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2001 10 02 CCCity 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, October 2, 2001 - 2:00 P.M. Beginning Res. No. 2001-1 16 Ord. No. 362 I. CALL TO ORDER ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena II. 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. III. CLOSED SESSION - None 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 do not attend the closed session. IV. PLEDGE OF ALLEGIANCE City Council Agenda RECONVENE AT 3:00 P.M. Page 1 October 2, 2001 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 1. UPDATE BY IMPERIAL IRRIGATION DISTRICT. 2. PROCLAMATION FOR NATIONAL ARTS AND HUMANITIES MONTH OCTOBER 2001. 3. GANG TASK FORCE PRESENTATION BY CHIEF GEORGE RAWSON OF THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT. Vill. WRITTEN CORRESPONDENCE IX. APPROVAL OF MINUTES - 1. MINUTES OF THE MEETING OF SEPTEMBER 18, 2001 2. MINUTES OF THE MEETING OF SEPTEMBER 19, 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. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 2, 2001. 2. APPROVAL OF FISCAL YEAR 2000/01 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 3. APPROVAL OF FISCAL YEAR 2000/01 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 4. APPROVAL OF THE CLOSURE OF THE LA QUINTA AUTO MALL CHECKING AND SWEEP ACCOUNT. 5. ADOPTION OF A RESOLUTION APPROVING A CABLE TRANSFER AGREEMENT. City Council Agenda Page 2 October 2, 2001 OW- :. 6. APPROVAL OF AN AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES, ADDING A COMMUNITY SERVICES OFFICER AND A TARGET TEAM MEMBER TO EXISTING SERVICE LEVELS. 7. APPROVAL OF RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 8. APPROVAL OF AN AMENDMENT TO RESOLUTION 2001-93 TO CLARIFY A CREDIT FOR THOSE PROPERTY OWNERS ON THE RESIDENTIAL WASTE TAX ROLL BILLING FOR FISCAL YEAR 2000-2001 TO BE CREDITED FOR THE RESIDENTIAL WASTE TAX BILLING FOR FISCAL YEAR 2001-2002. XI BUSINESS SESSION 1. CONSIDERATION OF VILLAGE FAIRE LOGO AND BANNER SELECTION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF DONATION TO THE WORLD TRADE CENTER RELIEF EFFORT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.85 (LOITERING) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. A. READ ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ON FIRST READING. 4. CONSIDERATION OF THE TURNING MOVEMENT ALLOWANCES AT THE INTERSECTION OF JEFFERSON STREET/CORSICA GATE. A. MINUTE ORDER ACTION 5. CONSIDERATION OF A "RESOLUTION OF INDUCEMENT" TO FACILITATE THE APPLICATION BY DC & TC LLC FOR 4% LOW AND MODERATE INCOME HOUSING TAX CREDITS TO DEVELOP AN AFFORDABLE SENIOR CITIZEN RENTAL APARTMENT PROJECT AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48, AND PERTAINING TO THE AGENCY'S PROVISION OF ADDITIONAL FINANCIAL ASSISTANCE TO THE PROJECT. A. RESOLUTION ACTION XII. STUDY SESSION - NONE City Council Agenda Page 3 October 2, 2001 003 XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PENA) 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 (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION AND 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) 16. COMMUNITY SERVICES COMMISSION MEETING MINUTES OF JULY 9, 2001. 17. CULTURAL ARTS COMMISSION MEETING MINUTES OF JULY 26, 2001. XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER 9. POLICE CHIEF 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING COUNCIL DECORUM - REQUESTED BY COUNCIL MEMBER PERKINS 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 - NONE City Council Agenda Page 4 October 2, 2001 004 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. 1. CONTINUED PUBLIC HEARING TO AMEND THE SPECIFIC PLAN TO ALLOW PARKING LOT LIGHTING FIXTURES INSTEAD OF BOLLARD LIGHTING SO AS TO MEET THE CITY'S ZONING CODE PARKING LOT LIGHTING STANDARDS. APPLICANT: LA QUINTA ARTS FOUNDATION. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CERTIFY AN ADDENDUM TO RIVERSIDE COUNTY ENVIRONMENTAL ASSESSMENT NO. 232; CERTIFY A MITIGATED NEGATIVE DECLARATION FOR 40 ACRES LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND AVENUE 60 LOCATED OUTSIDE RIVERSIDE COUNTY SPECIFIC PLAN NO. 219; CHANGE THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL AND GOLF COURSE TO LOW DENSITY RESIDENTIAL AND FROM PLANNED RESIDENTIAL RESERVE TO LOW DENSITY RESIDENTIAL; CHANGE THE ZONING TO LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED GENERALLY SOUTH OF AVENUE 58, NORTH OF AVENUE 60, WEST OF MADISON STREET. APPLICANT: CORAL MOUNTAIN, LLC A. RESOLUTION ACTION(S) B. READ ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING XIX. ADJOURNMENT - Adjourn to the regularly scheduled City Council Meeting to be held at 2:00 P.M. October 16, 2001, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda Page 5 October 2, 2001 005 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of October 2, 2001, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, September 28, 2001. DATED: September 28, 2001 JUNE EEK, C M C City Clerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. City Council Agenda Page 6 October 2, 2001 0 0 6 T 0 0 4t!t 4 4 a" COUNCIL/RDA MEETING DATE: OCTOBER 2, 2001 ITEM TITLE: Demand Register Dated October 2, 2001 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated October 2, 2001 BACKGROUND: Prepaid Warrants: 46707 - 467151 525182.82 46716 - 467281 335410.67 Wire Transfers} 714,944.46 P/R 7525 - 75931 99,952.22 P/R Tax Transfers} 305028.53 CITY DEMANDS $15266,307.40 Payable Warrants: 46729 - 468391 5765565.70 RDA DEMANDS 2401,777.00 $155075084.40 $155075084.40 FISCAL IMPLICATIONS: Demand of Cash -City $1,266,307.40 Falconer,`Finahce Director 007 CITY OF LA QUINTA BANK TRANSACTIONS 9/13/01 - 9/26/01 9/14/01 WIRE TRANSFER - DEFERRED COMP 9/14/01 WIRE TRANSFER - PERS 9/14/01 WIRE TRANSFER - CREDIT UNION 9/19/01 WIRE TRANSFER - DEBT SVC PAYMENT - CITY HALL 9/20/01 WIRE TRANSFER - RDA ESCROW 9/20/01 WIRE TRANSFER - RDA ESCROW 9/24/01 WIRE TRANSFER - RDA ESCROW 9/26/01 WIRE TRANSFER - RDA ESCROW TOTAL WIRE TRANSFERS OUT $5,555.87 $9,459.09 $5,247.00 $481,682.50 $25,000.00 $58,000.00 $65,000.00 $65,000.00 $714,944.46 008 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 12:01PM 09/26/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 46729 09/26/01 &01435 M R SOMERS CONSTRUCTION 25.00 46730 09/26/01 &01539 MARILYN AGUIRRE 3.00 46731 09/26/01 &01540 DEBORAH ARONDS 55.00 46732 09/26/01 &01541 MARIANNE DORSEY 15.00 46733 09/26/01 &01542 PAT IMIOLA 34.00 46734 09/26/01 &01543 E M KAY 34.00 46735 09/26/01 &01544 ODETTE OEN 15.00 46736 09/26/01 &01545 ROXIE YESSAYIAN 25.00 46737 09/26/01 &01546 SWH HERMITAGE 3.50 46738 09/26/01 &01547 ANN MARIE MEREDITH 34.00 46739 09/26/01 AAA100 AAA SEASONS 150.00 46740 09/26/01 AME200 AMERIPRIDE UNIFORM SVCS 58.27 46741 09/26/01 AND050 ANDY'S AUTO REPAIR 26.53 46742 09/26/01 ASCO01 A & S COFFEE SERVICE 83.00 46743 09/26/01 ATC010 ATCO INTERNATIONAL 1133.20 46744 09/26/01 AUT030 AUTOMATED TELECOM 182.48 46745 09/26/01 BES100 BEST BUY CO INC 69.86 46746 09/26/01 BLU011 BLUEPRINTER 79.50 46747 09/26/01 BRI100 BRINKS INC 306.00 46748 09/26/01 BUR200 BURTRONICS BUSINESS SYS 497.68 46749 09/26/01 CAD010 CADET UNIFORM SUPPLY 385.08 46750 09/26/01 CAL157 ST OF CAL OES 40.00 46751 09/26/01 CAR300 CARQUEST 53.98 46752 09/26/01 CDW050 CDW GOVERNMENT INC 75.49 46753 09/26/01 CEN010 CENTURY FORMS INC 144.61 46754 09/26/01 CLA035 CLARITAS 376.25 46755 09/26/01 COA062 COACHELLA VALLEY MESSENGR 15.00 46756 09/26/01 COA071 COACHELLA VALLEY PRINTING 8005.98 46757 09/26/01 COA073 COACHELLA VLLY RECREATION 55.86 46758 09/26/01 COR150 CORPORATE EXPRESS 721.29 46759 09/26/01 COS050 COSTCO BUSINESS DELIVERY 848.75 46760 09/26/01 DAN200 DANONE WATERS OF NORTH 418.00 46761 09/26/01 DCT100 DC & TC LLC 400.00 46762 09/26/01 DES010 DESERT BUSINESS MACHINES 126.88 46763 09/26/01 DES018 DESERT ELECTRIC SUPPLY 1089.25 46764 09/26/01 DESO40 DESERT JANITOR SERVICE 4833.50 46765 09/26/01 DES060 DESERT SUN PUBLISHING CO 3301.70 46766 09/26/01 DES065 DESERT TEMPS INC 2476.62 46767 09/26/01 DIE050 DIETERICH POST 206.71 46768 09/26/01 DOU010 DOUBLE PRINTS 1 HR PHOTO 32.26 46769 09/26/01 DOU200 LES DOUGLAS 38.50 46770 09/26/01 DRU100 DRUMMOND AMERICAN CORP 3587.57 46771 09/26/01 ELM100 ELMS EQUIPMENT RENTAL INC 9905.00 46772 09/26/01 END051 ENDICOTT ENTERPRISES 117.15 46773 09/26/01 EXP200 EXPRESS DETAIL 850.00 46774 09/26/01 FER200 FERRIS, JOHNSON & ASSOC 6340.61 46775 09/26/01 GAS010 GASCARD INC 67.96 I1' G ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 12:01PM 09/26/01 PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 46776 09/26/01 GCS010 GCS WESTERN POWER & EQUIP 107.44 46777 0.9/26/01 GE0010 GEORGE'S GOODYEAR 66.00 46778 09/26/01 GRA010 GRANITE CONSTRUCTION CO 419091.55 46779 09/26/01 GUM050 BRAD GUMMER 77.00 46780 09/26/01 HAR100 JOHN HARDCASTLE 73.44 46781 09/26/01 HEG050 JIM HEGGE 50.00 46782 09/26/01 HIG010 HIGH TECH IRRIGATION INC 386.62 46783 09/26/01 HIL150 HILTON FARNKOPF & 10506.55 46784 09/26/01 HOA010 HUGH HOARD INC 475.34 46785 09/26/01 IND030 INDIO SHOE STORE INC 164.48 46786 09/26/01 INL200 INLAND POWER EQUIPMENT CO 47.06 46787 09/26/01 JIF100 JIFFY LUBE/AFMS 246.47 46788 09/26/01 JPRO10 JP REPROGRAPHICS 262.80 46789 09/26/01 JUD010 JUDICIAL DATA SYSTEMS COR 121.08 46790 09/26/01 KE1010 KEITH COMPANIES 2074.65 46791 09/26/01 KIN100 KINER/GOODSELL ADVERTISNG 3000.00 46792 09/26/01 KOA100 KOALA -TEE PRINTING 387.68 46793 09/26/01 KRI100 BRUCE KRIBBS CONSTRUCTION 3804.00 46794 09/26/01 L00010 LOCK SHOP INC 34.40 46795 09/26/01 LOW100 LOWE'S COMPANIES INC 100.53 46796 09/26/01 LUN050 LUNDEEN PACIFIC CORP 2400.00 46797 09/26/01 MEY100 MEYERS 7423.00 46798 09/26/01 NAW010 RON NAWROCKI 3400.00 46799 09/26/01 NIC101' NICKERSON & ASSOC INC 10723.00 46800 09/26/01 OFF005 OFFICE DEPOT INC 667.09 46801 09/26/01 OUT100 OUTDOOR SERVICES INC 100.00 46802 09/26/01 PAC045 PACIFIC ENGINEERING SUPLY 164.50 46803 09/26/01 PAR125 RACHEL PARRISH 24.50 46804 09/26/01 PER010 RONALD A PERKINS 26.78 46805 09/26/01 PET100 PET PICKUPS 527.89 46806 09/26/01 PIN050 PINK INC 50.00 46807 09/26/01 PRI020 THE PRINTING PLACE 856.78 46808 09/26/01 PRI070 PRINTING SOLUTIONS 1043.08 46809 09/26/01 RAL050 RALPHS GROCERY CO 13.82 46810 09/26/01 RAN040 RANDAL'S PLUMBING 130.76 46811 09/26/01 RAS020 RASA - ERIC NELSON 2445.00 46812 09/26/01 RES005 RESERVE ACCOUNT 4000.00 46813 09/26/01 RIV080 RIVERSIDE COUNTY HEALTH 2245.00 46814 09/26/01 RJM100 RJM DESIGN GROUP INC 6753.73 46815 09/26/01 SAX100 SAXON ENGINEERING SERVICE 6160.00 46816 09/26/01 SKY200 SKYTEL 16.23 46817 09/26/01 SMA010 SMART & FINAL 95.09 46818 09/26/01 SOCO10 THE SOCO GROUP INC 93.92 46819 09/26/01 SOU007 SOUTHWEST NETWORKS, INC 22101.10 46820 09/26/01 SOU100 SOUTHLAND GEOTECHNICL INC 1410.00 46821 09/26/01 SPRO10 SPRINT 808.01 46822 09/26/01 STA045 STAN'S AUTO TECH 712.78 46823 09/26/01 STA050 STAPLES 162.05 46824 09/26/01 STA150 STATER BROS 11.98 010 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 12:01PM 09/26/01 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 46825 09/26/01 SUN075 SUNLINE TRANSIT AGENCY 1365.00 46826 09/26/01 SUN080 SUNLINE SERVICES GROUP 504.50 46827 09/26/01 TOP010 TOPS'N BARRICADES INC 2038.49 46828 09/26/01 UCB000 UC BERKELEY EXT 170.00 46829 09/26/01 UNI100 UNITED PARCEL SERVICE 8.00 46830 09/26/01 USH100 USHERWOOD & ASSOC OF CAL 180.74 46831 09/26/01 VAN075 VANDORPE CHOU ASSOC INC 1537.50 46832 09/26/01 VID050 VIDEO DEPOT 18.75 46833 09/26/01 VIP100 V I PEOPLE INC 359.38 46834 09/26/01 VOG050 CHRIS A VOGT 775.48 46835 09/26/01 VON010 VON'S C/O SAFEWAY INC 17.97 46836 09/26/01 WIN010 WINSTON TIRES 1119.71 46837 09/26/01 WOR100 WORLDCOM 914.00 46838 09/26/01 XER010 XEROX CORPORATION 228.98 46839 09/26/01 YOU100 YOUNG ENGINEERING SERVICE 4340.00 CHECK TOTAL 576,565.70 Oil z a H O z r r-+ cN M c N r a0 00 00 rn 0 N � 0) O � W U aQ x H W N 01 H N m HE-4 N m N 01 H N m H N 0) H N m HP V N m N m H Ln N m HP c N m H N m LO M •• H H z W �.' 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Ui LP) o W H N N N N N N N N N N N N C7 0) 0) m m 0) 0) 0) 0) Ol m 0) m a OD H H H H H E-L H H E+ H H H Ln M •• N l0 O Ln 00 0 OD r r-1 O OD O E-4 O O LO r (M 00 w m r O Ol o z H W z Lri 0D rn Oo 0 x M r l0 LM Ln c N + .+ N c >+ O Ln M r •-I m N M < a v o Ln OD 00 r o OD o r Ln r fM 0) r O m O 0 r z CD rn Ln r rn 0D 0 OD M W H Ln r ri r-I r-I N C' r1 Ui > M W r rl 01 N M r1 W U L 1 d z W W H a > U W x x E U z cn w w a U L4 a H a O a a a cn a a U a < > cn < < z a a H cn H a H co H W EH H F+ U H H cn H O W W O O < O a 0 0 O O O U O O O H H H H a< H H H H HU H aa z E U H a O O a W a W a x a < x a co a a H a co a W a O H U U o x 0 a 0 (D o U o w o O w 0 w 0 x o > a a U a 0 H 0 a 0 H W 0 z O H O U W a Iz-I w O O w z w W w x w > z w w w w W w a w z w w a a> > o> 0> � o> a> a> H> a> Q> Q O O a H H x a H z O a U 04 > x E-I u, U) H H VJ fL wU Ga H 0 a O (Y) 00 O W Q) r-1 M 0) N > I > CQ v M 1-7 00 M r m r z z x OD r r Ln v I H N H t7 H m l0 v (M V' -4 '-i T r I H z 0o Ln Ln OD ao 0) O r 0 O U') N r-I 01 0 r L 1 O �C z a < as w ao a I O O [" H a O O r O N O O O 0) 0 N r W O O V O N O O O v o O C ai Cl o Ln O OD O o O l0 O OD Ln x 0 M M LO M M r rl (M O) a1 M Ln z O O O o v M O o O O O r r w 1.0 1�0 r I'D E-+ z N N v N cn IH r-I N . I N M cw M O 0 Ln O O Ln Ln O O O Ln U1 O r I 1.4 M N -i V C N Ln Ln .--I M U U H 1-4 r-4 r-I .--I H .--I r-1 r-I N r-I .-q r� Cl 0 0 0 0 0 0 0 0 0 0 0 .-I .-I H r-I r-I ri -I r-I Ln LO -4 .--I W < Q U H U U z > I" I UEu a O O U Iz-I vwi M O o O O O a H O H EI H Q W a W H FC U O W O O a H z W a >> O H a I4 O O W z QQ H O O w is O FC <• o O U) U)Cl)E- A x t7 < a w w 0 w H H - M a o z a O x x z A H a s z z a a a a 0 to co x x O H O w O D D > > > U U > 3 3 >+ [�- CLL w z 0 > O o Ln O o 0 0 O o 0 0 0 D O o r Ln O U') U-) 1-1 L 1 0 .-a o O >+ r-4 H o o H o 0 0 o H o r1 U H U H x co x cn z < m H w H (D O U O z O z H a O a W O O > > > > > 3 3 x >+ 024 ��B ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:29PM 09/24/01 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.*** 46716 09/24/01 &01538 LIZA BLISS 120.00 46717 09/24/01 ACE010 ACE HARDWARE 838.24 46718 09/24/01 G00050 GOOD FRIENDS & COMPANY 592.20 46719 09/24/01 HOL005 HOLIDAY INN 500.00 46720 09/24/01 IMPO10 IMPERIAL IRRIGATION DIST 325.71 46721 09/24/01 IMPO11 IMPERIAL IRRIGATION DIST 200.00 46722 09/24/01 KIN100 KINER/GOODSELL ADVERTISNG 9162.13 46723 09/24/01 LAQ040 LA QUINTA CHAMBER COMMERC 210.00 46724 09/24/01 NEX010 NEXTEL COMMUNICATIONS 2310.64 46725 09/24/01 ROS010 ROSENOW SPEVACEK GROUP 18614.87 46726 09/24/01 SOU002 SOUL OF CHINA 306.53 46727 09/24/01 VER200 VERIZON 161.35 46728 09/24/01 VER210 VERIZON INTERNET SOLUTION 69.00 CHECK TOTAL 33,410.67 025 0 9 z v' .-4 N m -IT Ln l0 r O m O -4 N M Ln to m O 1-1 N M tD r OD • r4 r-i '-4 r-I ri r1 r-A M a C C v C a M 9 O H z ra O �r N U C7 C7 C7 C7 C7 C7 C7 C7 C7 U U C7 C� C7 C7 C7 C7 U C7 C7 C7 C7 C7 C7 ow H E E E E E E E E E E E E E E E E E E E E C7 < 14 W W W W W W W W W W W W W W W W W W W w W W W a s QO E4 H H H H H H H H H H H H H H H HP H H H H H H r N •• O N Cl m lD Ln w N r-1 Ln 4 Ln m l0 O O r-i r N .� H Ln O M H O r lD O Ln 00 M v' m M N r v' m N O r-1 O r-i r-i -1 .--i O O z H . . . . . . . . . . . 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 46707 09/18/01 AZT200 AZTEC RENT -A -CAR 46708 09/18/01 CAL040 CALIFORNIA VISION SERVICE 46709 09/18/01 CAN050 CANADA LIFE ASSURANCE CO 46710 09/18/01 LAQ050 LA QUINTA CITY EMPLOYEES 46711 09/18/01 PRI050 PRINCIPAL MUTUAL 46712 09/18/01 RIV040 RIVERSIDE CNTY DEPT CHILD 46713 09/18/01 SUP100 SUPPORT PAYMENT CLEARING- 46714 09/18/01 UNIO05 UNITED WAY OF THE DESERT 46715 09/18/01 UNU050 UNUM LIFE INS CHECK TOTAL 1:02PM 09/18/01 PAGE 1 PAYMENT AMOUNT 154.37 1065.78 555.18 429.00 47135.22 426.50 150.00 179.00 2087.77 52,182.82 029 z O 11 OD h 11 Lr) k.0 N M C 01 O H z ri O OD r-i rn U C7 C7 rn On rn 0) rn rn On m rn O W H E E 0) 0) m am am m m 0) rn C7 < W W m m rn 0) rn m (n m 0) a ca H H E-H H H H H H H H H m qcr • M C' OD co O OD V• O O O [— N H H a) -W U) l0 U) O O [— OD z H . W z c rn a;o d o rn r N E D N N 110 U) N 00 U) N U) r co 00 >-4 O r-1 0 L c N OD c r I 0 r-1 r-1 N C N a c N U) I� OD OD O N O O O (� M r- H O N Lr) O O I� 4 Sri n a o rn r a Lf) l0 U) C] N (`') N D U7 1` OD < H O U) C' r-i > V• co 1-4 r q O H r 1 r H •� /+ N O F C a a I rtr H I � w x x H (n U) 0 W z W U H H 14 U W U z z H z E z z �-1 z �-7 W of 4 �4 w 4 z �4 ?+ O 0< g Q U rC .< Q < Q < Q z rC 9 a < z H H E-H H z H a H H U H 0 H O f+ a O H H O O O 1 O O 1 O 1 O 1 O U) O W H << H (f) H H • H U) U) H • E-+ H H z H U H H H z D 14 z z s4 �4 H H a a a a H a Vi a 4J a H H a 4-1 a 41 a JJ a a O H 0 0 0 O z 0 U) O 0 (j) O V) 0 u) O o 0 > a a as 0 z o H 0 •rl 0 x a 0 •ri 0 -4 0 •,1 o H o z U U) CO z o z z M z H< z 0 z O z A z a z H U) z z w H W w w w a H W w w w \ W w > cn > w > a > < z > a > a > a > o > 1 H H \ w W \ \ \ E-+ En H H > a a a a a cn W CL.1 H U W < r1 rI O H 0 a d' I I O a 0 w d o CD c > I > PO OD O rn 1` 1` I` 110 W z z E N U) r 1 M 0 O m CC1 H C) H ::3 U) CT O l0 ri r-I co 1 H z OD C r-i U) M M M O Ll U) r 0 OD z z o E-F H x Q z a d w w a I O o w H a 0 0 0 0 0 0 0 0 0 O 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 O O a M M u) M ri M ri r1 U) 01 z O O M M N (Y) M N N N M t� I- N N N N N N N N N E-1 z M M 0 0 0 0 0 O 0 O O x In Lr) 0 O 0 O O O O 0 0 O N N O O O O O O O O O U U r-i ri -4 -1 r-1 < 0 0 0 O 0 0 0 O O 0 O -i r-i r-1 'A W C] I 1-1 U W H z a a W >4 U a U) � U) z H W A 0 z E W U w o a s o w a s 0 x LO FC FC H U) F:� H H > H n� z E 0 z 1 FC E+ C-1 � �C GW U E U Ft � H W w a �4z z a E--+ Q< Q 3 w M a z a s H H H Q a O Q F-1 H H cn a L 1 a �H a U U w o M U U a o w < a w w H a z z w a H E a< 0 H H a z H H > a H a a o N N 0:.4 < FC a s H U z z U) z < O O O O O O O O O U7 O :D O O C U) U) U) U) C O O U) 0 >+ N N O O O O O O r-1 O O U H H H t4 z OI H H > a h1 U H N N < < < a s H D z z < U << U U a a s a U) M M A/P - AP6002 CHECKS TO BE VOIDED 2:50PM 09/18/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 46569 DEF 08/23/01 2300.00 LAQ300 LA QUINTA MEALS ON WHEELS COMMUNITY SVC GRANT TOTAL VOIDED 2,300.00 op 1, t- j A/P - AP6002 CHECKS TO BE VOIDED 09:10AM 09/25/01 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 45608 DEF 06/07/01 25.00 &01435 M R SOMERS CONSTRUCTION REFUND BUSINESS LIC OVERPAYMNi TOTAL VOIDED 25.00 COUNCIL/RDA MEETING DATE: Approval of Fiscal Year 2000/01 City of La Quinta Development Project Fee Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: October 2, 2001 CONSENT CALENDAR: o;?-- STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2000/01 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000. FISCAL IMPLICATIONS: The City must expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of fees collected and the interest earned. r�� (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, and Developer Impact fees for FY 2000/01 (Attachment No. 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby and Developer Impact fee programs meet the annual filing requirements of Government Code Section 66000 for FY 2000/01. The alternatives available to the City Council include: 1. Approve the Fiscal Year 2000/01 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 2. Do not approve the Fiscal Year 2000/01 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 3. Provide staff with alternative direction. Respe^lly submitted, n M. Falconed, Finance Director Attachments 1 : 1. Development Project Fee Report Approved for submission by: Thomas P. Genovese, City Manager (13 00Ote? ATTACHMENT 1 a) a) .c N w Oa) 0) E> > N O ao EF- `O c c O c U Y U i O O a o m o 'a m Z U '5 :? 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Capital projects to be funded from this source will be budgeted and expanded in a separate capital project fund. The infrastructure fee was eliminated 8-15-1999 and replaced by a new developer program August 16, 1999. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 00/01 Fund Balance Revenues & Other Sources Developer fees 0 Interest income 210,807 Contributions from property owners 0 Transfers in - CDBG Reimb for Senior Ctr Construction 0 Total Sources 210,807 Expenditures & Other Uses Capital Projects - Adams Street 42,030 Transfers out - Capital Improvement Project Fund 1,777,642 Total Uses 1,819,672 Total Available 6,592,913 1 608 865 4,984,048 ear Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2001 Revenues Collected from 1998 524,414 Revenues Collected from 1999 4,938,016 Revenues Collected from 2000 1,130,483 Revenues Collected from 2001 210,807 Total Endinq Fund Balance 6,803,720 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities FY 00/01 % Complete % funded with fee Washington St Storm Drain Improv 0 5.64% 100.00% Traffic Signal Ave 52 & Washington 0 0.00% 50.00% Civic Center Campus Improvements - Phase 1 47,623 63.26% 17.32% Cove Mini -Park Expansion 2,133 2.64% 46.96% Washington Widening/Ave 50 to Village (338,128) 100.00% 84.21 % Traffic Signal: Calle Tampico & Eisen Dr & FW &DP 25,723 100.00% 100.00% Washington St Widening -Fred Waring 0 1.71 % 100.00% Ave 50 Median Island Landscape 12,661 100.00% 100.00% Montero Estates Noise Study/Sound Wall 29,810 11.81 % 19.32% CVAG/Jefferson Phase 1 Construction 19,686 6.41 % 17.80% Citywide Median Landscaping 6,192 100.00% 21.98% Ave 52 (Jefferson St West to Citrus) 2,241 2.73% 18.53% Adams Street Median 56,994 21.91 % 22.53% Adams/Westward Ho 699 0.55% 11.47% Ave 54 (Jefferson to Madison) 1,659 0.84% 11.47% Park Avenue Sidewalk Improvements 10,072 49.64% 67.36% Citywide Street Sidewalk Improvements 9,196 1.00% 14.07% Transfer to Transportation DI 1,891,080 100.00% 100.00% Total 1 777 642 Note 1 - The City contracted with Century Crowell to make improvements to Adams St. The improvements were 100% funded with Infrastructure funds and are 100% complete. n 3 R 0U City of La Quinta Quimby Fees Government Code 66000 Calculation FY 00/01 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balances FY 00/01 Fund Balances Revenues & Other Sources Developer fees 0 Interest income 31,281 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources 31,281 Expenditures & Other Uses Transfers Out General Fund 37,600 Transfers out Capital Projects 63,182 Total Uses 100,782 Total Available 574,778 69 501 505,277 Five Year Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2001 Revenues Collected from 1998 69,298 Revenues Collected from 1999 15,942 Revenues Collected from 2000 388,756 Revenues Collected from 2001 31,281 Total Endina Fund Balance $505,277 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities FY 00/01 % Complete % funded with fee 18 Acre Park Site Sports Complex Lighting $30,123 33,059 1.21 % 100.00% 8.26% 100.00% Total $63 182 03"17 0v6 COUNCIL/RDA MEETING DATE: October 2, 2001 Approval of Fiscal Year 2000/01 City of La Quinta Art in Public Places Annual Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2000/01 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IMPLICATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses are limited to less than $25,000 or less than 5% of total funds in the account as of July 1 St of any year. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: 2.65.1 10 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. 2.65.1 10 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in the account on July 1 st of any year nor twenty-five thousand dollars in any fiscal year. 038 Staff has prepared the analysis of the Art in Public Places, which disclosed no reimbursements due to contributors and no excess administrative costs (Attachment 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Art in Public Places Program, meets the financial requirements of Municipal Code 2.65 - Art in Public Places for FY 2000/01. The Alternatives available to the City Council include: 1. Approve the Fiscal Year 2000/01 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; or 2. Do not approve the Fiscal Year 2000/01 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respect ly submitted, Jo n M. Falconef, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments 1: 1. 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(O � -O(00(AO O M T- � (O v a O U') Iq CN O r- M M M c- V' e O W N s- O CO r- N tp pp M CO IT IT co O c a) L' ti O 0 O ON `-UO R (V co om OCO (O N Cl) IT O LL N O (A Cn Cl) N O� O (V co N t!) 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City deposited $1,000,000 and a developer deposited $800,000 into the La Quinta Auto Mall account (Attachment 1). The purpose of the account was for public improvements at and around the La Quinta Auto Mall. The project has been completed and the book balance is zero. Staff is requesting Council action to close the account. FINDINGS AND RECOMMENDATIONS: The alternatives available to the City Council include: 1. Approve authorization for the Treasurer to contact Wells Fargo and close the La Quinta Auto Mall Checking and Sweep Account; or 2. Do not approve authorization for the Treasurer to contact Wells Fargo and close the La Quinta Auto Mall Checking and Sweep Account; or 3. Provide staff with alternative direction. 042 R ectfull bmitted, ohn . Falconer, Finance Director Approved for submission by: ('-;� i�.-"' Thomas P. Genovese City Manager Attachment 1: 1. Approval of Auto Mall and Checking Account 043 002 ATTACHMENT 1 ---- RESOLUTION NO. 99-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, TO OPEN A U.S. TREASURY MONEY MARKET ACCOUNT WITH WELLS FARGO BANK WHEREAS, the City Council by its authority under the La Quinta Municipal Charter; and WHEREAS, the City Council approved by Ordinance No. 328 a Developer Agreement with Stamko Development Company which provides that an interest bearing checking account shall be set up with Wells Fargo Bank that would require signature from designated individuals by the City and by Stamko Development Company; and WHEREAS, the City has determined that the most appropriate type of account is a 100% Treasury Money Market Stagecoach Fund; and WHEREAS, the individuals designated for signature for the City are the officials acting as Mayor, Mayor Pro Tem, City Manager and Finance Director and for Stamko Development Company is Christine F. Clarke, President of Kestam. BE IT RESOLVED the City Council here resolves and determines as follows: 1. A 100% Treasury Money Market Stagecoach Fund shall be opened in the City's name. 2. The signatures required for checks shall include two signatures from the City and the signature of Christine F. Clarke for Stamko Development Company. 3. Any modification or change in this account would require express written notice to Wells Fargo by a resolution of the City Council certified by the City Clerk. 4. The City Manager or his delegate shall be authorized to perform any functions necessary to carry out the opening and management of the above money market account. ^' PASSED, APPROVED and ADOPTED this 5th day of January, 1999 by the following vote: 044 004 Resolution No. 99-03 Adopted: 115199 Page 2 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None (1, Qk-L4'-' TO r4li. 45 E-'N' A YMaVor City of La Quinta, California ATTEST: ;A%NDRA L. JUH LA, City Clerk City of La Quinta, California APPROVED AS TO FORM: J" "--v LC DAWN C. HONEYW LL, City Attorney City of La Quinta, California 045 0GJ AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 2, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Adoption of a Resolution Approving PUBLIC HEARING: a Cable Transfer Agreement RECOMMENDATION: Adopt a Resolution of the City Council approving a cable transfer agreement between the City of La Quinta and Time Warner Entertainment-Advance/Newhouse Partnership. FISCAL IMLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2001, Time Warner Cable transmitted a letter to the City of La Quinta (Attachment 1) informing the City of a cable transfer involving TWI Summit Cable and Time Warner Entertainment-Advance/Newhouse Partnership (TWE-A/N). TWI Summit Cable is the present owner of the cable television system that serves the City of La Quinta. TWE-A/N is a general partnership, majority -owned by AOL Time Warner Inc., that owns other cable television systems in the Palm Desert area. Time Warner's letter states that the cable television system serving La Quinta will be purchased by TWE-A/N and that Time Warner will continue to manage and operate the system with no change to personnel, operations, channel lineup or rate charges. The letter further states that pursuant to the La Quinta Charter and Municipal Code, Section 5.10.650 (Attachment 2), the City's consent to the cable transfer is not required given that TWE-A/N (the transferee) is an affiliate of TWI Summit Cable (the transferor); and further, that both are owned by the same ultimate parent, AOL Time Warner Inc. i' • Upon receipt of Time Warner's letter, staff consulted with Bill Marticorena, the City's special legal counsel on cable issues. Mr. Marticorena advised that although the City's consent to the cable transfer was not required under the City's Charter and Municipal Code, it would be wise to draft a resolution and agreement to memorialize and document the transfer. Accordingly, the Resolution (attached to this staff report) and cable transfer agreement (provided as Attachment 3) have been drafted for Council consideration. Execution of the agreement will indicate that the transferee, TWE-A/N, accepts all the terms and conditions of the 1995 Franchise Agreement, the La Quinta Charter and Municipal Code, the previous transfer agreements of 1995, 1996 and 2000, directives of the Federal Communications Commission, and applicable federal, state and local laws. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a cable transfer agreement between the City of La Quinta and Time Warner Entertainment- Advance/Newhouse Partnership; or 2. Do not adopt a Resolution of the City Council approving a cable transfer agreement between the City of La Quinta and Time Warner Entertainment- Advance/Newhouse Partnership; or 3. Provide staff with alternative direction. Respectfully submitted, c Mark We ss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from Time Warner Cable dated June 21, 2001 2. La Quinta Charter and Municipal Code, Section 5.10.650 3. Cable Transfer Agreement 047 002 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A CABLE TRANSFER AGREEMENT BETWEEN THE CITY OF LA QUINTA AND TIME WARNER ENTERTAINMENT -ADVANCE NEWHOUSE PARTNERSHIP WHEREAS, on June 21, 2001, the City of La Quinta was advised by Time Warner Cable of a cable transfer involving TWI Summit Cable, present owner of the cable television system serving the City of La Quinta, and Time Warner Entertainment-Advance/Newhouse Partnership (TWE-A/N), a general partnership majority -owned by AOL Time Warner Inc.; and WHEREAS, the cable television system serving La Quinta will be purchased by TWE-A/N and continue to be managed and operated by Time Warner Cable with no change to personnel, operations, channel lineup or rate charges; and WHEREAS, it is in the best interest of the City of La Quinta to adopt this Resolution and approve a cable transfer agreement memorializing and documenting the cable television system transfer from TWI Summit Cable to TWE-A/N; and WHEREAS, execution of the cable transfer agreement between the City of La Quinta and TWE-A/N will indicate TWE-A/N's acceptance of all terms and conditions of the 1995 Franchise Agreement, the La Quinta Charter and Municipal Code, the previous transfer agreements of 1995, 1996 and 2000, directives of the Federal Communications Commission, and applicable federal, state and local laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby acknowledges the cable television system transfer from TWI Summit Cable to TWE-A/N. 2. The City of La Quinta hereby approves the cable transfer agreement between the City of La Quinta and TWE-A/N. 3. The City Council of the City of La Quinta hereby authorizes the Mayor to execute the cable transfer agreement. 003 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of October 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 049 41--725 Cook Street Palm Desert, Cf4 92211 Tel 760-340-1312 Fax 760-340-9764 ATTACHMENT 1 I TIME WARNER CABLE June 21, 2001 Via Overnight Delivery To: Y �-IL JUN _� .. ntuAlT► 1 Vf1 Ln Mr. Tom Genovese C1jMA GENT City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Cable Television Franchise ("Franchise") granted by the City of La Quinta, California Dear Mr. Genovese: As you may know, TWI Summit Cable, Inc., formerly known as Summit Cable Services of Georgia, Inc. ("Summit"), is the owner of the cable television system serving your community (the "System"). Time Warner Cable manages and operates the System on behalf of Summit. Summit is wholly owned by AOL Time Warner Inc. The purpose of this letter is to notify you that, for reasons of administrative clarity and efficiency, Summit and Time Warner Entertainment-Advance/Newhouse Partnership ("TWE-AN"), a general partnership that is majority -owned by AOL Time Warner Inc. and that owns other cable television systems in the Palm Desert area, have entered into an agreement pursuant to which TWE-A/N has agreed to purchase from Summit the cable television and other assets owned by Summit in the Palm Desert area, including the Franchise. The System will continue to be managed "and operated by Time Warner Cable after the transfer, and will continue to be owned by the same ultimate parent, AOL Time Warner Inc. Pursuant to Section 5.10.650 of the La Quinta Municipal Code, your consent to this transaction is not required, as TWE-A/N is an Affiliate of Summit. We would like to assure you, however, that none of the personnel, operations, channel lineup or rates charged to subscribers of the System will change in any way as a result of this transaction. After the transfer, TWE-A/N will hold both the System and the Franchise, and Time Warner Cable will continue to manage and operate the System. Time Warner Cable will continue to perform the obligations under the Franchise. If you have any questions or need any additional information in connection with this request, please do not hesitate to contact me at (760) 674-5300. Sincere ours Bob Barlow President, Desert Cities Division n50 006 ATTACHMENT 2 J. No acceptance of any payment shall be construed as a release of, or an accord, or satisfaction of, any claim that the city might have for further or additional sums payable under the terms of this Ordinance, or for any other performance or obligation of a franchised MCS provider hereunder. K. Payments of compensation made by a franchised MCS provider to the city, pursuant to the provisions of this Ordinance, shall be considered in addition to, and exclusive of, any and all authorized taxes, business license fees, other fees, other levies or assessments presently in effect, or subsequently adopted. L. A franchise fee does not include any items excluded by Section 622(g)(2)(D) of the Cable Act (codified at 47 USC 542(g)(2)(13)). M. Nothing in this section shall be construed to limit the authority of the council/franchising authority to impose a fee or other assessment of any kind, on any person (other than a franchised MCS provider) with respect to multi -channel service or other programming or communications service provided by such person over a multi -channel system for which charges are assessed to subscribers, but not received by a franchised MCS provider. For purposes of illustration only, this subsection shall include the situation(s) where a premium service directly bills a subscriber, or the franchised MCS provider acts as collection agent for a premium service billing directly to a subscriber, or where a person leases a channel for commercial use and sells advertising or goods on that channel, and receives the money directly or through a third party. N. For any twelve-month period, the fees paid by any person subject to subsection M of this section who provides any such multi -channel service shall not exceed five percent of such person's gross revenue, or such higher percentage as may be -authorized by the FCC, Congress or other governmental entity derived in such period from the provision of such service over the multi -channel system. O. If at any time, the highest court of the nation, or the highest court of the state, invalidates, voids or rules as unconstitutional the concept of franchise fees, then the council/franchising authority may impose an alternative user charge on the franchised MCS provider, as allowed in this Ordinance. P. In light of subsection O of this section, the franchise agreement may contain express language which permits a different method or manner for collection of franchise fees should the applicable provision of the franchise agreement be ruled unconstitutional or unenforceable, so that the city's source of revenue and compensation for the use of the public right-of-way may be protected. (Ord. 255 § 1 (Exh. A) (part), 1994) 5.10.650 Assignment or transfer or sale of franchise. A. There shall be no assignment of a franchised MCS provider's franchise, in whole or in part except to an affiliate, without the prior express written approval of the council/franchising authority. B. Except as noted in subsection L of this section, any assignment or transfer without such prior written consent shall constitute a default of such franchise which may subject a franchised MCS provider's franchise to revocation. C. At least one hundred twenty days before such a proposed assignment of the franchised MCS provider's franchise is scheduled to become effective, the franchised MCS provider shall petition in writing for the council franchising authority's written consent for such a proposed assignment. It is specifically noted that the franchised MCS provider shall submit to the council/franchising authority (concurrently with submission of its written petition) an FCC 394 Form (or successor form) together with: (1) any other information or documentation required by the state or federal government (including the FCC); (2) the information referenced in subsections G and H of this section; and (3) information regarding the financial ability and stability of the proposed assignee with respect to being able to perform all obligations of the existing franchise. D. The council/franchising authority shall not unreasonably withhold its consent to such an assignment. However, in evaluating the petition for assignment, transfer or sale, the council/franchising authority may, at its sole discretion, undertake a technical inspection and audit of the system to determine whether the franchised multi -channel system complies with all applicable technical and safety codes, as well as complies with, and operates within the construction, and construction -related practices set forth in this Ordinance. Also, the technical inspection and audit is designed to determine the technical integrity and stability of the present multi -channel system. E. The council/franchising authority shall have the right to undertake the technical inspection no sooner than fifteen days after receiving the petition for consent, and the council/franchising authority shall receive the technical inspection and audit report at least thirty days before the proposed multi -channel system assignment, transfer or sale is to occur. 100-15 051 (is Quint& 1-95) 007 ATTACHMENT 3 AGREEMENT RELATING TO THE CONSENT OF THE CITY OF LA QUINTA, CALIFORNIA TO THE TRANSFER OF THE FRANCHISE AGREEMENT HELD BY TWI SUMMIT CABLE, INC. This agreement (the "Transfer Agreement") is entered into this — day of between and among the City of La Quinta, California (the "City") and Time Warner Entertainment — Advance/Newhouse Partnership (the "Transferee). WHEREAS, the City Council entered into a Franchise Agreement (the "Franchise") with a predecessor -in -interest of TWI Summit Cable, Inc. (the "Transferor") pursuant to the provisions of the La Quinta Municipal Code (the "Ordinance") to operate a cable television system within the City (the "System"); and WHEREAS, the Transferor has filed a written notice to the City, (the "Notice") wherein it has notified the City of it intention to assign of the Franchise to the Transferee (the "Transfer"); and WHEREAS, it is the intent of the City to acknowledge the Transfer whereby ownership and control of the Franchise and the System shall be held by the Transferee; and WHEREAS, the City Council of the City has reviewed the Transfer as well as all relevant documents, Staff Reports and recommendations; and WHEREAS, based upon the evidence presented to the City Council, it would be in the public interest to acknowledge the Transfer; and WHEREAS, consent by the City is not required but the Transferee has no objection to this Transfer Agreement NOW, THEREFORE, it is agreed by and between the parties as follows: The City Council of the City hereby gives it acknowledgement to the Transfer as described herein. 052 2. By executing this Agreement, the Transferee hereby accepts all the terms and conditions of the Franchise, the Ordinance, that "Agreement relating to the Consent of the City of La Quinta, California to the Transfer of Control of the Franchise Agreement Granted to Providence Journal Company", dated as of October 5, 1995, (the "1995 Transfer Agreement"), that "Agreement Relating to the Consent of the City of La Quinta, California to the Transfer of Control of the Franchise Agreement Granted to Continental Cablevision, Inc., to U.S. West, Inc.", dated as of August 6, 1996 (the "1996 Transfer Agreement"), that "Agreement Relating to the Consent of the City of La Quinta, California to Change of Control of the Franchise to AOL Time Warner, Inc.", dated as of August 15, 2000 (the "2000 Transfer Agreement"), any lawful orders or directives of any administrative agency relating to the Franchise or the System including, but not limited to, the Federal Communications Commission (the "Commission") and this Transfer Agreement (collectively, the "Franchise Documents") and Transferee represents and warrants that it has examined the requirements of the Franchise Documents as well as the applicable federal, state, or local laws or regulations, and agrees to abide by all the terms and conditions thereof. 3. This Transfer Agreement shall be deemed effective upon the closing of the Transfer (the "Effective Date"). 4. Each party reserves any and all rights it may have under applicable local, state, or federal law. 5. This Transfer Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. The parties agree that this Transfer Agreement will be considered signed 053 0nq when the signature of a party is delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. ATTEST: CITY OF LA QUINTA, CALIFORNIA (the "City") City Manager/City Clerk Mayor APPROVED: Special Council TIME WARNER ENTERTAINMENT — ADVANCE/NEWHOUSE PARTNERSHIP (the "Transferee") By: Its: 054 010 T 0 0 r. 44t 4 4 a" COUNCIL/RDA MEETING DATE: October 2, 2001 Approval of an Amendment to the Agreement for Law Enforcement Services, Adding a Community Services Officer and a Target Team Member to Existing Service Levels RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Agreement for Law Enforcement Services between the County of Riverside and City of La auinta, adding a Community Services Officer and a Target Team member to existing service levels. FISCAL IMPLICATIONS: Funding for the addition of a Community Services Officer and a Target Team member is included in the current budget. The added positions, coupled with hourly increases in the patrol rate, has increased the total Police budget for Fiscal Year 2001 /02 by approximately $323,618 and to a total budget of $3,812,1 18. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 7, 1997, the City approved the Agreement for Law enforcement services with the County of Riverside which is provided as Attachment 1. The Agreement was amended for the first time in August of 1998 when the total number of patrol deputy hours was increased from 72 to 82 hours daily. The contact was amended a second time in Fiscal Year 2000/01 to add a motorcycle officer and a dedicated sergeant. The third amendment, which is included as Attachment 2, will add a third Target Team Member and a second Community Resources Officer. This addition came as a result of City Council direction during the Budget proceedings and is considered to be a proactive approach to law enforcement in the City. In order for the Sheriff's Department to continue the recruitment process for the two positions, and facilitate the goal of filling the positions as soon as possible, staff is recommending approval 055 possible, staff is recommending approval of a Third Amendment to the Agreement for Law Enforcement Services between the City and the County of Riverside. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Amendment to the Agreement for Law Enforcement Services between the County of Riverside and City of La Quinta, adding a Community Services Officer and a Target Team member to existing service levels; or 2. Do not approve the amendment; or 3. Provide staff with alternative direction. Respectfully Submitted, Tom Hartung, Director of Building & Safety Approved for Submission B / yr�,►�t.o . Thomas P. Genovese, City Manager Attachments: 1 . Agreement for Law Enforcement Services Between the County of Riverside and the City of La Quinta 2. Third Amendment to the Agreement for Law Enforcement Services Between the County of Riverside and the City of La Quinta 056 J ATTACHMENT 1 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF LA QUINTA, hereinafter "City," and the COUNTY OF RIVERSIDE, on behalf of the Riverside County Sheriffs Department, hereinafter "County." IT IS THEREFORE AGREED AS FOLLOWS: i. TERM 1.1 Effective Dates, This Agreement shall be effective from July 1, 1997 through June 30, 2002. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically renewed for an additional five (5) year period at the level of service then currently in effect. As a matter of convenience to the parties hereto, and in order to facilitate continuity of the law enforcement services provided to City, the parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to the effective date of such automatic renewal. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE 2.1 cervices. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. The services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State statutes and the City codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. 057 2.2 CAL -ID and ACIIS • City agrees as. a condition of receiving services hereunder to participate in the California Identification Systems (CAL -ID) and the Automated Criminal Identification System (ACIIS). The terms and conditions governing City's participation, including any and all costs to City for such participation, shall be governed by separate agreements. 3. LEVEL OF SERVICE 3.1 Level of Service Soe�cifi_ed. County shall provide law enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variation in the level of service shall be made by amendment, as provided for in Section 10 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to do so. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10 % ), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 4.1 Supervision, Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. 4.2 Labor and Eauinment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and OA 05�=. expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications, shall remain within the City limits, and ownership title thereto shall remain with City. 4.3 City -Owned Motorcycles and Vehicles. In the event City chooses to provide motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall meet minimum specifications furnished by County, shall be adequately. equipped and ready for use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, insurance coverage (which shall be .maintained at all times), licensing, and any and all expenses associated with use of. the vehicle for the provision of services hereunder. However, County shall be responsible for the cost of property damages, bodily injury or death, . or any other element of damage of any kind or nature that result from negligent or wrongful acts of County officers, employees, and agents while operating City -owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only within City limits except for emergencies. 5. EMPLOYMENT STATUS OF PERSONNEL 5.1 Employment Status. Any person employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. 5.2 Labor Shortage. In the event of a work slow -down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. 6. COMPENSATION 6.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided 3 059 C1 06 at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team, Canine Unit, and Aviation Unit. 6.2 Establishment of Costs. The rates to, be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level, of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 6.3 Payment of Costs. County, through the Sheriffs Department, shall provide to City within 30 days of the conclusion of each calendar month an itemized statement of the costs for services being charged for said month. City shall remit payment to the invoicing department within 30 days after receipt of such statement. If such payment is not received by the County within thirty (30) days after rendition of billing, County may satisfy such indebtedness from any funds of the City on deposit with County without giving further notice to the City of County's intention to do so, or may use any other remedy provided by law. 7. INDEMNIFICATION AND HOLD HARMLESS 7.1 Indemnification by City, City shall indemnify and hold County, its officers, agents, employees, and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County, its officers, agents, employees, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 7.2 Indemnification by County-, County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend 4 060 .00'7 at its expense, including attorney fees, City, its officers, agents, employees, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 8. MEMORANDA OF UNDERSTANDING If requested by City or by County, a memorandum of understanding will be entered into by and between City (or its administrative designee) and County (or its administrative designee) with respect to any question relating to the provision of services under this Agreement. Such memorandum shall set forth the questions raised and such terms and conditions as have been agreed upon between City and County 'in resolution of the question. The intent and purpose of such memorandum -shall be to implement, interpret, or clarify one or more provisions of this Agreement. No such memorandum shall have the effect of altering any -of the provisions of this Agreement, unless executed in the form of an Amendment as provided for under Section 10 of this Agreement. In the event of any inconsistency between the terms of such memorandum and the terms of this Agreement, the terms of this Agreement shall govern. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver therof. 11. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: Larry Smith, Sheriff Riverside County Sheriff's Department Post Office Box 512 Riverside, California 92502 fly City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. 5 061 008 An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 14th Floor Riverside, California 92501 12. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 13. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. 14. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. 062 009 15. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: - Z �Pl-1 19:2 - ATTEST: Nam60 V vs4 n a - �Ju k a(o,_ Title i "' I C t a rt� By: OCT 2 8 1997 Dated: ATTEST: Gerald A. Maloney Clerk of the Board By: 2z-J"�* puty OCT 2 8 1997 CITY OF LA QUINTA COUNTY OF RIVERSIDE By: till zw-* Chairman, Board of Supervisors Facsimile 3Igr e n affixed by Cleric per ^c. 254.03 Gov. Code FORM APPROVED r, COUNTY COUNSEL 4 1. S P 0 81997 7 E 063 010 ATTACHMENT A CITY OF LA QUINTA LEVEL OF SERVICE Av r ge Patrol Services 72 supported hours per day. (Equivalent of approximately 15 Deputy Sheriff positions a 1780 annual productive hours standard.) Dedicated Positions Two (2) Deputy Sheriff positions (fully supported) --Target Team One (1) Deputy Sheriff position (unsupported) --School Resource Officer One (1) Sheriff's Service Officer ATTACHMENT 2 THIRD AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF LA QUINTA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of La Quinta, approved by the Board of Supervisors on October 28, 1997, for services effective July 1, 1997 through June 30, 2002, as amended November 10, 1998 and July 25, 2000, is hereby amended in the following respects only: 1. Section 2.2D is amended to read as follows: 2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 6.2 and 6.3 of this Agreement. 2. Section 6.3 is amended to read as follows: 6.3 Payment of Costs. County, through the Sheriff's Department, shall provide to City within 30 days of the conclusion of each calendar month an itemized statement of the costs for services being charged for said month. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within thirty (30) days after receipt of such statements. If payment is not received by County or disputed by City within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of City on deposit with County as provided by law pursuant to Government Code Section 907. 3. Section 6.4 is added and reads as follows: 6.4 Field TrainingCosts. osts. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of eighteen (18) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided within 30 days of the Board of Supervisors approval of any new positions. Field training costs will not apply to supervisory or classified positions added to the level of service. 4. Attachment A is amended to read as follows: CITY OF LA QUINTA LEVEL OF SERVICE H 065 012 Average Patrol Services 82 supported hours per day. (Equivalent of 16.8 Deputy Sheriff positions @ 1780 annual productive hours per position) Dedicated Positions One (1) Sheriff's Sergeant position Three (3) Deputy Sheriff (fully supported) positions - Target Team One (1) Deputy Sheriff (fully supported) position - Motor Officer One (1) Deputy Sheriff (unsupported) position - School Resources Officer Two (2) Community Service Officer II positions IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and 2 066 013 sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: ATTEST: Name Title Dated: ATTEST: Gerald A. Maloney Clerk of the Board Deputy 3 CITY OF LA QUINTA I' Mayor COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors FORM APPROVED COUNTY (7n' "n!^r-L AUG 2 2 2001 BY"VA /'*JL�7 V COUNCIL/RDA MEETING DATE: October 2, 2001 Approval of Restated and Amended Employment Agreement between the City of La Quinta and the City Manager RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the restated and amended employment agreement between the City of La Quinta and the City Manager. FISCAL IMPLICATIONS: Adequate funds have been budgeted in account 101-102-501-000, City Manager's Office -Salaries, Full Time, for fiscal year 2001 /2002. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to the agreement between the City and Thomas P. Genovese, City Manager dated July 5, 2000, the City Council may increase the salary and/or benefits of the City Manager based on an annual evaluation. During their closed session on September 18, 2001, the City Council performed their annual evaluation of the City Manager and negotiated the terms and benefits of the referenced agreement. Provided as Attachment 1 is the restated and amended employment agreement between the City and Thomas P. Genovese, City Manager. All changes discussed during the above -mentioned closed session have been incorporated into this agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the restated and amended employment agreement between the City of La Quinta and the City Manager; or 2. Do not approve the restated and amended employment agreement between the City of La Quinta and the City Manager; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Restated and Amended Employment Agreement 069 ATTACHMENT 1 RESTATED and AMENDED EMPLOYMENT AGREEMENT THIS RESTATED AND AMENDED EMPLOYMENT AGREEMENT (the "Agreement") is made and effective this 1 St day of July 2001, by and between the City of La Quinta, a public body (the "City" or "Employer"), and Thomas P. Genovese, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of said Thomas P. Genovese as the City Manager as defined by the La Quinta Municipal Code; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ said Thomas P. Genovese as City Manager of said City to perform the functions and duties specified in the La Quinta Municipal Code and as provided by state or federal law and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. Section 2. Term. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee at any time, with or without cause subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this Agreement. C. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing provided they do not interfere with Employee's normal duties and are done only during vacation or holiday time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activities create a conflict of interest with the duties of the City Manager and the 070 interests of the City. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months salary; provided, however, that in the event Employee is terminated for willful misconduct as defined in Section 2.08.160 of the Municipal Code, then, in that event, Employer shall have no obligation to pay the severance sum designated in this paragraph. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision in paragraph A above. C. In the event, Employee voluntarily resigns his position with Employer before expiration of the above -referenced term of his employment, then Employee shall give Employer sixty (60) days written notice in advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of six (6) successive weeks beyond any accrued sick leave, Employer shall have the option to terminate this Agreement. Termination pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel rules. Section 6. Salary. A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $125,000, effective July 1, 2001, payable in equal installments at the same time as other employees of the Employer are paid. Employer 0,71 agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine that it is desirable to do so on '� the basis of an annual evaluation which shall be initiated no later than the end of May 30 of each year. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules. Section 8. Automobile. Employee shall provide his own automobile. City shall provide a $550.00/month automobile allowance as well as gas and maintenance reimbursement pursuant to the City approved policy. Section 9. Vacation and Sick Leave. Employee shall accrue, and have credited to his personal account, vacation and sick leave as provided for the City Manager pursuant to the Personnel Rules. Effective July 1, 2000, an additional 10 days of vacation shall be added to the vacation specified in the Personnel Rules. Section 10. Other Benefits. Employee shall be provided with the same health, dental, vision, life insurance and retirement benefits as other general employees of the City. Employee may receive an annual physical examination at City expense. Section 11. Other Terms and Conditions of Employment. A. The City Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 12. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of 072 the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA Post Office Box 1504 La Quinta, California 92253 EMPLOYEE: Thomas P. Genovese Post Office Box 381 La Quinta, California 92253 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 14. General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2001. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement, to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYER: CITY OF LA QUINTA By: Its: Mayor 073 F ATTEST City Clerk APPROVED AS TO FORM: City Attorney EMPLOYEE: Thomas P. Genovese 074 I T a 0 4hf 4 4 a" COUNCIL/RDA MEETING DATE: October 2, 2001 Approval of an Amendment to Resolution 2001-93 to Clarify a Credit for Those Property Owners on the Residential Waste Tax Roll Billing for Fiscal Year 2000/2001 to be Credited on the Residential Waste Tax Billing for Fiscal Year 2001 /2002 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council amending Resolution 2001-93 crediting those property owners on the Residential Tax Billing on Fiscal Year 2000/2001 to be credited on the Residential Tax Roll billing for Fiscal Year 2001 /2002. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta established a residential tax roll rate for 2000/2001 of $9.96 per month; however, when the rate was placed on the tax rolls the yearly rate was $120.48 or $10.04 per month which was a $0.96 per year, or $0.08 per month, overcharge. The City Council on July 3, 2001 adopted Resolution 2001-93 ordering the levy and collection of assessments for refuge collection and recycling services from residential properties within the City. The tax rate for those continuing tax rate residents should have been reduced to $120.12, or $10.01 per month and the new additions to the tax rolls were assessed $121.08; however, the Resolution did not contain the $0.96 credit. Staff is amending the Resolution to put this $0.96 credit provision in place for those property owners assessed in Fiscal Year 2000/2001. This amendment will allow the credit to be implemented by the Tax Assessor. 075 G:\WPDOCS\ccjh-waste.wpd FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council amending Resolution 2001-93 crediting those property owners on the Residential Tax Billing on Fiscal Year 2000/2001 to be credited on the Residential Tax Roll billing for Fiscal Year 2001 /2002; or 2. Do not adopt a Resolution of the City Council amending Resolution 2001-93 crediting those property owners on the Residential Tax Billing on Fiscal Year 2000/2001 to be credited on the Residential Tax Roll billing for Fiscal Year 2001 /2002; or 3. Provide staff with alternative direction. Respectfully submitted, jm y Her an mun ty Development Director Approved for submission by: Thomas P. Genovese, City Manager 076 002 GAWPDOCS\ccjh-waste.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CITY COUNCIL RESOLUTION 2001-93, ADDING THOSE PROPERTY OWNERS ON THE RESIDENTIAL TAX BILLING FOR FISCAL YEAR 2000/2001 TO BE CREDITED ON THE RESIDENTIAL TAX ROLL BILLING FOR FISCAL YEAR 2001 /2002 AMENDMENT TO RESOLUTION 2001-93 WHEREAS the City Council conducted a public hearing on July 3, 2001, and adopted Resolution 2001-93 ordering the levy and collection of assessment for refuse collection and recycling services from residential properties within the City; and WHEREAS, the intent of the City Council was to credit the $.96 to those property owners incorrectly assessed during Fiscal Year 2000/2001; and NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1.. The Riverside County Tax Assessor incorrectly reassessed the property owners for Fiscal Year 2000/2001 for $10.04 instead of the $9.96 as approved by the City Council. SECTION 2. This City Council hereby finds that the residential property owners tax rate for 2001 /2002 shall be adjusted for those residential property owners during 2000/2001 a credit of $.96. SECTION 3.. The City Clerk shall file with the County Auditor of the County of Riverside a certified copy of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2"d day of October, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 077 G:\WPDOCS\ResoCCWasteResAmd.wpd City Council Resolution 2001- Amendment to Resolution 2001-93 Adopted: October 2, 2001 JOHN J. PEIVA, 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 078 04 G:\WPDOCS\ResoCCWasteResAmd.wpd CV 4 44P QuArA COUNCIL/RDA MEETING DATE: October 2, 2001 Consideration of Village Faire Logo and Banner Selection RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select a Village Faire logo and banner selection to be displayed in the Village of La Quinta to advertise the Village Faire events. FISCAL IMPLICATIONS: The Community Services Department Fiscal Year 2001 /02 Budget has a line item listed in the Contract Services section (#101-251-605-821) for $6,600 for the Seasonal Banner program as part of the Marketing Program. There are 21 light poles with two banner brackets each, for a total of 42 banner locations in the Village. Each banner is estimated to cost between $47 and $1 18 each, dependent upon the number of colors used on the banner print. The estimated total cost for the Village Faire banners if all available banner locations are used would be between $2,374 and $5,356 which includes the printing set up charge as well as shipping. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As part of the Village Improvement program, street light poles were installed. The information regarding the City Council approved light standard is provided as Attachment 1. As part of the light pole design, banner brackets were included. These brackets allow for two banners to be hung from each light pole. The banners allow for a marketing component to be incorporated as part of the Village improvements. A complete banner program is being compiled for City Council consideration at a later date. However, due to the upcoming Village Faire event, the City Council may wish to consider the design and location for banners advertising the Village Faire event, and address the additional banners for the banner program at a later date. For this report, the Village Faire banners are limited to Calle Estado until a comprehensive banner program can be fully developed. 079 At the August 21, 2001 City Council meeting, the City Council approved the name Village Faire for the event formerly known as Mainstreet Marketplace. With the completion of the Village Improvements, the Village Faire event will be held on Calle Estado beginning November 2, 2001 and continuing through April 2002. As a means of advertising Village Faire, banners advertising the event can be hung on the recently installed light pole brackets at a specific time before the event and removed the day after the event each month. The banners could contain the title "Village Faire" with the event's logo and reference to the day in which the event will be held. It is anticipated that the banners would advertise the Village Faire event without specific dates. By using this banner design, one set of banners may be purchased and used for all six events per year. Banners with specific dates imprinted on them would have very limited use. Staff is seeking Council direction as to the design of banners for the Village Faire event. With the first Village Faire event on November 2, the design of the banners advertising the event would need to be finalized at this City Council meeting. Staff would then place the banner order the following day, to ensure banner delivery during the third week of October, for display the last week of October through November 2. As stated above in this report, additional banner concepts and program will be brought forward at a future City Council meeting for consideration. Event Logo: The La Quinta Chamber of Commerce sponsored the Mainstreet Marketplace event in the past and had a specific logo designed in 1996 to advertise this event. The Mainstreet Marketplace logo is provided as Attachment 2. It is the recommendation of the City's advertising consultant, Kiner/Goodsell, to continue using the logo associated with the former Mainstreet Marketplace event for the Village Faire event. The logo is recognizable to those who have attended the event in the past and provides continuity between the events. Ms. Valerie Smith of the La Quinta Chamber of Commerce has stated the Chamber would provide the logo for the City's use for Village Faire. Staff is requesting direction from the City Council on a logo for the Village Faire event. One option is to continue to use the logo as provided in Attachment 2 for the Village Faire event. Should the City Council choose to not use the former Mainstreet Marketplace logo, another logo could be developed by Kiner/Goodsell; however, the design of the banners would be delayed for several weeks while a new logo is designed and approved. 080 G 0 2 S:\Community Services\CCReports\CC.158.Village Banner Program.wpd Banner Wording and Font: Attachments 3a through 3e provide a sample design of the banners and a mock-up of the light pole with each banner demonstrating possible fonts and wording for advertising the event as provided by Kiner/Goodsell. Banner and Text Color: Attachment 4 is a sample of. the color of the light poles located in the Village. Attachment 5 provides colors in which banners are available. The text and logo can be produced in virtually any color. The color of the printed material should be in a contrasting color to the banner to provide a readable text. A dark text on a dark colored banner does not produce a readable banner as is the same with a light text on a light colored banner. The City Council may select banners for the Village Faire event be of one color, or a combination of banner color may be selected. Although banner colors may be varied, the wording must remain consistent to avoid multiple set up charges by the banner manufacturer. Banner Location: Each light pole is designed to hold two banners. In the center median of Calle Estado there are five light poles. On both sides of the sidewalk on Calle Estado, there are four light poles. On Calle Estado, there are a total of 13 light poles with a possible 26 banner locations as provided in Attachment 6. Staff is seeking direction as to the City Council's desire to locate Village Faire banners on Calle Estado. Kiner/Goodsell has provided the following recommendation: Using three light poles in the median, and two light poles on each side of the sidewalk. The recommendation would be to place two Village Faire banners on one pole, alternating poles. On Attachment 6, the banner locations have been numbered. Using Attachment 6 to demonstrate the recommendation by Kiner/Goodsell, poles 1,3, 5, 7, 9, 11 and 13 would have Village Faire banners. Should the City Council wish to explore other banner locations, possible options available for Village Faire banners include: Banners at all 26 locations on Calle Estado Banners at the 10 median locations *Banners at the 5 median locations (one Village Faire banner per pole) Banners at the 16 sidewalk locations Banners at the 10 median locations and 8 outside sidewalk locations Banners at the 10 median locations and 8 inside sidewalk locations *Banners at the 8 outside sidewalk locations *Banners at the 8 inside sidewalk locations *As mentioned previously, a comprehensive banner program will be developed in the near future. The Village Faire banners may be displayed one week each month for the 081 S:\Community Services\CCReports\CC.158.Village Banner Program.wpd r C! 0 six months of the Village Faire events. The additional banners developed as part of the comprehensive program could be displayed in the Village for a much longer time than the Village Faire banners. To finalize the banner program details, staff is seeking direction as to the following details: ■ Village Faire logo ■ Banner wording and font ■ Banner and text colors ■ Banner locations FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a Village Faire logo and banner selection to be displayed in the Village of La Quinta to advertise the Village Faire events; or 2. Do not select a Village Faire logo and banner selection to be displayed in the Village of La Quinta to advertise the Village Faire events; or 3. Provide staff with alternative direction. Respectfully s*mitted, tA�M' Dodie Horvitz, munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Village Light Poles Standard 2. Mainstreet Marketplace Logo 3. Possible Wording and Font Samples 4. Color Sample of the Village Light Poles 5. Color Samples of Banner Material 6. Map of Banner Locations on Calle Estado S:\Community Services\CCReports\CC.158.Village Banner Program.wpd GFI Rec 12' - 0' GFI Receptacle —L/D (2 ® 180 ') 9.50" ATTACHMENT 1 083 C,00 El c ATTACHMENT 2 084 C, 0 l i, ATTACHMENT 3A , 'd 085 G08 rwrhrla";2w>o- Wll^P" v Fai4/-e/ rh,,kF,-,d-zy, E--Ile 6.-Oo - j 0.,00 P. PM 71 r;,,;o, Fld-V F—ww 4k 4 16 4 086 C 0 9 ATTACHMENT 3B Faire of La Quinta This Friday Evening 6:00 - 10:00 p.m. illage Faire �{ In the rllage -"A Quin" 1 � Thb RWRY C�i� 640• u illage Faire In nccrllagc of La Quinca �h Thw Fridsr tv9000% 6-.W - I OAA p-m. 088 C-11 ATTACHMENT 3C Faire LA GE IN LA Q UINTA N This Friday Evening 6: 00 -10: 00 p.m. 089 C' 12 page Faire THE VILLAGE IN LA QUINTA -■ 6..0 - Iom /.m. �M-Illlllllm page Faire THE VILUGE IN L1 QUIMA "*mftEN* 6.0. I*w p.w• 090 C' 13 ATTACHMENT 3D 6:•00 - I0.•OOA.m. 0(91f1 Qa 092 C., i 5 ATTACHMENT 3E Haire ige of La Quinta This Friday Evening 6:00 - 10:00 p.m. 093 c!16 E 094 C:1 7 ATTACHMENT 4 095 ATTACHMENT 5 #1 Medium Blue #2 Purple #3 Teal #5 Forest Green #7 Charcoal #4 Navy #6 OR Rlar.k ATTACHMENT 6 C•--Rl J z V P N w �z N w CD 4 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 2, 2001 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Donation to the World PUBLIC HEARING: Trade Center Relief Effort RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Funds may be allocated from the City's Community Services Grant Contingency Account (Account 101-251-663-000, balance $40,130) or General Fund Emergency Reserves. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council requested that staff inquire as to Mayor Giuliani's recommendation regarding possible donation to rescue efforts or assistance associated with the World Trade Center tragedy. Repeated calls to City Offices in New York City were met by busy signals or phone disconnects. Mayor Giuliani's web site, however, identifies New York City Public/Private Initiatives, Inc. as a non- profit agency accepting contributions to aid the families of Police, Fire, Emergency Medical Systems and other City employees (Attachment 1). In addition, the American Liberty Partnership web site identifies a number of additional relief organizations and special funds (Attachment 2). Included among these are The September 111h Fund, established by the United Way and The New York Community Trust "to help respond to the immediate and longer -term needs of the victims, their families, and the communities affected by the events..." (Attachment 3); the New York State World Trade Center Relief Fund, referenced by New York Governor Pataki (Attachment 4); and the Twin Towers Fund, established by Mayor Giuliani (Attachment 5). One additional fund, Always Remember 9-1111 has been established by the League of California Cities in cooperation with the National League of Cities (Attachment 6). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize a specified contribution toward the relief effort via one or more of the established funds from the Community Services Grant Contingency Account or General Fund Emergency Reserves; or 2. Do not authorize a contribution toward the relief effort at this time; or 3. Provide staff with alternative direction. Respectfully submitted, %\ I Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Excerpt from Mayor Giuliani's web site 2. Excerpt from American Liberty Partnership web site 3. Description of The September 1 1th Fund 4. Description of the New York State World Trade Center Relief Fund 5. Description of the Twin Towers Fund 6. Description of the Always Remember 9-1 1 Disaster Relief Fund 099 002 Emergency Information ATTACHMENT 1 W'1�1,1; REMARKS BY MAYOR .. ... .... . ... •90V GIULIANI alwoys open HOME Remarks by Rudolph Giuliani Following the Attack at the World Trade Center Find_a loved One September 12, 2001 Get Help (Shelters & Grief Counseling) At a morning press conference on September 12, 2001, Mayor Offer HeIr) Giuliani updated New Yorkers. He said that first we are focusing our effort on recovering as many people as we can from the Transportation World Trade Center debris to save lives. Second, we are Information - begining the removal of debris from that area of the City, a task that will go on for at least two or three weeks. Other issues that Schools Information are of importance to the City include: making sure that food Business Services comes into the City, that people are able to go about their lives Information and are taken care of at the hospitals, and trying to bring the City back to normal as soon as possible. Messaae from the Moor He said that we are in the process of doing everything we can to try to locate people under the debris and that will be the major Miscellaneous focus of our attention. He also appealed to people that may have Information private videos of the occurrence to please contact the Police NYC Fire Department and the FBI, because it can be of enormous help in Department the investigation of the case. Emergency Information The Mayor said that we are going to try to open schools tomorrow and he is hopeful that we will be able to do it in the entire City. Donation and We will be working on a plan to open the maximum number of Volunteer schools on the east side of Manhattan, particularly the lower east Information side of Manhattan. N_YC_Em�lvee Con Edison is workingas intensely as the possibly can tot to Payroll Information y y p y try get power restored, but it will take some time. We're bringing generators in and the governor has made a group of generators available to us. They will be used in that area of the east side that needs generator power and will need it for quite some time. We were able to move 120 dump trucks out of the City last night. Part of the debris has already been removed and more of it is being removed and it will be done by barge all throughout the day today. Again, we ask all New Yorkers to cooperate and to try to help each other. There are going to be a lot of people today who need help and need assistance, either because of the fact that they know people that were lost in the terrible tragedy or because they 100 004 http://www.nyc.gov/message.html 09/21/2001 Emergency Information Page 2 of 2 are trigntenea of what may happen. it you could comtort them, help them and assist them, that might be a way in which all New Yorkers could lend a hand. We are getting federal aid, plus cooperation from the state and the federal government. I think for the people in New York, the best way to deal with this tragedy right now, is not only to deal with all their own grief, which we all feel and have, but to show that we're not going to be in any way affected by this, that we're not going to be cowed by this; that we're not afraid. We are going to go about our business and lead normal lives and not let these cowards affect us in any way. Press Conference Mayor Giuliani & Governor Pataki September 11, 2001 At a late afternoon press conference on September 11, 2001, Mayor Giuliani encouraged all New Yorkers to continue to work together to help all those affected by today's catastrophic events. The Mayor warned that feelings of anger and hatred are responsible for today's actions and urged that all rise above it, as one people, to recover from this tragedy. The Mayor further asked that all New Yorkers who do not need to report to work on Wednesday, September 12 to treat the day as if it was a snow emergency and stay home. Mayor Giuliani was joined by Governor George Pataki at the press conference, and announced that National Guard troops throughout the tri-state area have been mobilized. The Mayor will not speculate on the number of casualties, but stressed that all efforts should be focused on caring for the injured. "This is a tragedy that we thought would never happen," Giuliani said of the attack, which was accompanied by a similar attack on the Pentagon in Washington D.C. "This is an attack on America and our way of life," added Pataki. http://www.nyc.gov/message.html 09/21 /2001 Emergency Information W11 raTO OFFER HELP .90V olwoys open HOME Find a Loved One Get_ Help (Shelters_& Grief Counseling) You can offer help in several ways in this crisis. Whether you are in or near NYC, you can be of service. DONATE BLOOD Page I of I MEDICAL PERSONNEL OFFERING HELP: Doctors, please contact: (518) 431-7600, 1-800-628-0193. EMTsr, Paramedics, Nurses or Nurse's Aides, please contact: (518) 431-7600, 1-800-628-C Toll Free Line: 1-800-628-0193 Offer Help OTHER WAYS TO HELP: Transportation If you would like to offer any resources such as, equipment, vehicles, and/or supplies, plea Information contact the NYC Office of Emergency Management (OEM) at (212) 477-3574 or (212) 477- Schools If you have emergency supplies to donate, please e-mail us with SUPPLIES INFORMAT Information ONLY! Business The City of New York is accepting contributions to aid the families of Pc Services Information Fire, EMS and other City employees involved in rescue efforts. Message from Please make your check or money order payable to: the Mayor NYCPPI Miscellaneous The City of New York Information 100 Church Street, 20th Floor NYC Fire New York, New York 10007 Department Emergency Please include your name and address with your tax deductible contribution Information NYCPPI (New York City Public/Private Initiatives, Inc.). NYCPPI is a nonprofi (c)(3) organization. Donation and Volunteer Information NYC Employee Poll Information 102 006 http://www.nyc.gov/help.htmi 09/21 /2001 Make a Donation ATTACHMENT 2 wwv,j,,.fibenyunftes.org charitable organizations will be staggering. Below is a list of relief organizations and special funds developed by the American Liberty Partnership in coordination with federal, state and local officials. Each of these organizations brings unique expertise and resources to the relief and recovery efforts. To learn more about any organization's efforts, please click on the name of the charity. American Red Cross September 1_lth Fund New York State World Trade Center Relief Fund Twin Towers Fund New York Fire Fighters 9-11 Disaster Relief Fund WTC Police Disaster Relief Fund Survivors' Fund of the National Capital Region Catholic Charities USA Salvation Army America's Second Harvest United Jewish Communities The Burn Center Fund_ at _Washington Hospital Center Uniformed_Firefi hters Association of New York http://www.libertyunites.org/donate.adp 103 007 09/20/2001 Make a Donation Page 2 of 2 New York Police and Fire Widows and Childrens Benefit Fund Port Authority Police World Trade Disaster Survivors' Fund UJA-Federation of New York The Jewish Federation of Greater Washinaton The Jewish Federation of Greater Philadelphia nion of American Hebrew Congregations Evangelical Lutheran Church in America Catholic Charities of the Archdiocese of New York Save the Children The New York Times 9/11 Neediest Fund Daily News Charities Inc. Newsday_ Disaster Relief Fund The ASPCA Animal Disaster Relief Fund New York Central Labor Council Kiwanis International Foundation 911 Victim's Children's Fund Adventist Development and Relief Agency http://www.libertyunites.org/donate.adp 09/20/2001 American Liberty Partnership - The September 1 lth Fund ATTACHMENT 3 The September 11th Fund Donate United Way and The New York Community Trust have created The September 1 lth Fund. Your p .. contribution will be used to help respond to the immediate and longer -term needs of the victims, their families, and communities affected by the events of September 11. Launched with a $1 million donation from Williams Gas Pipeline, the Fund has received support from dozens of Fortune 500 companies and thousands of individuals. For more information about The September 1 lth Fund, visit their official Web site at htt ://s ptember11 fimd.o4repledge/sept11.cfm [ Back to_ American Liberty Partnership Home ] 105 009 http://www.libertyunites.org/septl Ladp 09/21/2001 New York State ATTACHMENT 4 Governor POW mao-NY a 1 � Citizen G41de Burch � NEW YORK STATE WORLD TRADE CENTER RELIEF FUND GOVERNOR GEORGE E. PATAKI Governor George E. Those wishing to donate have the following options: Pataki urges all New Yorkers and concerned Option 1: Donate online through Helping.org Americans who wish to support the World Trade ick here to Center emergencyDONATE response and victim $t` support effort to make a contribution to the newly established New York State World Trade Option 2: Call (800) 801-8092 Center Relief Fund. All internatational donors can call 518-408-4992 to contribute. The fund will be Option 3: Send a check or money order to: coordinated with the September 1 lth Fund, New York State World Trade Center Relief Fund established by the P.O. Box 5028 United Way of New Albany, New York 12205 York City and the New York Community Trust, Option 4: If you would like to make a donation in person, and the Twin Towers please visit these banks: Fund established by the City of New York. . JPMorganChase . Citibank e HSBC Bank USA North Fork Bank ` M&T Bank 106 N . Dime Savings Bank 010 http://www.helping.org/wtc/ny/nystate.htm 09/20/2001 New York State Page 2 of 2 . GreenPoint Bank NOTE: Individuals with accounts at any of these banks can go to any of their bank's branches within New York State, New Jersey or Connecticut and make a donation to the Fund directly from their checking or savings account, credit card or with cash. ©2001 The Record (Bergen County, N.J.). Photo Credit: Thomas E. Franklin, Staff Photographer. Photo taken September 1 lth, 2001 at the World Trade Center and published in The Record on September 12th, 2001 THE NEW YO_RK STATE HOME PAGE NEW YORK STATE GOVERNOR GEORGE E. _PATAKI' S HOME PAGE http://www.helping.org/wtc/ny/nystate.htm 09/20/2001 Twin Towers Fund ATTACHMENT 5 TWIN TOWERS FUND -gov Olways open Home The City of New York and the State of New York are gratified by and deeply appreciative of the outpouring of Missing Persons/Family support from the individuals and corporations from across Assistance the country and around the world. • Hospital Patient Locator Stem • DNA Collection from Relatives- _Program • Missing -Person Hotlines • NYC Family Assistance Center • Locate a Shelters / Get Counseling • Visitor Assistance Information Mayor's Messages Transportation Information • Area Ma for Transportation -and Public Access • Area Map for Subway Service • Other -Transportation Information Business and Employment Resources • Business Services Emergency Information • Building Re -occupancy and Safety Form (Ddf format) • Commercial Waste Information • D Rartment of Sanitation Adviso • Small Business Administration Disaster Assistance (SBA) Mayor Rudolph W. Giuliani has established the Twin Towers Fund to ensure that the generous outpouring of support for the families of our uniform services heroes affected by -the disaster are coordinated, responsive, responsible and accountable. The purpose of the Twin Towers t- Fund is to assist, support, and recognize the families of the members of the uniformed services of the New York City Fire Department and its Emergency Medical Service Command, the New York City Police Department, the Port Authority of New York and New Jersey, the New York State Office of Court Administration and other government personnel who lost their rs ` lives or were injured because of the 02001 The Record (Bergen tragedies of September 11, 2001 at County, N.J.). Photo credit: the World Trade Center in New York Thomas E. Franklin, Staff Photographer. Photo taken City. If resources permit, the families September 11th, 2001 at the of other persons who lost their lives World Trade Center and published in The Record on September or were injured during those 12th, 2001 tragedies may also be included as beneficiaries. Please make your check or money order payable to: Twin Towers Fund General Post Office P.O. Box 26999 New York, NY 10087-6999 Please include your name, address, employer and other contact information with your tax-deductible contribution. 108 01? http://www.nyc.gov/html/em/twintowersftmd.html 09/21/2001 Twin Towers Fund Page 2 of 2 Offering Help/Donations • Twin Towers Fund • General Aid/Donation Information • WTC School Children Relief Fund School Openings / Relocations / Schedules Fire Department Emergency Information Other Information New York City Employees - -- - - -- - - - - --, -- - - - - - - -- -- - - - - --, - - - Chase Manhattan Bank — ABA Number 021 0000 21 For credit to the Twin Towers Fund: Account Number 134 694 481 Corporations and foundations should contact Tamra Lhota, President of New York City Public/Private Initiatives, Inc. at tlhota@cityhall.nyc.gov. The Twin Towers Fund is operating under the not -for -profit umbrella of New York City Public/Private Initiatives, Inc. Federal Tax ID Number: 13-3783906 Phone Number for Donations (Toll Free): 877-870-4278 http://twintowersfund.vista.com/ 109 01.E hftp://v;ww.nyc.gov/html/em/twintowersfimd.html 09/21 /2 001 ATTACHMENT 6 League of California Cities 1400 K Strut, Suite 400 • Sacramento, California 95814 Phone: (916) 658-8200 ,6 Fax: (916) 658-8240 + www.cacities.org DATE: September 21 2001 TO: City Manage s and City Clerks in Non -Manager Cities FROM: Chris McKenzie, Executive Director RE: Always Remember 9-11 Disaster Relief Fund Like millions of ethers around the world, California municipal employees are sharing common feelings of outrage, frustration, sadness and concern as a result of the devastating terrorist attacks on America on September 11. The effect of these events on our fellow public employees is still unknown. Many of us are also wondering how we can best support those directly affected. Always Remember 9-11 is a disaster relief program conceived by a League of California Cities staff member and embraced by the National League of Cities and other state municipal leagues. The purpose of this program is to provide short -and long-term assistance to the families of public employees who were killed or injured in the September 11 terrorist attacks and to public organizations affected by the attacks. Funds will be used to meet short- and long-term health, financial and educational needs of public employees and families directly affected by the terrorist attacks. Funds may also be used to provide supplies, equipment, and other support to municipal organizations directly affected by the attacks and recovery efforts. You are asked to participate by requesting contributions from your city employees and by establishing a method for collection on the city level. You may choose to operate the program in one of two ways. The recommended method is to designate a City Fund Coordinator to collect funds from employees in your city. The City Fund Coordinator will then forward all the collected contributions to the League of California Cities on a weekly basis. This method allows you to keep track of city participation so that you can inform the public of the success of your efforts, The second method is to provide employees with the information necessary to send their contributions directly to the League of California Cities. The collection period for this program begins now and will run through November 11. Contributions will be accepted for a limited time after the November 11 date. Contributions of city funds will also be accepted, but we urge you to contact your City Attorney prier to doing so, Private citizens and municipal organizations are also encouraged to participate. All contributions are tax-deductible because they will be 11 014 �o 09-21-01 12:21 RECEIVED FROM: P.01 made through the National League of Cities Institute. The returned check or money order duplicate is the only receipt the donor will have for tax reporting purposes. Attached to this memo are the following tools to not only provide you with additional information about the program, but to assist you with requesting participation from your city employees as part of this effort: • Sample Message to Employees • Program Flyer • Sample Local News Release • Fund Fact Sheet We ask that you tell us about any activities your city is doing to offer assistance, support or services to the relief efforts. provide us with photos, articles, letters of support, council resolutions and other documentation of your efforts so we may share your ideas with other cities and the National League of Cities. Please respond with your information directly to our Communications Department staff by mailing materials (originals if possible) to League of California Cities, Attn: Raechelle Cline, 1400 K Street, Suite 400, Sacramento, CA 95814. We hope you will make every effort to encourage participation by your staff and inform us of your efforts. Together we will all get through this enormous tragedy. Thank you and best wishes to you all. If you have questions about the program or need assistance, please contact Raechelle Cline in our communications department at 916/668-8263 or cliner@cacities.org. Thank you for your support. 09-21-01 12:22 RECEIVED FROM: P.02 i The League of California Cities, in cooperation with the National League of Cities and state municipal leagues across the country, has established a special fund to sup- port public employees affected by the September 11 terror- ist attacks. The .Always Remember 9-11 Fund will be used to provide assistance to the f milies of public employees who were killed or injured in the attacks and to public org ni- wations affected by the attacks. Funds will be used to meet short and long-term health, financial, and educational needs of public employees and families directly affected by the terrorist attacks. Funds may also be used to provide supplies, equipment, and other support to public organiza- tions directly affected by the attacks and the recovery efforts. The Always Remember 9-11 Fund provides one way for city employees to support colleagues and families directly affected by the September 11 attacks. Individual contributions of any amount are welcome. Cont?ibulions can be delivered to your designated City Fund Coordinator or may be sent directly to: Always Remember 9-11 Fund c/o League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 Please make checks or money orders payable to the Always Remember 9-11 Fund Please indicate the Laity for which you work in the Memo area. All contributions are tax�deductible. 6MV a;44, 4,t f� // 01 '12 :6 99-21-01 12:22 RECEIVED FROM: P-03 Sample Message to Employ From: Mayor/City Manager, City of Date Like millions of others around the world, California municipal employees are sharing common feelings of outrage, frustration, sadness and concern as a result of the devastating terrorist attacks on America on September 11. The effect of these events on our fellow public employees is still unknown. Many of you may also be wondering how you can best support those directly affected. The City of , in cooperation with the League of California Cities and the National League of Cities, is participating in a program called Always Remember 9-11. The purpose of this program is to provide short -and long-term assistance to the families of public employees who were killed or injured in the September 11 terrorist attacks and to public organizations affected by the attacks. Funds will be used to meet short- and long-term health, financial and educational needs of public employees and families directly affected by the terrorist attacks. Funds may also be used to provide supplies, equipment, and other support to municipal organizations directly affected by the attacks and recovery efforts. You are invited to make a contribution to the Always Remember 9-11 Fund as a demonstration of your support to your fellow public employees. You can do so in one of two ways, You can deliver your donation to your designated City Fund Coordinator who will then send it to the League of California Cities. Or you may mail your check or money order made payable to Always Remember 9-11 Fund to: Always Remember 9-11 Fond c/o League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 All contributions are tax-deductible because they will be made through the National League of Cities Institute. Your returned check or money order duplicate is your receipt. Please indicate the name of our city in the Memo area. Your contribution will be added to those of other California municipal employees and forwarded to the National League of Cities as a collective representation of financial support from our state. In time the memories of the sights and sounds of these tragedies will fade, but the legacy of the victims will live on. We encourage you to participate to whatever extent you are able. Thank you and best wishes to you all. 13 17 99-21-01 12:22 RECEIVED FROM: P-04 Sample City Nevus release FOR IMMEDIATE RELEASE contact: Full Name Date Telephone Number [City] Employees Join in Effort to Support Victims of East Coast Tragedies by Contributing to Always Remember 9-11 Fund The City of has joined with the League of California Cities and the National League of Cities to establish a special relief fluid to support public employees and agencies affected by the September I I terrorist attacks. The Always Remember 9-11 Fund will give municipal employees a vehicle to support colleagues affected by the recent attacks. Private citizens are encouraged to contribute as well. "While there are many ftmds already established to help victims of this national tragedy, the Always Remember 9-11 Fund gives city employees a chance to contribute money that will be earmarked specifically for public employees," said Mayor _ "It offers a way for the municipal fancily to support each other." The City of will be accepting tax-deductible contributions of any amount from municipal employees, municipal organizations and private citizens over the next six weeks. NLC and the state leagues will designate a national relief organization to distribute the funds to meet the short- and long-term health, financial, and educational needs of public employees and families directly affected by the terrorist attacks. Funds may also be used to provide supplies, equipment, and Other support to public organizations directly affected by the attacks and the recovery efforts. -1V ou- 4 R 09-21-01 12:23 RECEIVED FROM: P-05 Always Remember 9-11 Fund/Page 2 'In this time of crisis is an opportunity for the cities in California to. demonstrate their strength by unifying in purpose and hope," League of Califomia Cities President David Fleming, Mayor of Vacaville, said. "This is our way of expressing our gratitude for the bravery and self- sacrifice displayed by rescue personnel and honoring the lives of those public employees who perished." Mayor invites all municipal employees in [City] to join in this nationwide effort by making a contribution to this fund. Checks or money orders should be made payable to the Always Remember 9-11 Fund and sent to the Always Remember 9-11 Fund, c/o, League of California Cities, 1400 K Street, Suite 400, Sacramento, CA 95814. ### 99-21-01 12:23 RECEIVED FROM: P•06 ALWAYS REMEMBER 9-11 FUND FACT SHEEP Established by: National League of Cities, based on a proposal conceived by the League of California Cities Participants: Individual cities in each state and state municipal leagues are asked to participate. Private citizens and municipal organizations are also encouraged to contribute. Purpose: To provide short -and long-term assistance to the families of public employees who were killed or injured in the September 11 terrorist attacks and to public organizations affected by the attacks. Funds will be used to meet short- and long-term health, financial and educational needs of public employees and families directly affected by the terrorist attacks, Funds may also be used to provide supplies, equipment, and other support to municipal organizations directly affected by the attacks and recovery efforts. Contribution Address: Always Remember 9-11 Fund c/b League of Califomia Cities 1400 K Street, Suite 400 Sacramento, CA 95814 All contributions are tax-deductible because they will be made through the National League of Cities Institute. The returned check or money order duplicate is the only receipt the donor will have for tax reporting purposes. Checks or money orders should be made payable to "Always Remember 9-11 Fund." Contributors should indicate the city for which they work in the Memo area. Duration: September 24 to November 11, 2001 For more information, contact Raechelle Cline, League of California Cities, 916l658- 3263 or clinerQeacities.orc. 09-21-01 12:23 RECEIVED FROM: P-07 COUNCIL/RDA MEETING DATE: October 2, 2001 Consideration of an Ordinance Amending Chapter 11 .85 (Loitering) of the La Quinta Charter and Municipal Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: v CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Introduce an Ordinance amending Chapter 11.85 (Loitering) of the La Quinta Charter and Municipal Code: A. Move to take up Ordinance No. by title and number only and waive further reading. B. Move to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to address some of the problems associated with the congregation of day laborers in the Village, staff requested that the City Attorney review the current loitering regulations with respect to their constitutionality. The City Attorney's findings concluded that in most respects the current Ordinance was lawfully drafted, but recommended several revisions which have been incorporated into the proposed Ordinance. It should be noted that the City Attorney has also determined that the City is extemely limited in its lawful actions to regulate day labor solicitation and in fact the proposed Ordinance cannot address loitering per se, but only the obstruction of the Public Rights -of -Way. A redline version of Chapter 11.85 is included as Attachment 1. 