any decision regarding this project. 381 32 Attachment 3 Steve Davis 77500 Avenida Fernando La Quinta, CA 92253 February 7, 2001 To: La Quinta Planning Commission and Staff RE: Proposed Cell Tower Project Proposed Public Meeting date Feb. 13,2001 Sirs, 7 2001 ii EEB r J c I Y 2F LA01Uwin lv`N1z.il I hereby request that the noticed meeting on February 13, 2001 for the Cell Tower be postponed and rescheduled for a later date. As stated below the City of La Quinta, KSL or Sprint did not notify us of this meeting nor of the proposed project. I would further request that the meeting be postponed for several months in order to enable me to hire competent attorneys and architects to contest the proposed project. Attached please find copies of communications from ESA and MF&A. The simple import of both communications was that I would be notified once a final plan was determined. Additionally I made it very clear to Mr. Christopher Mundhenk of ESA that I would oppose any proposed project, which was visible from any part of my property or that posed even the remotest threat to my family from radiation. I have heard nothing since June 15, 2000 from anyone respecting the tower project. My position on any and all radiation issues was made very clear to Mr. Soo of DSL Corporation and Ms. April Shoot (?) of KSL Human Resources. Since the Resort and I share over 500 feet of common border I can't imagine why I am not being notified about matters in which I clearly have and interest. I found out about the proposed project from our 38� neighbors the Pugets. I believe they oppose the proposal as well. 33 Finally could I please be given a copy of the Environmental Impact Report for this project? If one has not been performed, I believe it should be. Sincerely \\- -VIN Steve Davis 383 34 W*h Attachment 4 JANUARY 2, 2001 h- Attachment 5 Looking West 'Sprint ESC� LA QUINTA R R V XC o A Q R 54 5 4r 0.esoalsnae 3 V 5 �x d ANGLE 3 36 t M C [ N C, z z W is N C� LL1 ii c Y III .a O I 4 4 M' a ■®•saw ttachment 6 6 -P-A 4� oel� U_ C- 3 � b D � � OF] F —I = � � A O ) � N C J t l� I �E 0 oil (D a 0 0 W.- C- -I.- :3 Ly a c LL t u CELL TOWER SIMULATION CURRENT VIEW DRA`MNGTITLE. �' p View to the South from the SideyardAsso��ATE S w4v�a�b�a� DHK E 391 Flagpole Flagpole., MAWNGTIU CELL TOWER SIMULATION CURRENT VIEW View to the Southeast from the Backyard EMM: 6iASSOCIATES e+Jwva i+� b �Na vro�ur 392 T4ht 4 AP Q" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Public Hearing on Environmental Assessment 2001- 412, Specific Plan 2001-052, Conditional Use Permit 2001-056, and Site Development Permit 2001-690, a Request for 1 .) Certification of a Mitigated Negative Declaration, 2.) Development Principals and Design Guidelines for a Commercial Building Consisting of a Restaurant and Office, 3. and 4.) Development Plans for the Commercial Project, Located at the Northeast corner of Washington Street and Lake La Quinta Drive Applicant: Omri Siklai RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: a Adopt Resolutions of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2001-412, and approving Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: om BACKGROUND AND OVERVIEW: Property Description The property is located on the north side of Lake La Quinta Drive, east of Washington Street, and west of Caleo Bay (Attachment 1). Across Washington Street is part of the St. Francis of Assisi temporary parking lot and La Quinta Arts Foundation grounds. To the east is the recreation area for Lake La Quinta. The site, along with the area to the north, was created in 1989 with Tract Map 24230 which approved the Lake La Quinta community and the surrounding commercial (CR P:\STAN\sp 2001-052 et al cc rpt.wpd 393 zone) lots to the south, and southeast. The property was further subdivided creating the subject property and lot to the north in February1 994. The one acre property is nearly rectangular with dimensions of approximately 200 feet on each side. Perimeter landscape improvements including sidewalks adjacent to the curbs and depressed turf areas have been installed along Washington Street and Lake La Quinta Drive. The site sits approximately four feet above the street at the southwest corner and two feet above Caleo Bay at the northeast corner. At the intersection of Washington Street and Lake La Quinta Drive in the landscape area adjacent to the project site is a monument sign identifying the Lake La Quinta project. Project Description General The applicant is proposing a 9,044 square foot building with a two story 3,512 square foot office area at the north end and single story 5,532 square foot restaurant in the balance of the building to the south (Attachment 2). The applicant presently operates a restaurant called "Omri and Boni" in Palm Desert and is moving it to this location. The restaurant consists of a main indoor dining area, adjacent bar, and small outdoor terrace for dining. The restaurant will serve dinner only, starting at 5:30 p.m. during the week, with possibly slightly expanded hours on weekends. The office area will be leased out and operate during the weekdays (7 a.m. to 5 p.m.). As required by the CR (Regional Commercial) zoning of the property, a Specific Plan has been submitted as part of the request. The Conditional Use Permit submitted is required by the original tract's conditions of approval. The Site Development Permit is required for consideration of the design aspects of the project. As part of the Specific Plan, the project is requesting a modification to the Zoning Code setback requirement for the building adjacent to Washington Street and Lake La Quinta Drive. Site Desian The irregularly shaped building is proposed adjacent to the southwest corner of the site with the long side adjacent to Washington Street. The entry to the restaurant is on the east side of the building facing the parking lot, with office entries on both the east and north sides of the building. The Zoning Code requires that all buildings within 150 feet of Washington Street not exceed 22 feet in height. The plans indicate the variable height building at a maximum of 22 feet. The Zoning Code required building setback is 30 feet on Washington Street and 20 feet on Lake La Quinta Drive. Encroachments of roof overhangs can be three feet into the setback. While the majority of the building complies with these requirements, on Washington Street one of the illuminated columns and a portion of the roof overhang P:\STAN\sp 2001-052 et al cc rpt.wpd 394 0DT encroaches. The column encroachment is approximately three feet, with a portion of the curved roof overhang adjacent to the restaurant encroaching three additional feet. Along Lake La Quinta Drive, two angular corners and one illuminated column of the restaurant portion of the building encroaches from 4-8 feet into the required 20 foot setback. A curved portion of the roof overhang of the restaurant encroaches a maximum of nine extra feet into the required setback. The building complies with the setback requirements if averaged due to its undulating walls. A single driveway will serve vehicular traffic for the project on Caleo Bay at the extreme north end of the site, approximately 130 feet north of Lake La Quinta Drive. The service and trash bin area will be at the southeast corner of the building, and will take access through the adjacent parking spaces during the daytime when those spaces are not needed. Architecture The building's footprint covers 5,532 square feet of area with a maximum height of 22 feet. The architecture of the building is contemporary highlighted by flat sloping roofs, internally illuminated frosted glass columns between extensive glass windows on the west, and angled or curving walls. The flat roof will overhang the large glass areas. An exterior second story balcony is provided at the northwest corner of the office area. The six parking spaces north of the office area will be covered by the second story of the office area. Roof equipment will be located in two well areas on the roof surrounded by screens designed to blend with the architecture of the building. Exterior materials for the building consist of smooth brushed metal on the roof fascia, horizontal corrugated metal siding, masonry block, stucco, and marble tile. Exterior colors consist of a medium grey building body, darker grey building accent, dark red accents, black entry accent, and brushed metal. Parking As permitted by Zoning Code Section 9.150.050.B, the applicant is requesting approval of an alternative method of calculating the required parking spaces for this restaurant/office project. Based on the Zoning Code requirements, the restaurant requires a total of 73 spaces (one space per 75 square feet of floor area) and the office area requires 14 spaces (one space per 250 square feet) for a total of 87 spaces. The applicant is providing 65 parking spaces and proposes that this is adequate for their upscale restaurant based on the following calculations. The applicant states that 34 tables are to be provided and all patrons of each table will arrive in a single car. To this number, the applicant adds 12 parking spaces for the employees working at the restaurant at any one time. This gives a total demand of 46 parking spaces for the restaurant. P:\STAN\sp 2001-052 et al cc rpt.wpd 00, 395 The applicant presents an alternative method of calculating parking demand whereby based on one space per 75 square feet of the dining area, 32 spaces would be required. The restaurant workspace (1,663 square feet), based on one space per 200 square feet, would require eight spaces. Allowing for a 25% overlap an additional eight spaces would be required. This results in a total of a demand of 48 spaces. An additional parking calculation presented by the applicant states there will be 154 seats plus 12 employees. Assuming a factor of three people per car, 51 .33 or 52 parking spaces are needed. The 65 parking spaces proposed would exceed the required number of spaces based on any of the methods presented by the applicant. Based on the Zoning Code requirements, the 3,512 square foot office area requires 14 parking spaces (one parking space per 250 square feet). Because the restaurant is a night use only and the office is a day use, the applicant is requesting a "shared parking" use. As such, the office users would have use of the entire 65 space parking lot during the day, which is its primary operating period, and the restaurant would use the entire lot in the evening hours. Landscaping The preliminary landscaping plan indicates primarily low water use trees, shrubs, and groundcover as well as decomposed granite/stone use. The majority of the site is ringed by trees with a continuous planter with trees between the double row of parking. The plans indicate the existing palm trees and lawn are to be retained. Three foot high mounding with shrub planting is shown between the parking lot and streets to screen the parking lot areas. Sians The elevation plans show one sign consisting of individual letters on the front or east side of the building mounted on the marble tile wall adjacent to the south side of the restaurant entry. No signs are indicated for the office area. The applicant intends to submit a sign program for the project prior to issuance of a building permit. Exterior Lighting As previously noted, the columns adjacent to the glass windows of the restaurant facing Washington Street will be internally illuminated with the glass encased columns having a sandblasted frosted appearance. The parking lot will be illuminated with cylindrically shaped luminaires with a floating reflector shade on seven foot high standards. Environmental Consideration The La Quinta Community Development Department has completed Environmental Assessment 2001-412 for this project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended. Based upon this assessment the P:\STAN\sp 2001-052 et al cc rpt.wpd 3 9 G 004 project has been determined not to have a significant effect on the environment; therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification. Public Notice This request was advertised in the Desert Sun newspaper on March 12, 2001. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval for this case. Architecture and Landscaping Review Committee (ALRC) Consideration The ALRC reviewed this request at its meeting of March 7, 2001, and on a 3-0 vote, adopted Minute Motion 2001 -011, recommending approval as submitted, subject to conditions which have been incorporated into this action (Attachment 3). Planning Commission Review The Planning Commission reviewed this request at its meeting of March 13, 2001. On a 4-1 vote, with Chairman Robbins voting no, the Commission adopted Resolutions 2001-028 through 031, recommending certification of the Mitigated Negative Declaration and approval of the Specific Plan, Conditional Use Permit, and Site Development Permit, subject to the Findings and Conditions of Approval (Attachment 4). Prior to the hearing, a letter from St. Francis of Assisi across Washington Street was received stating they did not object to the project provided alcohol is not served (Attachment 5). FINDINGS AND ALTERNATIVES: The Findings to approve these applications can be made as noted in the attached Resolutions. The alternatives available to the City Council include: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for the Environmental Assessment 2001-412; and Adopt a Resolution of the City Council approving Specific Plan 2001-052, subject to findings and Conditions of Approval; and P:\STAN\sp 2001-052 et al cc rpt.wpd 397 905 Adopt a Resolution of the City Council approving Conditional Use Permit 2001- 056, subject to findings and Conditions of Approval, and Adopt a Resolution of the City Council approving Site Development Permit 2001-690, subject to the Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2001-412, Specific Plan 2001-052, Conditional Use Permit 2001-056, and Site Development Permit 2001-690; or 3. Provide staff with alternative direction. Respectfully submitted, Jef"ry Her)dn C¢mmuni y Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Specific Plan text and plans (large for City Council only) 3. Architecture and Landscaping Review Committee minutes for the meeting of March 7, 2001 4. Planning Commission minutes for the meeting of March 13, 2001 5. Letter from St. Francis of Assisi received March 2, 2001 333 006 P:\STAN\sp 2001-052 et al cc rpt.