117 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Introduce an Ordinance amending Chapter 1 1.85 (Loitering) of the La Quinta Charter and Municipal Code; or 2. Do not introduce an Ordinance amending Chapter 11 .85 (Loitering) of the La Quinta Charter and Municipal Code; or 3. Provide staff with alternative direction. Respectfully Submitted, Tom Hartung, Director of Building & Safety Approved for Submission By: Thomas P. Genovese, City Manager Attachments: 1. Redline version of Chapter 11.85 118 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 11.85 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. That Chapter 11.85 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: Chapter 11.85 PUBLIC RIGHTS -OF -WAY- OBSTRUCTING Sections: 11.85.10 Definition 11.85.20 Prohibited acts 11.85.30 Exceptions to provisions 11.85.40 Sign requirements 11.85.50 Nuisance 11.85.10 Definition. As used in this Chapter "loitering" means to delay, linger, or stand by idly in one location. 11.85.020 Prohibited acts. A. Rights -of -way. No person, after first being warned by a peace officer to vacate the premises, or where a sign has been posted in accordance with this chapter, shall loiter, sit, or lie in or upon any public street, sidewalk, curb, crosswalk or other public right-of-way so as to obstruct the free passage of pedestrian or vehicular traffic thereon. B. Buildings. No person, shall after first being warned by a peace officer to vacate the premises, or where a sign has been posted in accordance with this chapter, shall loiter, sit, or lie so as to obstruct or prevent access to any structure or building open to the public. 11.85 030 Exceptions to Provisions. The provisions of this chapter shall not apply when its application would abridge the exercise of a person's rights protected under the first and fourth amendments of the U.S. Constitution, including but not limited to the right of free speech, right of peaceable assembly, and right to object to an unreasonable search and seizure. 11.85.040 Sign requirements. 11941, If a sign is used to notify persons of the prohibition herein that loitering in ()UJ a particular location is prohibited, the sign shall not be less than one square foot in total area and shall read "WARNING, unreasonable obstruction of pedestrian or vehicular traffic in this area by persons loitering, sitting, or lying is prohibited and punishable as a MISDEMEANOR - La Quinta Municipal Code." in letters not less than two inches in height for "WARNING." Additional lettering shall not be less than 5/8 inches in height. 11.85.50 Nuisance. It shall be deemed a public nuisance for any person, after first being warned by a law enforcement officer, or where a sign has been posted in accordance with this chapter, to loiter, sit or lie in or upon any public street, sidewalk, curb, crosswalk, or other public -right-of-way so as to hinder or unreasonably obstruct the free passage of pedestrians or vehicular traffic thereon or to prevent the free access to the entrance to any building open to the public. SECTION II. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION III. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this day of I by the following vote: AYES: NOES: ABSENT: ABSTAIN: John J. Pena, Mayor City of La Quinta, California ATTEST: June S. Greek, City Clerk City of La Quinta, California APPROVED AS TO FORM 120 M. Katherine Jenson, City Attorney City of La Quinta, California '�� Chapter 11.85 Sections: 11.85.10 Definition. 11.85.20 Prohibited Acts. 11.85.30 Exceptions to provisions. 11.85.40 Sig.n requirements. 11.85.50ii* ...................... ATTACHMENT 1 11.85.10 Definition. As used in this chapter "loitering" means to delay, linger, or stand idly in one location. (Ord. 171 § 1(part), 1990) 11.85.020 Prohibited acts. A. Rights -of -way. No person, after first being warned by a peace officer to vacate the premises, or .................. where a sign has been posted in accordance with this chapter, shall loiter, 'M" 6 in or upon any public street, sidewalk, curb, crosswalk or other public right-of-way so as to obstruct the free passage of pedestrian or vehicular traffic thereon. B. Buildings. ...: i* a) :si r: � #: ..:. a :.: A :.:.:... :tav tc:tlur::.:.: :.:.. .... g....::.:.:.:.:.:.:..::::::....:::::.......... .:..:..::::::. .....1...:::..::::;:.;::.::::.:.::::.::::.::.:. P :.::::;:; b ::pa d: t: Vic.: . i. - ..: fir, shall loiter, t< 4 so as to obstruct or :::. :. :::..............:......... .:.. .:... r ......:.... prevent access to any structure or building open to the public. (Ord. 171 § 1 (part), 1990) 11.85 030 Exceptions to Provisions. The provisions of this chapter shall not apply when its application would abridge the exercise of a person's rights protected under the first and fourth amendments of the U. S. Constitution, including but not limited to the right of free speech, right of peaceable assembly, and right to object to an unreasonable search and seizure. (Ord. 171 § 1 (part), 1990) 11.85.040 Sign requirements. If a sign is used to notify persons of the prohibition herein that loitering in a particular location, the shall not be less than one square foot in total area and shall read "Lefter-ing For -bidden By Law La Q11 in letters not less than. two inches in height +i.,, Additional lettering shall not be less than one inch in height. (Ord. 171 § 1 (part), 1990) 121 BUSINESS SESSION ITEM: 't 4 Sep cw4j MEMORANDUM October 2, 2001 Consideration of the Turning Movement Allowances at the Intersection of Jefferson Street/Corsica Gate As deemed appropriate by the City Council The costs for this intersection could vary from zero dollars, if the existing configuration were kept in place, to a maximum of one hundred seventy five thousand dollars ($175,000), if a traffic signal were to be constructed at the intersection of Jefferson Street and Corsica Gate. This amount could increase depending upon the traffic control at Avenue 49/Jefferson Street. None. On April 29, 1997, the City Council approved a Memorandum of Understanding (MOU) between the Coachella Valley Association of Governments (CVAG) and the cities of La Quinta and Indio for the ultimate width construction of Jefferson Street from Highway 1 1 1 to Avenue 54. The MOU designates the City of La Quinta as lead agency for the design contract and construction of Jefferson Street. On September 16, 1997, the City Council awarded a contract to RBF Consulting to complete the final design, plans, specifications and engineer's estimate for the Jefferson Street Project. During the design phase of the contract, representatives of the City of Indio and City of La Quinta met with the design engineer to provide input during the design process. On June 29, 1999, the City Council awarded the Jefferson Street construction project to Granite Construction. Granite commenced construction operations in May 2000. 12 T:\PWDEPT\C0UNC1L\2001\01 1025.wpd In early April 2001, during the construction staking of the median on Jefferson Street fronting Corsica Gate, City of La Quinta staff became aware that the median being constructed provided a full turn movement at the Corsica Gate/Jefferson Street intersection, approximately 580 feet north of the full turn movement at Jefferson Street/Avenue 49. This design was not in compliance with the City of La Quinta's general plan circulation element that requires the spacing of the full turn intersections at every 2600 feet on Jefferson Street. In mid April 2001, Public Works staff contacted representatives of the City of Indio, to inform Indio of the discrepancy in the plan and the possible health, safety and welfare issues of the motoring public. At that time, City staff informed Indio's Public Works staff that for public safety, La Quinta was going to restrict the left turn movement out of Rincon Norte, at Corsica Gate. On April 24, 2001, City staff sent a letter to RBF requesting changes to the plans at the intersection of Jefferson Street and Corsica Gate so that the movement may be restricted to right turn in; right turn out; left turn in only. This placed the intersection into compliance with the City's general plan and provided a safety mitigation for motorists along Jefferson Street and residents of the Rincon Norte Development. The Rincon Norte Development presently has access to Avenue 49, which is a planned signalized intersection. The improvement plans for the Rancho La Quinta Development provide an access to Jefferson Street directly across from Avenue 49, making the intersection of Jefferson Street and Avenue 49 a four leg intersection located on a section line. On April 26, 2001, RBF revised the plans and the plan revision was transmitted to Granite Construction on April 27, 2001, to provide a cost estimate for a change order. During the month of May 2001, further discussions between the staffs of the City of Indio and the City of La Quinta were conducted regarding this intersection. During this process the City of Indio staff supported the City of La Quinta's decision (as lead agency) to make the changes to Jefferson Street, in order to ensure the safety of motorists utilizing Jefferson Street and the residents of the Rincon Norte Development. Granite Construction provided cost estimates to the City's construction manager, Vali Cooper and Associates, Inc. The cost estimates were excessive for the work that was requested. Since a cost could not be agreed upon, the construction manager directed Granite Construction to complete the improvements on a time and materials basis. This procedure is in accordance with the approved specifications and provides that the contractor will complete the work and submit material slips and actual time of construction (labor costs) in order to be paid. The City of Indio's staff informed staff of the City of La Quinta that public comments were made regarding the turning restriction at the Corsica Gate during the June 6, 2001 City of Indio council meeting. On June 14, 2001, the City of Indio directed Ron Kranzer and Associates (RKA) to complete and engineering study to determine the safety issues regarding a full turn access at Corsica Gate. 123 0 Li T:\PWDEPT\C0UNC1L\2001\01 1025. wpd The original design completed by RBF was not in compliance with City of La Quinta's general plan. This should have been discovered during the original design; however, it was not. According to the City of La Quinta's general plan, the spacing for full movement intersection access is 2600 feet. Signalized intersections are planned along Jefferson Street at Highway 1 1 1, Avenue 48, Avenue 49, Avenue 50, Round -about at Avenue 52, Avenue 53 and Avenue 54. The spacing of these full turn movements either meet or exceed the 2600 feet as established in the City of La Quinta's General Plan Circulation Element. In addition, the Citrus Development was conditioned to participate in the funding of a future traffic signal, if and when it was warranted, at the intersection of Jefferson Street/Pomelo Drive. A signal may be warranted at this intersection with the development of the parcel owned by KSL, located on east side of Jefferson Street, adjacent to the Citrus Development. Pomelo Drive is spaced approximately 3,800 linear feet from Avenue 52. The spacing from Avenue 50 to Pomelo is approximately 1,420 linear feet. Other discrepancies include the Corsica Gate full turn movement at approximately 580 linear feet north of Avenue 49; the entrance to the Las Palmas trailer park in Indio approximately 700 linear feet north of Avenue 48; and the entrance of the Indian Wells trailer park at approximately 1000 feet south of Highway 111. Both sides of Jefferson Street are within the City of Indio fronting the Indian Wells trailer park. The east side of Jefferson Street is within the City of Indio fronting the Las Palmas trailer park and the Rincon Norte Development. The west side of Jefferson Street is within the City of La Quinta fronting both of these developments. According to residents within the Rincon Norte Development, the City of Indio staff has informed them that Avenue 49 is designated as a rural road. In reviewing the City of Indio's general plan, there is no designation for a rural road; however, Riverside County's designation of a rural road consists of a six lane facility. Residents of the Rincon Norte Development have stated that Indio's interpretation of a rural road is a two lane facility without curb and gutter. That interpretation is contrary to the designation as specified in the City of Indio's General Plan Circulation Element. Included with this report as Attachment 1 is a copy of a road designation map from the City of Indio's General Plan Circulation Element, indicating that Avenue 49 is designated as a secondary. A secondary facility standard in Indio consists of a four lane road within two, eight foot shoulders, curb and gutter and sidewalks. Included as Attachment 2 is Table 3.2-1 "City of Indio: Existing General Plan Circulation Element," designating Avenue 49 as a proposed collector. This consists of a two lane facility, with two 10 foot shoulders, curb and gutter, and sidewalk. Included with this report as Attachment 3 is a copy of the Indio General Plan-2020 Goals and Policies. Please note that "Site Design" policy number 75.0 states, "it is desired that access to major roadways occur at 300 foot intervals. In addition, median breaks will only be provided on a one quarter mile interval." Also note, under the heading of "Circulation Implementation Measures," the following implementation measures are to be applied: 6.0 "minimize the number, properly space, and TAMDEMCOUNCIL\2001 \01 1025.wpd interconnect traffic signals in order to maximize progression and minimize the acceleration/deceleration that produces significantly higher vehicular emission and noise levels." Implementation measure No. 10.0 states, "require that future roads and improvements to existing roads be designed to minimize conflicting traffic movements such as turning, curb parking, and frequent stops." During the June 20, 2001 Indio City Council meeting, Indio staff presented the RKA report to the City Council. A copy of that report is included as Attachment 4. Under contract with the City of Indio, RKA completed a report entitled, "Traffic Engineering Study for Elimination of the Left Turn Movement Out of Corsica Gate at Jefferson Street." On page three of the report, RKA's representative stated, "Currently, left turn movements are permitted out of the Indian Wells RV Park and at Las Palmas De La Quinta. Though it is not the purpose of this study to review these two locations at this time, it needs to be noted that specific features or issues associated with these two locations are not the same as those for Corsica Gate. For example, the entrance to Las Palmas De La Quinta is set back an additional 150 feet from the intersection than is Corsica Gate. Also, the entrance to the (Indian Wells) RV Park is the only access to the Park but is substantially located (more than 1000 feet) away from Highway 1 1 1 intersection. These median openings will need to be reviewed in the near future." Traffic counts were taken on June 14, 2001, by RKA Engineers, to determine the morning and evening peak hour left turn movements. RKA's counts reflected that the total peak period, left turn counts, were 14 vehicles (13% of the total egress movement out of Corsica Gate). The larger percentage (87%) of the existing vehicles made a right turn movement. The RKA report further states, "the construction of traffic signal at Jefferson Street and 49th Avenue will ensure that the shift in traffic patterns is efficiently accommodated. If the left turn movement were to be eliminated, the residential development would continue to have a right in and right out at Corsica Gate, in addition to the left turn in movement from southbound Jefferson Street, along with full ingress and egress at Malaga Avenue. Additionally, a percentage of the traffic could also elect to make a right turn movement at Corsica Gate and travel north to the 40th Avenue traffic signal, less than a third of a mile away, and make a U-turn at the protected left turn pocket." Malaga Avenue is the Rincon Norte Development's access to Avenue 49. The conclusion of the RKA report states, "Based on the traffic safety concerns associated with the left turn movements out of Corsica Gate, the low volumes of traffic involved, and the availability of alternative egress routes, it is concluded that the elimination of the left turn lane out of Corsica Gate is a viable traffic correction measure because it will remove potentially unsafe traffic movements and conflicts." During the June 20, 2001 City of Indio Council Meeting, the City of Indio staff completed a presentation to the City Council regarding the closure of the left turn movement from Corsica Gate onto southbound Jefferson Street. A copy of the 125 minutes of that meeting is included as Attachment 5. The approved meeting minutes O J T:\PW DEPT\COUNCIL\2001 \011025. wpd indicated that the City Manager stated the following, "the City of Indio staff has supported La Quinta's decision, agreeing that traffic safety considerations should overrule arguments for access convenience." Mr. Terry Hagen, the Director of Public Works, commented that there will be a traffic signal at Jefferson Street and Avenue 49. During the council meeting, in response to the request for status by Mayor Fesmire, Indio's City Manager replied that the City of La Quinta had been put on notice to not go forward. The City of La Quinta was not put on any official notice. City staff for the City of Indio requested that the City of La Quinta delay Granite Construction's project until the City of Indio resolved the issue. Due to the timing of the project, and the possible delay charges that may be filed by Granite Construction, La Quinta's city staff could not commit to delaying Granite on this project. The Indio City Council unanimously voted to recommend to the City of La Quinta that a traffic signal be installed at the Corsica Gate, thus allowing a left hand turn onto Jefferson Street. This is information as provided in the approved City Council minutes for the City of Indio, dated June 20, 2001. In order to better understand the issues involved, the City obtained the audio tape of the City of Indio council meeting. La Quinta City staff completed verbatim minutes of that council meeting from the tape. These verbatim minutes are included as Attachment 6. According to the verbatim minutes, the City Manager for Indio said the following, " the design for the elimination for this left turn movement was by La Quinta in its capacity as lead agency on this project. But I want to make it clear that the City of Indio staff concurs with this, we believe that there is a traffic hazard associated with allowing these movements and, corollary liability." The Public Works Director then began a presentation to the City Council and stated the following in regard to the intersections at Las Palmas and Indian Wells RV Park: "between Avenue 49 and Highway 1 1 1, we do have key intersections here, here, and here, in three places. Currently, these two intersections are allowed left turn lanes out, going out of, onto Jefferson going south. We will be looking at these intersections as well, doing further study and we may be eliminating left turn out of those and changing those in the future." Mr. Hagen further informed the City Council that there is a proposed traffic signal at Jefferson Street and Avenue 49 and that CVAG would provide a contribution for funding as part of the Jefferson Street widening project if the Corsica Gate left turn is eliminated. According to the verbatim minutes it appears that the City Council moved to have a traffic signal at Corsica Gate and a stop sign at Avenue 49. In researching this issue further, City staff obtained the conditions for the Rincon Norte Development; it appears that the Rincon Norte Development was not conditioned for a traffic signal at the Corsica Gate as part of the development. On June 25, 2001, the City received a letter from the City Manager of the City of Indio requesting that the proposed traffic signal at Avenue 49 be relocated to Corsica 12 Gate. A copy of that letter is included as Attachment 7. The letter also states that o.�5 TAPWDEPT\C0UNCIL\2001 \011025.wpd CVAG has concurred with this change and it will be incorporated into the current Jefferson Street project. Since a traffic signal at Corsica Gate would not be in compliance with the City's General Plan Circulation Element, and would conflict with the future traffic signal at Avenue 49, La Quinta City staff did not concur with this request. On July 16, 2001, a letter was sent from the City of La Quinta to the City Manager of Indio denying the request and stating the reasons. A copy of that letter is included as Attachment 8. On July 24, 2001, the median island changes commenced on Jefferson Street fronting the Corsica Gate. The City's surveying consultant restaked the median fronting the Corsica Gate in accordance with the revised design completed by RBF on August 2, 2001. Granite Construction replaced the revised curb per RBF's redesign on August 3, 2001. Discussion continued regarding the issue of the redesign between the city staff's for La Quinta and Indio. The design engineer, Bob Ross of RBF, was contacted regarding the decision process of designing a full movement at Corsica Gate. Mr. Ross stated in a letter dated August 7, 2001, he completed his design based on the existing condition and access prior to the ultimate improvements of Jefferson Street. Mr. Ross also stated that his final design provided a full turn movement at the Corsica Gate and he informed the developer of the Rincon Development of that design. Included as Attachment 9 is a letter dated August 7, 2001 from Bob Ross of RBF to the Public Works Director of the City of Indio indicating this information. In order to enhance the safety of the intersection of Jefferson Street and Avenue 49, La Quinta city staff contacted Indio city staff to discuss accelerating the design and installation of a traffic signal at the intersection of Jefferson Street and Avenue 49. The City of La Quinta is presently completing a warrant analysis at Jefferson Street and Avenue 49 to support this installation. The Indio city staff indicated that the City of Indio would only consider participating in funding and pursuing a signal at Avenue 49 if the traffic signal at Corsica Gate was included. Included as Attachment 10 is a letter dated August 8, 2001 from the City of Indio, indicating Indio's position. In order to obtain a clarification of CVAG's position, City staff contacted the Deputy Executive Director of CVAG. Included as Attachment 11 is a letter dated August 9, 2001, from CVAG regarding this issue. According to the Deputy Executive Director, CVAG serves as a funding source for this project and does not make engineering decisions. CVAG did not support any particular location and was careful to state that they would participate in the funding, if the traffic signal had been established through a warrant study. On September 7, 2001, a meeting was conducted between the City Manager of La Quinta and the City Manager of Indio. During this meeting the City Manager of Indio stated that Indio 's constituency wished to have a full turn access at the Corsica Gate. The Indio City Manager further requested a traffic signal at the Corsica Gate entrance and at Avenue 49. 121 TAMDEMCOUNCIL\2001 \01 1025.wpd The City of La Quinta staff is having difficulty understanding the exact position of the City of Indio. According to the approved meeting minutes, the City of Indio wishes to have a signal installed at Corsica Gate as opposed to Avenue 49. According to the verbatim minutes of the Council Meeting tape, the City of Indio wishes to have a traffic signal at Corsica Gate and a stop sign at Avenue 49. According to a statement from the Indio Public Works Director, Indio would only be willing to support a traffic signal at Avenue 49, if there were a traffic signal at Corsica Gate. According to the September 7, 2001 request of the Indio City Manager, the City of Indio wishes to have traffic signals at Jefferson Street, at Corsica Gate, and at Avenue 49, with the traffic signals interconnected. In an attempt to further clarify this issue and receive a recommendation from the original design engineer, a meeting was conducted on September. 13, 2001, with the following in attendance: the City Manager and Public Works Director from the City of Indio, the City Manager and Senior Engineer from the City of La Quinta and Mr. Bob Ross, design engineer from RBF. During that meeting, Mr. Ross stated that his design was based on the existing condition, prior to the ultimate widening of Jefferson Street. Mr. Ross stated he felt that leaving Corsica Gate as a full turn intersection, at this time, was safe because of the limited amount of traffic on Jefferson Street; however, the left turn movement would need to be closed in the future. During the meeting, the Indio City Manager suggested the installation of an "on - demand" traffic signal at Corsica Gate. It was explained that a on -demand traffic signal at Corsica Gate may not function properly with the future traffic signal interconnect system on Jefferson Street in regard to the proposed traffic signal at Jefferson Street/Avenue 49. The future coordinated signal system on Jefferson Street would not allow the "on -demand" traffic signal to switch from the red phase to the green phase for Corsica Gate traffic until the coordinated system finds a time slot in the timing schedule to allow the phasing switch to take place. Motorist may tire of waiting for the long signal phase at Corsica Gate and begin utilizing the traffic signal at Avenue 49. When asked about two traffic signals, one at Avenue 49 and one at Corsica Gate, Mr. Ross stated that would not be his preference. Included as Attachment 12 is a letter dated September 27, 2001 from Bob Ross stating the following "it is my opinion that installing two traffic signals is not the best solution for the Jefferson Street corridor." According to the design engineer, with the limited traffic volumes on Jefferson Street at this time, it may be safe to allow the full turn access at Corsica Gate. However in the future, with increased traffic flow, mitigation measures must be incorporated which may include the closing of the left turn movement from Corsica Gate. The RKA report indicates that the left turn access from Corsica Gate should be closed to "remove potentially unsafe traffic movements and conflicts"; however, the report does not indicate whether the safety concern is immediate or in the future with increased traffic. In order to determine whether the RKA report is consistent with the design engineers opinion, a clarification is required from the City of Indio to verify RKA's time 128 frame considered in deriving their conclusion. TAMDEMCOUNCIL\2001 \01 1025.wpd The request from Indio City staff, the verbatim city council minutes and the approved city council minutes are not consistent. Based on the statements of the design engineer (RBF), an alternative for the Council to consider would be to allow the full turn movement from the Corsica Gate at this time. When the intersection of Jefferson Street/Corsica Gate warrants a signal in the future, instead of installing a signal, the left turn access should then be removed and the intersection should be limited to a right turn in; right turn out; left turn in only. This would keep the ultimate design of the Jefferson Street corridor in compliance with the City of La Quinta's General Plan. The ultimate design would also provide safety to the motorists utilizing Jefferson Street and the residents within the Rincon Norte Development. The challenges of this alternative would be the issue of taking the left turn movement away from the Rincon Norte Development in the future and the liability issues of allowing the left turn movement to remain until the future closure is implemented. The City Council may wish to consider the development of an agreement with the City of Indio to address a future closure (when and if a traffic signal is warranted). This agreement may also clarify the liability issues of allowing the full turn movement and the responsibility of disclosing the future closure to the Rincon Norte Development residents. The issue of the restricted left turn movement will be addressed in the future when and if a traffic signal is warranted. Included as Attachment 13 is a copy of a memorandum dated August 7, 2001 outlining the approximate chronology of events that affected the change to the median island configuration. The alternatives available to -the City Council are as follows: 1. Accelerate a traffic signal at Avenue 49, reinstall the full turn movement at Jefferson Street/Corsica Gate without traffic control devices, and enter into an agreement with the City of Indio to address the following: close the left turn movement out of Corsica Gate onto southbound Jefferson Street in the future when the traffic signal is warranted, provide for disclosure to residents of the Rincon Norte Development of the future closure, and address the liability issues until the closure is put into place; or 2. Keep the Jefferson Street construction in its current configuration which limits the Corsica Gate access to a right turn in; right turn out; left turn in only, and complete the warrant study to accelerate the installation of a traffic signal at Avenue 49 and Jefferson Street; or 3. Implement one of the requests by the City of Indio (not recommended by the La Quinta City staff); or 4. Provide staff with alternative direction. 129 :lv TAPWDEPT\COUNCIL\2001 \011025.wpd Respectfully submitted, Thomas P. Genovese City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Road Designation Map from the City of Indio's General Plan Circulation Element. 2. Table 3.2-1, City of Indio: Existing General Plan Circulation Element. 3. Indio General Plan - 2020 Goals and Policies. 4. RKA Report. 5. June 20, 2001, City of Indio Council Meeting Minutes. 6. June 20, 2001, City of Indio "verbatim" Council Meeting Minutes. 7. June 25, 2001, letter from the City Manager of Indio. 8. July 16, 2001, letter from the City of La Quinta. 9. August 7, 2001 letter from Bob Ross to the City of Indio. 10. August 8, 2001 letter from City of Indio. 1 1 . August 9, 2001 letter from CVAG. 12. September 27, 2001 letter from RBF. 13. August 7, 2001, Chronology. 1 F) G -? TAPWDEPT\COUNCIL\2001 \01 1025.wpd 4-0 _U A O z C) m o p -0+. �z $iz g rn 8 1 ... m �' 1 r ~ Z a m D Q 'I o o00 a o �A m� nr O Z o man w z >> z v_ `.J 0 m z 13. ATTACHMENT 2 Indio General Plan - 2020 Environmental Setting Report COMMUNITY DEVELOPMENT YM•MYIJYh•JiY.•J1M1Y.•.W.•fJ1J.•.YJ.YffJVYflff.•JhWY.•h•.YJI.v.•fJ.•#JJ#.vJJ hM1•hM1Y#fJ#JhYJ.M1 :t•.Y hM1•fh:•fh•J:t.•J.YJ.•.:•.vJ.Y##JlffffJJ.Yf#J.flffJ.h#.... hv#fflNM1•I#Jff.•.M1:•fJh:•J.Y# .•fMM1•.. Table 3.2-1 CITY OF INDIO: EXISTING GENERAL PLAN CIRCULATION ELEMENT FREEWAYS Interstate 10 MAJOR ARTERIALS Highway 86 (East Valley Parkway) Highway 111 Dillon Road Avenue 48 (Proposed) COLLECTORS Madison Street (Proposed) Aladdin Street Arabia Street Palo Verde Street Commerce Street (Proposed) Eastside Drive Oleander Street Hoover Street (Proposed) Kenner Street Requa Avenue Date Street Market Street (Proposed) ................................................................................................................................... ARTERIALS Avenue 42 Washington Street Avenue 46 Avenue 49 (Proposed) Jefferson Street Dillon Avenue Madison Street (Proposed) Bliss Street Clinton Street (Proposed) Dune Palms Road (Proposed) Monroe Street Oasis Street Jackson Street Van Buren Street (Proposed) Cabazon Road (Proposed_ ) Country Club Drive Avenue 44 Miles Avenue (Avenue 45) Avenue 46 Avenue 47 (Proposed) Avenue 50 (Proposed) Avenue 52 (Proposed) 13Z October 6, 1993 Page 3-29 CITY OF INDIO PROPOSED ROADWAY CROSS -SECTIONS R t 34' R� 3' r ix 9' 1 r ITt 3' 12' r-t 2' 13' 12' 3• 7 SODDU cute •' to• � to• uRa = � CUMCUN-p"", CURBED OR PAtntfED momAUGMENTED ARTERIAL R R/M1 t tot• 3• WK s• „• tr 13• r—T— r 13• ,r „• a WL�• NEW" ults cults '''T-� -f 2 2 X• C INDIC City --� CURBED on PA WO MEDMN AUGMENTED MAJOR A , to• ee• E tm s• t t r t •• r r t •• t 2• , s% •• r 12soes CURB CURB MENEN CURB22 CURB CURSED oR PAtMM MCMN AR TERIAL FW taa s.• WL WL � � SMINX I Cu I PAwTED� wEDMM � AUGMENTED M—A 8 fw tow WL WL 76' • � I cults I I I I I CU sto mx 1 .f� PA01= MEDMN x i MA,►oR WL M lta 1 Zx ICU*e� l SECONDARY R/w R/w Sw = ti WL —z—� �— CGLLECTOR GENERAL PLAN PROGRAM of Indio, California Robert Kahn, John Kain & Associates, Inc. Page B-98 COMMUNITY DEVELOPMENT ATTACHMENT 3 inoru General Plan - 2020 Goals and Policies 61.0 The provision of private open spaces for each unit is encouraged. This would include patios or balconies. 62.0 Long, unbroken lines of garages and carports on both sides of a drive aisle are discouraged. Garages and carports should be arranged to avoid blocking views of the residential units. 63.0 All areas not dedicated for residential units, ancillary structures, parking, and drives shall be landscaped. 64.0 In addition to landscaping in and around the residential units, landscaping should also be provided within the parking areas. Planters at the end of drive aisles should be used to enhance the visual perception of the drive. 65.0 Multifamily residential complexes shall have a perimeter wall and shall use a security gate system for access into the project. 66.0 Parking shall be distributed throughout the project so that each unit has convenient access to private and visitor parking. ' Architectural Design 67.0 Because of the potential bulk of multifamily structures, facade and roofline articulation are vital to providing a desirable product. Each unit should have a projection from the wall surface, which can include ledges, balconies, window alcoves, and so forth. Several rooflines should be provided for each building, 68.0 Multifamily units within large complexes should be divided into groups of smaller buildings instead of providing a few large structures (greater than 10 units per building). 69.0 All mechanical equipment, including air conditioning and forced air units, shall be screened using an enclosure that matches the architectural design of the building. Equipment can also be placed within private patio areas as long as these areas have a solid enclosure. Page 3-84 70.0 Carports, when used, shall be designed to avoid the flimsy appearance of thin metal supports and flat metal roofs. Support columns shall be designed to have the appearance of mass. 71.0 Lighting shall be provided to ensure safety of those living and visiting a complex. All multifamily complexes shall provide the City with a lighting plan, including location, height, type, and brightness, for review and approval. Commercial Commercial projects shall contain a level of design that provides for a pleasant and safe shopping experience and encourages the movement of pedestrians throughout the project. Site Design 72.0 Whenever possible, structures should be sited in a cluster arrangement surrounding a common plaza on several sides. A center made up of several individual pads, each surrounded by parking, discourages pedestrian usage and emphasizes the parking facilities rather than the commercial center. 73.0 When buildings cannot be clustered, landscaping, pavement treatments, trellises, or other amenities shall be used to visually link the structures into a cohesive whole. 74.0 Entry driveways into a commercial center shall be used to make a statement of entry. Enhanced paving, wide entries with center medians, entry statement signage, and landscaping are examples of possible treatments. 75.0 It is desired that access to major roadways occur at 300-foot intervals. In addition, median breaks will only be provided on a 1/a-mile interval. Reciprocal access and shared driveways will be required in order to provide a consistent and workable ingress and egress plan for an area. 134 014 COMMUNITY DEVELOPMENT Indio General Plan - 2020 Goals and Policies CIRCULATION IMPLEMENTATION MEASURES Implementation Measure P Implements What Policy Who is Responsible Timeframe 2.0 Require an adequate evaluation of CIR-1.1 Public Services Dept. Development potential traffic impacts associated with CIR-1.2 Community Review proposed new developments prior to Development Dept. Ongoing project approval, and implementation of appropriate mitigation measures prior to or in conjunction with project development. ............................................................................................................... 3.0 Coordinate with Caltrans to implement _........................................ CIR-1.1 Public Services Dept. Ongoing necessary improvements at intersections CIR-1.2 where the agencies have joint jurisdiction. ....................................................................................................... 4.0 Periodically evaluate the Circulation _........................................ CIR-1.1 Public Services Dept. Ongoing Element roadway plan through utilization of CIR-1.2 the City of Indio Traffic Model. The model shall be updated every three years, or as needed. 5.0 ................................................................................................................................................... Identify and evaluate the major . CIR-1.1 Public Services Dept. Priority 2 intersections requiring special design treatment to increase their vehicular capacity. ......_.......................................................................................................................................... 6.0 Minimize the number, properly space, and CIR-1.1 Public Service Dept. Ongoing interconnect traffic signals in order to CIR-1.2 maximize progression and minimize the NOI-1.5 acceleration/deceleration that produces AQ-1.6 significantly higher vehicular emission and noise levels. 7.0 ................................................................................................. Require new developments to be served _........................................ CIR-1.2 Public Services Dept. Development by roads of adequate capacity and design CIR-2.2 Review standards to provide reasonable access by . Ongoing car, truck, transit, or bicycle. 8.0 Discourage parking on all Augmented ....................................................................................................................... CIR-1 *2 Pubic Services Dept. Ongoing Arterial, Augmented Major (A and B), CIR-2.2 Arterial and Major roadways to increase the traffic capacity of these roadways and provide for bike lanes. 9.0 Establish speed restrictions throughout the ................................................................................................................. . CIR-1.2 Public Services Dept. Ongoing City that relate to the design and operating characteristics of roadways. 10.0 Require that future roads and q CIR-1.2 Public Services Dept. Development improvements to existing roads be Community Review designed to minimize conflicting traffic Development Dept. Ongoing movements such as turning, curb parking, and frequent stops. .................................................................... _ ................................................................... C. J Page 3-32 615 Indio General Plan - 2020 Goals and Policies COMMUNITY DEVELOPMENT R 134' R� 116' MI J' SD6 9' 12' 12' t 3' 12'— W&X-12' 13' 12' 12' 9' 3' SOEkA{J( CURB 4' 10' 10' CURB 2„ CURB URB �-L�L1 I � I CURBED OR PALMED MEDIAN AUGMENTED ARTERIAL R 120' R/w 102' MK Mal 7'� 7' 13' 12' 11' 8' 6' 3' 90E%kX SEfIALK URB 2%� CURB 4'7to. L��iCURB 2% CURB �— --�� .. --- -- 1 CURBED OR PAINTED MEDIAN AUGMENTED MAJOR A R/w 110, R/YV 86' MN. 4i MN. 6' 6' 10' 12' 14' 7' 7' 14' 12' 10 6' 6' �DEwALK 4' 12' 12' 9 CURB CURB NIE CURB CURB CURBED OR PAINTED MEDIAN ARTERIAL-7 .y 100' R/w e4 MN. SOEW CURB I I �B\ ^+I 2 PAINTED wED4W CUR AUGMENTED MAJOR B 76' MN. MN. 8' If 12' 12' 12. 12' 12'-6' SDER&K CURB �— i— I I �2 = CURB ��I 1 �. MAJOR MN. Mr. � 12' 12' 12' 12' 8 � IEWAU( 5 6> URB � 2 = CURB SECONDARY R/11 R/w 66' 44' MN. rt MK 5' 10' 12' 12' 10' 6 *5' CURB I CU SDFkN1( f22 — —T �- CURB COLLECTOR pure GENERAL PLAN ROADWAY CROSS SECTIONS J3" Ul 6 Page 3-43 Indio General Plan - 2020 Goals and Policies 3.5.3 Planning Area Wide Design Criteria In developing a set of design guidelines for the General Plan, certain aspects of site design and architecture are common to all land uses. These common elements have been assembled in this section. When reviewing standards for a covered land use, such as commercial, the reader should also consult the goals and policies for the land use type. Entry Statements .. .. Major intersections shall be c. . designed to emphasize the intersection's importance and help establish a sense of place to the motorist, pedestrian, and so forth. Two levels of entry statements shall be used in the City — primary and secondary — as illustrated on the right. The illustrations provided are examples showing the different levels of treatment used for each intersection type. The City will need to adopt formalized standards for each entry statement type. 1.0 The locations for each of these treatments are shown on Figure 3.5-1. The City shall develop a standard for each type of entry statement within 6 months of approval of the General Plan. COMMUNITY DEVELOPMENT PRIMARY INTERSECTION / ENTRYWAY P.o. .. Wa ..Y., SECONDARY INTERSECTION / ENTRYWAY Major intersection entry statements. 137 -17 Page 3-73 Indio General Plan - 2020 Goals and Policies INDIO G E N E R A L P L AN 2 Q 2 a r s•. 'r f: �:,`..�.w.ww..�ww..w.w.w.�.wi.w.�•wwwww�•�w.r f; r 1,38 Ju 1 3;1 0 1 1 1: 43a ATTACHMENT 4 TRAFFIC ENGINEERING STUDY FOR THE ELIMINATION OF THE LEFT TURN MOVEMENT OUT OF CORSICA GATE AT JEFFERSON STREET IN THE CITY OF INDIO PRESENTED TO: MR. TERRY L. HAGEN DIRECTOR OF PUBLIC WORKS 1 CITY ENGINEER CITY OF INDIO 100 CIVIC CENTER MALL POST OFFICE DRAINER 1788 INDIO, CA 92202 BY: CIVIL. ENGINEERS INC. 398 S. I FMON CREEK DR., SUI']"�: F WALNUT, CA 9' 789-2_549 (909) 594-9 7 02 June, 2001 139 i9 Jul �1 01 11:43a p.3 "the purpose of this study is to evaluate the climination of the left -turn movement out of Corsica Gate at Jefferson Street in Indio, California and to recornmend the hest alternative. Site Description and Planned Improvements Corsica Gate is located approximately 550 feet north from the northeast corer of Jefferson Street and 49`" Avenue. Exhibit "A" depicts the 122 residences that comprise the Rincon Subdivision. Additionally, this exhibit illustrates the two points of access to the development, Corsica Gale at Jefferson Street and Malaga Avenue at 49th Avenue. Jefferson Street. planned as a major arterial with three through lanes in each direction, as depicted in Exhibit "B". is Curren l-y being constructed to its r aster planned requirements. This construction. lncluslvc of a tralfic signal at Jefferson Street and 49`h Avenue, is planned to be completed within one year. Forty-ninth Avenue. a collector street, will c mtinue to firnction with one through lane in each direction. Future Condition of Jefferson Street The improvement of Jefferson Street to its ultimate section will increase the vehicle capacity of the street. Also, in accordance: Mth the higher street standards and a design speed of 60-mph, roadti�ray posted speed limits will potentially be in 50-mph range. Consequently, the improvement off Jefferson Street necessitates that median openings involving ingress and /or egress rnaneuvcrs be care#ally scrutinized in order to insure the safety of the motoring public. Traffic Safeh, Concerns Associated With the Left -Turn Molement at Corsica Gate As stated above, Jefferson Street Wrll be a high capacity and high speed six lane roadway. Due to these dcsi.gn characteristics of future Jefferson Street, various safety related traffic concerns associated with the left -turn mcrVeinent out of Co sica Gate need to be adequately addressed. Three safety concerns associated %vith the left-tum movement need to be addressed. The first concern relates to the unsafe maneuver o+ vehicles potentially cutting across six lanes of traffic. There is a high probability that Jefferson Street vehicle gabs will not be simultaneously svnebronized. from a timing standpoint, to allay a safe. cut through movement. Secondly, a potential. for conflicts will also be encountered when left -turn traffic is jumaposed against the proximity of the median opening to the Jefferson Street and 49'h Avenue intersection, the :lefferson Street northbound traffic rnaking left-tum movements at the median, and the decelerating and accelerating traffic. Lastly, a potentially unsafe condition can be created when a large passenger vehicle, such as created when an 18 foot suburban type vehicle stops at the median opening to wait for safe traffic gap and protrudes temporarily into the northbound number one lack (the lane next to the niedian) necessitating that northbound traffic swerve to avoid hitting the vehicle. It is felt that the&` concerns seriously compromise the motoring public's s<i.fety. 140 Jki1 31 01 11:43a p.4 Median Openings /Deft -Turn Movements at the Indian Wells RV Park and Las Palmas De La Quinta Currently, left -turn movements are permitted out of the Indian N- ells RV Part: and at La Palmas Lie l ,a Quinta. Though it is not the ptrtliose of this study to review these two locations at this time. it needs to be noted that spcci�ic features or issues associated with these two locations are not the same as those for Corsica Gate. For example, the entrance to Las Palmas De La Quinta is set back an additional 150 feet front the intersection than is Corsica Gate. Also. the entrance to the RV Park is the only access to the Park but is subs an.tially located (more than 1000 feet) -Avay from the Highway 111 lnte.rsect on. 'Fhese median openings will need to be reviewed in the near future. Traffic Impacts of Eliminating the Left -Turn Movement at Corsica Gate Traffic counts were taken on June 14, 'Oil (E.Khibit "�-) to determine mc�rl3I and eN,clung hour Ut'alc period left -turn movements. These counts re'llected that the total peak period left -turn counts were 14 or 13% of the total caress nnoveme nts out of Corsica Gaze. The larger percentage (871,o) of the exiting vehicles made a right -turn movement. Hence, the volumc of exiting traffic at Corsica Gate and malting a left -turn movernent is not a substantial percentage of the overall traffic exiting at this location. The construction of a traffic signal at Jefferson Street and 011 Avenue will insure that the shift in traffic patterns is efficiently accommodated. If the left -turn movement were to be eliminated, the .residential development ,vould continue to have a right -in and right -out at Corsica Gate in addition to a left -turn -in movement from southbound Jefferson Street along with full ingress and egress at Malaga Avenue. Additionally, a percentage of the traffic could also elect to make a right -turn movement at Corsica Gate and travel north to the 48t" Avenue. traffic signal, less than a third of mile away. and make a U-turn at the protected left-tuni pocket. Conclusion Based on the traffic safety concerns associated `with the left -turn movements Out Of Corsica bate. the low volutr.es of traffic involved. and the availability of alternate egress routes, it is concluded that the elimination of the left -turn movement out of Corsica Cate is a viable traffic correction measure because it Will remoVe Potentially unsafe traffic movements and conflicts. 141 Jul 31 01 11:43a p.5 EXHIBIT "A" T rus r rr �s fat 1:fL.3. oo7- 040 6-49.,o ��sS.��J�.twJ,u� aYlx FOR.�uWv4 sic . ems, US, �s, R 7E . • 61ir8S 8 t N..t ..►�I nfr M.Ir ld► rt" 7►M ,F .91 MAP ZZ %LN jRa► t'R/4 t1.Ir t►� -f/r rl-i. . 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LLI o Ca C' � to LU 0 t C) i x At 0010 vloo 4m Now ri wow awNr. t WWJN n "Now trrr 1�"` ti� a.•� s�..i wow J-S NOSBJ�"`P 143 . , Council, Minutes ATTACHMENT 5 commitment and added it will cost about $10,000 per unit to rehabilitate the complex with the proposed improvements. John Gentry commented this complex was renovated just a couple of years ago and congratulated the developer on a marvelous job at that time. He stated the place still looks good and questions another renovation. Mr. Gentry requested to know if the City floats these bonds and taxes the taxpayers for the bond issue? Sam Alhadeff, City Attorney, replied the people of the State of California are the people who manage this program. There being no further comments from the public, Mayor Fesmire declared the public hearing closed at 7:25 p.m. After discussion, it was moved by Mayor Pro -Tern Godfrey, seconded by Councilmember Bethel and unanimously carried to ADOPT Resolution No. 6391, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING THE ISSUANCE OF MULTI -FAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (KNOWN AS SUMMERFIELD APARTMENTS) 4. CONSENT CALENDAR a. Waive reading of text of ordinances after the reading of the title b. Approve Minutes of June 6, 2001 c. Approve Warrants d. Authorize disposal of surplus vehicles e. Adopt resolution waiving conducting authority proceedings relating to LAFCO Annexation 2000-06-4 (Andreas Ranch) It was moved by Mayor Pro Tern Godfrey, seconded by Councilmember Bethel and unanimously carried to ADOPT the Consent Calendar as submitted and to ADOPT Resolution No. 6392, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, WAIVING CONDUCTING AUTHORITY PROCEEDINGS RELATING TO LAFCO ANNEXATION 2001-06-4 (ANDREAS RANCH) 5. JEFFERSON STREET ACCESS-CORSICA GATE AT RINCON NORTE Harold Schilling, City Manager, indicated fifty eight petitions have been filed by Rincon households opposing the decision of the City of La Quinta, acting in its capacity as lead agency for the Jefferson Street construction project, to prohibit left turn movements by automobiles exiting the Rincon development at Corsica Gate. The City of Indio staff has supported La Quinta's decision, agreeing that traffic safety considerations should overrule arguments for access convenience. Mr. Schilling suggested that an independent examination by a third party traffic engineer might prove beneficial insights for all parties. Accordingly, Staff was instructed to contact a firm that could review the question and provide a written report for today's meeting. RKA Civil Engineers, Inc. was engaged and Staff will give a report. Terry Hagen, Director of Public Works, commented there will be a traffic signal at Jefferson Street and Avenue 49. The CVWD has a pump plant that will be moved in the near future and Jefferson Street will become a full three lanes wide. He stated La Quinta will pay for 50% of the signal, CVAG will pay 37.5% and Indio will pay 12.5%. The design speed of Jefferson Street is 60 MPH. The report reveals that improvements of Jefferson Street necessitates that median openings involving ingress and/or egress maneuvers be carefully scrutinized in order to insure the safety of the motoring public. The width of the median is only fourteen feet wide with a raised median and will have landscaping which will block the view http://www.indio.org,/cm062001.html 8/844 4 0 Council Minutes Page 7 of 10 of people trying to pull out of Corsica Gate. Mayor Pro -Tern Godfrey stated there is an entrance at Las Palmas and an entrance at the Indian Wells R.V.. He commented that perhaps they may not be able to turn left either. He stated there will be three major populations turning right and asked if that is considered a traffic hazard. Councilmember Lopez recommended pursuing the traffic signal installation with CVAG, in terms of the formula for financing, and to continue to discuss the left turn lane onto Jefferson Street. John Gentry commented this is a project for the City of La Quinta and benefits the properties in La Quinta. He stated he feels the City of La Quinta should foot the bill on this one. The residents of Indio should not have their movement restricted by La Quinta and they should be able to continue to access Jefferson Street like they have always been able to do. Rod Cavanaugh stated he does not see a reason why a stop sign cannot be put in for people entering and exiting Corsica Gate or the traffic light desired at Corsica Gate. He stated he supports the petition of the homeowners sent to the City Manager. Brian DeRoo stated this should be "grandfathered in". The City should do away with "u turns" that are potential hazards. He stated desert landscaping includes a palm tree and a couple of rocks. He does not feel this will block the views from entering onto Jefferson Street. He stated "Milaga Gate" is not a main ingress and egress. He suggested keeping the access the way it is. He stated based on those that have inhabited the area, they should be able to continue to turn left onto Jefferson Street. Rosemary Robertson stated she lives on Gibraltar Street. She stated she was going to call Ralph's Grocery Store and tell them they will lose a potential 125 people shopping at their store. She suggested putting a traffic signal at Corsica Gate and to continue to allow the left turn onto Jefferson Street. Mayor Pro-Tem Godfrey stated the circulation element of the City indicates Avenue 49 will forever remain rural from Monroe Street to Jefferson Street. It will be a rural street with no curbs, no gutters, just asphalt. Avenue 49 will not be able to handle that traffic. Richard Wiest commented the Las Palmas tract has an entrance on to Avenue 48. He questioned whether anyone is aware there has already been work done at Corsica Gate. There are control panels, two extra power poles and some other improvements, will all of this just be thrown out the tubes. Mayor Pro-Tem Godfrey stated he drives Fred Waring Drive twice a day from Madison Street to Palm Desert city hall. He stated there are fourteen opportunities, without a traffic light, to turn left on Fred Waring Drive out of residential communities. However, he indicated he does not know the distances. He stated he believes a traffic light at Corsica Gate would be a solid mitigating issue. Councilmember Lopez stated he does not feel the exit out of Rincon Norte onto Avenue 49 was ever intended to carry a major traffic load. Mayor Fesmire requested to know the status of this project at this point. Harold Schilling, City Manager, replied the City of La Quinta has been put on notice to not go forward. Mr. Schilling stated if this City Council prefers the left turn movement to be retained, he believes they would respect that. After discussion, it was moved by Mayor Pro-Tem Godfrey, seconded by Councilmember Lopez and unanimously carried to RECOMMEND to the City of La Quinta and our Staff that a traffic signal be installed at the Corsica Gate, thus allowing a left hand turn onto Jefferson Street, and transferring the funding to the developer. 6. AMEND CHAPTER 99 RELATING TO MOBILEHOME FAIR PRACTICES Donna J. French, Administrative Services Manager, reported that amending Chapter 99, Section 99.04 http://www.indio.org/cm062001.html 8/81014 5 Council'Minutes Page 8 of 10 (B)(3)(a)2 will bring the city's ordinance into compliance with a 1995 Public Utility Commission decision to disallow the inclusion of sub -metering expenses in operating expense for the purpose of determining Net Operating lncome(NOI). The City Council has the authority to amend the ordinance to comply with the PUC decision as long as it does not materially affect the tenant's rights under the ordinance. The City's Mobile Home Parks Ad Hoc Committee felt the ordinance needed to be amended in order to comply with existing legal requirement and further believes that such amendment will reduce the risk of potential challenges and potential litigation between the park owners, the tenants and the city. The proposed ordinance changes the definition of allowed operating expenses to exclude any sub -metering expenses. The Committee, Staff and City Attomey recommend approval for the first reading of the proposed ordinance. At this time, Mrs. French introduced the members of the Committee to include Doris Wilke, Erwin Kennedy, Sherman Flogstad, Dave Amberson, Rose Marie Dominguez and Esther Walker. Doris Wilke stated the Committee will continue to meet in September to address other issues applicable to all mobile home parks. She commented on Senate Bill 691 sponsored by Bruce McPherson and requested the City Council support this legislation. She stated this is an important piece of legislation as it will give cities and counties the ability to recoup monies from park owners. Mayor Fesmire explained her law firm represents a mobile home park owner and this is an apparent conflict for her and recused herself from this matter. It was moved by Councilmember Lopez, seconded by Councilmember Bethel and unanimously carried to ADOPT Ordinance No. 1298, for first reading, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, AMENDING CHAPTER 99 OF THE MUNICIPAL CODE REALTING TO MOBILE HOME FAIR PRACTICES 7. REPORT ON HORSE SHOWS IN THE SUN (HITS) BY JOHN EICKMAN John Eickman, Executive Director, of the Horses Shows In The Sun(HITS) reported on the activities of the 2001 event. He suggested for the future, they would like to have more in the way of civic opportunities. He indicated there was an increased level of awareness of security. Also, he stated the Royal Rangers and Indio Police Cadets assisted in security. He indicated attendance at the show was up seven percent over last year. He stated areas requiring additional efforts are broader coverage by the local media and to attract more local spectators. He added there was an increased utilization of charity and civic organizations. Councilmember Bethel commented she is a committee member of the Convention and Visitors Bureau and she knows this horse show is well known in Europe. Mayor Pro-Tem Godfrey stated he feels this is the singularly most unique event in the entire valley and no other city may lay claim to anything like it and he feels this is outstanding. Mayor Fesmire thanked Mr. Eickman for his efforts in accommodating the City of Indio at this event and thanked him personally. Councilmember Lopez suggested a day for the local press. Mr. Eickman replied they did invite the local press and had between nine to ten members attend. He stated he hopes to build upon that in upcoming years which will enable him to accomplish a great deal more. The City Council thanked Mr. Eickman for his report and indicated they look forward to next year's event. 8. THIRD & FOURTH QUARTER REPORT OF THE CHAMBER OF COMMERCE ACTIVITIES 4 http://www.indio.org/cm062001.html 818/01 �v -� Council Minutes Page 9 of 10 Ron Hare, Chairman of the Board of the Indio Chamber Commerce, reported P.J. Gillespie was elected the new Chairman of the Board for the next two years. Mr. Hare indicated the Chamber of Commerce would like to purchase a sponsorship for the City's 4th of July event and donated a check in the amount Of $1,000. Sherry Johnson, Executive Director, stated their total income was $47,589.59 for which they spent $71,780.77 and are in a deficit amount of $24,191.18. She commented on the budgeted items vs. actual. She stated their budget request for the next fiscal year is $131,000.00. She stated the actual cost for running the visitors center was actually $87,000 for salary and overhead. Mrs. Johnson stated they received $91,000 from the City last year. Mrs. Johnson indicated the City needs to hire a public relations firm and will include a request for $20,000 in their budget. The City Council thanked Mr. Hare and Mrs. Johnson for their report. There was no action necessary. 9. CONTRACT WITH RANDALL FUNDING & DEVELOPMENT, INC. FOR GRANT FUNDING SERVICES Harold Schilling, City Manager, requested this item be pulled and considered at the next meeting. 10. INITIATION OF FISCAL YEAR 2001-2002 ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPE LIGHTING DISTRICTS NOS. 1 THRU 22 AND 24 THRU 30 Terry Hagen, Director of Public Works, reported the adoption of the resolutions will start the formal proceedings to assess benefited properties for the Fiscal Year 2001-2002. Staff recommends City Council approve the adoption of the resolutions initiating proceedings for the annual levy, authorization of preliminary approval of the engineer's annual levy report and declaring its intention to levy the annual assessments and setting the public hearing for July 5, 2001. Mr. Hagen indicated there would not be a need for balloting this year. It was moved by Councilmember Lopez, seconded by Councilmember Bethel and unanimously carried to ADOPT Resolution No. 6393, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THE TWENTY-NINE INDIO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS (NO. 1-22 AND 24-30), FISCAL YEAR 200112002 It was moved by Councilmember Lopez, seconded by Councilmember Bethel and unanimously carried to ADOPT Resolution No. 6394, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA AUTHORIZING PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY REPORT FOR TWENTY NINE INDIO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS (NO. 1-22 AND 24-30), FISCAL YEAR 2001/2002 It was moved by Councilmember Lopez, seconded by Councilmember Bethel and unanimously carried to ADOPT Resolution No. 6395, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE TWENTY NINE INDIO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS (NO. 1-22 AND 24-30) FOR FISCAL YEAR 200112002 11. RESOLUTION DETERMINING UNPAID ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 2001-01 14; http://www.indio.org/cm062001.html 8/8/01 r, �, Council -Minutes Page 10 of 10 Don Hunt, Bond Counsel, with Fulbright and Jaworski, stated they are confirming the unpaid assessments at $4,849,142.84. He indicated the period to pay off the assessments has run out. They are requesting the City Council adopt a resolution which determines the amount of unpaid assessments. It is anticipated this amount of unpaid assessment bonds will probably be sold next week and close shortly thereafter. It was moved by Mayor Pro-Tem Godfrey, seconded by Councilmember Bethel and unanimously carried to ADOPT Resolution No. 6396, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 2001-01 12. SECOND READING: ORDINANCE NO. 1297 ADOPTING AN ORDINANCE AMENDING CHAPTER 97 OF THE MUNICIPAL CODE RELATING TO STREETS, PARKWAYS AND PUBLIC PLACES It was moved by Mayor Pro-Tem Godfrey, seconded by Councilmember Bethel and unanimously carried to ADOPT Ordinance No. 1297, as second reading, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, AMENDING CHAPTER 97 OF THE C/TrS MUNICIPAL CODE RELATING TO STREETS, PARKWAYS AND PUBLIC PLACES Harold Schilling, City Manager, requested a clarification of the Council's intent of item no. 5 on the agenda, discussed earlier, the Jefferson Street access at Corsica Gate at Rincon Norte. Mr. Schilling stated the project is facing the possibility of requested damages and or change orders if it goes beyond this day. He stated he needs to take a certain position with the City of La Quinta. He requested to know if this City Council is looking to allow the left turn movements if the signal can be moved from Avenue 49 to Corsica Gate? Mayor Pro-Tem Godfrey stated his motion was to move the signal from Avenue 49 to the Corsica Gate, thus allowing a left tum onto Jefferson Street. Sam Alhadeff, City Attorney, indicated the City Council instructed the city manager with the sense of their motion made earlier. ADJOURN There being no further business to discuss, it was moved by Councilmember Lopez, seconded by Mayor Pro-Tem Godfrey and unanimously carried to ADJOURN. Meeting adjourned at 9:12 p.m. CYNTHIA HERNANDEZ DEPUTY CITY CLERK 14 8 http://www.indio.org/cm062001.html 8/8/94 U �;; u ATTACHMENT 6 INDIO CITY COUNCIL MEETING June 20, 2001 HAL SCHILLING, CITY MANAGER: As a formal response on the 6t' of June, but he had conflicts and was unable to attend and very much wanted to attend the meeting where it would be considered. I indicated to him at the time that I believed that it would be possible to hold it off to a later date and that we talked about the possibility of July and it developed that we could not hold this matter off until July and Jerry, while disappointed, did understand and did recognize the importance of, of the Council, ah, dealing with this issue. I did promise him on our last meeting to ah, read on his behalf into the record the letter that he authored on the 11 to of June and, and with the Council's leave, I will do that. It is addressed to the Indio City Council, subject is Jefferson and Corsica Gate. I've handed over to Mr. Schilling, Indio City Manager, 58 protest petitions regarding the elimination of a left turn being allowed out of the main entrance of the Rincon Norte. Unfortunately, due to previous summer vacation plans, I will be unable to attend the June 20, 2001 City Council Meeting where this subject will be discussed. I would however, appreciate this be read to the Council, staff and audience. There are 121 lots in this subdivision, there are at least two cars per household and in some cases, more than two cars. Every resident, guest, delivery person and service person will have to pass two small streets, Andora and Malaga Gate, as well as almost the entire south side of this development in order to head south on Jefferson from Avenue 49. Andora and Malaga Gate were not designed as major egress or ingress for this subdivision and cannot be changed now. The decision to prohibit was made without any communication from your staff to the homeowners of Rincon Norte. If it were not from the communication received from Mr. Wesly Oliphant, we would ah, have never known about this decision made by La Quinta and approved by Indio staff. Why were we not informed. Why will other developments along Jefferson be allowed to turn left from their entrances, for example, The Citrus - why is Rincon being singled out. Communication is lacking and therefore, you go along with La Quinta's plans for Jefferson and Indio's Corsica Gate. Please review... Before you go along, please review all the signed protest petitions and other communication received on this subject. If you carefully look at this, it is no safer to turn south onto Jefferson from Avenue 49 than from Corsica Gate. Plans are for shopping centers on Jefferson and Avenue 50 in the very near future and a left turn from Jefferson and Corsica Gate will allow our residents to easily get to these areas rather than make the dangerous, ah, U-turns on Jefferson and come back. Communication is the key. Thank you, Jerry Barba. 48-806 Andora Street. 149 ^D Indio City Council Minutes Page 2 June 20, 2001 HAL SCHILLING: Uh, I had indicated to the Council that we have and had 58 petitions of residents and we have made an effort to communicate with those who filed petitions about this meeting and all were, ah, delivered letters. Uh, when this issue first came up, I instructed the staff to formerly make notice to La Quinta that until the petitioners had an opportunity to be heard by this Council that no final action be taken on the left turn issue on Jefferson Street. I did, ah, in my conversations with Mr. Barba suggest that it, that we would all profit from a third party independent traffic engineering investigation of this question - he, ah, he did agree. Uh, I made the decision independent of that agreement to proceed to do that and ah, a report that was prepared by RK Civil Engineers will be made this evening by Planning Director, ah, Public Works Director, Terry Hagen. The design for the elimination of this left turn movement was by La Quinta in its capacity as ah, lead agency on this project. But I want to make it clear that the City of Indio staff concurs with this, we believe that there is a traffic hazard associated with allowing these movements and ah, corollary liability. With that Madam Mayor, I would like to ask Mr. Hagen to go through a power point presentation. Terry... TERRY HAGEN, PUBLIC WORKS DIRECTOR: Thank you Hal. Uh, I'll be doing the power point presentation and ah, passing out this letter, ah, and covering the points in it as well, or the study I mean - the traffic engineering study and Hal, ah, feel free to jump in (inaudible) comments in covering the points in it as well - or the study I mean, the traffic engineering study and Hal, feel free to jump in and make any comments during this presentation if you'd like. This fills the highway layout and distances from Avenue 1 1 1 going down Jefferson Street and this is a continuation from Avenue 48 down to Avenue 49. This is the Corsica Gate location here and the Rincon development area shown here. . Uh, between Avenue 49 and Highway 1 1 1 we do have ah, key intersections here, here, and here, in three places. Uh, currently, these two intersections are allowed left turn lanes out, going out of, onto Jefferson going south. We will be looking at these ah, intersections as well, doing further study and we may be eliminating ah, ah, left turn out of those and ah, ah, changing those in the future. It's, it's important to note though that the distances here, ah, this is only 545 feet from Avenue 49. Uh, as part of the Jefferson Street project we will be installing a traffic light here which will allow a left turn movement safely through the signal to go south on Jefferson Street. And that was conditioned by CVAG ah, that we eliminate the left turn movement out of here they would pay 75% ah, for our half of the traffic signal. Ah, La Quinta will be paying for the other half of the signal. I have a cost break-out here at the end of the presentation here. Um, I should also note here, this area here on Jefferson Street is a ah, commercial area too, which has a ... a effect on the spacing a, the, and I'll get into more of that ah, on a different slide here. 50 a Indio City Council Minutes Page 3 June 20, 2001 This is a blow-up of the Rincon area here and this is the area we're concerned about here - eliminating this left turn here. This fills the pathway that traffic would take here to come out onto Avenue 49t' , go through the signal and turn left to go south on Jefferson Street. Alternatively, they could go down - go about a third of a mile, turn right out of ah, the Corsica Gate, go down a third of a mile, make a U-turn at 48t' and go down south on Jefferson Street - so they have two alternatives that are ... through signalized ah, intersections. This is a further blow-up of the area here. This fills the modification that would, ah, would take place on the existing uh, median here. This is a raised median - it will have landscaping and uh, which will both north and south of the intersection here which will hamper visibility uh, for making a safe left turn out of this area here. Traffic will still be allowed to come in here and make a left turn into Corsica Gate and then we have a right in and a right out. This is La Quinta's uh, General Plan - a page out of it, which addresses access management on highways and spacing, intersection spacing. Uh, this is the major arterial road - I think my pointer is going dead here - this is a major arterial road, this column here, Jefferson Street falls into that category. The minimum intersection spacing is 2600 feet, about half a mile. Now they do have a General Plan amendment going through in commercial areas that would change this number to a 1,000 feet, and if you remember the previous two slides, showed the spacing of the intersections to be close to a 1,000 feet north of this intersection towards Highway 1 1 1 . The next ah, few photographs show the areas at a ... is under construction. This is looking north, ah, from Avenue 49. This right here is a left turn lane, a deceleration left turn lane to turn, ah, east on Avenue 49th. Corsica Gate is right up here. There's a closer view of that - Corsica Gate over here. Here's the left turn lane into Corsica Gate. The close up view of the medians. This is looking south towards Avenue 49, it's over here, it's kind of hidden here. Right now they have a, CVWD has a pumping plant that ah, is going to be moved here in the near future - ah, it's restricting this lane here to about a lane and a half - it will be a full three lanes wide as well as a deceleration lane to turn into Corsica Gate. So, this has to ah, be eliminated here and widened here which is ah, again part of the Jefferson Street widening project. COUNCIL MEMBER LOPEZ: Are we having problems with the Water District moving that timely? MR. HAGEN: It's gonna be ah, ah, separate ah, contract that will be let out ah, their insisting on the, on a new pump station being built first before they ah, ah, eliminate the old pump station. Indio City Council Minutes Page 4 June 20, 2001 COUNCIL MEMBER LOPEZ: So in other words, that's what's holding it back then. MR. HAGEN: Yes. It should happen within the next twelve months. COUNCIL MEMBER LOPEZ: Twelve months! (Laughter) MR. HAGEN: Or less. COUNCIL MEMBER LOPEZ: That's the Water District, huh. MR. HAGEN: Yes. COUNCIL MEMBER LOPEZ: Thank you. MR. HAGEN: When that happens though, the signal will be installed as well. COUNCIL MEMBER LOPEZ: Thank you Terry. MR. HAGEN: Uh, this is ah, another view here - looking north. This is looking out of Corsica Gate towards the west. Southwest - west again. This is a break out of the funding ah, for the traffic signal and the total estimated cost here is $175,000 and that's at Jefferson Street and Avenue 49t''. La Quinta's share is 50%, half of it and Indio's share would be 12'/2 % - $21,000 and CVAG would contribute $65,000. And again, this is ah, the contribution from CVAG is provided as part of the Jefferson Street widening project if the Corsica Gate ah, left turn ah, is eliminated. Ok, what we'll do now is pass out the traffic engineering study and ah, I'll bring up one of the views. COUNCIL MEMBER LOPEZ: Are you telling me that the City of Indio losses money if we don't put the left turn? MR. HAGEN: That's correct. This issue came up, this issue came up and I approached CVAG ah, as a mitigation measure ah, and I got them to agree to the 75% contribution. COUNCIL MEMBER LOPEZ: Say I put it in different words - were they going to put a signal there before this? 152 Indio City Council Minutes Page 5 June 20, 2001 MR. HAGEN: No. COUNCIL MEMBER LOPEZ: Oh, no signal. MR. HAGEN:-No, there was no signal there. COUNCIL MEMBER LOPEZ: Ah, ok, ok, I got it. MR. HAGEN: This traffic engineering study was conducted by a registered, a State registered traffic engineer in the State of California, ah, it's from RK Civil Engineers in Walnut California and I'll just briefly summarize ah, the comments they had and ah, then open this up for discussion. Uh, they pointed out that the design speed of Jefferson Street is 60 miles per hour, although the. speed, initial traffic speed signs will probably be in the 50 mile per hour range. The safety concerns they pointed out were three different ones, ah first they stated cutting across ah a six lane street, Jefferson Street is an unsafe maneuver, ah secondly, they pointed out that ah, there'd be ah, conflicts between in this area here as you turn out, you've got vehicles coming - slowing down in the deceleration lane to make a left turn here and you would have vehicles coming out of Corsica Gate that would be accelerating - so there would be a conflict there and lastly, the width of the median is only 14 feet - if a large vehicle ah, a camper or whatever, pulled out here and tried to use the median as a safe point before they proceeded further, ah, they'd be blocking this number one north bound lane on Jefferson. And ah, another item was the raised median - all these medians will have landscaping which will block the view of ah, people trying to pull out. They, at their request we conducted a traffic count in the area and a count of the vehicles ah, in the morning and in the afternoon ah, coming out of Corsica Gate and which way they were turning and 13% of the vehicles ah, were turning left, the majority were turning right, going north on Jefferson Street. Of course we do realize that there will be a ... a... developments, commercial developments down at the Avenue 50 and Jefferson Street in the future which would increase this number. Ah, they pointed out the two alternatives ah, which I pointed out earlier, where you would go through the ah, development onto Avenue 49th - use the traffic signal to turn left which would be a safe movement or turn right here and go down and make a U-turn at 48'h and then go down south. Their conclusion was that based on the traffic safety concerns associated with the left turn movements out of Corsica Gate - the low volumes of traffic involved and the availability of alternative egress routes is concluded that the elimination of the left turn movement out of Corsica Gate is a viable traffic correction measure because it will remove potential unsafe traffic movements and 153 GJ J Indio City Council Minutes Page 6 June 20, 2001 conflicts and I might add that with the accomplishment of this study ah, which clearly states that ah, the different traffic safety issues if we were to go ahead and allow a left turn movement now, and when we have an accident it would place the city in liability. MAYOR FESMIRE: Any questions? COUNCIL MEMBER GODFREY: I have ah, just a..a observation Madam Mayor. Uh, Terry, you mentioned in your dialog that the entrance at Las Palmas and the ah, entrance at Indian Wells would be studied further, perhaps they wouldn't be allowed to left turn there either. MR. HAGEN: That's correct. COUNCIL MEMBER GODFREY: We'll take another traffic study to entertain the thought that without a left turn out of Corsica, without one out of La Quinta and without one out of Indian Wells that you have three major population groups all turning right and making U-turns up and down the highway for a mile. Is that not a traffic hazard? MR. HAGEN: The alternative is to eventually have a ah, additional traffic signal here - you have a 1,000 foot distance here, it is a commercial area and what will probably likely happen ah, at some point - put a traffic signal there - it's, it's hard to say here at this time without further study. MAYOR FESMIRE: Any other questions? COUNCIL MEMBER GODFREY: Just another comment - I loved the applause - it was great. No seriously, you get all of these neighborhoods all having to turn ah, right, ah, and it appears to me that two of the neighborhoods in the ah, Indian Wells case and the Las Palmas case, that they have no other choice, no other alternative, but a U-turn or go north, or a traffic signal. COUNCIL MEMBER LOPEZ: The only thing else that I have is that I ... I kind of hate this arrangement by CVAG - it almost sounds like a... like a threat. Do it our way - that signal that they'll finance if we go their way, but they won't finance if we put ah, the turn left. Now, I think we should battle that one out and let Item put the signal where's there... there's a turn left or not ... not, I don't like that ah, that's kind of telling us you have to go our way or no financing for that. 154 Indio City Council Minutes Page 7 June 20, 2001 SCHILLING OR HAGEN: The signal was never warranted and it wasn't included in the original design of the Jefferson Street widening. COUNCIL MEMBER LOPEZ: Well now it will be because of a left turn, we want 'em to stop once in a while. SCHILLING OR HAGEN: As a mitigation measure. COUNCIL MEMBER LOPEZ: So I would say, pursue that, pursue the signal and we'll discuss the left turn - but keep the signal formula because why should they tell us that you know that, we'll give you 75% of the signal for your share if you eliminate the left turn, well the heck with that. Give us the formula for the signal and then we'll decide on the left turn. MAYOR FESMIRE: What were the circumstances for CVAG getting involved. MR. HAGEN: I approached them realizing that we needed to mitigate this - I approached them and asked Allan if he would consider ah, contributing towards the, our half of the expense of the signal and under the situation he agreed to. COUNCIL MEMBER LOPEZ: Doesn't Allan live in the City of Indio? COUNCIL MEMBER GODFREY: But he can turn left. (Laughter - Council/Audience) COUNCIL MEMBER LOPEZ: We've got to remind him he lives in Indio. MAYOR FESMIRE: Any other questions or comments? MAYOR FERSMIRE: I have ah, requests to speak on this matter - I have ah, let's see how many - I have four requests - that would amount to ah, 20 minutes if each person took 5 minutes. Ah, please try to bring... don't repeat what the other people that said before you, so that will speed us along. The first one I call is John Gantry. 155 Indio City Council Minutes Page 8 June 20, 2001 JOHN GANTRY: I live on Avenue 49 and ... and you see originally they wasn't gonna put a traffic light up there, ah, coming out of there would have been a hazard for us anyway, if they hadn't of put that light out there, but um, I don't understand - CVAG is doing this ah, ah, street - didn't CVAG, ah, they were doing the street for the benefit of... of I guess ah, CVAG, money from all different cities go into a fund, right, am I correct that CVAG, and they pay for the funding on this street. My question is that, um, this is a project that was for La Quinta and ah, it benefits the majority of the people in La Quinta... that's who it benefits, but yet still, the street comes in and they allow um, I don't know who allows them to stop blocking off neighborhoods where they couldn't get out and could restrict their movements. Uh, I don't know - somebody had to know this a long time ago when this was brought to CVAG and CVAG was implementing this bridge that went ah, ah, across in Indio. Somebody had to know it a lot sooner than this and they did it to the middle of the storm when they're almost finished and then you want to close off this neighborhood. Um, I would like to, they were never gonna put a stop light out there at Avenue 49. Who helps with the plans - do we have somebody that sits on CVAG - somebody sits on that board from Indio? Somebody has to sit on ah, that board when they were implementing this structure out here - this street. You put in a major bridge that's ah, ah, you put in a extension to a major bridge but you forget about neighborhoods on Avenue 49 and you forget about um, the Rincon area - nobody - somebody had to know that this was going to be a problem - somebody had to know, before we get down to the storm and ... and I guess they're gonna say well we'll do what we wanna do and ... and hope if they reject it ... well we won't pay for this and we won't pay for that. That's money that comes out of every taxpayers money, ah, in Indio - we all buy gas, so who's CVAG to say what they're gonna do, what they're gonna pay for or what they're not gonna pay for. That was a project and it's benefitting La Quinta - I think La Quinta should foot the whole tab on everything - Indio shouldn't have to pay for ah, ah, that stop light there - La Quinta should have to pay for that stop light. Ah, and CVAG - as long as well - Indio shouldn't have to do anything because we'll put it there is you restrict these people from going out left. You know, something is wrong with this uh, message. Why are we, Indio - we're constantly battling the other cities for our rights - you know, and our rights and our recognition. I mean why do, why do the residents of Indio always have to go through these hassles. There's nobody in La Quinta that's having to hassle with Jefferson Street - only the people in Indio - why does this always happen. We in Indio, we're tired of getting stepped on and we won't be stepped on - so I advise the City Council .and the Planning Commission or whoever these people are who are in charge of this that these people should have access to anyway they wanna go - they always went out left, they can go left and right - they should go left and right - and stop signs, ah, there's stop lights I've seen 30 feet apart, so, ah, it can be done and um, I think it's not fair when you ah, try to bottle in ah, the people of Indio - and that's what's being done. Ah, the J*56 00 Indio City Council Minutes Page 9 June 20, 2001 people of Indio all along 111, we're being bottled in and um, and somebody ah, needs to do something about it, 'cause I don't ... I don't... I don't understand why did it wait so long for this to come to the City Council when they knew this was gonna be a problem cause you done Jefferson, you widen out Jefferson and you did a bridge, a major bridge, and here we come to this. MAYOR FESMIRE: Rod Cavanaugh. ROD CAVANAUGH: I live at 48-613 Gibraltar, in Rincon Norte, and ah, the whole Jefferson Street project in my view has been a real shambles all the way through. I moved there in September. The street was torn up and is still torn up and kind of as a coup de grace - then we get blackmailed by CVAG. We won't be able to come out of Corsica Gate and make a left turn. I see no reason why a stop sign can't be put on the people entering Corsica and a stop sign put for us exiting so that would eliminate the problem that we may have ah, in safety or the traffic light moved down to Corsica - take it away from 49 and move it down to Corsica so we can come in and out of there. And ah, other than that, I don't have anything to say, other than I support everything the City Manager received in the letter from our homeowners. Thank you. MAYOR FESMIRE: Brian DeRoue BRIAN DeROUE: First of all, I'm Brian DeRoue, I live at 48-674 (inaudible) Street, ah, just a little side light regarding the Indio -La Quinta on -going battle. Half of Indio, excuse me, La Quinta High Schools, CIF Championship Football Team, resides in Indio, but ah, just to throw a little levity on things - I am a football coach and school teacher at Indio High School. Um, regarding this project, I ah, I've lived over at the Rincon development for about 2'/2 years now and ah, purchased my home there under that guise, that I would be allowed to turn left, turn right - and I feel as though this ought to be grand -fathered in. Uh, it looks as though it's more or less a financial situation, a financial decision that was made unfortunately. Money does talk nowadays. Regarding the safety issue, ah, you can take a look at the U-turns - I think Mr. Godfrey brought up a very good point in that supposedly to do away with potential hazards, we're going to take a look at right turns with U-turns and I see potentially in the future, U-turns being banned and then we have to drive all the way around the block and it comes into the same heading to me as whoever puts these mall parking lots together - how do you get out of those things. Uh, so the other situation I ... I... in listening to the presentation talk about desert landscaping causing you not to be able to see the traffic coming from a ... ah, in a north bound direction - desert landscaping for the most part is a palm tree and a couple of rocks - it doesn't ah, doesn't disturb your line of sight. Ah, a couple of observations that were not mentioned, they talked about a safety hazard and when you reroute at least 50% of the traffic coming out of the Rincon development to go through streets - and, ah, I 157 Indio City Council Minutes Page 10 June 20, 2001 would love it if somebody could go back to the slide presentation that showed the street map of right there. As you can see if you live over in Alicante, Casa Blanca, Barcelona, Acropolis, Tangier, you've got a Gibralter or Sultana now you have a major catastrophe waiting to happen. Whether it happens at 50 miles per hour on Jefferson or 35 miles an hour in a residential zone, an accident is no fun. We are currently close to completion - the number of small children that live in the area continues to increase - the number of small children that are in the streets playing and hopefully, out of harms way, (inaudible) continues to increase. Malaga Gate is not the major ingress and egress for the Rincon Norte development - Corsica Gate is,. The proposal is turning the Malaga Gate into the major area - ah, that was never the intent. As you can see by the Corsica Gate median the uh, amount of money that we spend out of our taxes to ah, beatify that Corsica Gate area. Um, this is my conclusion that ah, it's not generally safer to make a right turn and to funnel traffic through the remainder of the ah, area, that'll just keep it the way it is. I don't know what the ah, what the potential is for changing the decision that seemingly has already been made, but at the same time, ah, I think based on those that have inhabited the area for a year, two years, some up to five years, they ought to be able to continue to turn left. That's my decision - thank you very much. MAYOR FESMIRE: Thank you. Rosemary Robertson. ROSEMARY ROBERTSON: Hi Mr. Hagen - I'm Rosemary Robertson, I spoke with Mr. Hagen and Mayor... as the people who were involved with the study that was done long before all this came in. And I feel that no one really knew what was going to happen. To us, in La Quinta you said oh, no he said, that's not the way it's going to work on Corsica. I happen to live on Gibraltar Street. I asked Mr. Hagen had he logistically ever come into that development to see how many turns you would have to make to get out to 49' Street and he said no. No problem - that's you know, one of those things that happen - but since I live there, I know how many turns you have to make - it's not safe for the children that live there. I do not have any grandchildren, I do not have any children, but I like the little ones that are. The other thing is, on Jefferson - you haven't brought Jefferson all the way down - what happens to that La Quinta area? Are they going to have a light or they going to sail through with no left hand turns. I think that's an important factor to look at. La Quinta needs the money because of PGA West - let's face it, money talks and my husband has a saying that I won't repeat. (Laughter - Council/Audience) But anyway, my concern is that it's going to cost a lot of money for the senior citizens that live in there and the people who work for a living - the gas that you're going to use and going north and making a U-turn. The other thing I told Mr. Hagen, 158 V Indio City Council Minutes Page 11 June 20, 2001 I was going to call the CEO up at Ralphs and tell him he's gonna lose potentially 125 people shopping in his store and Albertson's too. I think that if you were going to do anything, put the light at Corsica Gate - 49t' Street can be a stop sign as it is now. There isn't any reason to take us away from making right -left turns. If there's anything you want to ask me other than that - I did talk to La Quinta, I talked to Mr. Hagen - I also talked to the fellow who did the survey work - I have their names at home, not realizing that I was going to be the last speaker to this development, but I hope that last is best and if you can do something to relieve that, I would appreciate it as well as all the neighbors, the 125 of us that live in there. I haven't lived there that long and I hope to have a long life but I am old and you can tell how old I am because I told 'em. Thank you very much. MAYOR FESMIRE: Thank you. (Clapping Council/Audience) MAYOR FESMIRE: Any ah, anything else. Any questions? Ok, I don't have any more - I'm sorry, could you fill out one of these please. Ok, you'll need to fill one of these out - we'll wait for you. TERRY HAGEN: While he's filling it out, let me point out that ah, La Quinta has a development going in here across the street from Rincon and initially the developer suggested having a entrance right across the street there with a light and La Quinta conditioned them to bring their entrance down here off of 49t' and put the light there and that's where their 50% of the ah, cost of the traffic signal is coming from, is from the developer. COUNCIL MEMBER GODFREY: Comment ah, while the gentleman is filling out his form - uh, in light of that Terry - the ah, our ah, zoning text and our agreement with, on the country estates indicates that Avenue 49 will forever remain rural ... from Monroe to Jefferson - so we're going to force a whole lot of people to use a rural street - there will not be street lights - there will not be curb and gutter or sidewalks - that's going to be a rural street - we've agreed to that already. Makes a huge difference when you start pumping all this traffic on it. MAYOR FESMIRE: We have a request by Richard Whist ... is it? Wheat (inaudible) RICHARD WHEAT: First of all, it's beyond me why the City of Indio got involved with La Quinta, especially with the great job their doing in their Village. Uh, L.I've spoken with Mr. Schilling and I've also ah, written a letter to the City Council. What I don't understand - one of the comments made was "it's unsafe to come out of Corsica 159 G.: 0 Indio City Council Minutes Page 12 June 20, 2001 Gate and make a left turn especially if you're going to have a recreational vehicle." Indian Wells RV Park is all recreational vehicles - now why should it be less dangerous to come out of there - that are totally recreational vehicles than it is almost no recreational vehicles coming over to Corsica Gate. One exception now - I... La Palmas - they do have an entrance onto 48. But the thing is, this traffic signal through the (inaudible) isn't anyone aware of the fact that there has already been work done at Corsica Gate - there has been underground conduits put in there - there's a box there - there's an above ground control panel already installed - two extra high light poles that they've installed. Um, where'd this money come from? And yet we're gonna now be given money to install one at 491 to accommodate Rancho La Quinta - we're gonna just through down the tube the money that was already invested at Corsica Gate for a signal? Something wrong. MAYOR FESMIRE: Thank you. I have no more requests to speak. Uh, Council? COUNCIL MEMBER GODFREY: I'll just conclude my remarks ah, I know ah, that staff has done ... doing some hard, long and good work on this, on this process for us and ah, as a result of all this work we may be forced with a liability issue. Ah, with the traffic study it opened that door. I can only point out that ah, twice a day, morning and night I drive Fred Waring Drive from my home on Madison to ah, City Hall in Palm Desert. And, between El Dorado and USA Homes - Burr Street, there are 14 opportunities, without a traffic light, to turn left on Fred Waring Drive - a six lane pavement, paved highway - traffic at 50 miles an hour, bumper to bumper. I don't know what the distance is or I don't know how far they are from traffic signals - I don't know any of that - but I counted and I made it a point to count 14 opportunities to turn left out of residential communities onto Fred Waring. Uh, we're setting a precedent here. Ah, I made it a point that Avenue 49 is forever going to be rural - it's a rural street - this is what we've agreed to. It'll be a two-lane, black -top and that's that - now are we going to cause traffic to turn left on 49 and cause that to be a traffic problem. So, ah, those are my ah, my ah, my points ah, ah, I do believe a traffic light at Corsica would be a..a solid mitigating issue. But ah, knowing that ... that my argument is going to probably come up short - I do want to point out these things - I think we may be creating a bigger problem than we have - so that's all I'm suggesting. That would be my remarks, Madam Mayor. MAYOR FESMIRE: Uh, anyone else? COUNCIL MEMBER LOPEZ: Yes, I'll... MAYOR FESMIRE: Mark... 160 0wliJ Indio City Council Minutes Page 13 June 20, 2001 COUNCIL MEMBER LOPEZ: Ben, I conclude with what you've said and I won't repeat it again - it's ... but I'd like the scale on Rincon - the streets in Rincon - would you put that back on. Lady brought out something very ... very important - to say that you have to take that exit at 49 - and it's true ... from ... from your north and your west section there, near the entrance - look at all the turns - that was not designed ever, to exit on 49. That's almost as an emergency exit - there's too many turns! I mean, it's going to cause problems - I have to put myself, if I lived there - against safety as we've heard. And yes, safety may be an issue but convenience also. With safety, combination - I think we can have a turn right into there. And if La Quinta has made an opening at 49' into the future project in La Quinta - when the tenant - I mean the ... the landlord wanted it at Corsica Gate - maybe that could still be mitigated. Too, I think we have to look at the lights at the Gate section there - at the turn - let's look at the lights as Ben said. But I do believe that 49, the exit on 49 was never intended to carry a major traffic from that neighborhood. And I'm not gonna say that it's because of those people that live there - their gonna have more traffic - but if you figure - even the people that don't live there - take out your turns that you're going to have to make to take 49 - it just doesn't make sense. I'm for left turn into Corsica and ah, they live in the City of Indio - it's a nice project - La Quinta would go to bat for their project - let's go to bat for our project. (applause from audience) MAYOR FESMIRE: Ah, Jackie, do you have anything... COUNCIL MEMBER BETHEL: I'm just going ... going to say ditto to everything that's been said. MAYOR FESMIRE: Ok, ah, let me ask - what is the status of ... of this ... of the ah, project at this point? MR. HAGEN: Well ah, at...at this point the City of La Quinta has been put on notice or a formal request I should say, to not make any disposition of this ah, particular question until this proceeding ah, went forward. Uh, if the Council should chose to ah, prefer that the left turn movements be retained, I ... I believe the correct action would be for us to formally notify La Quinta. I am not certain that they would be bound to re...respect that but I believe that they would. SCHILLING??