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-412 PREPARED FOR SPECIFIC PLAN 2001-052, CONDITIONAL USE PERMIT 2001-056 AND SITE DEVELOPMENT PERMIT 2001-690 ENVIRONMENTAL ASSESSMENT 2001-412 APPLICANT: OMRI SIKLAI WHEREAS, the City Council of the City of La Quinta, California, did, on the 3RD day of April, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-412 for Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690, generally located at the northeast corner of Washington Street and Lake La Quinta Drive, more particularly described as follows: APN 643-200-005 WHEREAS, said Environmental Assessment 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 Initial Study (EA 2001-412) and has determined that although the proposed Specific Plan, Conditional Use Permit and Site Development Permit could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the Conditions of Approval for Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690, and a Mitigated Negative Declaration of Environmental Impact should be filed; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13T" day of March, 2001, hold a duly noticed Public Hearing to consider the Environmental Assessment, and did adopt Resolution 2001-028, recommending certification, subject to the Findings; and, 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 Environmental Assessment: 3J3 007 P:\STAN\ea 2001-412 cc res.wpd Resolution 2001- Environmental Assessment 2001-412 Adopted: April 3, 2001 The proposed Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-412. 2. The proposed Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690 do not have the potential to achieve short- term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed Specific Plan 2001-052, Conditional Use Permit 2001-056 and Site Development Permit 2001-690 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered the Environmental Assessment 2001-412 and the Environmental Assessment reflects the independent judgement of the City. 4�0 P:\STAN\ea 2001-412 cc res.wpd 008 Resolution 2001- Environmental Assessment 2001-412 Adopted: April 3, 2001 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment, 2. That it does hereby certify Environmental Assessment 2001-412 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-412 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3RD day of April, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 401 P:\STAN\ea 2001-412 cc res.wpd P:\STAN\ea Resolution 2001- Environmental Assessment 2001-412 Adopted: April 3, 2001 ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 402 �10 P:\STAN\ea 2001-412 cc res.wpd 1. 2. 3. 4. 5. Environmental Checklist Form Project Title: Environmental Assessment 2001-412, Specific Plan 2001-052, Conditional Use Permit 2001-056, Site Development Permit 2001-690 Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Contact Person and Phone Number: Stan B. Sawa, 760-777-7125 Project Location: Northeast corner of Washington Street and Lake La Quinta Drive. Project Sponsor's Name and Address: Omri Siklai 56 Oakmont Drive Rancho Mirage, CA 92270 General Plan Designation: Mixed Regional Commercial 7. Zoning: Regional Commercial 8. a 10 Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Specific Plan to establish development standards for the construction of a 5,532 s.f. restaurant with attached 3,512 s.foffice building. The Conditional Use Permit is required because of original Tract conditions. The Site Development Permit request implements the standards of the Specific Plan and Zoning Code. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Vacant Regional Commercial lands South: Vacant Regional Commercial lands East: Lake La Quinta recreation lot for residential development West: Washington Street, La Quinta Arts Foundation site. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) - Riverside County Health Department, Alcoholic Beverage Control. P:\STAN\EACkIist0mri.WPD 403 011. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Determination On the basis of this initial evaluation: Hazards & Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature STAN B. SAWA Printed Name 07 0 01 Date CITY OF LA OUINTA 4 4 For P:\STAN\EACk1ist0mri.WPD Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) , All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Ott 4J5 PASTAN\EACklistOmri. W PD Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X ►99 X X 0.1 X X X 4 (114 6 IV. V. d) Expose sensitive receptors to substantial pollutant concentrations? (Application materials) e) Create objectionable odors affecting a substantial number of people? (Application materials) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Application materials, General Plan EIR p. 4-65 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan EIR p. 4-65 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (General Plan EIR p. 4-65 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (General Plan EIR p. 4-65 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Application materials, General Plan EIR p. 4-77 ff.) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (General Plan EIR p. 4-77 ff.) c) Disturb or destroy a unique paleontological resource or site? (General Plan EIR p. 4-77 ff.) X X X X X X X X X X X 015 497 VI. VII. d) Disturb any human remains, including those interred outside of formal cemeteries? (General Plan EIR p. 4-77 ff.) GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) X X X X X X X X 08 f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-11) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (Master Environmental Assessment 6-13) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Master Environmental Assessment 6-13) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Master Environmental Assessment 6-13) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Land Use Element) P GI X X X X X X X X X X X. K" XIII. c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Application Materials) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Application Materials) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Application Materials) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Application Materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: X X X M 91 X X X X X 018 410 Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?(Application materials) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Application Materials) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application Materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application Materials) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) X X X X X ro X X X X X X X 11 d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20)Site Development Permit 2001-690 e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan WA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSES. X X 11 GI X U X Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. No earlier analyses specific to this project site have been used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. 0i'0 41 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. Paleontological Lakebed Delineation Map, City of La Quinta. City of La Quinta Municipal Code 021, 413 Addendum for Environmental Assessment 2001-412 Omri Siklai I. a) & c) Washington Street is designated a Primary Image Corridor in the City's General Plan. This designation requires that special landscaping and building setbacks be incorporated into project design. The Specific Plan and Site Development Permit have incorporated these standards. This will ensure that the impacts to visual resources are reduced to a less than significant level. I. d) The proposed project will occur on a currently vacant parcel which does not generate any light, and will therefore represent an increase in light levels for the area. The project will, however, be required to meet the City's standards for outdoor lighting, (Section 9.100.150 of the Zoning Ordinance) which will ensure that lighting is directed downward and contained within the project site. III. a), b) & d1 The proposed project is consistent with the Regional Commercial land use designation assigned to the site. Similar land uses were analyzed as part of the General Plan EIR. The proposed project will result in 9,044 square feet of restaurant and office space on the site. Based on the land uses proposed, the project can be expected to generate approximately 537 trips per day'. As shown in the Table below, the project will not exceed any SCAQMD thresholds. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 19.42 0.75 3.98 -- 0.08 0.08 Daily Threshold* 550 75 100 150 Based on 537 trips/day and average trip length of 7.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD, Table 6-2 for assistance in determining the significance of a project. The Coachella Valley has in the past been a non -attainment area for PM10 (particulate matter of 10 microns or smaller). In order to control PM10, the City has imposed standards and requirements on development to control dust. Institute of Traffic Engineers, Trips Generation Handbook, 6th Edition, for General Office (710) and Quality Restaurant (831). P:\STAN\EAAdd0mri.WPD n 414 SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures: No earth moving activity shall be undertaken without the review and approval of a PM10 Management Plan. The applicant shall submit same to the City Engineer for review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 13. The project shall provide for non -motorized transportation facilities and P:\STAN\EAAdd0mri.WPD 02:3 415 shall implement all feasible measures to encourage the use of alternate transportation measures. 14. Bicycle racks and/or other mandated alternative transportation provisions shall be included in project design, in conformance with City ordinances in effect at the time of development. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. Further, the air quality impacts from the proposed project fall within what was studied in the General Plan EIR. The City determined at that time that air quality impacts associated with the buildout of the City required a Statement of Overriding Considerations, which determined that the impacts to air quality of development of the Plan would be cumulatively significant when considered in conjunction with regional development, and that the City would implement all feasible measures to reduce emissions within its boundaries. IV. a) The proposed project site has been previously graded, and does not provide wildlife with high quality habitat. The proposed project is located within an area of potential habitat for the black -tailed gnat catcher'. A biological resource survey performed to assess the potential presence of this species on a parcel of land immediately south of the proposed project in 2000, however, found that the area was not appropriate for maintenance of the species. Also, the site has been significantly disturbed. No further analysis is required for this species. IV. f) The proposed project is located within the required fee area for the Coachella Valley Fringed -toed lizard, and will be required to pay the mandated fee at the issuance of building permits. The payment of the fee will reduce the potential impacts to a less than significant level. V. b) The proposed project site has been previously graded. Surficial artifacts are therefore unlikely. The potential does exist, however, for sub -surface artifacts. In order to mitigate this potential impact, the following mitigation measure shall be implemented: Should any earth moving activity on the site uncover a potential archaeological resource, all activity on the site shall stop until such time as a qualified archaeologist has evaluate the resource, and recommended mitigation measures. The archaeologist shall also be required to submit City of La Quinta General Plan EIR, 1992. 024 P:\STAN\EAAddOmJ.WPD 416 to the Community Development Department, for review and approval, a written report on all activities on the site. VI. a) i) & ii) The proposed project lies in a Zone III groundshaking zone, and within one mile of an inferred fault. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. In order to mitigate and protect the City from this hazard, the City has adopted the Uniform Building Code, and the associated construction requirements for seismic zones. The proposed project will be required to meet these standards. This mitigation will be sufficient to reduce impacts to a less than significant level. VI. b) & c) The project site is located adjacent to an area where soils have a risk of wind erosion. The City requires all development to submit, for review and approval, a blowsand hazard mitigation plan (PM10 plan) as part of the review of grading permits. The project proponent will be required to meet these standards. This mitigation measure will reduce impacts to a less than significant level. VIII. b) All development adds to demand for groundwater. The project will also be required to retain storm flows on -site, which will encourage percolation of storm water into the ground. Finally, the proposed project will be required to meet the requirements of the City's water -conserving landscaping ordinance, which requires that projects demonstrate that landscaping plans are water -efficient. These mitigation measures will reduce potential impacts to a less than significant level. VIII. c1-e) The proposed project, through the construction of buildings and parking lots, will create impermeable surfaces, which will change drainage patterns in a rain event. The project will, however, be required to meet the City's standards for retention of the 100 year storm on -site. This will control the amount of runoff which exits the site during a storm. The site's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. IX. c► The proposed project occurs within the boundary of the Coachella Valley fringe - toed lizard habitat conservation plan. The proposed project will be required to pay the mandated fee to mitigate for potential impacts to this species. XI. a) The proposed project is to be located within the Regional Commercial land use designation, and surrounded on three sides by roads and other commercial development. The proposed project is not a sensitive receptor. The project P:\STAN\EAAdd0mri.WPD 025 417 does have a potential to impact sensitive receptors immediately east, in the Lake La Quinta project. The Lake La Quinta development occurs in an area which meets the City's noise standards. In addition the perimeter landscaping proposed within the proposed project, an interior street separates the project from the residential development, creating added separation. A wall occurs on the western boundary of the Lake La Quinta project, which mitigates noise impacts also. It is not expected that the proposed project will significantly impact the noise environment in the area. XI. c) The construction of the proposed project has the potential to create temporary construction noise impacts on the residential units to the east. In order to mitigate these potential impacts, the project proponent shall implement the following mitigation measures: All construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. 2. Construction staging areas shall be located as far from the eastern boundary of the project as possible. 3. On -site generators, if required, shall be located in the northwestern corner of the site. XIII. All development increases the need for public facilities. The project, however, will generate land uses which have a limited impact on public services. The design of the project site will be reviewed by both the Fire and Police departments, whose conditions of approval will be incorporated into project approvals. This will ensure that any potential impact is mitigated to a less than significant level. XV. a) & b) The land uses planned for the proposed project are typical of those considered in the General Plan land use designation of Regional Commercial, and have therefore been previously analyzed in the General Plan EIR and MEA. The project will not create any impact above those already considered and mitigated under the General Plan review. XV. f) The proposed project includes less parking than would be required by the Zoning Ordinance. The justification provided by the applicant, as allowed in the Zoning ordinance, allows for a reduction in parking due to the complementary uses proposed (office use during the day and restaurant use at night); the justification 026 P:\STAN\EAAddOmri.WPD 4 1 ° also includes analysis particular to the up -scale restaurant use, which will generate less demand. The potential for a shortfall can be eased through the implementation of valet parking for the restaurant use, which will allow for controlled parking activity. In order to mitigate this potential impact, the following mitigation measure shall be implemented: Prior to issuance of building permits, the project proponent shall submit, for review and approval, a valet parking plan, which commits the proponent to valet parking during all times when the restaurant is open. Failure to maintain a valet parking program shall result in revocation of the use permit for this project. P:\STAN\EAAdd0mri.WPD 027 419 ►� N O 0 0 M Ln rA 0 U O CIO w h A a d O C) N N U ►7 O z O x U A U W d W F d A W ,>+ Fl z� A d a� U x U U U d a w a x U � a a by � o H U F � y o_ o� a` a Wa c4 0 z� Q oz a U �1 C .N x U Cc ~ N Ey Y a U c U � E p, c a. a` t .,' 028 v a 3 E O 0 a W z ( c )§ *k . \u o� Qu / ) M § _ j t § \ § m co \ k \ / \ 2 / :} j c®2 / % CIO � cli # _ _ # ; / # U \ 0 k ( ƒ § e { § \ \ 0 .ct ., .\ a{% a$ 2 a@ a E \ § ` \ kd Q k? { CA u Q # §2 #, E / $ k \ y y § ( / 2 e k •� to to 3 / E § § 3a) = et \ u \ \ u u \ \ � � e � ( \z f ( 2 0 § § § { ) A e / \ @ ) 2 m \ .§ \ \ \ \ \ \ / E 0 ® . / 0 029 2 2} W F d A U 02 zA d W U W ox U U c 0 d � a a o U U y q- xa b 0 ►w U F v�i o 0 'C a� a a jr4 rz t r -o N z w ° o U ° ' Fy d CW)00 C4 a T iiU�jJ V� � U � a w W F d A U � zA d V x oU U d U 0 o U U csa L c� bb .o F � Q) bo C] a �z E a �o oz Q w 0 a �E E a U f) O to O F v� W ' o U b o 'D 0 0 d � •a ❑ °e a F o 0 d y W L � N 030 1212 ( 0 }\ a/ \_ Qu � ± 3 E u u § �/3 \ƒ\ \ to a �e � \7 � 22/ §o \ to §\ to r \ kf _ 2\ k7 §� /{ »@ So § � � =z \ § } _ ® ( c }§ q� k� uu a / B � � ) [ /j? / w / § •! E ƒ k 2}0 \ 4\ a 0 \ w\ \ z k? � / f f \) & E & $ k z k ) m •\ to \ _ m a z Q z 'm 7 \ .� \ a — «\ \ ƒ # §] 4 W F d A U � zA a U d." O U U d W N N Cd of a a U U � � =o v � •o 0 0 tZ-i a U a L � L W c c c a 0 � Wz �o c u z� e : s z °O Q Q Q b L C O y a z o C � a U N co _r_ E o O c yC' � U ciz • � O °a W F d A U � zA wU O U U C a W F a 3 U cd Y cz � o z U ca FN •O Y_ L E N Q dd a C wz ey a zz Q N G Q a E = a E ° 's O U W U u � O O E o E W U Q a rot y w a C4C 4 0 ca 15G 11 �-•� En U yC unn O cn -i a 3 032 W F d A U � zA d W a U W ox U U vi W F a C � U o a. 8 on c b C7 bo w 0 H a� U F V�j O N O o� G o oz Q w a et 6 a U �1 O F d O � :.Y a y co _o W � a a a 3 E 0 c 425 033 wz CL RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PRINCIPALS AND GUIDELINES FOR A RESTAURANT AND OFFICE BUILDING CASE NO.: SPECIFIC PLAN 2001-052 OMRI SIKLAI WHEREAS, the City Council of the City of La Quinta did on 3rd day of April, 2001, hold a duly noticed public hearing to consider the request of OMRI SIKLAI for approval of Specific Plan development principals and guidelines for a restaurant and office building, located on the northeast corner of Washington Street and Lake La Quinta Drive, more particularly described as: Parcel 5, Parcel Map 27892 WHEREAS, said Specific Plan has complied with the requirements of `The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-412), and determined that the proposed Specific Plan will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13T" day of March, 2001, hold a duly noticed Public Hearing to consider the Specific Plan, and did adopt Resolution 2001-029, recommending approval, subject to the Findings and Conditions of Approval; 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 to justify approval of the Specific Plan: The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan in that the property proposed for the commercial project is designated as Regional Commercial which is consistent. 2. The Specific Plan, subject to conditions will not create conditions materially detrimental to the public health, safety, and general welfare in that the commercial development allowed under the Specific Plan is compatible with existing uses and surrounding zoning, and development standards and infrastructure proposed in the Specific Plan will ensure high quality development. 3. The Specific Plan will provide land use compatibility with zoning on adjacen properties in that the project principles and guidelines ensure that the propose . G adjacent uses will not be negatively impacted. 034 p:\stan\sp 2001-052.frm Resolution No. 2001- Specific Plan 2001-052 Adopted: April 3, 2001 Page 2 4. The Specific Plan project is suitable and appropriate for the property in that the property has been designated for commercial use and development will comply with applicable City requirements. 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. 2. That it does hereby approve the above -described Specific Plan request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of April, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PEIVA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4"7 035 p:\stan\sp 2001-052.frm RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 GENERAL The use of the subject property for commercial uses shall be in conformance with the approved exhibits and conditions of approval contained in Specific Plan 2001-052, Conditional Use Permit 2001-056, Site Development Permit 2001- 690 and Environmental Assessment 2001-412, unless otherwise amended by the following conditions. 2. The applicant 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 Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 3. 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 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 4:'.3 P:\STAN\sp 2001-052 cc coa.wpd Printed March 23, 2001 Page ,1 of 6 036 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 4. 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 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. 5. 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. 6. 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. GRADING 7. If applicant proposes grading/fill operations that encroach on existing retention basins, applicant shall provide additional hydrology calculations proving the new retention basin configuration meets the hydrological requirements and the requirements of Engineering Bulletin #97-03 4?9 P:\STAN\sp 2001-052 cc coa.wpd Printed March 23, 2001 Page 2 of 6 037 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 8. Prior to issuance of a grading permit, the applicant shall furnish an approved grading plan prepared by a qualified engineer. 9. 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. 10. 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. 11. 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. 12. 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. DRAINAGE 13. Stormwater handling shall conform with the approved hydrology and drainage plan for Lake La Quinta. Nuisance water shall be retained on -site and disposed of in an approved manner. UTILITIES 14. 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. 15. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration 4:30 O38 P:\STAN\sp 2001-052 cc coa.wpd Printed March 23, 2001 Page 3 of 6 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 16. Parking lot entry off Caleo Bay shall have a minimum width of 28-feet per Riverside County Standard Drawing 207. 17. 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). 18. 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. 19. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 20. 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. 21. 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 431 P:\STAN\sp 2001-052 cc coa.wpd 039 Printed March 23, 2001 Page 4 of 6 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. LANDSCAPING 22. 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. QUALITY ASSURANCE 23. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 24. 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. 25. 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. 26. 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. MAINTENANCE 27. 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. 432 040 P:\STAN\sp 2001-052 cc coa.wpd Printed March 23, 2001 Page 5 of 6 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-052 OMRI SILKAI APRIL 3, 2001 FEES AND DEPOSITS 28. 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. 29. Within three days after City Council approval, a check for $78.00, made out to the County of Riverside, shall be submitted to the Community Development Department for filing of the required Notice of Determination. ENVIRONMENTAL 30. All requirements of the Mitigation Monitoring Plan for Environmental Assessment 2001-412 shall be met as required. FIRE MARSHAL 31. All requirements of the Fire Marshal shall be met, as determined during plan check prior to issuance of a building permit. MISCELLANEOUS 32. Prior to issuance of building permits, the project proponent shall submit, for review and approval, a valet parking plan, which commits the proponent to valet parking during all times when the restaurant is open. Failure to maintain a valet parking program shall result in revocation of the permit for this project. 33. Prior to issuance of a grading permit or building permit, whichever occurs first, the specific plan text shall be revised to include the valet plan required in Condition #32 and development standards allowing the building to encroach into the required building setbacks as shown on the approved plans. 34. The location maps in the specific plan text shall be changed to be generic. 