/COUNCIL MEMBER WILSON??ATTORNEY??: Terry do you know ... they're really strong about the elimination of the left hand turn - we can ah, certainly ah, bring the ah, motion forward to them and ... and try. c�} Indio City Council Minutes Page 14 June 20, 2001 MR. HAGEN: So if the Council wishes to do this, and -...and indicates to ... to the staff, then we would give them formal notice that's it's the City's desire that the left turn movement be retained. COUNCIL MEMBER GODFREY: Is this an action item? COUNCIL MEMBER WILSON: Yes it is. COUNCIL MEMBER LOPEZ: Ah, Ben, before you make a motion (Godfrey attempted to interject here - inaudible) - ah, I ... I just had an idea - ah, would it be - this is just a suggestion, while the Council takes action - I'm sure it's gonna, it's gonna go through - ah, and if it's unanimous, if it's unanimous - (laughs) would it serve if these people in good numbers would go to La Quinta's Council and don't aggravate them, (laughter from Godrey) but ... but try to get 'em to listen - I'm just bringing this out - would .... would this help - I'm ... l'm just shooting in the dark. I ... I think it might. MAYOR FESMIRE: Ok, I think ah, it's - we're ready for a motion. COUNCIL MEMBER GODFREY: Well I think I'll try one then - and um, Madam Mayor, I would move that ah, we ah, recommend it to the City of La Quinta and to our staff that a traffic signalization be done at the Corsica Gate and a stop sign at Avenue 49, thus allowing left hand turns onto Jefferson from Corsica. MAYOR FESMIRE: Is there a second? (inaudible who made the second) MAYOR FESMIRE: We have a motion and a second - please vote. COUNCIL MEMBER LOPEZ: What ... and eh, and ah, pursue also 49 align - I mean, the financing, with ah, Mr. Allan from CVAG - I don't wanna... COUNCIL MEMBER GODFREY: Just... just transfer this... this... the funding to Corsica from 49' COUNCIL MEMBER LOPEZ: Oh, not having the signal there? MAYOR FESMIRE: (attempting to interject) That's the motion. COUNCIL MEMBER GODFREY: Not having the signal... Indio City Council Minutes Page 15 June 20, 2001 MAYOR FESMIRE: Right! COUNCIL MEMBER GODFREY: Changing the signalization from 49th to Corsica... COUNCIL MEMBER LOPEZ: I like ... I like the... MAYOR FESMIRE: Is everybody ... is everybody in agreement with us? COUNCIL MEMBER LOPEZ: Yeah! My second's on that. MAYOR FESMIRE: Alright! MR. HAGEN: Madam Mayor, could I make a comment before... before you do that - uh, the signal has - the signal at 491 for La Quinta's part has been conditioned on the developer - so that ... that money is not going to be available to build a signal at Corsica Gate and the developer will continue to be required to instate signal at 49" Street and that will have us on a (inaudible) of a dilemma in terms of resolving this question. BEN GODFREY: If we talk real, real nice to Corky Larson at CVAG, maybe she'll agree to the Corsica funding. I would amend my motion to ask her that. COUNCIL MEMBER LOPEZ: Second. MAYOR FESMIRE: Do I have an amended second? COUNCIL MEMBER LOPEZ: Amended second. MAYOR FESMIRE: Please vote. Unanimous. 163 100 Ci%is C'enier Mall P.O. Dra%rer 178s' India, . C.-\ 9_202 Tel: 760 . 3-12-6500 [ ax: 760 . 342-6»6 City Clerk Tel: 760 . 342-6581 Fax: 760 . 342-6597 City Manager Tel: 760 . 342-6580 Fax: 760.342-6597 Development Services Tel: 760 . 342-6541 Fax: 760 . 342_6556 Finance Tel: 760 . 342-6560 Fax: 760 . 342-5653 Fire Tel: 760 . 34 7-0756 Fax: 760 . 775-3710 Human Resource Tel: 760 . 342-6;4o Fax: 760.342-6597 Police Tel: 760 . 347-t�5121 Fax: 760 . 347-4317 Engineering/Building Tel: 760 . 342-6530 Fax: 760 . 342-6556 City Yard Tcl: 760 . 347-1058 Fax: 760 . 34 7-4190 Senior Center Tel: 760 . 347-j 1] Fax: 760 . 342-6557 ATTACHMENT 7 CC; "CK CITY OF INDIO June 25, 2001 Mr. Thomas P. Genovese City Manager City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Re: Rincon Norte left turn onto Jefferson Street Dear Tom: This letter is to confirm the City of Indio's request for providing a full turning movement at the intersection of Jefferson Street and Corsica Gate. This request is made in accordance with our City Council's decision after a lengthy public hearing during the City Council meeting of June 20, 2001. There will be no need for any modifications of the raised island already installed per approved improvement plans for Jefferson Street. In addition, the City Council has requested that the traffic signal proposed at Avenue 49 (which had received 75% funding approval from CVAG for incorporation into the Jefferson Street Project) be moved to the Corsica Gate entrance. CVAG has concurred with this change and will be incorporated into the current Jefferson Street Project. CVAG and the City of Indio have agreed to share in the funding (75% & 25% respectively) for this signal. Please proceed with this design change for the installation of a 3-way traffic signal at the intersection of Jefferson Street and Corsica Gate. Thank you for your cooperation in this matter. We are looking forward to working with La Quinta on the joint future projects. Sincerely, aro d li ling City Manager cc: Mayor and City Council {� Allyn Waggle, Deputy Executive Director for CVAG ✓�- / t.. GSM' :� ATTACHMENT 8 }'r'�'� F' P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 July 16, 2001 Harold Schilling City Manager, City of Indio 100 Civic Center Mall P.O. Drawer 1788 Indio, CA 92202 RE: Rincon Norte left turn onto Jefferson Street Dear Mr. Schilling: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 I have received your letter dated June 25, 2001 in regard to the above referenced subject. Although the City of La Quinta understands the request from the Council of the City of Indio, the left turn movement from the Corsica Gate onto Jefferson Street within the jurisdiction of the City of La Quinta can not be allowed. The full turn movement intersection, according to the City of La Quinta's General Plan Circulation Element, is required to be spaced a minimum of 2,600 feet apart. The placement of a signal to allow a full turn 3-legged intersection at the Corsica Gate would be in violation of the City's General Plan. This spacing has been provided in the General Plan to maximize safety for motorists on Jefferson Street and the adjacent developments. This also maximizes the mobility for the motorists utilizing Jefferson Street, which is a six lane major arterial. The approved traffic signal location at Avenue 49 is in compliance with the City's General Plan. Avenue 49 has been approved as a full turn intersection by both the Cities of La Quinta and Indio. Also, the development directly west of the Rincon Norte development (Rancho La Quinta) has been conditioned to place their entrance across from Avenue 49 to take advantage of the signalized intersection. The Rancho La Quinta developer has complied with this conditioning and has planned their development to utilize the Avenue 49 intersection. Residents at the Rincon Norte development have full access to Avenue 49, which is a planned signalized intersection. For these reasons, the City of La Quinta must respectfully deny the City of Indio's request for the full turn access at Jefferson Street at the Corsica Gate. The City of La Quinta regrets not being able to facilitate the request from the City of Indio; however, the decision is made for public safety. Thank you for your time and understanding in this matter. Sincerely, 7) Lij %6 r Thomas P. Genovese, City Manager C.C. The Honorable Mayor and Members of the City Council 1 v Chris A. Vogt, Public Works Director/City Engineer Allyn Waggle, Deputy Executive Director for CVAG .. .... ...,.....,.., .. D....e 1 nr 1 Sep-06-01 10:05am From-RUTAN & TUCKER LLP, T- ATTACHMENT 9 August 7, 2001 Mi-, Tcyiy 1 PZaDeu, F.E. public Works Di.rcclor City of Indio 100 Civic Colter mm, Indio, CA 92202 Subject: Dc?- Terre: Tefferson SrrcctlCorsica Gate Turning MovemenTs IN 20-3014,27 ng This Miter is in r�spon5e ;a the request of Thy Cily Aitomcy regthe Prui arding Ca d d_S'Zn proceSS far Turtur'g-mQYeme-rlTs rclaTcd To 1%- C intelsecl On of Jeffcl 'a SU"T ax1d (P-ixicon Project). RAF CotTsuluag was under conua.cT To The City of La Quiam for the preliminary and fina.1 design far Ihwiden*- of Jeffe_son S7eeT. Monthly Projeci Deyclopmc-nt Tcam Tlacctng5 wire CO ducted C: during the desii process To discuss issues xelaTd To zhc pto�ect. SiAce raiszd ri.cdiaos were to b construeTed-With The project, one of the issues discussedwaSrurniD ontoJefferson STreel from 1:h= v--LT ious Side roads. Dulim., the preliminuy design phase R$P depicted fne Cor-3ica Gate srreei To have full unrestricted turning m0vcm=5. Ii Via✓ desi_gncd in This IIlarmcL because p ,or to the p=oject Je ffc;Soa had a srriped mcdi:aa u th full urrcstrim:d access at Conica GaTe- ThC pzclimirlary dcsi_gnrepog Nv s submiiicdto T.hcProjecl Team fa_ rcvicw in T�vember 1993. ? he repo wMs finalized and s4brniacd a.s a a.al rcpor[ In 7anu�ry 19�9. �j.cmertTs from the repo � pockelS `sere Ch`_'�11f1Co:bGF�T�a i� i�cludang it:c 1�yo�G oftb� p�oposcd r��dic-is �`� �soni��ed Tt.LiT1 - The Q A etjviro-ameaTal documcn[, including the subjecT inlcrscclion full nzmlAg rnovcrnr;�T_ PLIblic hcz:Znas tivcri� +corducTad by Tbc City of La Quinta and ire envuon==Tal docuuicaz w adoptzd in March of 1999. S Drina this hearing process, I personally Taccived cads Flom one davelopers of Lhe Ri-ncoa DcVclnpmcnt, wanting 10 vanzy IbZ7 Lae current full turning xnave =: ,' lk,ould riot be madified, in which I rzspandfA iI is shOY17n a.4 a fL111 tau- move="- PLANNING r pF51rj y 11 CC14STRuCZTIMN 74 }10 n,flz*.�r 1 i a. Pr;-n Dosar, CA 424 tt 1 ■ 750 s:d 7.7 1 a FzA 7c a 3 2115 Qy A.;_Cf.3 b N"v3C3 P .-e- F(=; 16a 09-06-91 @a:59 RECEIVED FROM:+ P•04 Sep-06-01. 10:06am From-RUTAN & TUCKER LLP, T-948 P.05/08 F-065 In April �� COI, during consrmc� c)n of The proj cc, the city of La QuinTa rcquested TbzT RBF prcpare rcvi5edp]2ns alieTi.ug The prcojccr via a 1;urzt cve Corsica G21je onto sourhbo=4 leffersan STrcet. R.BF revisCd �he plaza as requested and submiued The revised plan To tic CW S Con.s4-pcTion ManSgcr for a ConSrmctlou Cbaugc Order. 1,4 xespo ase To your question about CFQA, this design cbange! was prepared wiTbo1.1T a4dirion23 CEQA analysis bring perfo=ed_ Please e411 ruc if you have any gueslions or require eddiriond inf'a=atiou reldtcd to the desiee process foe the Jeffersaa STrcer Projcct. Si�cer�ly, Raben Ross, P_B. Vice P'csidcnt CC: tia! Shil1mg Amu Mo4&xmss► Sa.-sz Alhadcff' ChTTS VQ-G i, CiPY Of L4 Q14= Ti:\FDATA\3(31477\01,FIC \WP) 1AN Leaer.\ccarsic:i;:tm.wpd I , 16 6 09-06-01 09:00 RECEIVED FROM:+ P-05 Sep-06-01 10:06am From-RUTAN & TUCKER LLP, + T-948 P.06/08 F-065 kL33LUTION NO. 5342 h RESOLUTION OF THE CITY COUNCIL OF TH1r CITY OF INDIO, CALIFORNIA, APPROVING TENTATIV' SUBDIVISI01; MAP 24445 (Case TH 89-5-277); OA"ONT BUILDERS. r WHEREAS, on May 4, 1989, OAXMONT BUILDERS filed with the Department of Planning S Development an application for tentative subdivision map approval for 122 single family dwelling lots on property located on the northeast corner of Avenue 49 and Jefferson Street and being Assessor's t parcel NumUer 611-410-005; and WHEREAS, The City processed this case for environmental clearance as L+nvironmental Assessment 89-5-254 pursuant to the California Environmental Quality Act and State and City implementation guidelines; and WHEREAS, the City processed subject tentative map pursuant to the State Subdivision Map Act and the subdivision ordinance of the City of Indio; and WHEREAS, on August 9, 1989, the planning Commission conducted a duly advertised public hearing, reviewed staff reports, considered testimony both for and against the proposed tentative map, and concluded its proceeding with a recommendation for approval by Resolution 869; and WHEREAS, on September 18 and October 4, 1989, the City Council held a duly advertised public hearing An this case, heard testimony both for and against, received and reviewed the record of the Planning comanission, and concluded the proceedings_ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES: t z That Tentative Map 24445 is approved based on the following findings: 1 1. That Tentative Tract Map 24445 (Exhibit "A" attached hereto) be approved as modified by these conditions for two years unless otherwise extended by the City Council pursuant to State law and City subdivision regulations. 2. The Developer shall reconstruct Avenue 49 along the property frontage to 1.2' south of the centerline including curb, gutter, and a 5' wide sidewalk and connecting pavement. 3. The Developer shall make all required improvements on Jefferson Street which includes constructing median island,_ curb, gutters, sidewalk, connecting pavement, landscaping and street lights. 09-06-01 09:00 RECEIVED FROM:+ P-96 16 V Sep-06-01 10:06am From-RUTAN i TUCKER LLP, + T-946 P-0 /08 F-065 4, That the Developer shall provide a winimum Six foot wide automatically irrigated, landscaped strip along the project's Jefferson Street and Avenue 49 street. frontages. 5. That the Developer shall provide one tree (minimum 15 gallon size) every 35 lineal feet in the perimater landscaped area and one per lot on the interior of t:u site per City of lndio's street Tree YolicY- 6. That the Developer shall construct a 6' high (6' minimum interior height) decorative block wall around the perimeter of the project and along Street "A" per Exhibit "C". 7. That the Developer shall construct decorative block walls along the sideyard property line - adjacent to the street - of Lots 12, 30, 24, 25, 60, 59, 64, 69, 115, 116, 103, 104, 98, 108, 109, 122, 99, and 1 prior to the homes on these lots being occupied. 8. That the Developer shall construct decorative block Walls along the rearyard property lines of Lots 12, 13, 29, 30, 64, 63, 68, and 69 prior to the homes on these lots being occupied. 9. That all anterior streets shall be constructed to city standards. 10. That a lighting and landscaping maintenance district be estabcsbed for the purpose of maintaining the perimeter landscaping, common areas, irrigation, block Walls, and street lighting. 11. That the Developer shall construct retaining walls wherever elevational differences of 12" or greater occur, both within the site and in relation to adjoining parcels. That slopes between lots shall be less than ten to one on rearyards and sideyuds. 12. That the Developer shall submit a landscape plan to the Riverside County Agricultural commissioner's office. Proof of this submittal shall be furnished to the City during plan check. 13. That the Developer shall Submit grading plans to the City of Indio Public Works Department. 14. That the Developer shall retain surface runoff on site for a 100--year storm. 15. That Lot$ 53 and 75 shall have a minimum width of 75' when measured from 12' back of the property line. 16. That Lots 17 and 35 will be adjusted per City standards for lot width and size of lot. 11. That the Developer shall submit street names for Planning Commission approval prior to recordation of the Final Nip. 18. That if the proposed well site is accepted by the City the applicant shall provide a six foot high (interior dimension) decorative block wall around the site with access provided onto the cul-de-sac. 19. That the Developer shall gay all applicable school and capital .impact fees at the time of permit issuance. 20. That design review shall be required prior to the construction of any homes on the site. 21. That the Developer shall u dedicate Jefferson-wStreet lath sh ao 3 e determined by the City right-of-way on Avenue 49. 09-06-01 09:00 RECEIVED FROM:t P.07 y� y Sep-06-01 10:07am From-RUTAN & TUCKER LLP, + T-046 P.06/06 F-065 22. That in accordance with AS 3180 prior to the issuance of a grading permit the applicant shall prepare and submit a Written report to the Planning Director of the city of Indio demonstrating compliance with those conditions of approval and mitigation measures of this Tentative Tract Map which must be satisfied prior to the issuance of the grading permit. Prior to the issuance of A building permit the applicant shall prepare and submit a written report to the Planning Director of the City of Indio demonstrating compliance with those conditions of approval and mitigation measures of this Tentative Tract Map which must be satisfied prior to the issuance of a building permit. Prior to final building inspection approval the applicant most prepare and submit a written report to the Planning Director of the City of Indio demonstrating compliance with all remaining conditions of approval and mitigation measures of this Tentative Tract Map. The Planning Director may require inspection or other monitoring to assure such compliance. 23. The ultimate street improvement and right-of-way on Jefferson Street shall be determinaa by the City council after written verification is obtained from the Coachella valley rater District about the location and feasibility of relocating and/or paving over the irrigation line, and a recommendation is made by City staff. The ultimate right-of-way may exceed 57'. III That this Resolution shall be effective until October 4, 1991 unless extended by the City Council. PASSED, APPROVED, and ADOPTED this 4th day of October 1989, by the following vote, to wit: AYES: Councilmen Burrow, Fit2henry, Hunt, Lope2, Mayor Oakley NOES: None ABSTAIN: None ABSENT: None 1 p YK D. oAKLEy, Mayor City of Indio, California ATTEST: KARE DODA, City Clerk city of India, California 09-06-01 09:01 RECEIVED FROM + P.08 170 05 l.! 100 Civic Center Mall P.O. Drawer 1788 Indio. CA 92202 Tel: 760 . 342-6500 Fax: 760 . 342-6556 City Clerk Tel: 760 . 342-6581 Fax: 760 . 342-6597 City Manager Tel: 760.342-6580 Fax: 760 . 342-6597 Development Services Tel: 760 .342-6541 Fax: 760 . 342-6556 Finance Tel: 760 . 342-6560 Fax: 760.342-5653 Fire Tel: 760 . 347-0756 Fax: 760 . 775-3710 Human Resources Tel: 760 . 342-6540 Fax: 760 . 342-6597 Police Tel: 760 . 347-8522 Fax: 760 . 347-4317 Engineering/Building Tel: 760 . 342-6530 Fax: 760 . 342-6556 ATTACHMENT 10ITY OF e INDIO. AM272001 August 8, 2001 By facsimile and U.S. Mail Chris A. Vogt Public Works Director/City Engineer P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 Dear Chris: In response to your phone call today, requesting that the City of La Quinta and City of Indio jointly accelerate the design and installation of a Traffic Signal at the intersection of Jefferson Street and Avenue 49 . The City of Indio would only consider participating in funding and pursuing this if the Traffic Signal at the Corsica Gate (along with the necessary median restoration to the original design that allowed a left turn) was included. Please provide copies of the Jefferson Street Project Change Order Documentation that recently modified the Center Median and eliminated the left turn movement out of Corsica Gate. Also please provide CEQA documentation related to this change in the Traffic Circulation Element. We request this information based on the Freedom of Public Record Information Act. Also please remove the portion of Center Median on the City of Indio half of the street, that you recently installed by Change Order. Indio did not approve this Change . Order, nor was an Encroachment permit obtained. City Yard Tel: 760. 347-1058 Fax: 760 .347-4190 Respectfully, Senior Center Tel: 760 . 347-5111 Fax: 760.342-6557 Terry Hagen Public Works Director/City Engineer Cc: Hal Schilling Sam Alhadeff Tom Genovese Ir- 71 CVAG ATTACHMENT 11 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe - Cathedral City - Coachella - Desert Hot Springs - Indian Wells - Indio - La Quints - Palm Desert - Palm Springs - Rancho Mirage County of Riverside - Agua Caliente Band of Cahuilla Indians - Cabazon Band of Mission Indians Torres Martinez Desert Cahuilla Indians August 9, 2001 Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Tom: Thanks for faxing over the copy of the June 251 letter from the City of Indio regarding the traffic signal issue on Jefferson Street. I have searched through our files on that project but did not find the copy indicated as being sent from Indio. After reading the letter I understand how it could be interpreted that CVAG has contributed to the decision of where the traffic signal on Jefferson Street should be installed. As we discussed by phone, CVAG serves as the funding source for this project; we do not make engineering decisions. I recall from my recent telephone conversations with both Hal Schilling and Terry Hagen that I expressed my concurrence that CVAG would be responsible for up to 75% of the cost of a traffic signal installed as part of the Jefferson Street project, wherever the jurisdictions chose to install it. This presumes, of course, that the need for a traffic signal has been established through a warrant study, the jurisdictions want a signal installed and that alternative funding sources which would lessen CVAG's share of the costs, such as improvements required as a condition of approval, have not been arranged . I never intended for my comments to suggest that CVAG wanted any particular location for a traffic signal on Jefferson Street. I appreciate your alerting me to this matter and that this letter clan es the situation. If there is anything further you need, please contact me. Very truly yours, E Allyn S. Wagg e Deputy Executive Director xc: Hal Schilling, City Manager, Indio . Corky Larson, Executive Director, CVAG 7 73-710 Fred Waring Drive, Suite 200 - Palm Desert, CA 92260 9 (760)346-1127 - FAX (760) 340-5949 02 : 01 Pik FROM- T-375 ATTACHMENT 12 fW ■ ® F CONSULTING September 27, 2001 Mr. Chris Vogt, P.E. City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Subject: Jefferson Street/Corsica Gate Dear Chris: JN 20-3 01477 This letter is in response to your request regarding a clarification of my Opinions expressed during a recent meeting with the City Manager's of both Indio and La Quinta. At the meeting there was discussion regarding the feasibility of installing future traffic signals on Jefferson Street at both the Avenue 49 and Corsica Crate intersections. These two intersections are spaced 600 feet apart. Although two traffic signals could be installed and coordinated, I feel the intersection spacing is close when considering the design speed on Jefferson Street. Therefore it is my opinion that installing two traffic signals is not the best solution for the Jefferson Street corridor. Please call with should you have any questions or need additional information. Sincerely, Robert Ross, P.E_ Vice President H:\PD ATAt301477\OFFICE\wpwnN�Le[cerslcorsicagatc3.wpd Pt-ANNING i DESION S QQNSTRUQT1[3N171 74 410 Highway 111. Palm Desert, CA 92260,4114 ■ 760 346.7481 ■ Fax 760 346.8315 ofY,ce3 10caieg throvgnout California, Arizona & NeVam ■ www p8Fcom =PP-P 7 - =ACAI TNI 1 14: cW; TFI : 71,0-7 7 7- 7 1 SC NAME: PI IRI TC.' Wf1RKS P. P TO: FROM: DATE: SUBJECT: ATTACHMENT 13 MEMORANDUM Thomas P. Genovese, City Manager Chris A. Vogt, Public Works Director/City Engineer G� August 7, 2001 Jefferson Street/Corsica Gate Turn Movement Limitations The following information is to provide an approximate chronology of the occurrences that affected the change to the median island configuration as described above. Since much of this information was verbal, an actual date is not known. ♦ Early April, 2001: The City first became aware of the design mistake during the staking of the median at Corsica Gate. ♦ Mid -April, 2001: City staff (Public Works Director/City Engineer) • contacted the Public Works Director/City Engineer of Indio to inform Indio of the changes to the plan and the limitation of the left turn access from Rincon Norte to Jefferson Street. ♦ April 24, 2001: City staff sent a letter to RBF directing the changes to the plans so that construction may be completed in accordance with La Quinta's General Plan circulation element. ♦ April 26, 2001: RBF revised the plans. ♦ April 27, 2001: The plan revision was transmitted to Granite Construction. ♦ May, 2001: During this month further discussions of the changes were conducted between Indio staff and City of La Quinta staff. ♦ June 6, 2001: City of Indio's Public Works' staff stated public comments were made at the June 6, 2001 Indio Council Meeting regarding the left turn movements at the Corsica Gate. ♦ June 14, 2001: The City of Indio directed Ron Kranser & Associates (RKA) to complete an engineering study to determine the safety issues regarding a full turn access at the Corsica Gate. RKA completed a report dated June, 2001. 174 �r.�n..tr,rnT\eTAvv\x1 nnwAornncn1\illiiRn7 Wnii Pagel of 2 ♦ June 20, 2001: The City of Indio's staff presented the RKA report to the Indio City Council during the City's regular council meeting. Prior to the June 20, 2001 council meeting, the City of Indio's staff requested the City of La Quinta staff delay the Jefferson Street project until Indio staff completed their presentation to their City Council. ♦ July 24, 2001: The median island changes commenced on Jefferson Street fronting the Corsica Gate. ♦ August 2, 2001: The City's surveyor on Jefferson Street re -staked the survey for the median at Corsica Gate per the revised design completed by RBF. ♦ August 3, 2001: Granite Construction placed the revised curb per RBF's redesign. In discussion with Terry Hagen, Public Works Director/City Engineer for the City of Indio and Amir Modarressi, Deputy Public Works Director, City of Indio, they both admitted to the City of La Quinta's staff that they were informed of the changes to the best of their recollection in April or May, 2001. Mr. Ross also stated that the full turn access was designed for Corsica Gate from the very beginning of the design process, and he did not recall any request to provide the access. Mr. Amir Modarressi of Indio stated he believed a number of residents contacted RBF and requested that their full access would be maintained with the new construction. CAV/dk T•\Pwr)FPT\RTA FF\VOGT%MemosO I \010807.vwd Page 2 of 2 T4,!t 4 0 4 Q" AGENDA CATEGORY: BUSINESS SESSION: 5 COUNCIL/RDA MEETING DATE: October 2, 2001 CONSENT CALENDAR: ITEM TITLE: Consideration by the City Council of a Resolution of Inducement to Facilitate the Application by DC & TC, LLC. for 4% Low and Moderate Income Housing Tax Credits to Develop an Affordable Senior Citizen Rental Apartment Project at the Northwest Corner of Jefferson Street and Avenue 48 and Pertaining to the Agency's Provision of Additional Financial Assistance to the Project RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of Inducement of the City Council that facilitates the application by DC & TC, LLC for 4% Low and Moderate Income Housing Tax Credits; authorizes the Mayor and City Manager to execute the necessary documents; authorizes the City Manager to issue up to $8 million in tax exempt financing to service the construction and permanent financing needs of the Miraflores Senior Apartments; pay the $300.00 filing fee; and direct staff to amend and schedule a public hearing on the amended Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and DC & TC, LLC to facilitate project financing through the 4% Low and Moderate Income Tax Credits. FISCAL IMPLICATIONS: This action would result in the expenditure of $300.00 for the California Debt Limit Allocation Committee (CDLAC) application fees. This expense will be funded from funds appropriated for this project. If the Agency Board approves the proposed Amendment to the Affordable Housing Agreement, the Agency would need to fund an additional $3.5 million for this project. These funds would be derived from the Project Area No. 1 and Project Area No. 2 unallocated Housing Fund revenue. BACKGROUND AND OVERVIEW: The City Council approved an Affordable Housing Agreement on November 21, 2000 that facilitated the construction of 118 senior apartment units in the Miraflores neighborhood. This Agreement provided that the Agency would fund up to $6.0 million G:\WPDOCS\ccjhMiraFResolnduc.wpd 176 or 39% of the $15.5 million of development costs to generate 118 senior units affordable to very low and low income households. These units would remain affordable to these households for 55 years. The developer, DC & TC, LLC proposed to fund the remaining $9.5 million of development costs through a combination of private financing, developer equity, and 9% Low and Moderate Income Tax Credits. The 9% Tax Credits were slated to fund $6.6 million or 70% of the $9.5 million. DC & TC, LLC applied for the 9% Tax Credits during the Spring 2000 round. Their application earned 149 out of a possible 153 eligible points. However, they did not receive a tax credit allocation. The only project to receive tax credits in Riverside County was a 166 unit family housing development in Palm Desert. DC & TC, LLC desires to apply for 4% Tax Credits. The Agency Board reviewed their proposal on September 18, 2001 and directed staff to proceed. The 4% Tax Credit applications are due on October 4, 2001. In order to apply, the application must include a Resolution of Inducement that indicates that the Agency approves applying for the 4% Tax Credits, and that the Agency will facilitate the issuance of up to $3.0 million in tax exempt financing (secured by project rents). Agency facilitation means that the Agency will allow its tax-exempt status to be used to issue tax exempt financing for this purpose. If the Agency Board elects to approve the Resolution, then all documents will be completed on October 3rd, and the application will be submitted by 4:00 p.m. on October 4th. Further, a TEFRA (Tax Equity and Fiscal Responsibility) hearing must be held by November 2, 2001. Finally, the Affordable Housing Agreement Between the Agency and DC & TC, LLC must be amended to include provisions applicable to the 4% Tax Credits, and to increase Agency assistance from $6.0 million to $9.0 million or $80,508 per unit. This Agreement Amendment will also require a public hearing. The prior round of 4% Tax Credits was under subscribed in that there were 4% Tax Credits and tax exempt bond allocations left after all, projects were funded. Further, projects that were awarded credits earned 60 to 70 points. Based upon 4% Tax Credit Guidelines, DC & TC, LLC believes that this proposal will receive 104 points. If 4% Tax Credits are received, then funding activities would occur in December 2001. The 4% Tax Credits and Agency assistance will facilitate unit rents that are affordable to very low and low-income senior households. These units would remain affordable for a 55-year period. Approving the Resolution authorizes the issuance of up to $8 million of tax exempt financing. These funds will be used initially to underwrite 50% of the construction costs. Approximately $5 million of this amount will then be paid off and $3 million will remain as permanent financing. In order to start this process, the Resolution must be submitted as part of an application that requires a $300 application fee. The recommended action will authorize the issuance of the bonds when needed, authorize the execution of the appropriate document, and payment of the filing fee. 177 G:\WPDOCS\ccjhMiraFResolnduc.wpd Approving the use of 4% Tax Credits would facilitate the development of additional affordable units that will assist the Agency in meeting its housing production obligations. The Agency currently has 501 of a needed 1,798 units in place. This proposal would increase the inventory of covenant -restricted units by 24%. FINDINGS AND ALTERNATIVES: 1. Adopt a Resolution of Inducement of the City Council that facilitates the application by DC & TC, LLC for 4% Low and Moderate Income Housing Tax Credits; authorizes the Mayor and City Manager to execute the necessary documents; authorizes the City Manager to issue up to $8 million in tax exempt financing to service the construction and permanent financing needs of the Miraflores Senior Apartments; pay the $300.00 filing fee; and direct staff to amend and schedule a public hearing on the amended Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and DC & TC, LLC to facilitate project financing through the 4% Low and Moderate Income Tax Credits; or 2. Do not adopt a Resolution of Inducement of the City Council that facilitates the application by DC & TC, LLC for 4% Low and Moderate Income Housing Tax Credits; authorizes the Mayor and City Manager to execute the necessary documents; authorizes the City Manager to issue up to $8 million in tax exempt financing to service the construction and permanent financing needs of the Miraflores Senior Apartments; pay the $300.00 filing fee; and direct staff to amend and schedule a public hearing on the amended Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and DC & TC, LLC to facilitate project financing through the 4% Low and Moderate Income Tax Credits; or 3. Withhold approval and provide staff with alternative direction. Respectfully submitted, Je y HermPn Cqknmunity Development Director Approved for submission by: rX I �' /�� Thomas P. Genovese, Executive Director G:\WPDOCS\ccjhMiraFResolnduc.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA INDUCING THE DEVELOPER TO UNDERTAKE THE ACQUISITION AND DEVELOPMENT OF THE PROJECT AS HEREIN DESCRIBED, AUTHORIZING APPLICATION TO THE CALIFORNIA DEBT LIMITATION ALLOCATION COMMITTEE FOR ISSUANCE OF PRIVATE ACTIVITY BONDS FOR THE PROJECT, DECLARING THE AGENCY'S OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF INDEBTEDNESS, AND CONFIRMING THE CITY COUNCIL'S APPROVAL OF THE PROJECT WHEREAS, the La Quinta Redevelopment Agency ("Agency"), pursuant to a resolution adopted therefor, entered into that certain Affordable Housing Agreement, dated on or about December 20, 2000 ("Agreement"), with DC & TC, LLC or its successor ("Developer") for the development of an affordable 1 18-unit senior citizen rental apartment complex to remain affordable for a period of 55 years (the "Project") located in the City of La Quinta ("City"); and WHEREAS, concurrent with the Agency's approval of the Agreement and the Project described in the Agreement, the Agreement and the Project described therein were also approved by the City Council of the City ("City Council") by adoption of a resolution approving the Agreement pursuant to the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.), in particular Health and Safety Code Section 33433; and WHEREAS, the purpose of the Agreement and the Project is address the need for housing available for very low income and low income senior citizens; and WHEREAS, by and through their respective approval of the Agreement, the Agency and the City Council approved the Project; and WHEREAS, the Agreement provides for assistance by the Agency to the Project in the form of a long-term subordinated loan to be repaid from project revenues; and WHEREAS, Developer intends to apply for 4% Low and Moderate Income Housing Tax Credits; and WHEREAS, Developer has also requested that the Agency or the City consider the issuance of certain tax-exempt bond financing in a principal amount not less than $8,000,000 but not more than $9,000,000, pursuant to applicable provisions of federal law and federal income tax regulations to assist in the development of the Project (the "Bonds"); and WHEREAS, it is in the public interest and for the public benefit that the Agency and City declare their respective approval of the use of 4% Tax Credits for the Project and the City's official intent to assist the Project through the issuance of the Bonds if such bonds are not issued by the Agency. G:\WPDOCS\ResolnducCC.doc 179 Resolution 2001- Resolution of Inducement Adopted: October 2, 2001 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta resolves as follows: 1 . The City Council previously approved the Project and in conjunction with the Agency is undertaking the necessary steps under the California Community Redevelopment Law, in particular Health and Safety Code Section 33433, and subject to the exercise of the City Council's legislative discretion pursuant to the California Community Redevelopment Law, to increase the Agency' assistance by an additional $3,500,000, for a total amount of subordinated long-term debt assistance to the project of $9,500,000 by amendment of the Affordable Housing Agreement. 2. The City hereby approves of the application for 4% Tax Credits. 3. The City, subject to all applicable requirements and procedures and if the Agency does not or is not eligible to issue the Bonds, intends to issue the Bonds in an amount not less than $8,000,000 but not more than $9,000,000 for the purpose of paying a portion of the costs of developing the Project. 4. The City declares that a portion of the proceeds of the Bonds, not exceeding the issuance amount may be used for reimbursement of expenditures for the acquisition and development of the Project that are paid before the date of initial execution and delivery of the Bonds, all in accordance with applicable law. 5. The Developer shall be responsible for the payment of all present and future costs in connection with the issuance of the Bonds, including but not limited to any fees or expenses incurred by the Agency in anticipation of the issuance of the Bonds, the cost of issuing any official statement, rating agency costs, bond counsel fees and expenses, underwriting discount and costs, trustee fees and expenses, and the cost of printing the Bonds. The payment of principal, redemption premium, if any, and purchase price and interest on the Bonds shall be solely the responsibility of the Developer. The Bonds shall not constitute a debt of the City. 6. The City shall have the right, in its sole discretion, to select bond counsel, underwriter, disclosure counsel, and other professional consultants of its choosing in connection with the issuance of the Bonds. The fees and expense of bond counsel and any professional employed by the City in connection with the issuance of the Bonds shall be paid solely from the proceeds of the Bonds or directly by the Developer. 7. The City Manager is hereby authorized and directed, for and in the name of and on behalf of the City to (i) make an application to the California Debt Limitation Allocation Committee for an allocation of private activity bonds for the financing of the Project, (ii) pay the application fee for the application submittal to the California Debt Limitation Allocation Committee, and (iii) take such actions as necessary pertaining to the Certification of Posting of Required Performance Deposit. 8. The adoption of this Resolution shall not obligate (i) the City to provide G:\WPDOCS\ResolnducCC.doc 180 Resolution 2001- Resolution of Inducement Adopted: October 2, 2001 financing to the Developer for the acquisition or development of the Project or to issue the Bonds for purposes of such financing; (ii) the City or any department thereof, or the La Quinta Redevelopment Agency or any department thereof, to approve any application or request for, or take any other action in connection with, any environmental, General Plan, zoning, or any other permit or other action necessary to effectuate the Project. 9. The City hereby approves of and memorializes the public approval process set forth in the pertinent subsections of 26 U.S.C. § 147. 10. This Resolution is approved expressly for the purpose of satisfying the requirements of federal law with respect to issuance of the Bonds and for the purpose of inducing the Developer to undertake the acquisition and development of the Project. 1 1 . It is the desire of and intent of the City that if the Agency is ineligible to issue the Bonds that the Bonds be issued by the City. 12. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of October, 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 G:\WPDOCS\ResolnducCC.doc do REPORT/INFORMATIONAL ITEM: / COMMUNITY SERVICES COMMISSION MINUTES July 9, 2001 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Council Chambers of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Rebich led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Michele Boudreau Commissioner Joan Rebich Commissioner Victoria St. Johns (Chairperson) MEMBERS ABSENT: Commissioner Mike Davis STAFF PRESENT: Dodie Horvitz, Community Services Director Terri DeTamble, Community Services Secretary II. PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of May 14, 2001 B. Monthly Department Report for April 2001 It was moved by Commissioners Rebich/Bechard to excuse Commissioner Davis from this meeting. Unanimous. It was moved by Commissioner Rebich/Bechard to move Commissioner Item, Emergency Preparedness Presentation up on the agenda to just before VI. Business. Items. Unanimous. It was moved by Commissioners Bechard/Rebich to approve Consent Calendar as submitted with changes to the minutes as noted. Unanimous. V. PUBLIC HEARING VI. COMMISSIONER ITEMS Mr. John Hardcastle, Community Safety Manager, City of La Quinta gave a presentation about the City's Emergency Preparedness Program. He explained the City's current plan as well as some of the future plans. The City has purchased two insulated and refrigerated storage containers to store perishables. They are located at the City Yard and are stocked with different supplies and potable water. A filtration system is available which will filter up to 2000 gallons of drinkable water. 125 hard hats and 144 pairs of work gloves have been purchased. Also available are some promotional items such as a Home Emergency Plan and Trivial Pursuit cards for kids, with the theme of emergency preparedness. Plans for the future include installation of a telephone alerting system which will allow contact with specific streets and neighborhoods. Also being considered is a fireproof safe for Finance materials, such as checkbooks, which would be needed in an emergency. The City will be purchasing a couple of radio analyzers which will discharge the radios and recharge them at a predetermined time so the batteries don't die. There is SACommunity Services\CSComm\minutesCSC\CSCMIN.07-09-Ol.wpd 18� that the plans seem very comprehensive. VII. BUSINESS ITEMS A. Election of Chairperson Community Services Director Horvitz opened nominations for Chairperson. Commissioner Rebich nominated Commissioner St. Johns. Commissioner Bechard moved to close nominations. Commissioner St. Johns was unanimously appointed Chairperson. B. Election of Vice Chairperson Chairperson St. Johns opened nominations for Vice Chairperson. Commissioner Bechard nominated Commissioner Rebich. Commissioner Boudreau moved to close nominations. Commissioner Rebich was unanimously appointed Vice Chairperson. C. August Meeting Date After a brief discussion about an August meeting date it was moved by Commissioners Boudreau/Bechard to go dark in August. Unanimous. D. Youth Workshop Format Commissioners St. Johns/Rebich gave a brief overview of the Subcommittee meeting with Mr. Matt Bug, from La Quinta High School. Mr. Bugg said he would be willing to host the meeting every other month agt the high school, and the City will host it every other month. The meeting place will always be at the High School. The subcommittee will meet with the high school Leadership group starting in September. It was moved by Commissioners Rebich/Boudreau to approve the new Youth Workshop format. Unanimous. VIII. CORRESPONDENCE AND WRITTEN MATERIALS A. Community Park Plans Ms. Horvitz gave the Commission an update on the Community Park Plans. It is anticipated that plans will be 50% complete by August. The environmental reports should also be done on the lights and the sound and the plans will then move on to the Planning Commission. The working drawings will hopefully go to bid in November. It is anticipated that all plans will be reviewed at the Planning Commission meeting on August 28, and Community Services Commissioners are invited to attend. When the Planning Commission report is complete Ms. Horvitz will provide all Commissioners with a copy. IX. COMMISSIONER ITEMS Commissioner Rebich commented that she was unable to attend the last CVAG meeting, and requested a report on the Animal Campus. Ms. Horvitz stated that she did not attend and will get a report from Tom Hartung, Director of Building and Safety. Commissioner St. Johns reported that she had recently returned from Se uim, very small, however, everyone participates in activities held at the Community Center. The f This town is b the kids, Y facility is used y their parents and their grandparents. It's open in the evenings as well. Commissioner Boudreau asked if it would ever be possible to have such a centralized facility in the City of La Quinta. Ms Horvitz explained that she believes the Council feels that all such activities and services are offered throughout La Quinta at the various facilities such as the Boys and Girls Club, the Senior Center, the parks, etc. A Community Center would simply replicate what already exists and is not in the City plans for the near future. SACommunity Services\CSComm\minutesCSC\CSCMIN.07-09-01.wpd 183 002 Horvitz explained that she believes the Council feels that all such activities and services are offer ed throughout La Quinta at the various facilities such as the Boys and Girls Club, the Senior Center, the parks, etc. A Community Center would simply replicate what already exists and is not in the City plans or the near future. X. ADJOURNMENT It was moved by Commissioners Bechard/Boudreau to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 7:45 p.m. NEXT MEETING INFORMATION September 10, 2001 7:00 PM La Quinta Civic Center Study Session Room SACommunity Services\CSComm\minutesCSC\CSCMIN - - 18 4 .07 09 Ol.wpd 6 REPORT/INFORMATIONAL ITEM: 1 CULTURAL ARTS COMMISSION MINUTES July 26, 2001 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Dan Baxley Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) MEMBERS ABSENT: Commissioner Denise Diamond STAFF PRESENT: Dodie Horvitz, Community Services Director Terri DeTamble, Secretary II. PUBLIC COMMENT - None III. CONFIRMATION OF AGENDA Community Services Director Horvitz requested that Business Item D be moved up on the Agenda to Item C. IV. CONSENT CALENDAR A. Approval of Minutes of June 21, 2001 B. Art in Public Places Financial Report for June 2001 C. Monthly Department Report for May 2001 It was moved by Commissioners Reynolds/Loudon to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Election of Chairperson Community Services Director Horvitz opened nominations for Chairperson. Commissioner Reynolds nominated Commissioner Shamis. Commissioner Shamis was unanimously appointed Chairperson. B. Election of Vice Chairperson Commissioner Shamis opened nominations for Vice Chairperson. Commissioner Shamis nominated Commissioner Reynolds. Commissioner Reynolds was unanimously appointed Chairperson. C. Friends of The La Quinta Senior Center Mr. Bob Alcala, President of the Friends of The La Quinta Senior Center requested approval for a mural SACommunity Services\CAComm\CACMIN.07-26-Ol.wpd 185 to be painted on the back wall of the stage at the Senior Center. He explained that the mural would incorporate images of the old La Quinta Hotel on the left side of the wall, on the right side would be the new Civic Center and in the center the hotel fountain with the mountains as a backdrop. The La Quinta Arts Foundation recommended artist Susan Evans who has painted a mural at the La Quinta Resort. and at a grammar school in Indio. Mr. Alcala spoke with Susan Evans who also recommended having some of the seniors who take watercolor and painting classes at the Senior Center assist with the mural. He is waiting for Susan to return from a trip, to discuss the cost of the mural. The anticipated deadline for the mural is December 2. The Friends of the La Quinta Senior Center will be holding its second annual open house and members meeting on that date and this would be a perfect venue for the unveiling of the mural. The Friends would like to hang a semi -permanent, lightweight curtain in front of the mural while it's being painted. Commissioner Shamis commented that she is delighted that the Friends of the Senior are working on this project. She requested that Mr. Alcala bring a sketch of the proposed mural to the next Cultural Arts Commission meeting so that the Commission could review it. Commissioner Reynolds also requested a sketch at the next meeting. She also stated that she would like to go over to the Senior Center to take a look at the stage wall where the proposed mural would go. She asked Mr. Alcala if the mural would be visible at all times. Mr. Alcala responded that it would be visible at all times, however, if a group was using the Senior Center and preferred not to have the mural as a backdrop, the curtain could be pulled. Commissioner Loudon commented that she liked the idea of the mural. Commissioner Baxley asked if the issue of the mural had been referred to this Commission because the Senior Center is City property. Director Horvitz replied yes. He asked if the mural would be permanent. Mr. Alcala responded yes. Commissioner Baxley asked if this Commission had ever previously approved a mural. Director Horvitz responded that a tile mural had been approved at the carwash on Hwy. 111. Commissioner Baxley asked what would happen if a future Commission or the City decided that they wanted to make changes to the mural at some point in time. Director Horvitz explained that once the City adopts the donation by Resolution, the donation becomes City property. If it is determined by the City that the mural needs to be refurbished or if it outserves its original purpose, then it is the City's responsibility to do as they see fit with the property. Director Horvitz explained that no public funds will be used towards the cost of the mural. All costs will be assumed by the Friends of the Senior Center. Mr. Alcala stated that the Friends of the Senior Center would be responsible for any maintenance required to the mural. It was moved by Commissioners Baxley/Renolds to approve the concept of the mural at the Senior Center, while awaiting the sketch which will be presented at the next meeting. Unanimous. D. Point Happy Art Piece Commissioner Shamis gave a brief background for the new Commissioners, regarding the Point Happy Art Piece project. She also asked Ms. Valerie Miller, the consultant for the project, if this proposed art piece is one of a kind or if the artist has created others pieces which are the same. Ms. Miller replied that the proposed art piece is being created specifically for the City of La Quinta. She also gave a presentation with regards to the information and revisions requested by the Commission at the July 26 meeting. She provided a drawing of the art piece and its size in relationship to the setting, as well as an alternate design for the shape of the water feature. Ms. Miller explained the new concepts and changes. She also explained the cost of the art piece is increasing due to the changes. The length of the water feature is now 50 feet long. SACommuni Services\CAComm\CACMIN.07-26-01.w d Commissioner Shamis asked what the dimensions of the piece will be. Ms. Miller answered that the piece would be six feet high on top of the pedestal. Ms. Miller stated that she would prefer seven feet. Commissioners Shamis/Reynolds agreed that seven feet would be preferable. Commissioner Baxley asked for an explanation of the Art In Public Places program. Ms. Horvitz explained the Art In Public Places ordinance. The funds can only be used to purchase public art which is accessible to everyone. Funds can also be used to pay for maintenance of the art piece as well as amenities to the surroundings of the art piece. An artist must produce a one of a kind art piece, it cannot be commercially produced. There is a pool of $262,000 in the APP fund at this time. The Commission and City Council just approved the La Quinta Court Art Piece to be paid for out of this fund, but there are no other expenditures anticipated out of this fund in the near future. Commissioner Baxley asked if the art piece would become City property. Ms. Horvitz answered that anything paid for out of the APP funds becomes City property. There will be a 25 year commitment from the developer to keep this art piece as is on the property. Commissioner Baxley asked what the expected date of completion is for the property. Ms. Miller answered that it would take approximately three to four months for the artist to complete the project. Commissioner Baxley asked about the process of approval and what impact the timeline of the art piece's completion would have upon the development. Ms. Horvitz explained that the Commission makes a recommendation regarding the art piece, the recommendation is presented to the City Council at the next meeting. The developer may wish to have the piece completed by the time the development is ready to open, however, that may or may not be possible, based on several issues such as the City's timeline as well as the artist's timeline. Commissioner Loudon stated that she felt the new plan was very effective and very much liked the concept as presented although she questioned what the final cost would be. Ms. Horvitz questioned where the entrance and exits would be and how this would affect foot traffic. Ms. Miller explained that there would be no problem with pedestrians crossing any driveways. Commissioner Baxley stated that he liked this second concept as presented, but was concerned about the cost. He stated that he would be more comfortable if there was a reasonable price cap attached to the art project. It was moved by Commissioners Baxley/Reynolds to approve a price cap for the art piece at $100,000, and to approve the Point Happy Art Piece modifications presented. Unanimous. E. Temporary Donation and Acceptance Agreement Application Ms. Horvitz explained that the attached form has been previously approved by the City Council. There is an artist requesting a change in procedure as explained in section #6 on the form. He is requesting a little more time to remove the artwork because there may occasions where it would be difficult to adhere to the timeline, such as if an artist is out of the country. Where it states 21 days he is requesting that it state 60 days. Commissioner Baxley stated that the artist would have a total of 60 days if the section which states twenty- one (21) days is changed to read thirty (30) days, because the section before it allows an additional thirty (days) notice as well. It was moved by Commissioners Baxley/Reynolds to approve the changes to the form as discussed. Unanimous. SACommunity Services\CAComm\CACMIN.07-26-Ol.wpd 1/8 C103 F. List of Locations for Temporary Art Ms. Horvitz gave a background regarding this item. The Art in Public Places Commission and the Cultural Arts Commission determined locations where they felt that temporary art would be nicely placed. The issue at hand is whether we keep this priority list as has been established or to select a location based upon the piece of art work. By selecting a location based upon the size and scale of the piece, the Commission is providing greater flexibility in selecting a location rather than working from a list of prioritized locations. Commissioner Shamis commented that if changes are to be made then locations already prioritized should be re -visited. Commissioner Reynolds commented that as the City takes shape and changes, then priorities change as well. After some discussion, the Commission decided to take no action on this item. G. Cultural Arts Events Ms. Horvitz gave an explanation of this item for the new Commissioners. The Cultural Arts Commission has hosted cultural events in the past, the most recent being the "Arts and You" Symposium last November. One of the tasks identified in the Cultural Arts Commission Annual Work Plan is to provide cultural events. The Commission now needs to decide which event they would like to offer first. Commissioner Shamis explained that last year's symposium took a great deal of time and effort. This year the Riverside Arts Council, the California Council for the Arts and CALAA are all willing to bring information in support of the arts to the valley. The California Council for the Arts matches funds for the performing arts . The date of this year's symposium is tentatively set for November 3, 2001. The Mayor has indicated that he would be happy to have the City of La Quinta host this event. It was moved by Commissioners Reynolds/Baxley to approve the November 3, 2001 Symposium as a Cultural Arts Event. H. Fall CALAA Event No action on this item. I. August Meeting Date After a brief discussion about an August meeting date it was moved by Commissioners Loudon/Reynolds to go dark in August. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS Vill. COMMISSIONER ITEMS A. Ms. Horvitz stated that the City Council has requested to meet with the Commission on September 25, the time will be determined at a later date. Each year the Commission and the City Council meet to discuss the year ahead. B. Commissioner Loudon commented that she was very impressed with Ms. Miller and her presentation of the Point Happy Art Project. C. Commissioner Shamis mentioned three dates of importance for the Alliance. October 29, there will be a Breakfast with the Media. If anyone is interested call Kathryn Hull at 771-1041. On November 11 there will be an American Indian Dance School performance. On December 6, there will be a dinner at the Ritz Carlton to give a Service Of The Arts Award to a deserving recipient. SACommunity Services\CAComm\CACIVIIN.07-26-Ol.wpd 188 C1104 D. Commissioner Shamis asked the Commission their feelings about the Commission issuing a proclamation to honor the La Quinta Arts Foundation. After a brief discussion it was moved by Commissioners Reynolds/Loudon to issue a proclamation to hono the La Quinta Arts Foundation. E. Ms. Horvitz asked if any of the Commissioners would be available or interested in being on the 20t' Anniversary Celebration Committee. Commissioner Reynolds nominated Commissioner Shamis. Unanimous. IX. ADJOURNMENT It was moved by Commissioners Loudon/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 9:05 p.m. NEXT MEETING INFORMATION September 13, 2001 7:00 PM La Quinta Civic Center Study Session Room Next agenda: • Artist Partnership Day • Cultural Arts Symposium bmitt#d by: eTamble, Cowfission Secretary 189 S:\Community Services\CAComm\CACMIN.07-26-Ol.wpd .C- U a�''`�•c DEPARTMENT REPORT: I _A 449&M v INCORPOMTED OF I TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Mana er 9 .IA 4 DATE: October 2, 2001 RE: Department Report — Response(s) to Public Comments The following is the response to public comments made at the September 18, 2001 City Council meeting: 1. Mr. Ray Alley, 9630 San Rafael, Desert Hot Springs, spoke regarding the need for better animal control throughout the Coachella Valley. • Mayor Pena encouraged Mr. Alley to speak to the City's Animal Control Department. Council Member Perkins mentioned that the City provides an effective animal control program, with 24/7 service, and explained why the City chose not to participate in the Valleywide Animal Campus. He added that the City charges $50 to license an unaltered dog, and the fine doubles if a dog is picked up a second time. No additional response was necessary. 2. Mr. Bob Cox, 78-315 Crestview Terrace, thanked Council Member Henderson for her comments regarding the height of buildings in the City, and commended Mayor Pena for his address at the Ceremony of Light held on Sunday, September 16, 2001. No additional response was necessary. 3. Peter (last name inaudible), 48-564 Gibraltar, Indio, spoke regarding the need for a full movement at Jefferson Street and Corsica Gate. • Mayor Pena advised that staff is working with the City of Indio on this issue and a report will be coming back to Council at the next Council meeting. 4. Mr. Rod Royer, 51-990 Avenida Juarez, spoke regarding a problem his neighborhood is having with the tenants of the property owned by Mr. Al 190 Pina at 51-984 Avenida Madero, and made a formal request to the City for assistance to resolve this problem. 5. Ms. Isabel Lujan, 51-975 Avenida Juarez, also spoke of the recurring problems with vandalism and harassment by the resident of the above - mentioned property. 6. Therese Gigon, 51-990 Avenida Madero, stated she lives next to the above - mentioned resident. She said that her garage has been fired upon with an AK47. She asked the City to take some action so she can live in peace. She also said she had erected a fence between her home and the subject property as a protection measure, and the City has cited her because the fence was not in compliance. She stated that she would be glad to remove the fence if something can be done about the situation in her neighborhood. • Mayor Pena referred the matter to staff. Staff is working with the Police Department to resolve this issue. 7. Barbara Barba, 48-806 Andorra Street, Indio, read a letter from Robert Stewart (48-641 Gibraltar, Indio) into the record regarding his opposition to the closing of the left -turn movement at the Rincon Norte development onto Jefferson Street, as well as the dangerous conditions on Jefferson Street due to the lack of proper signage. She also stated her personal opposition to not having a left -turn movement at the Corsica Gate, and her concerns about the flashing traffic signals at Jefferson Street and Avenue 48. 8. Jerry Barba, 48-806 Andorra Street, Indio, also stated his objection to the closing of the left turn movement from Corsica Gate. He questioned La Quinta's determination that the left -turn movement is unsafe and stated the City of Indio has agreed to install a traffic signal, if necessary, to allow the left -turn movement. 9. Dale Duranceau, 80-114 Barcelona, Indio, also spoke in opposition to the closure of the left -turn at Corsica Gate. He suggested reducing the speed limit on Jefferson Street between Avenues 48 and 49, and the possibility of emergency vehicles not being able to exit south onto Jefferson Street from the Rincon Development. • In response to Mayor Pena, City Manager Genovese confirmed that staff would present a report at the next Council meeting on recent meetings with the City of Indio. For clarification, he noted that a study conducted by the City of Indio determined the left -turn movement to be unsafe. He also confirmed that La Quinta has no control regarding the completion of work at Avenue 49 and Jefferson Street due to issues between the City of Indio and CVWD. 191 • City Attorney Jenson stated that La Quinta is working with CVWD regarding the L3 pump station, but the MOU between La Quinta, Indio, and CVAG requires Indio to acquire the right-of-way. • Public Works Director Vogt spoke with the Indio citizens, and discussed the history and reasons for the closure. He reiterated that Indio's study, completed by Ron Kranser & Associates, determined the left -turn movement to be unsafe. The citizens felt they were getting different stories from the Cities of La Quinta and Indio. Public Works Director Vogt suggested the citizens contact Mr. Allyn Waggle at CVAG for more information, as well as review minutes from the City of Indio's City Council meeting of June 20, 2001. 192 0 DEPARTMENT REPORT: .3- A OCTOBER 16 NOVEMBER 6 NOVEMBER 20 DECEMBER 4 DECEMBER 18 JANUARY 1 JANUARY 15 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 193 October 2001 Monthly Planner .. -. .. 2 3 4 5 .. 6 2:00 PM City 10:00 AM ALRC Council Meeting 7 8 9 10 11 12 13 10:00 AM Public Safety -Perkins 7:00 PM C.V. Mosquito Abate. 9:00 AM RCTC- Pena 12:00 PM Energy/ 12:00 PM Transp. -Perkins -Perkinsnvest- 7:00 PM Planning 5 Advisory Envi-Sniff :00 PM Cultural 7Arts 7:00 PM Commu- Commission ment Board Commission nity Services Meeting Commission 14 15 16 17 18 19 20 9:00 AM CVB- Henderson 3:30 PM Historic 2:00 PM City Preservation Commission Council Meeting 21 22 23 24 25 26 2 7 2:30 PM RCTC Budget Pena 7:00 PM Planning Commission 12:00 PM CVAG Human/Comm- 9:00 A M L Henderson- Meeting Adolph 4:00 PM DRRA Airp-Henderson 28 29 30 31 6:00 PM CVAG- Exec Com-Pena Se tember 3 Daylight Savings w S M T W T F S November S M T W T F S Time Ends Halloween 2 3 4 5 6 7 9 10 11 12 13 14 8 15 1 2 3 4 5 6 7 8 9 10 16 17 18 19 20 21 23 24 25 26 27 28 22 29 11 12 13 14 15 16 17 18 19 20 21 22 23 24 30 25 26 27 28 29 30 Printed by Calendar Creator Plus on 9/27/2001 194 November 2001 Monthly Planner 2 3 ctober S M T W T F S December S M T W T F S 2:00 PM Mayors Lunch 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 3 4 9 10 11 5 6 7 8 12 13 14 15 21 22 23 24 25 26 27 28 29 30 31 16 17 18 23 24 25 19 20 21 22 26 27 28 29 30 31 4 5 6 8 9 10 2:00 PM City 10:00 AM ALRC Council Meeting 12:00 PM Energy/ Envi-Sniff 7:00 PM Cultural Arts Commission Election Day 11 12 13 14 5 16 17 ILVeteran's Day on 7:00 PM C.V. Mosquito Abate. -Perkins 9:00 AM RCTC- Pena 3:30 PM Historic Preservation 7:00 PM Planning 5:30 PM Invest- ment Advisory Commission Veteran's Day Observed Commission Meeting Board (City Hall Closed) 18 19 20 21 22 23 24 9:00 AM CVB- Henderson 2:00 PM City Council Meeting Thanksgiving Thanksgiving Day (City Hall Holiday (City Closed) Hall Closed) 25 26 27 28 29 30 h 2:30 PM RCTC Budget -Pena 7:00 PM Planning Commission 12:00 PM CVAG" Human/Comm- � 1r 6:00 PM CVAG- Exec Com-Pena Meeting Adolph 4:00 PM DRRA Airp-Henderson" Printed by Calendar Creator Plus on 9/25/2001 195 December 2001 Monthly Planner 196 T a 0 4hf 4 4a a" COUNCIL/RDA MEETING DATE: October 2, 2001 Continued Public Hearing to Amend the Specific Plan to Allow Parking Lot Lighting Fixtures Instead of Bollard Lighting so as to Meet the City's Zoning Code Parking Lot Lighting Standards Applicant: La Quinta Arts Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 2000-042, Amendment #1, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council at its meeting of September 18, 2001, took public comment and continued the public hearing. Staff was directed to contract with a lighting consultant. This consultant was to work with the Laguna de la Paz Homeowners' Association lighting consultant and the Arts Foundation lighting consultant and assist staff in evaluating a possible resolution regarding parking lot lighting. The City has entered into a contract with Jim Benya, Benya Lighting Design, to provide consulting services as they relate to the parking lot lighting at the Arts Foundation site. A meeting was scheduled for Monday, October 1s' with lighting consultants from the City, HOA, and Arts Foundation to work toward a resolution. The results will be presented at the Council meeting. The La Quinta Arts Foundation Specific Plan 2000-042 was approved by the City Council in June 2000. The applicant, under the Specific Plan, is required to provide low vertical light bollards within all parking lots. G:\WPDOCS\cccdi Arts SP00-042.wpd 197 Q7 The applicant has subsequently determined that alternative lighting is necessary to meet the City's Zoning Code requirements. City staff, Arts Foundation representatives and the Homeowners' Association Board members of Laguna de la Paz met on August 23, 2001. A presentation was given by the lighting consultant who then answered questions. Project Request The applicant has filed a request to amend the Specific Plan to allow 18 foot high parking lot light fixtures in place of the bollard lighting. The reason for this amendment is that in completing the parking lot lighting plan, the applicant's lighting consultant determined and demonstrated to City staff that the originally proposed bollard lights could not meet the City's lighting standards (Section 9.150.080(K)(8)). The Specific Plan Amendment proposes changes only to Page 27 of the document (Attachment 1). The section on bollard lighting would be deleted, and new language inserted which allows the installation of 18 foot high lighting standards with light fixtures having flat lenses. In accordance with the mitigation measures, the proposed light standards will be located a minimum of 50 feet to the north of the Laguna de la Paz boundary. The fixtures will also be shielded so as to eliminate possible light glare and spillage onto the residential structures at Laguna de la Paz. A photometric study has been prepared, as well as a narrative description, titled "Site Lighting Comparisons", which demonstrates that the proposed parking lot lighting fixtures maintain an average footcandle of 1 .16 within all parking areas and 0.02 at the Laguna de la Paz property line (Distributed at the September 18, 2001 City Council meeting). The bollard lighting maintained zero footcandles at the property line and provided an average footcandle of 1.09, but did not provide adequate minimum to maximum lighting ratios to ensure safe pedestrian and vehicular traffic in the parking lots (i.e., there were hot spots and dark areas). Planning Commission Action The Planning Commission at its August 28, 2001 meeting (Attachment 3), reviewed and unanimously recommended approval of the modification to the Specific Plan allowing the 18-foot high light standards. Public Notice This application was advertised in the Desert Sun newspaper on August 16, 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. Letters received in regards to the request were distributed to the City Council at its meeting of September 18, 2001. G:\WPDOCS\cccdi ArtsSP00-042.wpd 198 Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. FINDINGS AND ALTERNATIVES: The findings necessary .to approve this request can be made, and are included in the attached Resolution, with the exception of the following: Finding 1 - Land Use Compatibility The proposed Amendment is compatible with adjacent properties, insofar as lighting levels will be only 0.01 foot-candle at the property line. However, with regard to reducing visibility of the light standards, staff is recommending the light fixtures are painted a brown color to blend in with the mountains to the west of the site (Condition 2). The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Specific Plan 2000-042, Amendment #1, subject to the findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council approving Specific Plan 2000- 042, Amendment # 1; or 3. Remand the applications back to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted, r Christine di lorio, Panning Manager Approved for submission by: r Mark Weiss, Assistant City Manager 199 003 G:\WPDOCS\cccdi Arts SP00-042.wpd Attachments: 1. Specific Plan 2000-042 Document 2. Planning Commission Minutes of August 28, 2001 200 - I RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO ALLOW 18 FOOT HIGH LIGHTING STANDARDS IN PARKING LOTS ON THE WEST SIDE OF WASHINGTON STREET, BETWEEN 47TH AND 48TH AVENUES. CASE NO.: SPECIFIC PLAN 00-042, AMENDMENT #1 APPLICANT: LA QUINTA ARTS FOUNDATION WHEREAS, the City Council of the City of La Quinta, California, did on the 18th day of September, 2001, hold a duly noticed Public Hearing for the La Quinta Arts Foundation for review of a Specific Plan Amendment to allow 18 foot high lighting standards within the parking lots on 28.33 ± acres located on the west side of Washington Street, between Avenues 47 and 48, more particularly described as: APN 643-090-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28th day of August, 2001, hold a duly noticed Public Hearing for the La Quinta Arts Foundation and unanimously approved a Specific Plan Amendment to allow 18 foot high lighting standards within the parking lots on 28.33 ± acres located on the west side of Washington Street, between Avenues 47 and 48; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said Specific Plan Amendment: 1. The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports the development of the proposed project. 2. The proposed Specific Plan Amendment is compatible with the City's Zoning Ordinance in that it implements the City's lighting standards. 3. The proposed Specific Plan Amendment will not be detrimental to the public health, safety and welfare, as it will provide a safe environment for drivers and pedestrians. 4. Development of the proposed Specific Plan Amendment is compatible with the parcel on which it is proposed, and surrounding land uses along Washington Street. 201 G:\WPDOCS\CCResoArtsAmd. wpd City Council Resolution 2001- Specific Plan 2000-042, Amendment #1 La Quinta Arts Foundation Adopted: September 18, 2001 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby determine that the Specific Plan Amendment is within the scope of Environmental Assessment 2000-394 and no further environmental review is required; and, 3. That it does approve Specific Plan 2000-042, Amendment # 1 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of September, 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 202 G:\WPDOCS\CCResoArtsAmd.wpd CITY COUNCIL RESOLUTION 2001- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2000-042, AMENDMENT #1 LA QUINTA ARTS FOUNDATION SEPTEMBER 18, 2001 1. The applicant 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. This indemnification shall include any award toward attorney's fees. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. 2. The applicant shall specify on the lighting plan that the light fixtures will be brown in color to blend with the adjacent hillside and the light fixtures shall be a maximum of 18-feet in height. 203 - 007 G:\WPDOCS\CCResoArtsAmd.wpd La Quinta Arts Foundation Specific Plan 2.0 DEVELOPMENT PLAN 2.1 Project Description The following are the potential activities and levels of attendance: Outdoor Museums and Sculpture Galleries t • Outdoor museums and galleries. • Outdoor Sculpture Gallery. • Picnic grounds. j • Outdoor arts classes: painting, drawing, and sculpture. Foundation Building ATTACHMENT #1 Pending future construction, hours of office operation will be 7:00 A.M. to 10:00 P.M. daily; Programming and events 7 A.M. to 12:00 midnight daily. • Gallery shows and art exhibits. • Classes, lectures, seminars, workshops, training sessions, children activities. • Revenue producing events in support of LQAF mission. • Daily administrative business. • Volunteer workers. • 40 gallery events and 135 educational events estimated annually. • Ongoing classroom events. • Artists studios/galleries. Outdoor Festival Grounds Events to be held on the outdoor Festival Grounds will be consistent with LQAF mission, including arts and crafts, literary, collectibles and culinary events. Except as provided below, all events requiring time for "set up" and "break down" activities in the Festival Grounds shall conform to the City's hours for construction activities, as stipulated in the noise ordinance (Municipal Code Section 6.08.050). The facility will be open to the public between 8:00 A.M. and 12:00 midnight, including Sundays and holidays, except for major and medium events, when "break down" time shall be allowed until 10:00 P.M. "Break down" for the public health and safety, in the event of an emergency, will be allowed outside of the hours specified above. • Major events (5 estimated annually): Lasting up to 4 days averaging 9,000 attendees per day. • Medium events (5 estimated annually): Lasting up to 2 days averaging 5,000 attendees per day. • Minor events (25 estimated annually): Lasting 1 day with up to 5,000 attendees. 204 20 009 June 20, 2000 Warner 21 June 20, 2000 La Quinta Arts Foundation Specific Plan The "Terraces" Events to be held in the Terraces will be consistent with LQAF mission, including concerts, recitals, opera, theater, dance, cinema and Shakespeare productions. Attendance will be between 8:00 A.M. and 12:00 midnight. • Major events (5 estimated attendees per performance. • Minor events (40 estimated per performance. Native American Memorial annually): Lasting up to 4 days averaging 2,400 annually): Lasting 1 day averaging 2,400 attendees • Tour and field trip destinations providing education and awareness of Native American culture. The Foundation shall, within 10 days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are planned in that quarter to the Community Development Department, to ensure compliance with the events list in this section. 2.1.1 The Site The project site area consists of one 28.33 acre lot of record (APN 643-090-024) with located along the west side of Washington Street, a major arterial, at the northwest corner of the terminus of Avenue 48 with a north -south site frontage along Washington Street of approximately 1,400 feet, with an average east -west lot depth of 880 feet, not including the Artists' Parking Lot located in the southwest portion of the site. Washington Street is currently a 4-4ane divided street, planned for widening to a 6 lane landscaped boulevard with limited access. The site consists of rolling sand -swept slopes and is bordered along the north side by undeveloped lands belonging to St. Francis of Assisi Roman Catholic Church. Adjacent to the south side of LQAF site is the Laguna de la Paz development, a residential development of single-family detached homes. On the east side of Washington Street, opposite the project site is the Lake La Quinta residential development and undeveloped lands that LQAF understands may be under. consideration for construction of a medical center. The existing topography of the site generally consists of sloping sand deposits adjoining the adjacent undeveloped rocky hills in the parcels to the west (Santa Rosa Mountains), with rocky, steep vertical rises that characterize the backdrop to this property. 2.1.2 Site Plan The project is proposed for construction in phases, subject to the schedule as presented later in this document in Section 6.0, "Phasing and Implementation." The following rwV 010 �Vft nef engrtiew ng June 20, 2000 22 La Quinta Arts Foundation Specific Plan presents descriptions of the various aspects proposed in the development of this site (Reference Exhibit 2-A): View of the Site from Washington Street Two bi-directional drive approaches are proposed from Washington Street each restricting motor vehicle entry to right-in/right-out." The main entrance/main approach is situated a distance of approximately 580 feet north of southproperty drive line with a secondary entrance located approximately25 feet so the south property south of the north property line. The view of the overall site from the street is expected to be characterized z undulating 4 foot landscaped berms adjacent the public right-of-way with rued by perimeter trees situated occasionally alonga meandering g Y canopies of g public walk across the entire frontage. Limited visibility of parked cars in the General Parking Lot will be achieved since the finish grade for the General Parking Lot will be depressed approximately 2 to 3 feet (for storm water retention purposes) below the center of Washington Street, when combined with the perimeter landscape berms along Washington Street. With the Santa Rosa Mountains serving as a backdrop to the property, the average building ad elevation (88.0') for the future Foundation building, as determined bythe average existing elevations, will result in a building pad elevation of approximately28 feet above the parallel portion of Washington Street (The existing elevations ran between 10 to 55 feet above Washington Street). g To commemorate individuals, organizations, participating vendors, and corporate sponsors of events taking place at LQAF site, their names and/or logos will appear on festival banners, the placement of which shall be subject to the Banner Plan discussed above. The festival banners will be vertically hung, and attached to tall decorative poles placed at regular intervals inside of the property line along the Washington Street frontage. The banners will consist of bold, contrasting colors and materials, and will coordinate with the intensity, colors and architectural theme of the future Foundation building and LQAF site in general. Festival poles adjacent to the Washington Street frontage will have a uniform design and a height not exceeding 30 feet, and placed at regular 200 foot (or more) intervals, placed no less than 100 feet from adjoining property lines north and south, with vertically hung decorative festival banners not exceeding rty square feet each. g 20 Main Drive Approach The *40 foot wide main drive approach into the site will accommodate two-way vehicle traffic, parallel parking on each side of the street, with meandering sidewalks on each side of the main drive aisle separated by generous landscaping. The main drive approach connects east from Washington Street westerly to the main Outdoor Sculpture Gallery. Both pedestrian and vehicle traffic entering the site will observe a transition from the public street of contrasting decorative pavement equal) leading ,possibly stamped colored concrete (i.e. "Bomanite° ore q ) g into the site from the main drive approach that convey a quality image with a sense of greenness, openness and order. Outdoor Sculpture Gallery that the main drive approach connects toThe main will serve as a , zos 011. 'Warner engneerin9 La Quinta Arts Foundation Specific Plan passive public neighborhood park area that will remain accessible to the public when access to other areas of the site are blocked for security purposes when those portions of the site are not in use, or when use is restricted during scheduled events. The City's General Plan Park and Recreation Policy Diagram map and Open Space Policy Diagram map designates a conceptual location for a neighborhood park in the general vicinity located west of LOAF site. This proposed passive park on LOAF site will essentially function in fulfillment with the general objectives of a neighborhood park as specified in the General Plan. As per City development standards, crossbars, stop signs, and other directional signs will be installed as traffic control devices to accommodate traffic exiting the site. Occasional bunches of palm trees will colonnade the entrance area that conveys a sense of "celebration." The entry elements will be visually connected and flow with the perimeter landscaping and the meandering sidewalk. In addition to the paralleling y bunches of palm trees, placement of occasional sculptural pieces with intermixed picnic tables and benches will flank the main entrance leading to the ticket building to further enhance the integrity of LQAF's mission objectives and a sense of "arrival" accompanied by generous desert hardy landscape berms. To greet visitors to the site, a decorative permanent monument sign will be placed near the main entrance adjacent the Washington Street frontage. Alternatively, in lieu of the monument sign, similarly designed permanent entry signs identifying LOAF site may be mounted on the decorative walls that flank each side of the main entry drive, incorporating an average 20 foot depth if a meandering wall design is approved. The project identification signage will thematically be reflective of the future Foundation building architecture, as detailed further in Section 7.6 of this Specific Plan. On -site promotion of LOAF events will utilize decorative festival banners announcing upcoming and ongoing events on LOAF site, and will be used year-round to accommodate various events. Banners will be tie -attached to corresponding palm trees that colonnade each side of the main drive approach and stretch above the main entry drive lanes and throughout other portions of the site less visible from the Washington Street frontage, or attached to buildings. The total number of temporary banners and signs proposed are specified earlier in Section 1.2.2.4 of this Specific Plan. Secondary Drive Approach This 36 foot wide approach starts a distance of approximately 25 feet south of the north property line connecting to a 36 foot wide curvilinear private street that generally borders the north and west perimeters of the site, with a sufficient width that accommodates parallel parking without interfering with two-way traffic. Specific to this portion of the street, the street has a meandering design so as to minimize direct visibility of the continuing street ahead. This two-way street serves as a perimeter road and accesses the northern portion of the General Parking Lot, the VIP Parking Lot, the future Foundation building site, and ultimately the Artists' Parking Lot located at the southwest portion of the site. As a transition from Washington Street, contrasting 207 012 23 June 20, 2000 Warner en9reein9 La Quinta Arts Foundation Specific Plan pavement similar to that found at the main entrance will be installed at this entrance. On -street parking on the perimeter road that the secondary approach turns in to will accommodate parking on one side of the street so as to not encumber two-way vehicle traffic. Internal Circulation The project circulation network is composed of a logical hierarchy of two-way roads, ranging from 40 feet at the main entry, 36 feet at the secondary (northerly) entry that accommodates parallel parking and 36 feet for both the main north -south road extending west of the General Parking Lot that also accommodates similar parallel parking (north of the main entry), and the 36 foot wide perimeter road leading west to the Artists' Parking Lot that also accommodates parallel parking. The conceptual grading plan includes typical cross -sectional drawings for the internal roadways. All internal roadways and sidewalks connecting to the various functional sections on the site will be paved asphalt or concrete, and' as noted above, will restrict on -street parking in a parallel parking arrangement on the right side only. This arrangement will provide approximately 178 parallel parking spaces on the internal roadways, and another 43 parking spaces (parking to meet specific Americans with Disabilities Act requirements not calculated, but designed to accommodate) at the cul-de-sac terminus of the perimeter road east of the Artists' Parking Lot. Although not specifically calculated, the on -street parallel parking of oversized vehicles or recreational vehicles that occupy greater vehicle lengths, "will result in fewer on -street parking spaces. Both entries and all roadways are designed to accommodate two-way traffic. The main drive approach conveys traffic primarily to the two general parking areas (General Parking Lot), but also leads past the roadway that borders the west side of the General Parking Lot connecting to the circular drop-off area and the valet parking area. The 36 foot wide secondary approach turns into a winding curvilinear perimeter road accommodating all types of vehicles entering into the site and parallel parking. This road also accesses the main visitor parking area and continues westerly in a curvilinear manner, with the road gently rising as it approaches the location of the future Foundation building site and future adjacent parking lot, and continuing in a southward direction and connecting to the Artists' Parking Lot where the road terminates into a cul- de-sac. This drive also serves as the vehicle access route to drop-off individuals with physical disabilities, to the food staging area and other facility spaces for service deliveries, and vehicle turn -around located south of the future Foundation building_ site. Blue retro-reflective pavement markers will be mounted on private streets, public streets, and driveways to indicate the location of fire hydrants, and prior to their installation, placement of all markers will be subject to approval by the Riverside County Fire Department. Two separate sets of decorative metal gates are proposed along this drive to restrict access to either the future Foundation building or to the Artists' Parking Lot. The first set of gates is located at the easterly start of the drive leading to the future Foundation building site, and the second set of gates is located immediately past the future 208 24 013 June 20, 2000 _=1Alat7'1et' z engneenng La Quints Arts Foundation Specific Plan Foundation building site. When closed, the first set of gates will preclude vehicle access to both the future Foundation building and the Artists' Parking Lot. When the first set of gates is open, but the second set of gates is closed, only vehicle access to the Artists' Parking Lot will be blocked. In both instances, provisions have been made to accommodate vehicle turn -around without jeopardizing safety. To accommodate site security, placement of the gates will effectively preclude unauthorized access to either the future Foundation building, or to the Artists' Parking Lot. Until construction of the parking lot for the future Foundation building, a temporary 100 foot diameter turn -around area immediately before the gate by the future Foundation building will be installed. Upon completion of the future parking lot for the Foundation building, the parking lot layout will facilitate through traffic that is blocked due to the closed gate, therefore eliminating the continuing need for the temporary turn -around area. All gates on -site will be equipped with Knox boxes, or equivalent, to the satisfaction of the Fire Department. There is a 14 foot deep, 250 foot long bus turn -out area located along the west side of the main north -south road just west of the northern portion of the General Parking Lot. As referenced in the "Festival Grounds" description later in this section, a permanent trash enclosure is proposed to be constructed adjacent the southern portion of the 250 foot long bus turn -out area. This location accommodates generous unobstructed access to the trash enclosure, with flat concrete paving for rolling -out the trash bins for unloading into the disposal pick-up vehicles. The primary entrance to the future Foundation building will be via the perimeter road that wraps around the site from the northern Washington Street entrance leading to the west side of the site connecting to the parking lot that will serve the building. Accessibility to the Terraces (as well as the future Foundation building) will meet ("Americans with Disabilities Act") accessibility compliance with the overall site circulation plan accommodating movement both to and on the site. Pending future construction of the Foundation building parking lot that will be ADA compliant, the parallel parking is proposed for one side of the western perimeter drive in the vicinity of the future Foundation building will temporarily accommodate parking opportunities for individuals with physical handicaps to access top portions of the Terraces (as well as lower portions of the Terraces via the VIP Parking Lot), also meeting ADA accessibility criteria. General Parkin: Lot The General Parking Lot consists of two lots that are divided by the main entry road, providing a total of 968 parking spaces, including bus and recreational parking. The main entry road leading east from Washington Street west to the Outdoor Sculpture Gallery and the box office divides the General Parking Lot. The total space available in the south portion of the General Parking Lot accommodates up to 349 cars and 619 in the north portion of the General Parking Lot. These parking areas are depressed approximately 2 to 3 feet below Washington Street for storm water retention. In 25 June 20, 2000 Warner en9ff emn9 La Quints Arts Foundation Specific Plan contrast, the perimeter landscape areas fronting Washington Street are bermed approximately 4 feet high with extensive landscaping, therefore helping reduce visibility of the parking lot. To mitigate parking lot noise, the south perimeter landscape area of the General Parking Lot only (adjacent Laguna de la Paz) will also be bermed between 3 to 4 feet. The General Parking Lot adjacent Washington Street propose the use of treated native subbase or optionally the use of decomposed granite ("DG") as the parking lot surface to facilitate storm water percolation purposes. Section 4.0 s "Drainage/Flood Control" of this Specific Plan presents details on specific commercial soil stabilizers proposed for application over the General Parking Lot surface to minimize dust and to create a firmer surface without interfering with anticipated storm water percolation rates. The design and location of these parking lots with the water retention capabilities facilitate the site's overall design, No parking will be permitted on Washington Street at any time. LOAF will work closely with the City in monitoring any parking problems that may arise during major events, and will cooperate with the City in implementing any additional restrictions or conditions through the minor use permit process. Since the General Parking Lot will be used during most major events at LOAF site, LOAF volunteers and professional parking attendance services will be present to direct arriving and departing traffic into and from the DG parking surface. LOAF will ensure that all activities of its traffic control officers are coordinated with the City Police Department. Traffic control officers will be employed by LOAF during all events occurring at the Terraces, with traffic control officers stationed at the intersection of Washington Street and Avenue 48, and Washington Street and Avenue 47 before and after each performance. Working with the City, LOAF will assist City efforts to monitor the need for traffic control officers during other major events, which may result in the use of such officers through the minor use permit process. In order to minimize noise impacts on the adjacent Laguna de la Paz residential development, for all events LOAF will first fill the northern portions of the General Parking Lot prior to opening for use the southerly portion of the General Parking Lot. "No Overnight Parking" signs will be posted within all parking areas. City parking standards normally specify a minimum 19 foot depth and a 9 foot width for perpendicular parking spaces with an additional 2 foot in width for "end" parking spaces and a 28 foot back-up area for double parking row access. Due to the parking assistance provided by LOAF volunteers, professional parking attendants, and volunteers and staff of other event holders, LOAF proposes an 18 foot parking depth, a 24 foot back-up drive area, but maintaining City parking requirements for 11 foot wide end parking stalls. It is anticipated that the traffic directing assistance provided for the General Parking Lot will present a safer parking environment as a departure from the traffic patterns customary in a commercial shopping center during the winter holidays. Raised concrete landscape median islands will be installed along the east side of the north -south road that serves as the western border of the General Parking Lot. Similar median islands will be installed parallel to the above median islands within the eastern portion of the General Parking Lot. To sustain healthy growth for planted trees, shrubs, and groundcover materials, the landscape medians will be connected to a water irrigation system. All parking lots will include landscape areas, to be built to City 210 o15 26 June 20, 2000 �1A1ar11er Tz engff)ewin9 La Quinta Arts Foundation Specific Plan standards. The site development permit applicant will include immediate landscaping of all row ends upon construction and, subject to a specific phasing plan provided by LQAF to the Community Development Department for approval, will include installation of landscaping along the parking rows. Upon City approval, the phasing plan will be implemented by LQAF in a timely manner. In addition to the basic traffic control function they will serve, the median islands will contain parking lot shade trees that will be equipped with low wattage fluorescent "up" light fixtures or similar fixtures that will be attached to tree trunks. It is anticipated that these lights will gently reflect light downward onto the parking lot areas as reflected from the under -tree branch canopy areas while minimizing any unnecessary glare, also serving as a festive decorative feature. As applied to parking lots, Section 9.100.150 of the La Quinta Zoning Code requires a minimum uniform 1 foot candle foot. In addition to the "up" light fixtures noted above for the purpose of specifically meeting the City's minimum parking lot lighting requirements, low intensity lighting on permanent light standards and fixtures meeting City standards, are proposed for placement within the parking lot median islands. To greatly minimize the discomfort and disability glare at adjacent properties, such as the adjacent Laguna De La Paz residential development and nearby hillsides, lighting fixtures shall utilize vertical lamp reflector systems that offers sharp cutoff of lighting at a mounting height of 18'. Lighting fixtures shall utilize flat lens and house side shields as required. Since the General Parking Lot serves a dual storm water retention purpose, the bases for all ground -mounted light fixtures will be subject to occasional flooding that will cover the bases. Accordingly, the bases will be permanently mounted and sealed in a manner so as to not be affected by the surrounding retained water. Although it is anticipated that this parking lot lighting plan will provide sufficient lighting to provide adequate site safety for guests, LQAF volunteers, staff, and others attendants as assigned by LQAF will be available to direct traffic to the satisfaction of City public safety concerns. In order to achieve the minimum 50% tree canopy shade coverage, LQAF will comply with the requirements in Section 9.150. Pending construction of future permanent buildings, i.e. the Foundation building and the events headquarters building, a temporary 1,200 +/- square foot building module is proposed in the northwest corner of the south portion of the General Parking Lot to direct and to monitor site activities, as well as to coordinate fundraising efforts. The building exterior of the temporary module, that will serve as the temporary site development office, is anticipated to be similar in appearance as for shape and colors as the flat -roof classroom structures typically observed on many school campuses throughout the state. Placement of the temporary building module will comply with all applicable codes including ADA (Americans with Disabilities Act), building and fire department requirements. Placement of the temporary structure will be subject to City Community Development Department review for compliance with this Specific Plan as for specific placement, exterior elevations, and adjacent landscaping. In reference to M MN La Quinta Arts Foundation Specific Plan standards. The site development permit applicant will include immediate landscaping of all row ends upon construction and, subject to a specific phasing plan provided by LQAF to the Community Development Department for approval, will include installation of landscaping along the parking rows. Upon City approval, the phasing plan will be implemented by LQAF in a timely manner. In addition to the basic traffic control function they will serve, the median islands will contain parking lot shade trees that will be equipped with low wattage fluorescent 'up" light fixtures or similar fixtures that will be attached to tree trunks. It is anticipated that these lights will gently reflect light downward onto the parking lot areas as reflected from the under -tree branch canopy areas while minimizing any unnecessary glare, also serving as a festive decorative feature. As applied to parking lots, Section 9.100.150 of the La Quinta Zoning Code requires a minimum uniform 1 foot candle foot. In addition to the "up" light fixtures noted above for the purpose of specifically meeting the City's minimum parking lot lighting requirements, low intensity lighting on permanent light standards and fixtures meeting City standards, are proposed for placement within the parking lot median islands. neaFby hillsides, low vertiGal light bollaFds OF GOMpaFable height light -f;Aures NA.Fill be equipped with pFi&mat;G IeRses OF other devires that will diFeGt light . To greatly minimize the discomfort and disability glare at adjacent properties, such as the adjacent Laguna -De La Paz residential development and nearby hillsides, lighting fixtures shall utilize vertical lamp reflector systems that offers sharp cutoff of lighting at a mounting height of 18'. Lighting fixtures shall utilize flat lens and house side shields as required. LQAF will submit for City approval a parking lot lighting plan with either the site development permit or grading permit, whichever occurs first. Since the General Parking Lot serves a dual storm water retention purpose, the bases for all ground -mounted light fixtures will be subject to occasional flooding that will cover the bases. Accordingly, the bases will be permanently mounted and sealed in a manner so as to not be affected by the surrounding retained water. Although it is anticipated that this parking lot lighting plan will provide sufficient lighting to provide adequate site safety for guests, LQAF volunteers, staff, and others attendants as assigned by LQAF will be available to direct traffic to the satisfaction of City public safety concerns. In order to achieve the minimum 50% tree canopy shade coverage, LQAF will comply with the