433 041. P:\STAN\sp 2001-052 cc coa.wpd Printed March 23, 2001 Page 6 of 6 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING RESTAURANT AND OFFICE USES AT THE NORTHEAST CORNER OF WASHINGTON STREET AND LAKE LA QUINTA DRIVE CASE NO.: CONDITIONAL USE PERMIT 2001-056 OMRI SIKLAI WHEREAS, the City Council of the City of La Quinta did on the 3rd day of April, 2001, hold a duly noticed public hearing to consider the request of OMRI SIKLAI for approval of a Conditional Use Permit for restaurant and office uses, located on the northeast corner of Washington Street and Lake La Quinta Drive, more particularly described as: Parcel 5, Parcel Map 27892 WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-412), and determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13T" day of March, 2001, hold a duly noticed Public Hearing to consider the Conditional Use Permit, and did adopt Resolution 2001-030, recommending approval, subject to the Findings and Conditions of Approval; 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 to justify approval of the Conditional Use Permit: The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial which is consistent. 2. This project has been designed to be consistent with the provisions of the Zoning Code or amended as allowed in the applicable Specific Plan. 434 042 Resolution No. 2001- Conditional Use Permit 2001-056 Adopted: April 3, 2001 Page 2 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified. 4. The site design of the project is appropriate for the use in that it has been designed with the parking and vehicular access away the major arterial street (Washington Street), and provided with adequate landscaping. 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. 2. That it does hereby approve the above -described Conditional Use Permit request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of April, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 435 043 p:\stan\cup 2001-056 pc.frm Resolution No. 2001- Conditional Use Permit 2001-056 Adopted: April 3, 2001 Page 3 ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 433 044 p:\stan\cup 2001-056 pc.frm RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2001-056 OMRI SIKLAI APRIL 3, 2001 GENERAL The use of the subject property for commercial uses shall be in conformance with the approved exhibits and conditions of approval contained in Conditional Use Permit 2001-056, Specific Plan 2001-052, Site Development Permit 2001- 690 and Environmental Assessment 2001-412, unless otherwise amended by the following conditions. 2. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the project. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 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 in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to issuance of building permits, the project proponent shall submit, for review and approval, a valet parking plan, which commits the proponent to valet parking during all times when the restaurant is open. Failure to maintain a valet parking program shall result in revocation of the use permit for this project. 5. The restaurant shall not exceed 142 seats as specified in the Specific Plan. 6. The restaurant hours of operation shall be as stated in the Specific Plan: 5:30 p.m. - 11 p.m. on weekdays, with expanded hours on weekends. 437 P:\STAN\cup 2001-056 cc coa.wpd 045 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A RESTAURANT AND OFFICE BUILDING AT THE NORTHEAST CORNER OF WASHINGTON STREET AND LAKE LA QUINTA DRIVE CASE NO.: SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI WHEREAS, the City Council of the City of La Quinta did on the 3rd day of April, 2001, hold a duly noticed public hearing to consider the request of OMRI SIKLAI for approval of development plans for a restaurant and office building, located on the northeast corner of Washington Street and Lake La Quinta Drive, more particularly described as: Parcel 5, Parcel Map 27892 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2001-412), and determined that the proposed Site Development Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13T" day of March, 2001, hold a duly noticed Public Hearing to consider the Site Development Permit, and did adopt Resolution 2001-031, recommending approval, subject to the Findings and Conditions of Approval; 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 to justify the approval of the Site development Permit: The project is consistent with the General Plan in that the property proposed for the commercial project is designated as Regional Commercial which is consistent. 2. This project has been designed to be consistent with the provisions of the Zoning Code, Specific Plan, and applicable Site Development Permit or has be conditioned to be so. 43g 046 Resolution No. 2001- Site Development Permit 2001-690 Adopted: April 3, 2001 Page 2 3. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and a Mitigated Negative Declaration of Environmental Impact has been certified. 4. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city in that the design as conditioned has addressed these issues. 5. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, and complement the surrounding project area, ensuring lower maintenance and water use. The landscaping has been designed to be compatible with the surrounding area, complement the proposed improvements and provide required shading of the parking area with the inclusion of additional planters adjacent to the building. 6. One sign for the restaurant has been shown conceptually on the east side of the building. The project has been conditioned to submit a sign program for approval by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve the above -described Site Development Permit request for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. 433 p:\stan\sdp 2001-690 cc.frm 047 Resolution No. 2001- Site Development Permit 2001-690 Adopted: April 3, 2001 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3`d day of April, 2001, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 440 ME p:\stan\sdp 2001-690 cc.frm RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 GENERAL The use of the subject property for commercial uses shall be in conformance with the approved exhibits and conditions of approval contained in Site Development Permit 2001-690, Conditional Use Permit 2001-056, Specific Plan 2001-052, and Environmental Assessment 2001-412, unless otherwise amended by the following conditions. 2. The applicant 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 development application. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 3. 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 • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 441. P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 1 of 7 049 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 4. 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 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. 5. 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. 6. 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. GRADING 7. If applicant proposes grading/fill operations that encroach on existing retention basins, applicant shall provide additional hydrology calculations proving the new retention basin configuration meets the hydrological requirements and the requirements of Engineering Bulletin #97-03. 8. Prior to issuance of a grading permit, the applicant shall furnish an approved grading plan prepared by a qualified engineer. 442 050 P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 2 of 7 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 9. 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. 10. 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. 11. 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. 12. 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. DRAINAGE 13. Stormwater handling shall conform with the approved hydrology and drainage plan for Lake La Quinta. Nuisance water shall be retained on -site and disposed of in an approved manner. UTILITIES 14. 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. 15. 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. 443 053. P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 3 of 7 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 STREET AND TRAFFIC IMPROVEMENTS 16. Parking lot entry off Caleo Bay shall have a minimum width of 28-feet per Riverside County Standard Drawing 207. 17. 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). 18. 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. 19. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 20. 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. 21. 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. owl&-jemaulel 22. 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. 444 051.1 P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 4 of 7 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 23. Prior to issuance of building permits for the building authorized for this property, final landscape working drawings shall be approved by the Community Development Department. Compliance with the City Water Efficient Landscaping Ordinance shall be included. Tree caliper sizes per industry standards shall be specified. 24. Prior to issuance of building permits for the building authorized for this property, final working drawings shall be approved by the Community Development Department. 25. Revise the Landscape plans to include planter areas adjacent to the building on the north and east sides. QUALITY ASSURANCE 26. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 27. 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. 28. 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. 29. 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. 443 051 P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 5 of 7 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 MAINTENANCE 30. 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. FEES AND DEPOSITS 31. 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. 32. Within three days after City Council approval, a check for $78.00, made out to the County of Riverside, shall be submitted to the Community Development Department for filing of the required Notice of Determination. MISCELLANEOUS 33. A 3'-6" decorative screen wall shall be provided around the perimeters of the parking lot portions of the site on the south, east, and west if the Community Development Department determines during final plan check that the landscape mounding and planting will not be adequate to provide screening of vehicle headlights. 34. Prior to issuance of building permits, the project proponent shall submit, for review and approval, a valet parking plan, which commits the proponent to valet parking during all times when the restaurant is open. Failure to maintain a valet parking program shall result in revocation of the use permit for this project. SIGNS 36. A sign program, complying with Zoning Code Chapter 9.160, providing details for all signs shall be submitted to the Community Development Department for approval by the Planning Commission, prior to issuance of the building permit. 440 051 P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 6 of 7 RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2001-690 OMRI SIKLAI APRIL 3, 2001 LIGHTING 37. A detailed parking lot lighting plan complying with Zoning Code Section 9.100.150, including fixtures, their locations, and a photometrics study shall be submitted to and approved by the Community Development Department prior to issuance of the building permit. ENVIRONMENTAL 38. All requirements of the Mitigation Monitoring Plan for Environmental Assessment 2001-412 shall be met as required. FIRE MARSHAL 39. All requirements of the Fire Marshal shall be met, as determined during plan check prior to issuance of a building permit. 447 055 P:\STAN\sdp 2001-690 cc coa.wpd Printed March 23, 2001 Page 7 of 7 ATTACHMENT #2 i M Z Q 4 G•' 0 - - - Q®` I 9P coot m � Ru u~ O U, ON 0 om LL Q N �chN /1! // 11 Ill � `0 vlPh�N WNNh h.0Of� t7 c •-Nt7 N OOOy 0 V Q N c° N / ! c LL m v ar oLL c E r r 1 _ lYl c O rEE S 11 r V-- n— N L D O f m!- O N N 4 o. de----N Q Miaa y1N1�� ei 3,y fl----------------- I II II II I Ir I I II II II 11 II L*r{.7 ATTACHMENT #3 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA Mar 7, 2001 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10:06 a.m. by Planning Manager Christine di lorio who led the flag salute. B. Committee Members present: Dennis Cunningham, Bill Bobbitt, and Frank Reynolds. C. Staff present: Planning Manager Christine di lorio, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Planning Manager Christine di lorio asked if there were any changes to the Minutes of February 7, 2001. Committee Member Reynolds asked that Page 4, Item #8 be corrected to read, " ...what the depth of the windows would be." There being no further corrections, it was moved and seconded by Committee Members Reynolds/Bobbitt to approve the minutes as corrected. V. BUSINESS ITEMS: 400VOWWAO7 A. Site Development Permit 2001-686; a request of Omri Siklai, for review of development plans for a commercial buildings consisting of a restaurant and office, located at the northeast corner of Washington Street and Lake La Quinta Drive. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 451 060 G:AW PDOCS\ALRC3-7-0 Lwpd Architectural & Landscape Review Committee Minutes March 7. 2001 2. Mr. Omri Siklai stated they had no objections to staff's recommendations. Mr. Lew Bishop, architect for the project, made a presentation. 