requirements in Section 9.150. Pending construction of future permanent buildings, i.e. the Foundation building and the events headquarters building, a temporary 1,200 +/- square foot building module is proposed in the northwest comer of the south portion of the General Parking Lot to direct and to monitor site activities, as well as to coordinate fundraising efforts. The building exterior of the temporary module, that will serve as the temporary site development office, is anticipated to be similar in appearance as for shape and colors as the flat -roof classroom structures typically observed on many school campuses throughout the state. Placement of the temporary building module will comply with all applicable codes including ADA (Americans with Disabilities Act), building and fire department requirements. Placement of the temporary structure will be subject to City Community Development Department review for compliance with this Speck Plan as for specific placement, exterior elevations, and adjacent landscaping. In reference to 27 - "i7 La Quinta Arts Foundation Specif<c Plan the phasing and implementation as presented in Section 6.0 of this Specific Plan, the temporary building module will be in place until construction of the permanent headquarters building. Festival Grounds The 4.4 acre Festival Grounds extend from the center of the project site to the south boundary of the property to accommodate up to 380 artists' spaces. The Festival Grounds will be surfaced with hybrid Bermuda grass, maintained via an automatic sprinkler systems, and replanted as needed. Temporary tent structures, averaging 10 to 12 feet in height, will be utilized by artists within the Festival Grounds to serve as individual display and sales areas. For LQAF and other activities on the Festival Grounds, the additional use of larger temporary commercial tent structures will be used. The finish pad level of the Festival Grounds is approximately 7 feet above the 69 Washington Street frontage. To minimize visibility of the Festival Grounds and to buffer and mitigate transient sounds from potential impacts on the adjoining Laguna de la Paz residential development from events taking place within the festival area, landscape berms of 7.5 feet in height above the existing Laguna de la Paz perimeter block wall are proposed along the south side of the Festival Grounds. The grading permit application will include analysis which clearly demonstrates to the satisfaction of the City that the berming will provide adequate site line interruption to effectively reduce noise impact. During evening events at the Festival Grounds, in order to minimize transient light illuminating the adjacent Laguna de la Paz residential development and the nearby hillsides, light sources will be angled downward and will not be located within 50 feet from the southern property line shared with Laguna de la Paz. A 6 foot high "living wall" is proposed around the Festival Grounds for security purposes and to restrict access for visitors through the ticket building area. The living wall will be t planted with vines or shrubs along a supporting 6 foot high chain link fence intended to convey the appearance of a continuous "living wall" to accentuate the natural setting in this proposal. The living wall around the Festival Grounds perimeter will direct attendees to enter and exit through the box office area. When entering past the Outdoor Sculpture Gallery and through the box office, foot traffic will be directed to either the Festival Grounds or to the Terraces. Fencing will also be installed along the west perimeter of the Festival Grounds that will be equipped with a series of decorative gates to accommodate artists' access into the Festival Grounds for the drop-off and pick-up of tents and items. Within the Festival Grounds area, power pedestals will be available to facilitate vendors' electrical power needs for the estimated 380 artists' spaces, thus eliminating the need for noise -producing portable generators. Pending construction of permanent restroom facilities within the Festival Grounds area, a prospective temporary restroom building location is shown on the site plan. The permanent location shows a freestanding building, approximately 1,500 square feet in size. The prospective location as reflected on the site plan is within the northeast corner of the Festival Grounds, located 213 0 .8 28 June 20, 2000 ?Warner en9ff7eenn9 La Quinta Arts Foundation Specific Plan approximately 420 feet north of the south common property line with the Laguna de la Paz residential development, with4he possibility that a second permanent freestanding restroom building may be needed dependent upon the level of activities on the site. Another permanent freestanding restroom building is proposed in the main entry area - connected to the permanent events headquarters building. Temporary bathroom facilities as well as permanent restroom buildings will be located a minimum distance of 300 feet from north or south perimeter property lines. The ultimate size of the restroom �- buildings, number of toilet and urinal stalls, and compliance with ADA (Americans with Disabilities Act) requirements will be based on Appendix "C' of the Uniform Plumbing Code ("UPC"). When totally built -out the site will contain three (3) groups of restroom - facilities in which one of the three will be contained within the future Foundation building. Based on UPC requirements, preliminary estimates provided LQAF by the Riverside County Environmental Health Department suggest a total of 21 toilet fixtures (13 for women, 4 toilets for men, 4 urinals for men, 1 each meeting ADA accessibility requirements) needed to accommodate a simultaneous attendance level of 1,200 and a total of 59 toilet fixtures (44 for women, 12 toilets for men, 13 urinals for men, and 2 each meeting ADA accessibility requirements) to accommodate a simultaneous _ attendance level of 9,000. Since the permanent bathroom buildings and facilities will be divided among three (3) locations, equates to approximately 20 bathroom fixtures per building. It is anticipated that at least two (2) of the three (3) bathroom facilities will be available for use when the annual LQAF Arts Festival or when activities at the Terraces are in progress, and if crowds are of sufficient size to warrant it, all three restroom facilities will be available. Based on 50 square feet per each of 20 bathroom fixtures per building will result in minimum restroom building square feet of 1,000 square feet. Therefore the 1,500 square feet noted on the site plan for each of the two freestanding bathroom structures, as a general estimate of size, shall be sufficient to meet minimum size requirements per each required bathroom fixture as per Uniform Building Code requirements. Until construction of the permanent restroom building, temporary restroom facilities will be placed on the site by LQAF (or other users) to facilitate the level of use anticipated for events, also restricting locations a minimum distance of at least 300 feet from the south property lines. The total number of restroom facilities setup will be dependent upon the anticipated attendance for the type of event planned. Placement of the temporary vendors' tents and temporary restroom facilities will be subject to compliance with customary building and fire inspections and subsequent requirements as established by the City of La Quinta, and until such time as permanent restroom facilities are constructed, all minor use permit applications will include a site plan which identifies the specific locations of all temporary restrooms. Additionally, public drinking fountains will be placed within accessible areas of the Festival Grounds and elsewhere on LQAF site reflective of the number needed to facilitate the level of attendance expected. Consistent with established LQAF recycling efforts, to accommodate trash that is accumulated during festival activities, recycle and trash bins will be located throughout the Festival Grounds area. These bins will be clearly identifiable, but understated so as to not dominate the ambiance of events. Bins 2-14 29 June 20, 2000 Warmer en9neenn9 La Quinta Arts Foundation SpecMic Plan will be placed for easy accessibility and use, utilizing plastic covers to prevent trash from blowing -out, and to minimize attracting flies and insects to the site. Accumulated trash, debris, and recycled items that are collected on the grounds will be gathered (as necessary to prevent overflow), and deposited in permanent trash enclosures, with the recyclables separated. Permanent trash enclosures will be situated within close proximity of the Festival Grounds and other areas of LQAF site, and designed to architecturally integrate with the style, colors, materials, and finishes of permanent buildings. Visibility of trash enclosures will be softened with screening provided by landscape shrubs and vines. The ultimate sizes of the trash enclosures and the frequency of garbage pick-up will be based on recommendations by the disposal - company to minimize health concerns and odors. For ease of access for pick-up of collected garbage and debris from the dumpsters located within the trash enclosures, the enclosures will be situated in easily assessable areas to accommodate large trash collection vehicles. The trash enclosures will be constructed according to City specifications with masonry block materials (architecturally integrated as noted above), six (6) feet high, and designed with decorative double sets of larger metal gates across the fronts with door swings that do not open into roadways, and remain locked, except for days scheduled for trash pick-up to prevent unlawful dumping. Consistent with LQAF's emphasis on recycling, portions of the trash enclosures will also serve as a consolidation area for recyclables that are regularly collected on the site from specially identified recycling containers. Since portions of the site will be gated and locked for security purposes when the site is not in use or due to ongoing off -limit events, either the disposal company will be provided access codes or keys, or LQAF groundskeepers will open the gates. The trash enclosures will be equipped with separate metal -gated man doors located to the side or rear of the trash enclosures to accommodate ease of access for hand -carried dumping of garbage bags, and to minimize any problems of wind blowing debris out of the dumpsters. The interior of the trash enclosures will include 8 inch high and 8 inch deep "Boston rails" intended to stop dumpsters from knocking interior trash enclosure walls. In front of the trash enclosures in areas that correspond to the large gate locations, 6 inch thick concrete aprons will be installed a minimum 10 foot depth so as to minimize damage from the weight of the dumpsters from gouging an asphalitic surface. For better integration into the site, dependent upon City Fire Department determinations, LQAF will attempt to design the trash enclosures so that they are physically connected to the permanent buildings if they are within near proximity of any permanent structures. Two (2) permanent trash enclosure structures are proposed on the site — one physically attached to the west side of the (permanent) bathroom building/events headquarters building within the main entry area, and connected to the future Foundation building, or within close proximity when constructed. These two locations were selected due to their (1) centralized location on the site, (2) their accessibility to the perimeter road for unencumbered access by large trash collection vehicles affording opportunities for easy turn -around, (3) in locations that would remain inaccessible to prohibit illegal dumping due to the perimeter road access gates being locked, and (4) their significant distance from the neighboring Laguna de la Paz. 215 020 30 June 20, 2000 �1Alarile!' en9 n9 La Quinta Arts Foundation Speck Plan As is customarily done by LQAF, paramedics and/or other trained personnel will be available on -site during all major events to accommodate resolution of any emergency or life -threatening situations and will comply with the special events requirements as specified by the Riverside County Health Officer. The overall LQAF site has been designed to accommodate ready -access to all areas and functions of the site. Ambulance or other emergency vehicle response will arrive at the main circular turn- around area that is in front of the Outdoor Sculpture Gallery that connects directly east to Washington Street via the main approach. The main circular turn -around area is within close access to the Festival Grounds via the box office building. An alternative emergency access route will utilize the perimeter road connecting from the Artists Parking Lot cul-de-sac along the west side of the future Foundation building and connecting to Washington Street. During periods of storms and resulting inundation or very wet conditions, the retention areas will be vacated. Artists' Parking Lot The Artists' Parking Lot is proposed in the southwest portion of the site facilitating approximately 261 vehicles. The available parking area for the artists' vehicles is approximately 72,000 square feet. Based on an approximate 275 square feet allocation per vehicle parked in close proximity to one another, provides space for 261 vehicles. This parking area is expected to facilitate most of the parking needs for participating artists, with abundant parking located elsewhere on -site within close proximity if needed. There are an additional 178 designated parallel parking spaces proposed along internal roads, including the east side of the perimeter road that cul-de-sacs to the Artists' Parking Lot, which is located immediately east of the Artists' Parking Lot. If, for any reason additional parking is needed, all parking throughout the site is available. Although parking for the Artists' Parking Lot is intended to be stacked similar to other parking areas elsewhere on LQAF site, LQAF volunteers and staff, and professional traffic directors will be available during the time of arrival by artists to direct arriving and departing artists' vehicles to help maximize available parking space. As applied to all parking areas and as noted in the General Parking Lot section above, the Artists' Parking Lot will have "No Overnight Parking" signs posted. Additionally, artists' vehicles will not be allowed to idle, or to operate generators. The 261 parking spaces as noted above for the Artists' Parking Lot were derived based on a parking layout, not shown on the site plan, that nonetheless maximizes the available parking and meeting the City's parking standards as close as possible. Although as noted earlier in this Specific Plan, the Festival Grounds will accommodate a total of 380 artist's booths. LQAF's extensive experience from previous annual LQAF Art Festivals reflect artists arriving together on the site in the same vehicle rather than in multiple vehicles. However, as already noted, if additional parking is required, 43 paved parking spaces will be available close by along the west side of the Festival Grounds and another 178 paved parallel spaces along the site's interior streets to accommodate any additional parking needs from the Artists' Parking Lot. Since this area will also serve as a storm water retention area, the Artists' Parking Lot will be depressed approximately 2 to 3 feet below grade (2 feet below the top of footing 216 021. 31 June 20, 2000 Warm engineering La Quinta Arts Foundation Specific Plan of the adjacent 6 foot high wall that serves as the northern perimeter of Laguna de la Paz). The 2 to 3 foot below grade difference will serve to minimize visibility of artists' vehicles and to mitigate sound with respect to nearby residents at Laguna de la Paz. Similar to the General Parking Lot, this parking area will use either a treated natural subbase or optionally utilize the same decomposed granite ("DG") parking surface as previously described in detail for the General Parking Lot, which is designed to accommodate high vehicle traffic areas to minimize dust while creating a firmer surface without interfering with anticipated storm water percolation rates. In order to illuminate the Artists' Parking Lot, LQAF proposes the use of light standards equipped with low intensity lighting elements meeting City standards situated as necessary to meet the minimum parking lot candle foot illumination as required by the City's parking ordinance. Consistent with other low intensity lighting to be used elsewhere on the site, lighting will be angled downward so as to not illuminate nearby properties, such as the adjacent Laguna de la Paz residential development and the nearby hillsides. Additionally, the landscape buffer area along the south side of the Artists' Parking Lot will be designed with substantial landscape berms where perimeter trees and shrubs will be planted, further reducing visibility of artists' vehicles. A cross -sectional study (Reference Exhibit 6) illustrates that even if no landscaping were installed within this area, that since the Artists' Parking Lot is depressed, there will be limited visibility of artists' vehicles from the rear yards of the adjacent homes at Laguna de la Paz. This area will primarily be accessed from a perimeter road extending from the secondary (northerly) drive approach from Washington Street. The location of the Artists' Parking Lot in a distant area of the site provides a higher level of security for vendors, artists' equipment and wares while accommodating close accessibility to the adjacent Festival Grounds located to the east of the Artists' Parking Lot. Outdoor Performance Venue (the "Terraces") An outdoor performance area, referred to as the "Terraces," with a 2,400 seating capacity occupying approximately 1.6 acres, is proposed south of the proposed Foundation building and west of the valet parking lot and drop-off area to be developed in conjunction with construction of the 4.4 acre Festival Grounds. The Terraces will extend approximately 25 feet above the center of the adjacent Washington Street, consisting of 7 grass -sculptured tiers with 6 of the 7 tiers rising approximately 3 feet (with a maximum 3:1 slope). The individual tiers will be deep enough to accommodate placement of tables and chairs. Access to the tiered Terraces seating will be immediately north of the box office entrance. The walking surface will be grass along each side of the arena to access individual tiers and to the VIP seating area to be located above the top seating tier that will also be accessed from the south side of the future Foundation building site. 217 022 32 June 20, 2000 Warner engineenrg La Quinta Arts Foundation Specific Plan As addressed above within discussion of the Festival Grounds, LQAF site has been designed to accommodate ambulance or other emergency vehicle access to all portions of the site. Consistent with a medical response plan that is coordinated with the Fire Department, LQAF will have trained staff present on LQAF site that can implement it to accommodate any medical emergencies that may arise. The availability and number of paramedics will be dependent upon the level of activities and attendance anticipated at event venues. Emergency paramedic access to the Terraces will be from the main Washington Street approach leading to the vehicle turn -around area in front of the Outdoor Sculpture Gallery or through the service delivery area along the east side of the outdoor Terraces, or, utilizing the perimeter drive approach that eventually connects to -. the Artists' Parking Lot, along the west side of the Terraces. Valet Drop -Off Area and VIP Parking Lot The Valet Drop -Off Area and VIP Parking Lot is located directly east of the Terraces separated by the loading/unloading area. This parking lot, which will be asphalt paved, will facilitate the convenience needs of visitors including visiting VIPs and most parking for individuals with physical disabilities. A total of 140 paved parking spaces are provided in the VIP Parking Lot. Access to the VIP Parking Lot will be from either of the two drive approaches into the site. After being dropped -off in the VIP Parking Lot, visitors will be able to access the Terraces to the west entering near the lowest portion of the Terraces. This pathway will accommodate ADA (Americans with Disabilities Act) accessibility requirements. When the future Foundation building is constructed, permanent paved walk access up from the VIP Parking Lot to the "Building Pad" will be installed. As noted above, handicap access to the finished pad of the future Foundation building will be possible from the western perimeter road utilizing, if needed, temporary ADA compliant parking spaces along the perimeter road near the top of the Terraces. As for parking space size in the VIP Parking Lot, since parking on this lot will primarily be valet assisted, LQAF anticipates that the 24 foot wide drive aisle to access opposite parking rows will be sufficient in lieu of the 28 foot drive aisle width as specified in the City's parking ordinance, that incorporates 11 foot wide end parking stalls as per City parking lot development standards. The parking space depth of 17 feet complies with the City's requirements for vehicles utilizing a continuous concrete curb as a wheel stop overhanging a sidewalk or landscape median. Similar lighting methods 'are proposed for the VIP Parking Lot as presented earlier in the Specific Plan for the General Parking Lot. "Terraces" Loading/Unloading Area This area is accessed through the valet parking lot and is located along the east side of the Terraces. The loading/unloading area is a drive aisle specifically created to facilitate ease of equipment drop-off and loading to the stage area for performances at the Terraces. A 6 foot high chain link fence planted with vines, similar to the living wa-A 33 June 20, 2000 Waamer I engneerng La Quinta Arts Foundation Specific Plan planned in the Festival Grounds area, is proposed along the west side of the loading/unloading drive aisle to screen the Terraces from activities in the VIP Parking Lot and the loading/unloading aisle, which may be distractive. Outdoor Sculpture Gallery An Outdoor Sculpture Gallery is proposed leading to the main pedestrian entrance to the ticket building area. Situated immediately adjacent and east of the box office, this reception area will accommodate a tree -canopy shaded passageway and waiting place for those entering the Festival Grounds or the Terraces. The area will be furnished with picnic tables and landscape benches to provide a tranquil environment for visitors J waiting to enter the grounds. A large collection of sculptural pieces of art will be concentrated within this area. It is expected that the sculptural pieces to be placed will be weather tolerant, with some placed on pedestals and others situated on the ground within the surrounding landscape areas. The placement outside of the box office will afford visitors the opportunity to view "close-up" work of local and visiting artists. As noted earlier regarding the main entry area, the Outdoor Sculpture Gallery will work in 1 conjunction with the main entry area as a passive public neighborhood park area that will remain as an accessible area for the public when access to other areas of the site are blocked for security purposes when these portions of the site are not in use, or when use is restricted during scheduled events. Consistent with the conceptual location for a neighborhood park within the general area of LQAF site as presented in the policy ti diagram maps of the General Plan Park and Recreation and the Open Space Elements, .. this area will essentially serve as a passive neighborhood park. Main Entry Area After passing through the main Outdoor Sculpture Gallery, guests will pass through the box office building into the main entry area. The main entry area is situated between 4 the Terraces to the north and the Festival Grounds to the south. The box office will be a freestanding building situated at the western perimeter of the Outdoor Sculpture Gallery and the adjacent circular turn -around area that connects easterly from Washington - Street. The box office building, approximating 1,300 square feet in size, will serve as the central control point of access for most, if not all, site functions at the Terraces or the Festival Grounds. The architectural design of the box office will echo the overall design theme of the site. Also shown on the site plan for this area are tentative locations for future facilities including public restrooms and an events headquarters. Similar to the restroom building located in the Festival Grounds, this restroom building is tentatively proposed as a 1,500 square feet structure, and is tentatively shown physically connected to the 1,500 square feet events headquarters building. This combined freestanding building is situated about 600 feet west of the box office building and about 100 feet west of the western perimeter road. As referenced in the Festival Grounds" description in this ,section, a permanent trash enclosure is proposed to be constructed attached or nearly adjacent the restroom building. The trash enclosure will be situated along the west side of the restroom building with doors opening west with 63q 34 June 20, 2000 Warner engneenn9 La Quinta Arts Foundation Specific Plan paved access to the western perimeter road that permits unencumbered access by waste disposal vehicles. Since the locations of these buildings are tentative, their precise location are subject to change, dependent upon determined needs. As with all other temporary and permanent buildings, the locations and specifications of these buildings will be subject -� to compliance with customary City building and fire department requirements. Native American Memorial -- Future development of the site will include the design and construction of a memorial for public education purposes to showcase the prehistoric and historic culture of the Cahuilla Indians, to be located within the northwest corner of the site. This memorial will be developed in cooperation with North American local tribes and bands. Access to the memorial will be via a pedestrian path only, connecting from the perimeter road to a flat terrain gathering place. Future Foundation Building and Adjacent Parking Area A proposed building site is being left available for construction of a future Foundation building of not more than 60,000 square feet of gross floor area, regardless of the number of stories on a central raised portion of LQAF site consisting of approximately 2.5 acres. It is anticipated that this building pad for the future Foundation building will contain museums, artists' studios, galleries, classrooms, lecture halls, an art library, administration, volunteer, and staff workstations. As noted in the "Festival Grounds" description, a permanent trash enclosure will be constructed in conjunction with } construction of the future Foundation building. A parking lot consisting of 110 paved parking spaces will be constructed in conjunction -= with the future Foundation building. Although concurrent use of all available space within the future Foundation building is not anticipated, the use of parking located elsewhere on the site (968 within the General Parking Lot, 140 in the VIP Parking Lot, - and the 178 on -street parallel parking spaces) will be available to accommodate all required parking to meet or exceed Zoning Ordinance parking requirements. - Integration with the Laguna de la Paz Residential Development The existing Laguna de la Paz residential development lies immediately south of the festival site and is separated by an existing block wall running east and west measuring approximately 6 feet in height and belonging to Laguna de la Paz. The wall borders the north side of the subdivision (and the south side of the project area). Since the pad heights of the Festival Grounds are approximately 5 feet higher than the Washington Street frontage, to further mitigate migration of sound from and visibility of festival ground activities from impacting Laguna de la Paz residents, the meandering width of the landscape area along the south side of the Festival Grounds have soil berms measuring 7.5 feet above the Festival Grounds. For additional sound and visibili 0�5 35 June 20, 2000 Warner engine n9 La Quinta Arts Foundation SpecMic Plan mitigation purposes, the General Parking Lot that front Washington Street are lowered approximately 2 to 3 feet below Washington Street with 3 to 4 foot high berming within the landscape area bordering both Washington Street and in areas of the General Parking Lot that border Laguna de la Paz. Also serving as a storm water retention area, the Artists' Parking Lot will be depressed 2 to 3 feet below grade. As noted earlier in this report, surrounding the south side of the Artists' Parking Lot adjoining Laguna de la Paz, the landscape area of the Artists' Parking Lot will incorporate substantial berms to mitigate visibility of this area and for sound buffering purposes. All perimeter berms will be decoratively landscaped with desert -hardy groundcovers, shrubs and trees. 221 026 36 June 20, 2000 1Aiarrlef' engng La Quints Arts Foundation Specific Plan Summary of Maximum Building and Proposed Parking for LQAF Site by Area The following Table 4 summarizes the maximum building square footage and parking planned when LQAF site is totally built -out: • TABLE 4• Maximum Building and Proposed Parkingby Area Area of LOAF Site Maximum Potential Number of Parking Building Square Foota e Spaces Proposed Main Entry Area 1,300 SF box office building. No parking proposed. 1, 500 SF restroom building 1, 500 SF (permanent) events headquarters building. General Parkin Lot - North No buildings proposed. 619 (Unpaved surface). General Parking Lot - South 1,300 SF (Temporary) events 349 (Unpaved surface). headquarters building. Festival Grounds 1,500 SF restroom building. No parking proposed. Artists' Parking Lot No buildings proposed, 261 (Unpaved surface). Outdoor Performance Venue No buildings proposed. No parking proposed. ("Terraces") (Outdoor seating for 2,400 nests. Valet Drop -Off Area and VIP Parking Lot No buildings proposed. 140 Paved surface). "Terraces" Load inglUnloading Area No buildings proposed. No parking proposed. Outdoor Sculpture Gallery No buildings proposed. No parking proposed, Native American Memorial No buildings pmposed. No parking proposed, Future Foundation Building Based on a maximum building 110 (Paved surface) to be square footage of 60, 000. built in conjunction with the future Foundation building. Internal Circulation (Parallel parking No buildings proposed. 178+/- Parallel paved (based limited to perimeter road starting west of on approximately 2, 250 Lin. the northern portion of the General Ft.) and 43 marked/paved Parking Lot connect-ing west to the spaces immediately east of Artists' Parka Lot)- the Artists' Parking Lot. Total Square Footage 65,800 TOTAL SQUARE FEET (For permanent buildings only). (Total lot coverage: 5% based on a maximum 60, 000 SF for the future Foundation building). Total Parking Spaces 293 (Paved/marked spaces) (Not specifically calculating offsets for 1, 229 (Unpaved spaces) ADA and parking for oversized motor 178 (Parallel, on -street vehicles), spaces) 340 (Soaces at church) 2,040 TOTAL PARKING SPACES PROPOSED 37 June 20, 2000 Warner v, engneering La Quints Arts Foundation SpecMic Plan Summary of Proposed Verses Required Parkin- for LOAF Site by Area The following Table 5 presents proposed parking on LOAF site utilizing the availability of adjacent parking at St. Francis of Assisi Church (when not interfering with church events) and City parking requirements when LOAF site is totally built -out: e TABLE 5 • LQAF Site Parking Availability City Parking Requirements Per Proposed Function Function Festival Grounds 380 1 per artist's booth Outdoor Performance Venue 1,090 spaces (based on 1 parking space/2.2 ("Terraces")guests) Future Foundation Building: Gallery, Library, Classroom, & Office Space 240 spaces (based on 1 parking space/250 SF) (Maximum 60, 000 SF gross floor area). Total Parking Spaces Required: 1,710 PARKING SPACES REQUIRED 2,040 PARKING SPACES PROPOSED (1, 700 spaces on LQAF site and 340 spaces at St. Francis of Assisi at current capacity). Note: Subsequent site plan design modifications provided additional on -site parking spaces in excess of the model as presented in the Traffic Study prepared by Krove Engineering, Inc., dated October 21, 1999. With the anticipation of 2.2 guests per motor vehicle entering LOAF grounds, it is anticipated that the 968 parking spaces available in the General Parking Lot would accommodate close to 2,130 attendees at concurrent functions. Counting the addition of 732 parking spaces also available on the site (totaling 1,700 parking spaces), utilizing the ratio of guests noted above, the site will be able to accommodate close to 3,740 guests concurrently. If a significant number of guests were to arrive to the site also taking into consideration the use of public bus transit and/or private tour buses for a major event or combination of events, it is anticipated that significant designated parking spaces would remain available with a concurrent attendance level at the site in excess of 5,000 guests. The availability of on -site parking (not including available parking at St. Francis of Assisi Church) therefore exceeds the required parking as specified within the approved mitigation measures to accommodate the peak hour of a major event with 1,200 persons in one hour, concurrent with an event a the Terraces with 2,400 attendees. The following Table 6 reflects a hypothetical scenario: 223 Q?,8 38 June 20, 2000 Warner engireenng La Quinta Arts Foundation Specific Plan • TABLE 6 • Attendance Levels and Transportation Modes to LOAF Site Mode of Transportation Number of Guests Percentage of Total Guests at LQAF Site Private Automobile Based on 2.2 passengers per car. 3,300 62.2% Private Tour Buses 1,000 18.8% SunLine Transit 1,000 18.8% TOTAL GUESTS 5,300 100.00 As per a reciprocal parking agreement conflicting with church activities, guest s In reference to the parking standards noted in Section 9.150 of the City of La Quinta Zoning Code, LQAF determined compliance with City requirements for required off- street parking spaces based on places of assembly not specified elsewhere" as specified in Table 1502 (of Section 9.150 of the Zoning Code). This section specifies: '"9 space per 3 seats within the main auditorium and 9 space per 25 sgffl GFA [gross floor area] within the main auditorium where there are no fixed seats, plus required parking for other uses on the site. Of Apart from the annual four -day long LQAF Arts Festival, LQAF does not anticipate a greater intensity of use of LQAF facilities above these projections based on concurrent maximized seating use of the Terraces and the largest assembly room within the future Foundation building. It should be clarified that attendance figures for major events at the outdoor Festival Grounds as presented earlier in this Specific Plan project averaging 9,000 attendees per day when the facility is open to the public for 16 hours between the hours of 8:00 A.M. and 12:00 midnight. Considering lower numbers of attendees customary during the earlier and later hours of the annual LQAF Arts Festival, it is expected that peak hours of attendance would occur in mid -day since the event takes place in spring months when temperatures are generally milder than summer months when such events draw the largest numbers of attendees in early morning and early evening hours. In consideration of meeting sufficient parking needs, attendance during the annual LQAF Arts Festival is projected based on the following schedule as presented in Table 7: 224 0, 39 June 20, 2000=r11ef' �fl�ineenng La Quinta Arts Foundation Specific Plan • TABLE 7• Annual LQAF Arts Festival — Hourly Number of Guests Hours of Operation Average No. of Guests in Attendance 8:00 A.M. to 9:00 A.M. 250 9:00 A.M. to 10:00 A.M. 300 1 0:00A.M. to 11:00 A.M. 650 11:00 A.M. to 12 Noon 750 12:00 Noon to 1:00 P.M. 900 1:00 P.M. to 2:00 P.M. 1,000 2:00 P.M. to 3:00 P.M. 1,200 Peak Attendance Hour 3:00 P.M. to 4:00 P.M. 1,000 4:00 P.M. to 5:00 P.M. 900 5:00 P.M. to 6:00 P.M. 700 6:00 P.M. to 7:00 P.M. 500 7:00 P.M. to 8:00 P.M. 400 9:00 P.M. to 10:00 P.M. 200 10:00 P.M. to 11:00 P.M. 150 11:00 P.M. to 12:00 Midnight 100 TOTAL DAILYATTENDANCE (Average) 9,000 As earlier calculated, based on 2.2 guests per motor vehicle attending the annual LQAF Arts Festival, a total number of 545 parking spaces would be utilized at the time of day of maximum attendance between the hours of 2:00 P.M. and 3:00 P.M. As previously noted, if additional parking is required, an estimated 340 additional parking spaces will be available at the adjacent church parking lot to accommodate any overflow parking that may be required. LQAF's intention is to have available the use of all parking areas on the site, rather than specifically limiting parking per each individual function. Accordingly, as per the City parking requirements, the required 240 parking spaces for the future Foundation T building (based on a maximum 60,000 square foot in gross floor area) will be 4 accommodated utilizing the approximate 110 parking spaces proposed for the future Foundation building parking lot, with the availability of additional parking situated elsewhere on the site. Based on all anticipated maximum concurrent uses on the site as projected, less parking than required by the Zoning Code is anticipated to be used, but nonetheless will remain available. 2.1.3 Architecture, Landscape and Irrigation LQAF has established a set of design guidelines to shape the architecture and landscape to be reflected throughout the overall site development. The underlying objective is to produce a sense of identity — one that is unified but still diverse — to create architecture and landscapes that celebrate and enrich the heritage of the area, the ingenuity of the people that characterizes the dynamics of the area, as part of the ongoing history of La Quinta and the region. 40 o�� June 20, 2000 Warner engineenng La Quints Arts Foundation Specific Plan 2.1.3.1 Architecture A coordinated architectural style is proposed for all buildings on site. With exception of ancillary buildings on the site (i.e. the box office and restrooms), the future Foundation building will be constructed on a portion of a 2.5 acre pad with a building height approximately 28 feet above the center of the parallel portion of Washington Street. The tallest portion of the future Foundation building, in the form of a campanile or other architectural feature that will serve as one of the main focuses of the site, will extend a maximum of 50 feet above the top of the building pad, subject to prior approval by the City of La Quinta. Inclusive of this special architectural projection, no more than 20 percent of the future Foundation building will exceed the 28 foot maximum height as permitted in the RL Zone. The 28 foot building height for the major portion of the building will be calculated based on Figure 505 of Section 9.50.050 of the La Quinta Zoning Code, which defines the vertical distance from finished grade adjacent to the s exterior walls at a vertical distance equal to the specified maximum height from an imaginary parallel plane above the building site. The maximum 50 foot tall architectural projection will be subject to approval by the City of an analysis of bulk and mass, and a line of sight study through the City's site development permit process. Acceptable Architectural Elements, Building Materials and Finishes A choice of two (2) architectural styles with harmonizing materials and finishes are proposed for all proposed buildings and permanent site signage that will thematically be reflected throughout the entire site as per the following exterior design elements presented in Table 8: 41 June 20, 2000 226 031, Warmer _� en9ineenng La Quints Arts Foundation Speck Plan TAB Acceptable Architectural Elements Architectural California Element I stvl Design Objective (Adoptive to the land, sensitive to the climate, integration of indoor and outdoor living style.) n ve and/or Artistic Elements (Including colonnades, outdoor furniture.) Roof Forms and Materials (Steep overhangs, large sheltering forms to be the dominant elements of the building.) Building Walls (Thick, insulating, protective.) Doors and Doorways LE8• Building Traditional Materials and Finishes Contemporary Sensitive to the history of the Architectural styles that are area; simple, practical, straight- innovative, incorporating forward, reflective of the limited elements reminiscent of availability of materials. successful neo-modemist designs found elsewhere in the Coachella Valley. (1) Building placement and form which responds to the sheltering/ shading function of surrounding landforms. (2) No more than 20% of the total ground floor square footage of the Foundation building will exceed 28 feet high (to accommodate second story and/or campanile or other architectural feature), subject to City analysis of bulk and mass, and a line of sight study through the City's site development permit process. (3) Strong integration of building and landscaping throughout the use of designs which soften the demarcation between indoor and outdoor Spaces. 4 Articulation of building lines to add interest and contrast. Use of decorative wrought iron, Smooth metal railings, sculptures brass, copper used for thematic with exterior low fastenings, railings, windows, intensity light fixtures and other shutters, and lamps; patios, outdoor fixtures designed to fountains, verandas, bas relief, angle light downward to minimize wood gates with stone columns. transient light. Subtle colors that subordinate to Colors that thematically contrast and blend with the surrounding with the surroundings, proven landscape features. successfully in other large projects in the Coachella Valley. Clay tile; durable, fireproof materials and/or heavy (concrete tile) shake with shallow pitches no shallower than 3:12; no steeper than 8:12, hipped or gable ends, with flat roof areas and parapets, with decorative motifs. Stucco, bas relief, naturalized stone, brick masonry elements tile "plant -one murals. Wood (or simulated wood) doors (weather treated), shaded and well-proportioned designed to create welcoming entries; use of strongly expressed arches and lintels. 42 Anodized copper appearance, standing seam, flat roofs with occasional sloped roofs reflective of a modem style. Massive arching/curving elements integrating/connecting with roof elements; seamed stainless steel or other metal walls with veitical elements; qlu-lam beams Thick glass doors with optional integrated brushed stainless steel elements. June 20, 2000 =Warner y engneenN La Quinta Arts Foundation Specific Plan • TABLE 8 — (Continwco • Acceptable Architectural Elements, Building Materials and Finishes Architectural California Traditional Contemporary Element Style Style Windows Refined carpentry (weather- Large window expanses to (Recessed to minimize direct treated), incorporating multi -pane maximize view of scenic vistas. solar gain or shaded by project- windows, situated to maximize ing roof overhangs, handsomely view of surrounding scenic proportioned, optimizing views.) vistas. Carpentry Refined and proportional balconies and verandas incorporating roh-sa wn weather -treated wood elements. Building Orientation Situated to maximize visibility of surrounding vistas, blending in with the natural setting. Walkways Incorporating graceful arches, When not integrated in the (integrated into the building columns, overhangs, creating building design, projecting roof design to maximize sun shaded, covered outdoor overhangs. protection-) walkways. Low Walls and Retaining Walls Wrought iron, stucco, inlaid Metal railings with optional (Matching the materials of the stones, rocks, brick, glass blocks. integrated smooth marble, slate, building and terraced to match or other stone or simulated stone with ground contours, with product. occasional planting pockets.) Driveways and Sidewalks Special paving, i.e. natural stone, with occasional in -laid tile (To serve as transitions from the ornamentation, masonry, colored/stamped/textured concrete (i.e., auto environment to the "Bomanite"). pedestrian environment. Permanent Signage Substantial natural rock bases Integration of metal lettering (Monument signs) exterior matching buildings and walls, affixed to a contrasting metal, illuminated matching the incorporating wrought iron and wood, tile, or stucco background materials of the building and the metal designs. monument sign. walls.) Entrance signage off of the Washington Street frontages and all internal directional signage will architecturally match the buildings Lighting and either be non -illuminated, back -lit, or externally illuminated. Traditional (Designed to preserve night-time decorative wall- Indirect low intensity lighting mounted and pole wrought iron designed to reflect light from ambiance and night skies using lantern style with low -intensity walls and other surrounding cut-off elements and indirect wattage. surfaces lighting sources to minimize illumination of the adjacent Laguna de la Paz residential development and the nearby hillsides. Undesirable Architectural Elements Building Materials and Finishes To assure a continuity of acceptable and desirable architectural design elements, materials, and finishes, LQAF determined that the use of a number of undesirable or inappropriate materials should be minimized or not used. The following presents a number of areas identified, with clarification offered as to viable alternatives: • Utilizing back -lit or exterior illuminated signs instead -of pan -channel, box, or signs. cabinet si g 228 033 43 June 20, 2000 Warner ff)9neenn9 La Quinta Arts Foundation Specific Plan • Glass and window glazing may be coated or tinted to control solar heat gain, but a mirrored appearance is not acceptable. • No reflective roof materials. • No manicured or ornamental plantings except in defined areas. • No mansard roofs. • No visible roof -mounted equipment, unless grouped and concealed in structures that are an integral part of roof and/or wall designs. • Flashing, gutters, and downspouts to be minimized; if used, to be of durable materials, i.e., copper which will weather to colors that blend with adjacent walls and roofs. • If used, skylights and solar panels are to, be located, detailed, and/or screened, so that reflections from their surfaces are not visible either from on -site or off -site. • No color lights, except as temporary event and holiday decorations. • No parking lot, festival ground, or lighting placed elsewhere on the site that creates bright glares or illuminates evening skies, the nearby hillsides, or the adjacent Laguna de la Paz residential development. • Mixing of cladding materials, unrelated to structural expression are to be avoided. Where different materials adjoin, there should be a clear break in the plane of the surface. • Stones used for walls and/or foundations to be designed with a structural appearance rather than a veneered look. Natural bedding planes are to be laid horizontally and horizontal and vertical joints should be frequently interrupted. 