3. Committee Member Bobbitt stated that being contemporary in style it almost has a Frank Geary look and most buildings currently in the City are Spanish or Spanish Revival, how does this fit in with the surrounding architecture? Staff stated the City does not have any design guidelines requiring a Spanish design. Recently the La Quinta Court was approved with a different architectural style. Each specific plan defines its own look. The Church and the La Quinta Inn each stand on their own. Committee Member Bobbitt stated there are not a lot of structures in this area currently and it is hard to determine what it will look like with the different styles. 4. Committee Member Cunningham stated he has been a proponent of the Spanish architecture as exemplified by the La Quinta Hotel, and the Von's Plaza. That would have been a good guideline for the City, but the City did not adopt those guidelines and now we have some buildings that are not attractive. There are some new projects however, that are bringing in some new designs such as the La Quinta Court and Point Happy. The City Hall itself created a lot of controversy. This design is dynamic and does tie into the City Hall design and the La Quinta Court and will be a signature building. 5. Committee Member Reynolds asked what would be built on the adjoining property to tie in with this. 6. Committee Member Cunningham stated that as this is the first building in this area, it will set the precedent for the next project. 7. Committee Member Reynolds stated the only access to the project is from Caleo Bay and with the low lighting on the parking lot it could be a concern for mischief and the applicant might want to consider more light. Mr. Bishop stated they want the low level lighting. The taller lights will be in the same place as the tree tops so they lowered the lights down to be below the trees which creates an ambient feeling. Committee Member Reynolds stated it will be difficult for law enforcement to see into the parking lot with the low level lighting and landscaping. The applicant stated this is in conflict with the City's standards which requiring the lush landscaping and no access off Washington Street. 4rJ � 061. G:\WPDOCS\ALRC3-7-0 2 Architectural & Landscape Review Committee Minutes March 7, 2001 8. Committee Member Cunningham asked if the idea was to bring the vehicles in an understated way with the building attracting attention. Mr. Bishop stated yes. 9. Committee Member Bobbitt stated he likes the way the project is set out and the landscaping is great. The building is a good looking building and his concern was only that it would not fit in and after the discussion, he is satisfied with the design. Mr. Bishop stated that a community that bridges more than one style is the essence of America. Their concept was to have a collective mix with the proposed Arts Foundation, Church and other surrounding businesses. 10. Committee Member Cunningham asked if the metal would be left in its natural state to weather. The applicant stated yes. Committee Member Cunningham stated that with the way it is done with the marble and landscaping, it is a fresh design. If used correctly it is a beautiful statement, but it may need to be defended as some people do not like it. 1 1 . Committee Member Bobbitt stated he would like to see some low level planting to soften the look on the north and east elevations. 12. There being no further discussion, it was moved and seconded by Committee Member Cunningham/Reynolds adopt Minute Motion 2001-01 1 recommending approval of Site Development Permit 2001-686, subject to the conditions. Unanimously approved. VI. ORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Reynolds/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a special meeting to be held on March 21, 2001. This meeting was adjourned at 10:42 a.m. on March 7, 2001. Respectfully submitted, 453 BETTY J. SAWYER, Executive Secretary City of La Quinta, California ns� G:AW1`D0CS\ALRC3-7-0l.wpd 3 ATTACHMENT #4 Planning Commission Minutes March 13, 2001 submitted a request for a palm tree 75 feet high. If they relocate it with no lights they could lower the pole to 60 feet with either design.- o ballfield lights are at 60 feet they would have to go up the additional ten ee t. 16. Commissioner Butler stated there appears to be the ossibility of more poles being placed in theXofill stated yes. Commissioner Butler asked if thescould also be monopalms, or are they absorbing tspace for the support facilities. He does not wpark up with monopalms. 17. There being no further discussigiK, it was moved and seconded by Commissioners Kirk/Tyler o adopt Planning Commission Resolution 2001-026 F,as mending Certification of a Mitigated Negative Declaration ironmental Impact for Environmental Assessment 2001-4 ecommended. ROLL CALL: AYES: C mmissioners Abels, Butler, Kirk, Tyler, and Chairm n Robbins. NOES: None. ABSENT: None. ABS IN: None. 18. It was oved and seconded by Commissioners Kirk/Abets to adopt Plan ing Commission Resolution 2001-027 recommending a roval of Conditional Use Permit 2001-054, as amended. a. Condition 7.C.: The monopole and its antennas shall be a 60 foot high monopalm. LL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSEN one. ABSTAIN: None. C. Environmental Assessment 2001-412, Specific Plan 2001-052. `7 Conditional Use Permit 2001-056, and Site Development Permit 2001- 690; a request of Omri Sikla for Certification of a Mitigated Negative Declaration of Environmental Impact and development plans for a commercial building consisting of a restaurant and office located at the northeast corner of Washington Street and Lake La Quinta Drive. Chairman Robbins opened the public hearing and asked for the4 J 4 staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 06 G:\WPDOCS\PC3-1 3-01 .wpd 5 Planning Commission Minutes March 13, 2001 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked if changes were made based on the Architecture and Landscaping Review Committee (ALRC) recommendations regarding lighting. Staff stated no changes were required by the ALRC and the applicant stated they did not see any problems with the lights as proposed. Commissioner Kirk questioned whether or not the Thomas Bros. Map pages could be copied into a document that would become a City document without their permission. Assistant City Attorney John Ramirez stated he concurred that it would not be the preferred method. Commissioner Kirk stated it seemed strange and excessive to have a Specific Plan on this size of project, so he assumed the Zoning Code requires it in the CR district. Staff stated that was correct as well as the General Plan requirement. Commissioner Kirk asked how the mitigation monitoring document would be used. It is staff's perspective to have a mitigation measure prepared with every item that is identified as potentially significant unless mitigated. Staff stated that was correct. Commissioner Kirk stated he thought it was unusual to identify mitigation measures when we identify it as less than significant impact. When you look at this Mitigation Monitoring Plan, most of the mitigation measures are associated with actions we deemed as less than significant impact. One of them is a mitigation measure associated with something where we identify no impact. He does not like to see this document included with the report as it appears to be redundant, but if it is to be included it has to be consistent in some way. For example there is a mitigation measure for school impact fees where there is no impact. Most of the other measures are where the applicant is meeting the Code itself and not a special mitigation measure. In regard to parking he believes it is a good analysis as to why the parking should be reduced. What would happen if in five or ten years this owner sells to a tenant that would double the tables, there is nothing in the Specific Plan that would preclude this from happening. Staff stated that was correct. Commissioner Kirk stated that then the analysis would change and we should look at likely uses, but the use can change within the category and therefore the analysis becomes uncertain. Staff stated conditions could be added that would address more specifically what is approved. Commissioner Kirk asked if the project could be conditioned to the number of seats/tables 455 proposed by this applicant so that if a different user were to come in they would be subject to the same conditions. Staff stated this could be done under the conditional use permit process. (I 6 4 G:\WPD0CS\PC3-13-01.wpd 6 Planning Commission Minutes March 13, 2001 I Commissioner Butler asked if we are doing the monitoring programs for compliance with CEQA as an additional step. He agrees with Commissioner Kirk that this is just additional work for staff. Staff stated they are prepared, but not always included in the staff report. Assistant City Attorney John Ramirez stated mitigation measures are generally required when you identify potentially significant impacts unless mitigated, hence the mitigation measure. They will continue to work with staff to see that a futile paperwork drill does not take place. In regard to this Mitigation Monitoring Program, assuming their is an Environmental Assessment that does in fact identify potentially significant impacts unless mitigated certainly CEQA requires under Public Resources Code 21081.6 requires that the Council adopt a monitoring program at the time that they adopt a negative declaration. There is an advantage to having the Commission approve the same document prior to the City Council. He will prepare a memorandum on the monitoring program issue prior to the Commission's next meeting. Commissioner Butler stated that unless there is an issue, he does not see the need to have the mitigation monitoring in the staff report. 4. Commissioner Tyler stated he concurs with Commissioner Kirks's comments. In regard to the parking he agrees that the parking analysis is based on some interesting concepts, but they are not controllable. The parking analysis needs to consider future uses. 5. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Lew Bishop, architect for the project, gave a presentation on the project. In regard to any future use he believes it will have to be the same use. In regard to parking, they have analyzed it in regard to the use and hours of operation of all the uses. In reference to the lighting, the specific luminaires they have chosen for this project are specifically designed for low level lighting in parking lots. They have the ability to screen various directions so light is not directed off the site. 6. Commissioner Tyler stated he likes the lighting concept. He asked if the conditional use permit included the hours of operation for the restaurant and office uses and could it. Staff stated it was up to the Commission. Commissioner Tyler stated that since the only entrance was off Caleo Bay was there any advantage to a left turn 4 5 U lane off Washington Street. Mr. Bishop stated it would make it easy to enter the site and reduce the traffic on Caleo Bay. 065 G:\WPDOCS\PC3-13-01 .wpd 7 Planning Commission Minutes March 13, 2001 7. Commissioner Butler stated the building design is very dramatic and has a definite character, but there is nothing to match it in La Quinta. His only concern is that it is a single use building and what use could it have in the future if the restaurant was not there. Is the architectural design too much? Is this the place for it? It is a very dramatic change for Washington Street. Mr. Bishop stated the design architect and the owners have taken a great deal of time to design this unique building and there is a diversity in architecture in La Quinta in the way of quality of design. Discussion followed regarding the architectural design. 8. Commissioner Abels stated he concurs with Commissioner Butler. This is going to be a footprint for this area. 9. Commissioner Kirk asked what the large circular element that appears to look like a smoke stack was on the front elevation. Mr. Bishop stated all the kitchen equipment is hidden behind this screen wall. 10. Chairman Robbins asked if there was any other public comment. Mr. Larry Lichliter, KSL Development, stated he eats at this restaurant and it has excellent food. This will be an asset to the City and will make a statement that the City is progressive. 11. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 12. Commissioner Kirk stated he has a problem with the parking, however if approved the conditional use permit could be conditioned to address those concerns if there was a change in the use of the building. The design will add to the image corridor of Washington Street and he would like to see more innovative designs like this in the City. 13. Commissioner Abels stated he is in favor of the project. 14. Commissioner Butler stated the picture of the different elevations showing the building in such a way that it is a stark structure that a picture with the landscaping probably would have softened the building itself. Mr. Bishop showed colored renderings of the4 5 7 buildings with the landscaping. n6F G:\WPDOCS\PC3-13-01 .wpd 8 Planning Commission Minutes March 13, 2001 15. Commissioner Tyler stated that when he first saw the project he was indecisive, but he thinks it will probably grow on us and it will make a statement. He would like the conditional use permit to be conditioned to require the hours of operation. 16. Chairman Robbins stated he was very concerned, not that the architecture was bad, but that it does not fit within the character of La Quinta. He conducted a very unofficial poll and showed the elevations to numerous residents and all agreed that it did not fit within what they thought was the image of La Quinta. He does not believe this architectural style fits within the City of La Quinta; at least what his image is. In regard to the lighting concept, he completely agrees. 17. Commissioner Abels stated he had spoken with the architect for the La Quinta Inn and after listening to him he agrees it will be an asset to La Quinta as it will bring diversity. 18. Commissioner Tyler stated he strongly approves of the sign program. 19. Commissioner Kirk stated they may disagree as to the architecture, but there are so many components to this project that are positive like the lighting and signage, but it will add to the City. He is strongly in support. 20. There being no further discussion, it was moved and seconded by Commissioners Butler/Abets to adopt Planning Commission Resolution 2001-028, recommending Certification of an Addendum to a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-412, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 21. It was moved and seconded by Commissioners Butler/Abels to adopt Planning Commission Resolution 2001-029, recommending approval of Specific Plan 2001-052, as recommended. a. The location maps in the text shall be changed. 458 067 G:\WPD0CS\PC3-1 3-01 .wpd 9 Planning Commission Minutes March 13, 2001 Chairman Ro 0 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Tyler. NOES: Chairman Robbins. ABSENT: None. ABSTAIN: None. 22. It was moved and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2001-030, recommending approval of Conditional Use Permit 2001-056, as amended. 23. Commissioner Kirk asked if this was where the seating would be addressed and whether or not the applicant would have any problem with limiting hours of operation. 24. Mr. & Mrs. Siklai stated they have no objection. a. Condition #5: The restaurant shall not exceed 142 seats as specified in the Specific Plan. b. Condition #6: The restaurant hours of operation shall be as stated in the Specific Plan; weekdays 5:30 to 11 :00 p.m. and weekends with extended hours. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Tyler. NOES: Chairman Robbins. ABSENT: None. ABSTAIN: None. 25. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-031, recommending approval of Site Development Permit 2001-690, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Tyler. NOES: Chairman Robbins. ABSENT: None. ABSTAIN: None. bbi ecessed the meeting at 8:35 p.m. and reconvened at 8:41 p.m. Zonin Code Amen m 00-066; a request of the City for review of applicability and impact of the ater Efficient Ordinance on development proposals. 1. Chairman Robbins opened the public hearing and asked for th staff report. Senior Engineer Steve Speer pre the information contained in the staff report, a co which is on file in the Community Development De ent. 459 2. Chairman Robbins as if there were any questions of staff. Commissioner er asked if staff was talking about water features a particular piece of property, it doesn't take into co eration the depth of the water. The evaporation is from the (16 8 G:\WPDOCSQC3-13-01 .wpd 10 4- ATTACHMENT #5 h ST. FRANCIS �f ASSISI �\ TA CATHOLIC COMMUNITY March 1, 2001 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 Gentleman: This letter is in reference to Applications: Specific plan 2001-052, conditional use permit2001-056, site development permit 2001-690 — to allow development of a single building restaurant and office area by Omri Siklai ( Omri and Boni Restaurant) being heard before the Planning Commission on March 13, 2001. St. Francis of Assisi Catholic Church does not have any objections to a office building being built or a restaurant AS LONG AS THE RESTAURANT DOES NOT SERVE ANY LIQUOR. We do not feel that liquor should be served or available when the restaurant is directly across the street from the church and also we are considering building a school, to the south of the church, which would even be closer to the restaurant. Thank you for your time in considering our issue with the restaurant. If any further clarification in needed, I may be reached at the church at the phone number below and extension 215. Sincerely, z 4160 Larry Saindon Parish Administrator 069 47-225 WASHINGTON STREET • LA QUINTA. CALIFORNIA 92253 • (760) 564-1255 • FAX (760) 564-0763 T4t�t 4 44 Q" COUNCIL/RDA MEETING DATE: April 3, 2001 ITEM TITLE: Public Hearing to Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-408; Pre - Annexation General Plan Designation for General Plan Amendment 2001-074 to Golf Course and Low Density Residential (2-4 units per acre); Pre - Annexation Zoning for Zone Change 2001-098 to Golf Course and Low Density Residential for approximately 280 Acres Located at the Southwest Corner of Airport Boulevard and Monroe Street. Applicant: Village at the Palms RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-408, and adopt a Resolution of the City Council approving Pre -Annexation designation for General Plan Amendment 2001-074; and Move to take up Ordinance No. _ by title and number only and waive further reading, and move to introduce Ordinance No. _ on first reading approving Zone Change 2001-098. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The subject property is currently located outside the City limits, at the southwest corner of Airport Boulevard and Monroe Street. The applicant has requested annexation into the City of La Quinta. Prior to annexation, the City requires that the General Plan designation and Zoning be established to City standards. 461 G:\WPD0CS\ccjh.016.wpd Project Request: The General Plan and Zoning designations proposed by the applicant are for Golf Course which annexes the existing golf course and Low Density Residential for the existing tract lots and the two 40 acre vacant parcels. Riverside County approved Tract map 28983 which has been developed with The Palms Golf Course and residential lots, of which some have been developed with residential units. The Palms development covers approximately 200 acres of the 280 acres of the site. The remaining 80 acres has the development potential of up to 320 residential units. The requested land use and zoning designations are compatible with surrounding development in the area. Public Notice: These applications were advertised in the Desert Sun on March 5, 2001. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the Zoning Ordinance of the La Quinta Municipal Code. To date, no comments have been received. Public Agency Review: All written comments received are on file with the Community Development Department. Planning Commission Review The Planning Commission held a public hearing for this item on March 27, 2001, and unanimously recommended approval of all applications (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-408; and Adopt a Resolution of the City Council approving General Plan Amendment 2001-074; and Move to take up Ordinance No. by title and number only and waive further reading, and move to introduce Ordinance No. on first reading approving Zone Change 2001-098; or 0042. 46� G:=PDOCS\ccj h.016.wpd 2. Return the applications to the Planning Commission for further consideration; or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, der I Hermdri Coghmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: Planning Commission Minutes of March 27, 2001. 463 003 G: \W PDOCS\ccj h.016.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-408 PREPARED FOR GENERAL PLAN AMENDMENT 2001-074 AND ZONE CHANGE 2001-098 ESTABLISHING PRE -ANNEXATION DESIGNATIONS FOR 280 ACRES. CASE NO.: ENVIRONMENTAL ASSESSMENT 2001-408 APPLICANT: VILLAGE AT THE PALMS WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of April, 2001, hold a duly noticed Public Hearing for The Village at the Palms to review Environmental Assessment 2001-408 for General Plan Amendment 2001-074 and Zone Change 2001-098 acres located at the southwest corner of Airport Boulevard and Monroe Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of March, 2001 hold a duly noticed Public Hearing and unanimously approved Environmental Assessment 2001-408 for General Plan Amendment 2001-074 and Zone Change 2001-098, located at the southwest corner of Airport Boulevard and Monroe Street, more particularly described as follows: TRACT 28983, THE PALMS GOLF COURSE PARCELS AND APN 761-720-017, 018, 019, AND 020 WHEREAS, said Environmental Assessment 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 Initial Study (EA 2001-408) and has determined that although the proposed General Plan Amendment 2001-074 and Zone Change 2001-098 could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the conditions of approval and a Mitigated Negative Declaration of Environmental Impact should be filed; and, 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 certifying said Environmental Assessment: G: \W PDOCS\CCResoAn nexPa Ims.wpd 461 004 Resolution 2001-_ Environmental Assessment 2001-408 - Village at the Palms Adopted April 3, 2001 The proposed General Plan Amendment 2001-074 and Zone Change 2001-098 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2001-408. 2. The proposed General Plan Amendment 2001-074 and Zone Change 2001-098 will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed General Plan Amendment 2001-074 and Zone Change 2001-098 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed General Plan Amendment 2001-074 and Zone Change 2001-098 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed General Plan Amendment 2001-074 and Zone Change 2001-098 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered the Environmental Assessment 2001-408 and the Environmental Assessment reflects the independent judgement of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. 005 G\WPDOCS\CCResoAnnexPalms.wpd 465 Resolution 2001- Environmental Assessment 2001-408 - Village at the Palms Adopted April 3, 2001 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2001-408 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. 3. That Environmental Assessment 2001-408 reflects the independent judgement of the City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of April, 2001, by the following vote, to wit: 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 466 006 GAWPDOCS\CCResoAnnexPalms.wpd Environmental Checklist Form ENVIRONMENTAL ASSESSMENT 2001-408 1 . Project Title: General Plan Amendment 2001-074, Change of Zone 2001-098 and annexation of 280 acres to the City of La Quinta. 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Jerry Herman 760-777-7125 4. Project Location: South of Airport Boulevard, North of Avenue 58, West of Monroe, and East of the City limits 5. Project Sponsor's Name and Address: Village at the Palms 81-910 Arus Indio, CA 92201 6. General Plan Designation: County: Agriculture, 2-B (2-5 d.u./acre), LDR (0-4 d. u./acre) City Proposed: Golf Course, Low Density Residential 7. Zoning: County: A-1-20, R-1-9000 City Proposed: Golf Course, Low Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Pre -annexation General Plan Amendment and Change of Zone for 280 acres located immediately east of the existing City limits, and ultimate annexation of the area to the City. The property is developed as golf course, a residential subdivision, and lands in agriculture. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Golf Course, Low Density Residential and Agriculture South: Agriculture, scattered residential East: Agriculture, scattered residential West: Agriculture, golf course 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Local Agency Formation Commission "A G:\WPDOCS\EAAnnexCklst.WPD 1 n O 7 �• tJ Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics A-ariculture Resources Air Quality Biology*ical Resources Cultural Resources Geology and Soils Hazards & Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment. and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially El significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, Vrulted Name Date IN CITY OF LA OUINTA 463 Fnr 008 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance I, i G:\WPDOCS\EAAnnexCk1st.WPD 3 11' Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) ll. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X X X X X X 470 010 G:\WPD0CS\EAAnnexCk1st.WPD d) Expose sensitive receptors to substantial pollutant concentrations? (Application materials) e) Create objectionable odors affecting a substantial number of people? (Application materials) IV. BIOLOGICAL RESOURCES: Would the project: u a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 5-2 ff.) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 5-2 ff.) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Master Environmental Assessment, p. 5-2 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 5-2 ff.) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? ("Historical/ Archaeological Resources Survey Report," CRM Tech, 10/18/2000) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? ("Historical/ Archaeological Resources Survey Report," CRM Tech, 10/18/2000) X X X X X 0 X X X X G:\WPDOCS\EAAnnexCklst.WPD c) Disturb or destroy a unique paleontological resource or site? ("Paleontological Resources Assessment Report, CRM Tech, 10/ 19/2000) d) Disturb any human remains, including those interred outside of formal cemeteries? ("Historical/ Archaeological Resources Survey Report," CRM Tech, 10/18/2000) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan FIR, page 4-30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan EIR, page 4-30 ff.) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) 0 0 X X X X X X X X X X Pa G:\WPDOCS\EAAnnexCklst.WPD 472 Ol^ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-1 1) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (General Plan EIR, page 4-59 ff.) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR, page 4-59 ff.) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (General Plan EIR, page 4-59 ff.) t) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) 0 X X X X X X X X X X mmm® 473 013 G:\WPDOCS\EAAnnexCklst.WPD b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5- 5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR, p. 4-157 ff.) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?(General Plan EIR, p. 4-157 ff.) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. 4-157 ff.) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Application Materials) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) X 00 0 X X X X X 1.1 474 014 G:\WPDOCS\EAAnnexCklst.WPD XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ) Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan FIR, p. 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Application Materials) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan FIR, p. 4-126 ff.) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Application Materials) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: X X X X X F4 X X X X X X X X 4to G:\WPDOCS\EAAnnexCklst.WPD 015 9 a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4- 24) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4-20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII EARLIER ANALYSES. X X X X X X X X Gd 0 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section I5063(c)(3)(D). In this case a discussion should identify the following on attached sheets. 476 G:\WPDOCS\EAAnnexCklst.WPD 016 10 a) Earlier analyses used. Identify earlier analyses and state where they are available for review Environmental Assessments prepared for the County of Riverside were used in reviewing the potential impacts of the proposed project. These include: PP 15672, Fast Track 498-39; TTM 293 16 & 29317; Environmental Assessment No. 37276, Amd. No 1. These analyses cover 200 of the 280 acres proposed for this project. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. Paleontological Lakebed Delineation Map, City of La Quinta. City of La Quinta Municipal Code "Historical/Archaeological Resources Survey Report," prepared by CRM Tech, October 18, 2000. "Paleontological Resources Assessment Report," prepared by CRM Tech, October 19, 2000. 477 017 G:\WPDOCS\EAAnnexCklst.WPD 11 Addendum for Environmental Assessment 2001-408 Introduction This Environmental Assessment has been prepared for a General Plan Amendment and Zone Change for a proposed annexation of 280 acres into the City of La Ouinta. Approximately 200 of the 280 acres proposed for annexation are under development (low density residential) or fully developed (golf course). The balance, approximately 80 acres, has been in agriculture, and does not have imminent development proposed. The annexation action, in and of itself, will not have an impact on the environment. However, the continued development of the area, particularly the 80 acres which have yet to develop, will have an impact on the environment. These impacts, however, can be reduced to a level of insignificance through the imposition of mitigation measures. The purpose of this environmental assessment, therefore, is to review and quantified all known potential impacts to the environment. Where appropriate, mitigation measures associated with the physical development of the undeveloped property have been proposed. IL c) The proposed annexation area is not listed as significant farmland, nor is it currently subject to Williamson Act contracts. The land has a County General Plan designation of Low Density Residential, and is zoned Agriculture, 1-20 acres under the County Zoning Ordinance. The annexation action will not change the current use of the land for agriculture. Its ultimate development in low density residential, however, will result in the loss of 80 acres of agricultural land. The currently undeveloped 80 acres is bordered on two sides by roadways, and adjacent to existing golf course and residential development on the other two sides. It does not represent agricultural land of high value, and its ultimate loss is not expected to be significant. III. a), c) & d) Annexation of the proposed lands will not, in and of itself, have an impact on the air quality of the area. The air quality impacts for development of the 200 acres already developed have been previously assessed, and found to be less than significant'. The 80 acres in the southeasterly quarter of the annexation area have the potential to generate up to 320 single family residential units. These units could generate up to 3,062 average daily tripS2. These trips could Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track #98- 39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No I. These analyses cover 200 of the 280 acres proposed for this project. 478 ' "Trip Generation, 6th Edition, Volume I" prepared by the Institute of Transportation Engineers. Single Family detached housing (210) used. 018 G:\WPDOCS\EAAddAnnex.WPD generate the following emissions. The Table below also includes the SCAQMD thresholds of significance for each potential pollutant. Based on these calculations, the Table clearly demonstrates that development of the proposed 80 acres will not have a significant impact on air quality. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 158.17 6.08 32.45 - 0.68 0.68 Daily Threshold* 550 75 100 150 Based on 3,062 trips/day and average trip length of 10.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75'F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. The Coachella Valley has in the past been a non -attainment area for PM10 (particulate matter of 10 microns or smaller). In order to control PM 10, the City has imposed standards and requirements on development to control dust. SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures for future development: 1. No earth moving activity shall be undertaken without the review and approval of a PM10 Management Plan. At the time of development of any portion of the annexation area, the project proponent(s) shall submit same to the City Engineer for review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any piece of land to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 47 019 G:\WPDOCS\EAAddAnnex.WPD 7. Watering of any portion of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of any portion of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 1 1 . All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings shall conform to energy use guidelines in Title 24 of the California Administrative Code. 13. Any project on the annexation area lands shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. 14. Any project proposed on the annexation lands which generates more than 3,062 trips per day shall be required to prepared revised air quality calculations which provide an accurate analysis of the potential impacts caused by the project. With the implementation of these mitigation measures, the impacts to air quality from the proposed annexation will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or the transit route improvements in the future which may occur at the project site are not included in the analysis. IV. a) The potential impacts to biological resources have been previously analysed for 200 of the 280 acres proposed for annexation3. Impacts on this acreage were found to be less than significant. Biological resource analysis has not been Environmental Assessments prepared for the County of Riverside. These include: PP 15672, Fast Track 480 #98-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. These analyses cover 200 of the 280 acres proposed for this project. 020 G:\WPDOCS\EAAddAnnex.WPD performed for the 80 acres at the southeasterly portion of the annexation area. However, the land has been in agriculture, and as such does not represent a likely area of valuable habitat for native species. The land is not in an area of concern for known sensitive species. The land is outside the boundary of the Coachella Valley Fringed -toed Lizard Habitat Conservation Plan. Impacts from either annexation or development of the 80 acres are not expected to be significant. V. a) & b) Cultural resource surveys were conducted for the subject property'. The survey found that no resources occur on the site. The report further finds that it is possible that buried artifacts could be encountered during the construction process on any portion of the area. In order to mitigate this potential impact, the following mitigation measure shall be implemented: Should any earth moving activity uncover a potential archaeological resource, all activity shall stop until such time as a qualified archaeologist has evaluated the resource, and recommended mitigation measures. The archaeologist shall also be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site. V. c) A paleontological resource study was performed for the 80 acres at the southeasterly portion of the annexation area, and the balance of the site has been previously assessed for paleontologic resources5. The annexation area has exhibited signs of mollusks, being within the historic lakebed of ancient Lake Cahuilla, but no vertebrate remains have been located. The mollusks found are abundant in this area, and do not represent a significant resource. As such, the on -site investigation and report found that the impacts on paleontologic resources are less than significant, and that no further analysis of the site is necessary. VI. a) i) & ii) The proposed annexation area lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures already constructed 4 Historical/Archaeological Resources Survey, prepared by CRM Tech, October, 2000 for the 80 acres at the southeasterly portion of the annexation area. Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track 498-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. These analyses cover 200 of the 280 acres proposed for this project. in Paleontological Resources Assessment Report, prepared by CRM Tech, October 2000. Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track 498-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No I. These analyses cover 200 of the 280 acres proposed for this project. 021, G:\WPDOCS\EAAddAnnex.WPD within the annexation area have been required to conform to Uniform Building Code standards for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans for any development proposed in the future on the site. This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. a) iii) The annexation area is located in an area with the potential for liquefaction. The development of the residential and golf course portion of the annexation area was analysed and mitigation measures proposed at the time of development of those sites'. Site specific geotechnical analysis of these lands determined that the liquefaction hazard potential was not significant, due to the highly consolidated nature of soils on these sites. It is therefore likely that the 80 acres in the southeasterly portion of the annexation area has similar soil condition. The General Plan Amendment, Change of Zone and Annexation effort will not, in and of themselves, have any impact on the liquefaction hazard within the annexation area. However, in order to ensure that proper mitigation measures are implemented at the time of project development, the following mitigation measure shall be implemented: Any new construction proposed within the annexation area shall be required to submit a site- and use -specific geotechnical analysis prior to the issuance of grading permits. Such analysis shall include recommendations for over -excavation, and other methods known to reduce the potential for liquefaction impacts on a structure. VIII. b) The annexation will not, in and of itself, have an impact on groundwater supplies. All development within the annexation area will, however, have an impact on the demand for groundwater. Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The annexation area is also served by Canal water for agricultural irrigation. The overall water usage rate on the site, once developed for residential development, may represent a positive impact, insofar as water usage may be reduced when agricultural irrigation no longer occurs on the site. Future projects will be required to retain storm flows on -site, which will encourage percolation of storm water into the ground. Future development will be required to implement the City's standards for water conserving plumbing fixtures, and to meet the requirements of the City's water -conserving Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track #98-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. 0 2 f9 G:\WPDOCS\EAAddAnnex.WPD landscaping ordinance, which requires that projects demonstrate that landscaping plans are water -efficient. These mitigation measures will reduce potential impacts to a less than significant level. VIII. c1-e) The annexation will not, in and of itself, have an impact on drainage patterns in the area. Development in the future, through the construction of buildings and parking lots, will create impermeable surfaces, which will change drainage patterns in a rain event. The project site is located in a C Flood Zone. The project will, be required to meet the City's standards for retention of the 100 year storm on -site. This will control the amount of runoff which exits the future project during a storm. The drainage plan will be reviewed and approved by the City Engineer at the time development is proposed, prior to the issuance of grading permits. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. XI. a) The annexation area does not occur in an area currently impacted by noise. The development of the area will result in increased noise levels, but these are not expected to be significant, given that the ambient noise level is, and will continue to be low. Development on any portion of the site will include landscaping, berms and walls which will further attenuate sound in the area. The impacts from noise are therefore not expected to be significant. XIII. a) The proposed annexation will have a direct impact on the provision of services. The project area is currently served by County Sheriff and Fire Department. The City contracts with the County for these services. The project area will generate, at buildout a population of approximately 1,053 persons. This will generate a need for one additional police officer, based on the national standard of 1 officer per thousand. This cost will be added to the City's contract for such services. A similar national standard for fire personnel can also be expected, with a corresponding additional cost to the City's contract. The project area will generate property tax from construction which currently exists, and from the buildout of the project area. These revenues will be used by the City to offset the costs of police and fire services. The project area will continue to pay the mandated school fees as development occurs. These fees mitigate the students generated, and offset the impacts to schools. The project area includes a golf course, which provides residents with recreational amenities. The residents will also have access to existing and future City parks and other municipal facilities. The collection of property tax, and the generation of sales tax from these residents' disposable income, will generate 483 revenues to the City to offset the added costs associated with the provision of 023 G:\WPDOCS\EAAddAnnex.WPD XV. a) municipal services. Builders within the project area will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. Annexation is not expected to have a significant impact on municipal services or facilities. 200 of the proposed 280 acres proposed for annexation have been previously reviewed for traffic impacts, which were sound to be less than significant'. The proposed land use designations are consistent with those currently in place under the County's jurisdiction, and would therefore have been analysed as part of the County General Plan EIR. Since development in the future may vary from the anticipated 320 residential units discussed, above, the following mitigation measures shall be implemented should new development be proposed on any portion of the annexation area. New development projects on any portion of the annexation area which propose a more intense land use than the Low Density Residential designation currently proposed shall be required to submit a site -specific traffic analysis, which includes mitigation measures to maintain levels of service at standards in place at the time of development. 2. The annexation area will be added to the City's Impact Fee program. The implementation of these mitigation measures will reduce the potential impacts to the circulation system to a less than significant level. XVI. a)-f) Annexation of the project area will not have a direct impact on utilities and public services. The eventual buildout of the site, however, will require service from the utility providers. The overall impacts on these services is not expected to be significant, insofar as these suppliers will charge the residents or businesses for their services, and provide improvements to these services as needed. In addition, connection fees will be required at construction of any project. These fees and charges will mitigate the potential impacts to a less than significant level. 7 Environmental Assessments prepared for the County of Riverside. These include: PP15672, Fast Track 998-39; TTM 29316 & 29317; Environmental Assessment No. 37276, Amd. No 1. 484 024 G:\WPDOCS\EAAddAnnex.WPD P. N C3 O d z dal A U W d W F Q A V a�1 zA d W ax aU O x U U U Y H / / cz -0 N u C to S U cz FVl b U ca °Cy o aj E bD bD bA O O co 0 to z�";7� a3 .. co cu U V U Y CL P. p-. 0. P, O. P. bD Y Y G � un IGb0 0. ° b-0 b4 bD 'O CG W O ca W W ro " N O U L1 U O U wt, U t-- U CO O N U O o c V` Y rz 4)biD ^ i I O Y ca s, "O cz ti Y, cd W a ca °cl, o a .- a` u 025 W E� A U m zA �w U aW. � W ox U U H cz cz U ct o Oi c y U O U cd i bn z o RS N bD H a ca `� N zz QQ a O � U a. c 0 z o H � w o N � U � H F� A A U � U � �W �W U o`4, U U U U � � �F• c�� O O. cU) al U cca UU c 0� Y °CY o i^r bD � cc 0 c .:. ca 0 to O cC � cG U ran' aj F" 0. U ct Y � O bD .sJ Y O .� ) O tb O O N L. o� C� oa SE c a o z 00 �,. � oo � Q w _ z U �Ee a wE w b cl T 0. T _ 0. U Lz U U Q t. b4 0 Ecz a cd C7 bD x iFy I� A 00 d 0 3 0 °48 a �W 3 0 o o Wig _T u a ? 3 o O U a -- d c aaj n v INS 4�54 zA ¢w ax 0. U �w ox U U Q 94 w F cC c U � 4 Y C7 O F N O L C p L a o� � w ax Y �F zz 00 ro 0 z �6 m o � H � � o Y a w F Q G 4 U � Z ¢w ax 0. U � w ox UU U W Q � .. w cc a .2 u L o cz .6 Y I o y� Y z o F cz V .4 4 ro .i 3 Y+ Y oz o mo cl) Q) oz Q w x U E E t E 4 UQ ct ..t� W z O I••i U y U Q W o� Cl, 487 027 RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO ASSIGN GOLF COURSE AND LOW DENSITY RESIDENTIAL DESIGNATION TO APPROXIMATELY 280 ACRES LOCATED AT THE SOUTHWEST CORNER OF AIRPORT BOULEVARD AND MONROE STREET. CASE NO.: GENERAL PLAN AMENDMENT 2001-074 APPLICANT: VILLAGE AT THE PALMS WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of April, 2001 hold a duly noticed Public Hearing for Village at the Palms to review a General Plan Amendment to assign pre -annexation land use designation of Golf Course and Low Density Residential to approximately 280 acres, pending annexation to the City, at the southwest corner of Airport Boulevard and Monroe Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271h day of March, 2001 hold a duly noticed Public Hearing for Village at the Palms to and unanimously approved a General Plan Amendment to assign pre -annexation land use designation of Golf Course and Low Density Residential to approximately 280 acres, pending annexation to the City, at the southwest corner of Airport Boulevard and Monroe Street, more particularly described as: TRACT 28983, THE PALMS GOLF COURSE PARCELS AND APN 761-720-017, 018, 019, AND 020 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 approving said General Plan Amendment: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The General Plan Amendment will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 488 3. The General Plan Amendment is compatible with the City's Zoning Ordinance in that it supports the development of a range of housing in an integrated community. 028 G:\WPDOCS\CCResoGPAAnnexPalms.wpd Resolution 2001-_ General Plan Amendment 2001-074- The Village at the Palms Adopted April 3, 2001 4. The General Plan Amendment, to be effective upon annexation of the property, supports the orderly development of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that Environmental Assessment 2001- 408 assessed the environmental concerns of the General Plan Amendment; and, 3. That it does approve General Plan Amendment 2001-098 as contained in Exhibit "A" attached hereto and made part of, for the reasons set forth in this Resolution effective upon annexation. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of April, 2001, by the following vote, to wit: 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 480, 029 G:\WPDOCS\CCResoGPAAnnexPalms.wpd CHANGE OF GENERAL PLAN 'H= 'Y'E 714, THE NW 714 OF THESE 714 AND THEE 712 OF THESE 7/4 OF SEC. 22, T. 6 S., R. 7 E., S.B.M. CITY OF LA QUINTA AVENUE 56 AVENUE 58 LEGEND ' DR LOV+ DENSITY RESIDENTIAL, 44 UNITS PER ACRE GC GO-_P COURSE G, P 2- 490 41 SCALE: 1 "=500' 030 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE, ASSIGNING GOLF COURSE AND LOW DENSITY RESIDENTIAL DESIGNATION TO APPROXIMATELY 280 ACRES LOCATED AT THE SOUTHWEST CORNER OF AIRPORT BOULEVARD AND MONROE STREET. CASE NO.: ZONE CHANGE 2001-098 APPLICANT: VILLAGE AT THE PALMS WHEREAS, the City Council of the City of La Quinta, California, did on the 3rd day of April, 2001 hold a duly noticed Public Hearing for Village at the Palms to review a Pre -Annexation Zone Change to allow the pre -zoning of approximately 280 acres, pending annexation to the City, at the southwest corner of Airport Boulevard and Monroe Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 27`h day of March, 2001 hold a duly noticed Public Hearing for Village at the Palms to review a Pre -Annexation Zone Change to allow the pre -zoning of approximately 280 acres, pending annexation to the City, at the southwest corner of Airport Boulevard and Monroe Street, more particularly described as: TRACT 28983, THE PALMS GOLF COURSE PARCELS AND APN 761-720-017, 018, 019, AND 020 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 approving said Zone Change: The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of a range of housing in an integrated community. 49i 4. The Zone Change, to be effective upon annexation of the property, supports the orderly development of the City. 031. G:\WPDOCS\CCOrdZCAn nexPa Ims.wpd Ordinance No. _ Zone Change 2001-098 - The Village at the Palms Adopted April 3, 2001 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that Environmental Assessment 2001- 408 assessed the environmental concerns of the Zone Change; and, 3. That it does approve Zone Change 2001-098 as contained in Exhibit "A" attached hereto and made part of, for the reasons set forth in this Resolution effective upon annexation. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of April, 2001, by the following vote, to wit: 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 492 032 G:\WPD0CS\CC0rdZCAnnexPa1ms.wpd C—X� I (�)% t ''/� 11 CHANGE OF ZONING PLAN THE NE 714. THE NW 714 OF THESE 714 AND THEE 712 OF THESE 714 OF SEC. 22, T. 6 S., R. 7 E., S.B.M. CITY OF LA QUINTA AVENUE 56 © I Ci N W w Q Jill ® I f 1 RL I� AVENUE 58 LEGEND © RESIDENTIAL LOW DENSITY cc GOLF COURSE SCALE: 1 "=500' 2C D,001 - 09 � 493 ATTACHMENT #1 Planning Commission Minutes March 27, 2001 E. Environmental Assessment 2001-408, General Plan Amendment 2001- 074 and Zone Change 2001-098; a request of Village at the Palms for Certification of a Mitigated Negative Declaration of Environmental Impact, approval of a pre -annexation General Plan designation from County designation 2B and Low Density Residential to Golf Course and Low Density Residential, and approval of a Zone Change from County designation A-1-20 and R-1-9000 to Golf Course and Low Density Residential located at the Southwest corner of Airport Boulevard and Monroe Street. 1 . Chairman Robbins opened the public hearing and asked, for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Butler asked if the remaining 80'acres was owned by The Palms. Staff stated no, but the property owners concur with the annexation. 3. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, stated he was available to answer any questions. 4. There being no further public comment, Chairman Robbins closed the public participation portion of the hearing and asked if there was any Commission discussion. 5. There -being no discussion, it was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-043 recommending Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-408, as recommended. ROLL CALL: AYES: Commissioners Chairman Robbins. ABSTAIN: None. Abels, Butler, Kirk, Tyler, and NOES: None. ABSENT: None. 6. It was moved and seconded by Commissioners Kirk/Abets to adopt Planning Commission Resolution 2001-044 recommending approval of General Plan Amendment 2001-074, as recommended. 494 A:\PC3-27-01 wpd.wpd is 035 Planning Commission Minutes March 27, 2001 ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 7. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2001-045 recommending approval of Zone Change 2001-098, as recommended. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. °NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Site Development Permit 2001-699; a request of Patty Bonafede for Compatibility review of a single family dwelling for the property located at 43-875 Galaxy Drive within the Starlight Dunes development. 1 . Principal Planner Stan Sawa presented the information contained in the staff report, a copy of'which 'is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk suggested this type of issue be addressed by staff or the Architecture and Landscaping Review Committee (ALRC). 3. Commissioner Butler asked why the fan window treatment staff was asking to be removed was not compatible with the surrounding residential units. Planning Manager Christine di lorio explained the element was not on the surrounding residential homes. 4. 5. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Keith Miller, 42-503 Rancho Mirage Lane, explained the project. Commissioner Butler asked if this had been reviewed by the ALRC. Staff stated no. 6. There being no further discussion, it was moved and seconded by 4 J Commissioner Abels/Kirk to adopt Minute Motion 2001-006 approving Site Development Permit 2001-699, as submitted by the applicant. Unanimously approved. fl 3 6 A:\PC3-27-01 wpd.wpd 16