2.1.3.2 Landscape The objective of LQAF's approach to the site and building design will be to harmoniously incorporate "human settlement" with nature into a healthy sustainable ecosystem, by blending with the natural setting and responding to the climate. The landscaping of the site will incorporate native and non-native desert -hardy plants and trees to present a memorable lush appearance reflective of not only the unique and inviting architecture of the buildings, but also typically found in some of the Valley's most popular destination points. The provision of natural tree canopy shaded areas to provide solar protection will be achieved by the generous planting of trees as well as to serve as another means to differentiate and define various areas of the site. Native boulders will be incorporated into the site landscaping, including around the main entrance, to add a natural appearance to integrate with the adjacent mountains that flank the site to the west. Trees and shrubs within the berm areas along the south side of the project site will serve as an additional visual buffer between the Artists' Parkin Lot, the Festival Grounds, and the southern portion of the General Parking Lot from the adjoining homes located south within the Laguna de la Paz residential development. Specific to areas located along the western property line, to better transition to the adjacent natural terrain, landscape materials will be limited to native plants only. As viewed from Washington Street, there will be a 20 to 30 feet wide landscape rkwa with berms extending across the entire site frontage adjacent Washington Street and parts of the public right-of-way. These areas will be planted with shrubs, groundcovers, and shade trees to partially shade the meandering eight (8) foot wide sidewalk/bike 229 C!34 June 20, 2000 Warner engremng La Quinta Arts Foundation Specific Plan path, with the intent to visually buffer the main parking lots (Reference Exhibit 2-13). _ Prior to the start of work, the landscape, irrigation, and grading plans will be subject to review and approval to the Coachella Valley Water District. _ Reflective of the types of plants that thrive in the Coachella Valley, the following Table 9 - Conceptual Landscape Palette presents the varieties and sizes of proposed landscape materials to be used throughout the site: • TABLE 9 • Conceptual Landscape Palette SYMBOL BOTANICAL NAME COMMON NAME S►ZE REMARKS • • • TREES • • • ACA ACACIA ANEURA MULGA TREE 15 GAL - 24" BOX NOTEI: 24" BOX - MIN 1.50 CALIPER; 15 GAL- MIN 1' CALIPER. NOTE 2: TREES IN PARKWAY & PERIMETER AREAS TO BE 6- 24- 0°16 BOX & 40% - 15 GAL. ASM ACACIA SMALLI SWEET ACACIA 15 GAL - 24" BOX AST ACACIA STENOPHYLLA SHOESTRING ACACIA 15 GAL - 24" BOX CDM CERCIDIUM HYBRID 'DESERT MUSEUM' DESERT MUSEUM PALO VERDE 15 GAL - 24" BOX CF CERCIDIUM FLORIDUM BLUE PALO VERDE 15 GAL - 24" BOX CHI CHILOPSIS LINEARIS DESERT WILLOW 15 GAL - 24" BOX LY LYSILOMA THORNBERI FEATHER BUSH 15 GAL — 24" BOX OT OLNEYA TESOTA IRONWOOD 15 GAL - 24" BOX PRA PROSOPIS ALBA 'COLORADO' COLORADO MESQUITE 15 GAL - 24" BOX PTE PITHECELLOBIUM FLEXICAULE TEXAS EBONY 15 GAL - 24" BOX • • • PALMS • • • CH CHAMAEROPS HUMILIS MEDMERRANEAN FAN PALM 24" BOX WF WASHINGTONIA FILIFERA CALIFORNIA FAN PALM 18-12'HIGHMIN. ***SHRUBS*** ATS ATRIPLEX SPECIES SALTBUSH 1 - 5 GAL BAL BAILEYA MULTIRADIATA DESERT MARIGOLD 1 - 5 GAL BL BOUGAINVILLEA 'LA JOLLA' BOUGAINVILLEA 1 - 5 GAL BOO BOUGAINVILLEA 'OOH LA LA' BOUGAINVILLEA 1 - 5 GAL BUM BUDDLDIA MARRUBIFOLIA BUTTERFLY BUSH 1 - 5 GAL CA CASSIA ARTEMISIOIDES FEATHERY CASSIA 1 - 5 GAL CAC CALLIANDRA CALIFORNICA BAJA FAIRY DUSTER 1 - 5 GAL CHM CHRYSACTINIA MEXICANA DIMIANITA 1 - 5 GAL CN CASSIA NEMOPHILA BUSHY SENNA 1 - 5 GAL COP CORDIA PARVIFOLIA LITTLE LEAF-CORDIA 1 - 5 GAL CPU CAESALPINIA PULCHERRIMA RED BIRD OF PARADISE 1 -5 GAL EF ENCELIA FARINOSA BRITTLE BUSH 1 - 5 GAL JSM JUSTiCIA SPICIGERA MEXICAN HONEYSUCKLE 1 - 5 GAL JUC JUSTICA CALIFORNICA CHUPAROSA 1 - 5 GAL LAR LARREA TRIDENTATA CREASOTE BUSH 1 - 5 GAL LFR LEUCOPHYLLUM L.'RIO BRAVO' TEXAS RANGER 1 - 5 GAL LFT LEUCOPHYLLUM C. THUNDERCLOUD' TEXAS RANGER 1 - 5 GAL LPT LEUCOPHYLLUM P.'SIERRA BOUQUET' TEXAS RANGER 1 - 5 GAL LZ LEUCOPHYLLUM 2.'CIMARRON' TEXAS RANGER 1 - 5 GAL 45 230 035 June 20, 2000 Warner �9�In9 La Quinta Arts Foundation Specific Plan • TABLE 9 — (Continued) • Conceptual Landscape Palette SYMBOL BOTANICAL NAME COMMON NAME SIZE REMARKS M EA MUHL.ENBERGIA L 'AUTUMN GLOW YELLOW DEVLS SHOESTRM 1 - 5 GAL MER MUHLENBERGIA L `REGAL MIST' RED DEVILS SHOESTRING 1 - 5 GAL MRN MU B013U ARIGIGAIO&WIIZ DEER GRASS 1 - 5 GAL PEP PENSTEMON PARRYI PARRY'S PENSTEMON 1 - 6 GAL PES PENSTEMON SUPERBUS SUPERB PENSTEMON 1 - 5 GAL RK RUELLIA 'KATII' RUELLIA 1 - 5 GAL SAN SANTOLINA CHAMAECYPARISSUS LAVENDER COTTON 1 - 5 GAL SC SIMMONDSIA CHINENSIS JOJOBA 1 - 5 GAL TC TECOMA STANS YELLOW BELLS 1 - 5 GAL TL TAGETES LUCIDA LICORICE MARIGOLD 1 - 5 GAL XCC XYLOSMACONCESTUM'COMPACTA DWARF XYLOSMA 1 - 5 GAL ••• CACTI ••• AAC AGAVE AMERICANA CENTURY PLANT 5 -15 GAL CE CEREUS PERUVIANUS PERUVIAN APPLE 5 -15 GAL 3-6STEMS DL DASYLIRION LONGISSIMUM MEXICAN GRASS TREE 5 -15 GAL DW DASYLIRION WHEELERI DESERT SPOON 5 -16 GAL EC ECHINOCACTUS GRUSONII GOLDEN BARREL CACTUS 12 -18" DIA EUM EUPHORBIA MILII CROWN OF THORNS 5 GAL FEB FEROCACTUS SP. RED BARREL CACTUS 12 -18" HTS FS FOUQUIERIA SPLENDENS OCOTILLO V HT 6CANE Mk HP HESPERALOE PARVIFLORA RED YUCCA I GAL HPY HESPERALOE PARVIFLORA `YELLOW' YELLOW YUCCA 4 - 5 PADDLE CFI OPUNITIA FICUS-INDICA THORNLESS OPUNTIA 4 - 5 PADDLE OPC OPUNITIA CHLOROTICA PANCAKE PRICKLY PEAR 4 - 5 PADDLE OS OPUNITIA SP. 'SANTA RITA' PURPLE OPUNTIA 4 - 5 PADDLE YG YUCCA GLORIOSA SPANISH DAGGER 5 -16 GAL YTO YUCCA THOMPSONII NCN 5 -15 GAL YUB YUCCA BACCATA BLUE YUCCA 5 -15 GAL ••• VINES ••• AN ANTIGONON LETOPUS QUEEN'S WREATH 1 GAL BBK BOUGAINVILLEA'BARBARA KARSr BOUGAINVILLEA 1 - 5 GAL CI CALLIANDRA INAEOUILATERA PINK POWDER PUFF 1 - 5 GAL MU MACFADYENA UNGUIS - CATI CAT'S CLAW 1 GAL PTV PITTOSPORUN T. `VARIEGATA' VARIGATED MOCK ORANGE 1 - 5 GAL PY PYRANCANTHA 'GRABERII' FIRETHORN 1 - 5 GAL RSB ROSA'BANKSIAE' LADY BANKS ROSE 1 - 5 GAL • • • GROUNDCOVER • • • ACR ACACIA R. 'DESERT CARPET' TRAILING ACACIA 1 GAL @ 5' O.C. ADS ANTIQUE GOLD DECOMPOSED GRANITE FINES (1/4" MINUS) FOR APPROVED EQUAL TO BE APPLIED AT A 2" DEPTH IN HIGHER TRAFFIC AREAS AND AT A 1.5" DEPTH IN LOWER TRAFFIC AREAS. 231 096 46 June 20, 2000 = Warner La Quinta Arts Foundation Specific Plan • TABLE 9 — (Continued) • Conceptual Landscape Palette SYMBOL BOTANICAL NAME I COMMON NAME SIZE REMARKS AGG ANTIQUE GOLD GRAVEL (314" TO 2.5") FOR APPROVEE EQUAL — AFTER INSTALLATION OF DECOMPOSED GRANITE FINES, ANTIQUE GOLD GRAVEL IS TO BE HAND BROADCASTED IN OPEN AREAS BETWEEN PLANTS WITH A GREATER PERCENTAGE PLACED IN HIGH VISIBLE AREAS. DESIRED AFFECT TO BE APPROVED BY THE LANDSCAPE ARCHITECT A TIME OF INSTALLATION. BCH BACCHARIS P. 'THOMPSON' BACCHARIS 1 GAL @ 5' O.C. CGP CARISSA G. 'PROSTRATA' PROSTRATE NATAL PLUM 1 GAL @ 4' O.C. HYDRO HYBRID BERMUDA 8 328 — APRIL 1 — SEPT 31 OVERSEEDED WITH PERENNIAL RYE OCT 1 — MARCH 31 FROM HYDROSEED LAM LANTANA MONTEVIDENSIS PURPOSE PROS. LANTANA 1 GAL @ 5' O.C. LNG LANTANA 'NEW GOLD' sPREADMYFII_OW LAWAW 1 GAL @ 5' O.C. OBM OENOTHERA BERLANDIERI MEXICAN PRIMROSE 1 GAL a@ 4' O.C. RR- RIVER ROCK 1 — 3" COVER AREA AS SHOWN VG VERBENA GOODDINGII VERBENA 1 GAL @ 3' O.C. VR VERBENA RIGIDA VERBENA 1 GAL @ 3' O.C. 2.1.3.3 Irrigation For water conservation purposes, only automatic and drip irrigation systems will be permitted for landscaped areas, median islands, with automatic sprinkler systems for lawn areas. Landscape irrigation systems will be designed according to proven application methods and rates to minimize or eliminate potential runoff, and to operate at times when water evaporation is minimal due to the effects of wind and intense heat. The irrigation systems will be permanent, underground, automatically controlled, and adequate for establishing and maintaining plant materials while minimizing water requirements. Emphasis will be to install durable irrigation equipment with components that are easy to maintain, repair, or replace when necessary. Pop-up heads will be situated in such a manner so as to minimize overspray onto paved surfaces and non- ' plantable areas, and parking areas where calcium and mineral build-up can damage -a motor vehicles. Consideration will be given to minimize breakage and reduce maintenance costs for irrigation heads placed adjacent trails, walkways, streets, driveways and paved parking areas. The final landscape plan will provide for appropriate screening of various cable and electrical boxes where applicable, with the proposed planting plan subject to specific review during the City's site development permit process. Maintenance of the irrigation systems will be addressed as part of the Guidelines for Sustainability (Reference Table 12) as established for the project. Irrigation plans and equipment will be subject to review by the Public Works Director and the Coachella Valley Water District prior to installation. 232 037 47 June 20, 2000 7 V%%Ia 'rw La Quinta Arts Foundation Speck Plan 2.1.4 Utilities The Coachella Valley Water District ("CVWDA) has a 12 inch water main in the Washington Street right-of-way capable of providing for a looped local distribution system to the project area. Gravity flow sewer collection by the CVWD is also feasible to mains and manholes located to the southeast without extensive off -site improvements. Electricity by the Imperial Irrigation District ("IIDA), natural gas by the Southern California Gas Company, and telephone service by General Telephone are all available in accordance with Public Utility Commission rules and regulations. Desert Sands Unified School District public school facilities are also available approximately 1 mile east of the site. For major events, LQAF will contract for fire and sheriff services. 2.1.5 Specific Plan Boundary Adjustments With the exception of dedication of additional street right-of-way width along Washington Street, no boundary adjustments are proposed to accommodate the Specific Plan. 2.2 Land Use As noted earlier in this Specific Plan, the current zoning of the subject site permits the development of the proposal as already described, subject to separate approval of an application for conditional use permit. 2.2.1 Land Use Plan The proposed use consists of a multi -phase planned development with a permanent F outdoor festival area that will serve as a gathering place for the world renowned La Quinta Arts Festival, as well as many other civic and cultural events. This Specific Plan establishes development standards for the entire site including integrated design for the Washington Street frontage. These standards will include consideration of building setbacks, architecture, lighting, landscape, public art, noise and storm water retention. 2.2.2 Development Standards The zoning development standards contained within the City of La Quinta Zoning Ordinance will be followed except where specifically modified by this Specific Plan. The City's design standards along the Washington Street frontage will be followed to be consistent with the General Plan. 48 June 20, 2000 = tro1w engireernng La Quinta Arts Foundation SpecMic Plan 2.2.3 Grading Plan, Erosion Control, SWPPP/NPDES/PM10 2.2.3.1 Grading Plan - All internal roads will be mass graded in a single phase. Pads will be established initially for the General Parking Lot adjacent Washington Street, the Festival Grounds, the valet parking area, the Artists' Parking Lot, the Terraces and the building pad for the future Foundation building, and the parking and drop-off areas adjacent the future Foundation building. It is the intention of LQAF that the architectural design of the future Foundation building will establish the "theme" of the site, therefore prompting the need to preserve its visibility. Prior to issuance of any grading permit for work on the site, LQAF will provide the City Community Development Department a copy of the written parking agreement that demonstrates reciprocal use of LQAF parking facilities and the adjacent parking area belonging to St. Francis of Assisi Church that limits the use of temporary church parking by LQAF attendees to times not interfering with church functions. Additionally, LQAF will furnish the City proof of easements or written z permission, as may be required, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. After grading of the building pad has been completed, to prevent water or wind erosion, landscape turf with perimeter trees and shrubs will be planted pending future construction. It is estimated that the total grading operation will move approximately 150,000 cubic yards of dirt and there will be a net balance on the site (without need to import additional soils onto the site). Exhibits 4-A and 4-13 depict the mass grading and hydrology concepts for the project, and the illustrations contained within Exhibits 5 and 6 depict the Washington Street cross section adjacent LQAF site and line of sight cross sections from the adjacent Laguna de la Paz residential development. The manufactured 2:1 slope area shown around the eastern perimeters of the future Foundation building pad will be graded as sculpted meandering stepped Terraces to appear as natural land articulations when finished and landscaped to appear aesthetically pleasing and to minimize erosion concerns. As per City requirements, slopes will not exceed 5:1 within public right of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. Retention basin slopes will not exceed 3:1, with a maximum retention depth of six (6) feet. Grading plans, along with irrigation and landscape plans will be subject to review and approval by the Coachella Valley Water District. 2.2.3.2 Erosion Control The grading operations shall include adequate provisions for water and wind erosion control both during, as well as after, grading operations have ceased. The details of erosion control shall be included in the project's Storm Water Pollution Prevention Program (SWPPP) and PM 10 Plan. The following are minimum requirements for water and wind erosion control: 234 49 039 June 20, 2000 Warmer engineenrig La Quinta Arts Foundation Specific Plan • Prewatering — The site shall be prewatered to saturate the grounds a minimum depth of 3 feet prior to the onset of grading operations. • During grading — Once grading has commenced, and until grading has been completed, watering of the site and/or other treatment(s) determined to be appropriate shall be ongoing. • Post grading — All disturbed areas shall be treated to prevent wind and erosion control for the term that the area will remain undeveloped, even though it may remain undeveloped for several years. Wherever feasible, final landscape and irrigation shall be installed. 2.2.3.3 SWPPP/NPDES/PM10 Since the Coachella Valley experiences periods of moderate to heavy wind conditions, windblown dust and sand are a concern with mass grading operations, especially those areas in excess of 5 acres in size. Because of health concerns, the South Coast Air Quality Management District, in conjunction with the Environmental Protection Agency, has instituted a plan in the valley to curb excess PM 10 (small particle dust). The City also participates in the National Pollutant Discharge Elimination System ("NPDES") program. The grading concept for the project will entail a single phase of mass grading. The City of La Quinta requires SWPPP, NPDES, and PM 10 plans to control the wind and water borne erosion associated with such grading operations. The project will comply with the City's requirements relative to these programs. 235 040 4R June 20, 2000 �Vftr w T erVrieenng ATTACHMENT 2 Planning Commission Minutes August 28, 2001 1. Chairman Abels asked for the staff report. Planning Manager 1-1 Christine di lorio presented the information cont ' ed in the staff. report, a copy of which is on file in the Com nity Development Department. 2. Chairman Abels asked if there were a questions of staff. There being none, Chairman Abels aske if the applicant would like to address the Commission. The plicant stated he was available to answer any questions. 3. Chairman Abels asked f there were any questions of the applicant. There bein none, Chairman Abels asked if there was any other public mment. There being no further public comment, Chairm Abels closed the public participation portion and opened the ' em for Commission discussion. 4. There/b�eingo further discussion itwas moved and seconded by Comrs Robbins/Kirk to adopt Minute Motion 2001-015 approamendment to the sign program for Specific Plan 99- 036,to the findings and conditions as recommended. 5. Up(animously approved. Community Dev opment Director Jerry Herman excused himself due to a possible conflict of inte st and left the meeting. G. Specific Plan 2000-042, Amendment #1; a request of the La Quinta Arts ..�-- Foundation for approval of an amendment to modify the parking lot lighting standards at the project located on the west side of Washington Street, between Avenue 47 and Avenue 48. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di lorio and Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked staff to clarify the two photometric studies. Both were the same with the exception that one of the plans also included lighting for the artist's parking lot. 041 G:\WPDOCS\PC8-28-01.wpd 12 Planning Commission Minutes August 28, 2001 3. Commissioner Robbins asked staff to explain the difference between the two different type of light fixtures, bollards and poles. Staff asked that the applicant explain this. 4. Commissioner Tyler asked what color light would be put out by the bulbs proposed. Staff stated yellow. Commissioner Tyler asked if these lights would affect the traffic on Washington Street. Staff stated the study shows the light exposure to Washington Street is "0" due to the berm and light source. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr. Frank Delaney, representing the applicant, gave his presentation on the project. He further stated they concurred with staff's recommendations and went on to explain the reason for the request. He then addressed the issues raised in the letter received from Wayne Guralnick, attorney for Laguna de la Paz homeowners and asked that the Commission either approve or deny the application to allow the project to continue going forward. They would not like to have the project continued. He then introduced Mr. Ralph Raya of MRC Associates, the electrical engineer consultant, who gave a presentation. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked Mr. Raya to qualitatively explain the difference between the two photometric studies. Mr. Raya explained the difference. Commissioner Kirk asked what the difference was between the two light fixtures at the boundary with Laguna de la Paz. Mr. Raya stated they chose a light fixture that was totally shielded with the flat lens and amber lighting to reduce the amount of light. They did not increase the amount of lighting at the property line, or along Washington Street. They reduced the hot spots and foot-candles over the site. Commissioner Kirk asked how this entire project with either light source compares to the lighting along Highway 111. Mr. Raya stated landscaping lighting only lights a single area. This will have less foot-candles than the parking lot lighting at the corner shopping center. 7. Commissioner Tyler asked where the height of the fixtures was measured from. Mr. Raya stated it was measured at finish grade. The opening of the fixture is at 18 feet. 237 G:\WPDOCS\PC8-28-01.wpd 13 0 4 Planning Commission Minutes August 28, 2001 8. Chairman Abels asked if anyone else would like to address the Commission on this issue. Ms. Marie Bochnewich, representing the HOA for Laguna de la Paz, stated they were requesting a continuance to allow them time to evaluate the proposal as one week is not adequate time to evaluate the lighting plan. 9. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 10. Commissioner Robbins stated he shares the concerns of the HOA, but also shares the safety concerns of the City and Arts Foundation. He concurs with the light study as presented and as the application will not be taken to the City Council for a month it will allow them ample time to have their study completed. 11. Commissioner Kirk stated he was supportive of the bollard lighting when the project was originally approved. However, he did hope the Laguna de la Paz lighting consultant could come up with an alternative lighting program utilizing the bollard lighting. He also concurs there is ample time for the homeowners to conduct a study prior to the City Council meeting. 12. Commissioners Butler, Tyler, and Chairman Abels stated they concurred with the statements made. 13. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2001-1 12 approving Specific Plan 2000-042, Amendment #1, subject to the findings and conditions as amended: a. Condition #2: "...and the light fixtures shall be a maximum of 18-feet in height." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. VIII. CORRESP SAND WRITTEN MATERIAL: None. 238 041 G:\WPD0CS\PC8-28-01.wpd 14 10-1-01 Honorable Mayor John Pena Honorable Council Members City of La Quinta P.O. Box 777 La Quinta, California 92253 c/o Christi D'iorio fax: 777-1233 Dear Mayor and Council, ONA.0 R E E I V D em A-M ? �]1 OC T v'' Pi 1 02 q> CII"'r'11,CjUi;'1TA OFFICE Cv / c� r Off 12001 As you may know, a meeting was held at 3:30 p.m. today at City Hall to review LQAF's proposed lighting plans. In attendance were consultants from LQAF, Laguna de la Paz Homeowner's lighting consultant, the professional consultant selected by the City as well as city staff. With input from the city's selected consultant we believe we are on our way to a resolution of the lighting issues to everyone's satisfaction. As a result of today's discussions our engineers require additional time to analyze and prepare exhibits for presentation to Council. Therefore, LQAF respectfully requests a continuance of this item to your next council meeting of 10-16-01. We are eager to resolve the lighting issues to the satisfaction of all concerned and to work with the City in a spirit of cooperation. We appreciate your consideration in this matter. Yours truly, LA QUINTA ARTS FOUNDATION Susan Francis Executive Director Cc: City Manager Tom Genovese Assistant City Manager Mark Weiss Community Development Director Jerry Herman Senior Engineer Steve Speer 233 POST OFFICE BOX 777 L LA QUINTA, CA 92253 ,L 760 564 1244 A� FAX 760 564 6884 COUNCIL/RDA MEETING DATE: October 2, 2001 Public Hearing to Certify an Addendum to Riverside County Environmental Assessment No. 232; Certify a Mitigated Negative Declaration for 40 Acres Located at the Northwest Corner of Madison Street and Avenue 60 Located Outside Riverside County Specific Plan No. 218; Change the Land Use Designation from Medium Residential and Golf Course to Low Density Residential and from Planned Residential Reserve to Low Density Residential; Change the Zoning to Low Density Residential for Property Located Generally South of Avenue 58, North of Avenue 60, West of Madison Street. Applicant: Coral Mountain LLC. RECOMMENDATION: w AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council Certifying an Addendum to Riverside County Environmental Impact Report No. 232 (State Clearinghouse No. 9164450613) prepared for Specific Plan No. 218; and Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for 40 acres located at the northwest corner of Madison Street and Avenue 60 not included in Riverside County Specific Plan No. 218 Amendment No. 1; and Adopt a Resolution of the City Council approving Pre -Annexation designation for General Plan Amendment 2001-079; and Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. on first reading approving Zone Change 2001- 102. FISCAL IMPLICATIONS: None. PAMichele\CoralMtnCCreport. wpd 240 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The subject property is currently located outside the City limits, but within the City's Sphere of Influence and located at the southwest corner of Madison Street and Avenue 58 (Attachment No. 1). The applicant has requested annexation into the City of La Quinta. Prior to annexation, LAFCO requires that the General Plan designation and pre -zoning be established to City standards. Project Description: The General Plan and Zoning designations proposed by the applicant are for Low Density Residential (2-4 units per acre) and Golf Course development. Riverside County approved Specific Plan No. 218 Amendment No. 1, as well as an Environmental Impact Report and an Addendum to this EIR for the Coral Mountain development on 1,280 acres. A total of 2,726 residential units and a golf course were approved as part of this Specific Plan. The current application covers approximately 342 acres of the original 1,280 acres. The 342 acre site is proposed to be developed in the future with residential units and a golf course. The City is requesting that an additional 40 acres, located at the northwest corner of Madison Street and Avenue 60, also be included in this pre -annexation for a total of 382 acres. This area is currently zoned W-2 (Controlled Development -single family and light agricultural uses) and RA (Residential Agriculture) by Riverside County. The City is proposing that this designation be changed to RL (Low Density Residential). The current County General Plan designations are 3A (0.4 - 2 units per acre) and Planned Residential Reserve (0 - 5 units per acre). The City is proposing that this designation be changed to LDR (Low Density Residential). These 40 acres have previously been subdivided and have existing residences. Due to the existing equestrian nature of the area, staff is recommending that the Equestrian Overlay District be applied over the proposed Low Density Residential designation on these 40 acres to allow the residents of the area to keep horses on their property per Section 9.1 10.090 of the La Quinta Zoning Ordinance. The La Quinta Planning Commission reviewed the proposed application (Attachment No. 2) at their meeting of September 11, 2001 and recommended the removal of the 40 acre piece at the northwest corner of Madison Street and Avenue 60 and recommended approval of the rest of the applications per Resolutions 2001-1 17, 2001 -118, 2001 -119, and 2001-120 by a vote of 3 to 2. Consistency with the General Plan. Even though the proposed change in land use designation is from the County designation Medium Density Residential to the City designation Low Density Residential, the total number of residential units approved2 4 1 P:\Michele\Coral Mtn CCreport.wpd under Riverside County Specific Plan No. 218 Amendment No. 1 (2,726 units) is consistent with the number of units allowed under the proposed General Plan designation which would allow up to 5,120 residential units on the 1,280 acre site. Therefore, changing from the County's Medium Density Residential to the City's Low Density Residential will not reduce the previously approved amount of future residential development on the property. FINDINGS AND ALTERNATIVES: The findings outlined in Sections 9.220.010 (Zone Changes and Prezoning) and 9.230 (General Plan Amendments) of the Zoning Ordinance can be made as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Planning Commission Recommendation: A) Adopt a Resolution of the City Council Certifying an Addendum to Riverside County Environmental Impact Report No. 232 (State Clearinghouse No. 9164450613) prepared for Specific Plan No. 218; and B) Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for 40 acres located at the northwest corner of Madison Street and Avenue 60 not included in Riverside County Specific Plan No. 218 Amendment No. 1; and C) Adopt a Resolution of the City Council approving Pre -Annexation designation for General Plan Amendment 2001-079; and D) Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. on first reading approving Zone Change 2001-102. 2. Staff Recommendation: A) Adopt a Resolution of the City Council Certifying an Addendum to Riverside County Environmental Impact Report No. 232 (State Clearinghouse No. 9164450613) prepared for Specific Plan No. 218; and B) Adopt a Resolution of the City Council Certifying a Mitigated Negative Declaration of Environmental Impact for 40 acres located at the northwest corner of Madison Street and Avenue 60 not included in Riverside County Specific Plan No. 218 Amendment No. 1; and C) Adopt a Resolution of the City Council approving Pre -Annexation designation for General Plan Amendment 2001-079, including the additional 40 acres at the northwest corner of Madison Street and 242 Avenue 60; and P:\Michele\CoralMtnCC report. wpd D) Move to take up Ordinance No. by title and number only and waive further reading. Move to introduce Ordinance No. on first reading approving Zone Change 2001-102, including the additional 40 acres at the northwest corner of Madison Street and Avenue 60; or 3. Refer the matter back to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted, Hermon— munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Minutes from the Planning Commission meeting of September 11, 2001 243 elk 1) P:\Michele\CoralMtnCCreport.wpd RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT #232 (EIR STATE CLEARINGHOUSE NO. 9164450613) PREPARED FOR GENERAL PLAN AMENDMENT 2001-079, ZONE CHANGE 2001-102, PRE -ANNEXATION GENERAL PLAN AND ZONING FOR SPECIFIC PLAN 218 RIVERSIDE COUNTY ENVIRONMENTAL IMPACT REPORT #232 APPLICANT: CORAL MOUNTAIN LLC. WHEREAS, the City Council of the City of La Quinta, California, did, on the 2nd of October, 2001 hold a duly noticed Public Hearing to consider an Addendum to Environmental Impact Report #232 (EIR State Clearinghouse No. 9164450613) for General Plan Amendment 2001-079, Zone Change 2001-102 for the pre -annexation designation for Specific Plan 218 located west of Madison Avenue and south of Avenue 58, and more particularly described as follows: APN's 761-100-003, 761-100-005,761-100-006, 761-1 10-001, 761-1 10-002, 761-1 10-003, 761-1 10-004 WHEREAS, the Planning Commission recommended certification of the addendum to Environmental Impact Report #232 (EIR State Clearinghouse No. 9164450613 at its meeting of September 11, 2001 per Resolution 2001-1 17; and, WHEREAS, said Addendum 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 determined that although the proposed General Plan Amendment 2001-079 and Zone Change 2001-102 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 addendum and included in the Conditions of Approval; 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 recommending certification of said Addendum: 1. The proposed General Plan Amendment 2001-079, Zone Change 2001-102 will P:\Michele\CoraIMtRCEAAddccReso.wpd 244 Resolution 2001- Addendum to Riverside County Environmental Assessment #232 Coral Mountain LLC October 2, 2001 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 the Addendum. 2. The proposed General Plan Amendment 2001-079 and Zone Change 2001-102 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 2001-079 and Zone Change 2001-102 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 Addendum. 5. The proposed General Plan Amendment 2001-079 and Zone Change 2001-102 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 2001-079 and Zone Change 2001-102 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 Addendum to Riverside county Environmental Impact Report #232 (EIR State Clearinghouse No. 9164450613) and the Addendum reflects the independent judgement of the City. P:\Michele\CoraIMtRCEAAddccReso.wpd 24 Resolution 2001- Addendum to Riverside County Environmental Assessment #232 Coral Mountain LLC October 2, 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: 1 . That the above recitations are true and correct and constitutes the findings of the City Council for this Addendum. 2. That it does hereby certify the Addendum to Riverside County Environmental Impact Report #232 for the reasons set forth in this Resolution and as stated in the Addendum text on file in the Community Development Department. 3. That the Addendum to Riverside County Environmental Impact Report #232 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of October, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 246 _ (17 P:\Michele\CoraIMtRCEAAddccReso.wpd Resolution 2001- Addendum to Riverside County Environmental Assessment #232 Coral Mountain LLC October 2, 2001 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 247 P:\Michele\CoraIMtRCEAAddccReso.wpd ADDENDUM TO RIVERSIDE COUNTY ENVIRONMENTAL IMPACT REPORT#232 (CEQA GUIDELINE 15164) FOR GENERAL PLAN AMENDMENT 2001-079 ZONE CHANGE 2001-102 FOR PRE -ANNEXATION APPLICATION OF THE CORAL MOUNTAIN SPECIFIC PLAN, NO. 218, AMENDMENT NO. 1 EIR STATE CLEARINGHOUSE NO. 9164450613 Adopted by the Planning Commission August 28, 2001 Planning Commission Resolution 2001-1 17 2 4 S P:\Michele\CoraIMtRCAdd.WPD The City of La Quinta, as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164. This is an Addendum to Environmental Impact Report #232 ("EIR") that the County of Riverside certified in 1999 for the Coral Mountain Specific Plan 218, Amendment #1. The purpose of this Addendum is to document the annexation of the project to the City of La Quinta, which will be implemented through the following land use approvals: GENERAL PLAN AMENDMENT 2001-79 AND ZONE CHANGE 2001-102 These are collectively referred to as "the Revised Project." All mitigation measures included in EIR 232 and AEIR 232 are incorporated into this document by this reference. It is assumed for purposes of this analysis, that all the mitigation measures required within Riverside County's jurisdiction would also be required by the City. The Revised Project consists of 342 acres of the total 1,280 acres included in the Coral Mountain Specific Plan SP/EIR 218, Amendment #1. The Revised Project will result in the annexation of the western portion of the Specific Plan area into the City of La Quinta. The City has determined that the proposed residential development will be consistent with the density and character of the adjacent residential development, and will be consistent with the goals, policies, and objectives of the City's General Plan and Specific Plan 2,18, Amendment #1, as approved by the County in 1999. The Revised Project does not propose any change to the land uses proposed in Specific Plan 218, Amendment #1. Only annexation of the site, and associated pre - annexation land use and zoning designations, are being considered at this time. The Specific Plan allows approximately 500 residential units on 179.6 acres, a 6.7 acre clubhouse site, thirteen holes of golf, and a driving range on the balance of the 162.4 acres. The approvals requested as part of the annexation request are: 1) General Plan Amendment to change the designation on 179.6 acres currently designated Medium Density Residential under the Specific Plan to Low Density Residential, and Golf Course on 162.4 acres, pursuant to the Land Use Plan in Specific Plan 218, Amendment #1; 2) Zone Change to change the designation on 179.6 acres currently designated Medium Density Residential under the Specific Plan to Low Density Residential, and Golf Course on 162.4 acres, pursuant to the Land Use Plan in Specific Plan 218, Amendment #1. The City has compared the impacts of the Revised Project with those impacts analyzed in the EIR and finds as follows: 24 9 010 P:\Michele\CoraIMtRCAdd.WPD Aesthetics - Impacts no greater than those previously analyzed. Annexation of the proposed land will not result in any change in the buildout of the property. The residential units, golf course and clubhouse, and associated ancillary facilities and consistent with those currently permitted and constructed under the City's General Plan. The proposed height, mass and architectural style of buildings within the annexation area is of substantially the same character as those existing in the City and encouraged in the General Plan. Agriculture Resources - Impacts no greater than previously analyzed. The development of the approved Specific Plan will result in a loss of lands designated as Prime Farmland in the County General Plan. The lands, however, are not farmed currently. The annexation of the property will not change the previously analyzed impacts to agriculture. Hazards and Hazardous Materials - Impacts no greater than those previously analyzed. The annexation action will have no impact on hazardous materials; the residents of the proposed project will participate in the City's household hazardous waste disposal programs; and the golf course maintenance operations will be overseen by City and County agencies with jurisdiction over hazardous waste. Hydrology and Water Quality - Impacts no greater than previously analyzed. The City requires the implementation of both NPDES standards and 100 year storm retention in proposed project construction. Such standards will be imposed for the proposed project, when construction occurs after annexation. These measures are designed to Public Services - Impacts no greater than those previously analyzed. The annexation of the property will be served by Riverside County Sheriff and Fire Department staff, under the City's service contracts. The contract costs may increase for the City, but these costs will be offset by revenues generated by property tax and sales tax at the site and from the residents. School fees will be paid regardless of which jurisdiction is responsible for construction of the project. Parks will be constructed within the Specific Plan, and golf course lands will surround the homes. Recreation - Impacts no greater than those previously analyzed. Annexation of the project will not affect the parks and golf course planned for ultimate buildout of the proposed project. These facilities will be provided on -site, and will offset the need for such facilities created by future development. 250 P:\Michele\CoraIMtRCAdd.WPD Air Quality - Impacts identical to those previously analyzed. The annexation action will not have any impact on the air quality of the area. The project will remain the same as was analyzed in the EIR, with identical mitigation measures required. Biological Resources - Impacts no greater than those previously analyzed. The annexation action will have no direct impact on biological resources. Additional surveys are required in EIR 232 to ensure that no sensitive species occur on the site, or that impacts are mitigated if they do occur. These surveys will also be required by the City. Cultural Resources - Impacts no greater than those previously analyzed. Annexation of the project site will have no impact on cultural resources. The buildout of the proposed project was analyzed in the EIR, and mitigation measures included. These will be implemented by the City. Land Use Planning - Impacts no greater than those previously analyzed. The construction of the project under the City's jurisdiction is consistent with the goals, policies and objectives of the City General Plan and the Specific Plan, as amended, and continues the development pattern established in the General Plan. The annexation represents a logical extension of urbanization for the City. Mineral Resources - Not applicable. Noise - Impacts no greater than those previously analyzed. The annexation action will not impact the noise environment at the project site. The buildout of the project, as analyzed in the EIR, included mitigation measures which will be implemented by the City. Transportation/Traffic - Impacts no greater than those previously analyzed. The annexation action will not have an impact on traffic generation. The ultimate construction of the project will result in identical impacts to those described in the EIR, and for which mitigation measures have been included. Utilities and Service Systems - Impacts no greater than those previously analyzed. Annexation will have no impact on utilities and service systems. The buildout of the proposed project was analyzed in the EIR for the proposed project, and mitigation measures included. These will be implemented by the City. Population and Housing - Impacts identical to those previously analyzed. The annexation action will have no impact on population and housing. The number of units proposed under the County's approved Specific Plan will be the same under the City's jurisdiction. 51 r:wicneie\uoranvivit-Aaa.vvru Geology and Soils - Impacts no greater than those previously analyzed. The impacts of development of the proposed project were analyzed in the EIR, and will not change from that analysis. Mitigation measures included in the EIR will be implemented by the City through the development process. The City finds that consideration of the Revised Project does not call for the preparation of a subsequent EIR pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: 1) substantial changes to the project analyzed in the EIR which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR; or 3) new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR substantially increase the severity of previously identified impacts. 25 ri 13 PAMichele\CoraIMtRCAdd.WPD RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2001-079, ZONE CHANGE 2001-102 ENVIRONMENTAL ASSESSMENT 2001-430 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did, on the 2nd day of October, 2001 hold a duly noticed Public Hearing to consider Environmental Assessment 2001-430 for General Plan Amendment 2001-079, Zone Change 2001-102 for pre -annexation designation of lands located at the northwestern corner of Madison Avenue and Avenue 60, more particularly described as follows: APNs 761-1 10-006, 761-1 10-008, 761 -110-010, 7 61-1 10-013, 7 61-1 10-014, 7 61-440-003, 7 61-440-004, 7 61-440-008, 7 61-440-01 1, 7 61-440-012, 7 61-440-016, 7 61-440-018 WHEREAS, the Planning Commission recommended certification of the Mitigated Negative Declaration at its meeting of September 11, 2001, per Resolution 2001-1 18; and 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 2001-430) and has determined that although the proposed General Plan Amendment 2001-079, Zone Change 2001-102 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 recommending certification of said Environmental Assessment: 1. The proposed General Plan Amendment 2001-079, Zone Change 2001-102 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts wer25 3 P:\Michele\CoraIMtCCResoEA-430.wpd 01. 4 Resolution 2001- Environmental Assessment 2001-430 Coral Mountain October 2, 2001 identified by Environmental Assessment 2001-430. 2. The proposed General Plan Amendment 2001-079, Zone Change 2001-102 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 2001-079 and Zone Change 2001-102 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 2001-079 and Zone Change 2001-102 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 2001-079 and Zone Change 2001-102 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 2001-430 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. 254 P:\Michele\CoraIMtCCResoEA-430.wpd Resolution 2001- Environmental Assessment 2001-430 Coral Mountain October 2, 2001 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 constitutes the findings of the City Council for this Environmental Assessment. 2. That it does hereby recommend to the City Council certification of Environmental Assessment 2001-430 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 2001-430 reflects the independent judgement of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of October, 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, City Clerk City of La Quinta, California (City Seal) 25a P:\Michele\CoraIMtCCResoEA-430.wpd Resolution 2001- Environmental Assessment 2001-430 Coral Mountain October 2, 2001 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Michele\CoraIMtCCResoEA-430.wpd Environmental Checklist Form 1. Project Title: General Plan Amendment 2001-079, Zone Change 2001- 102, Pre -Annexation land use designation and zoning 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: Northwest corner of Avenue 60 and Madison Street 5. Project Sponsor's Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 6. General Plan Designation: Proposed: Low Density Residential 7. Zoning: Proposed: 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.) General Plan Amendment and Zone Change to assign land use and zoning designations for an annexation application to the City of La Quinta. The proposed designation is Low Density Residential. The current County General Plan designations are 3A (0.4-2 units per acre) and Planned Residential Reserve (0-5 units per acre). County Zoning is currently W-2 and RA (Residential Agriculture). The land under consideration consists of approximately 40 acres. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant desert lands, approved Coral Mountain Specific Plan South: Levee, vacant desert lands, Travertine Specific Plan West: Vacant desert lands, approved Coral Mountain Specific Plan East: Vacant desert lands, approved Coral Mountain Specific Plan 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Local Agency Formation Commission 2 5 P:\Michele\CoralMt EA Chklst.wpd 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 Hazards and Hazardous Public Services Materials Agriculture Resources Hydrology and Water Quality Recreation Air Quality Land Use Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems Cultural Resources Noise Mandatory Findings Geology and Soils Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: find that the proposed project COULD NOT have a significant effect on the environment, ad a NEGATIVE DECLARATION will be prepared find that although the proposed project could have a significant effect on the environment, sere will not be a significant effect in this case because revisions in the project have been lade by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will e prepared. find that the proposed project MAY have a significant effect on the environment, and an NVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially significant impact" or "potentially gnificant unless mitigated" on the environment, but at least one effect 1) has been adequately ialyzed in an earlier document pursuant to applicable legal standards, and 2) has been ldressed by mitigation measures based on the earlier analysis as described on attached sheets. n ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects iat remain to be addressed. find that although the proposed project could have a significant effect on the environment, cause all potentially significant effects (a) have been analyzed adequately in an earlier EIR .irsuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier IR, including revisions or mitigation measures that are imposed upon the proposed project, further is required. August 10, 2001 Date For the City of La Quinta PAMichele\CoralMt EA Chklst.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 XVIH, "Earlier Analysis," may be cross-referenced). 5) Earlier analysis 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 analysis 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 259 .Fl 0 0 OW P:\Michele\CoralMt EA Chklst.wpd Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact Mitigated Impact Impact Would the proposal result in potential impacts involving: I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) I I I I X b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the X 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 X 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) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) X c) Involve other changes in the existing environment which, due to X 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) X b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) X 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 X quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) X e) Create objectionable odors affecting a substantial number of people? I I I I X (Project Description) IV. BIOLOGICAL RESOURCES: Would the project: PAMiche1e\Cora1Mt EA Chkist.wpd t'i 21. 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, Exhibit 5-1) 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 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? (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? (Lakebed Delineation Map) d) Disturb any human remains, including those interred outside of formal cemeteries? (General Plan EIR, p. 4-77 ff.) 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) PAMiche1e\Cora1Mt EA Chklst.wpd On 261 J 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) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment p. 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: owW01W 92Or PAMiche1e\Cora1Mt EA Chklst.wpd 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 4-30 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 4-30 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 4-30 ff.) 0 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 coastal 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 Assess. 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, page 4-157 ff.) 024263 PAMichele\CoralMt EA Chklst.wpd b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? (General Plan EIR, page 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, page 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? (Master Environmental Assessment) 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) 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) PAMiche1e\Cora1Mt EA Chklst.wpd 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 EIR, page 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, page 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? (General Plan EIR, page 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (General Plan EIR, page 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: 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) PAMiche1e\Cora1Mt EA Chklst.wpd - 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 ANALYSIS. Earlier analysis 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 analysis used. Identify earlier analysis and state where they are available for review. None 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. None PAMiche1e\Cora1Mt EA Chklst.wpd 10 4,66 027 SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. City of La Quinta Municipal Code 267 PAMichele\CoralMt EA Chklst.wpd Addendum for Environmental Assessment 2001-430 I. d) The proposed annexation will not result in an increase in light or glare in and of itself. Buildout of the 40 acres, however, will generate light, since the buildout of the area could generate up to 160 dwelling units. The land use designation to be placed on the parcel will result in low density residential units, which generate low levels of light. The project will be required to meet the City's standards for outdoor lighting, which will ensure that lighting is directed downward and contained within the site. These standards will mitigate the potential impacts of light and glare to a less than significant level. II. c) This portion of the annexation area consists of 40 acres. An additional 342 acres occurs west and north of the subject parcels. The 40 acres are divided into 12 lots. The land is designated in the County General Plan for either 3A (0.4-2 units per acre, or Planned Residential Reserve, which allows 0 to 5 units per acre. Zoning on the parcels is either W-2 or RA (Residential Agriculture), which encourage residential rather than agricultural land uses. At buildout of the annexation area, which would be designated Low Density Residential, a total of 160 single family units could occur on the site. Current development consists of a few single family residences and vacant desert lands. The acreage is already subdivided, generally in parcels of 5 acres or less. An approved Specific Plan for residential and golf course development occurs on the north and west. This parcelization, and the approved Specific Plan, are not conducive 'to agricultural activities, insofar as the parcel size is too small to accommodate significant agricultural activity, and urban development is planned in the immediate future. The impacts to agricultural land uses from annexation of the area are not expected to be significant. III. c) & d) The primary source of air pollution in the City is the automobile. Annexation will not increase air emissions, but the buildout of the project will. The proposed land use designation for the subject properties is low density residential, 0-4 units per acre. A maximum of 160 single family residences could be built yvithin the area. Based on calculations provided by the Institute of Traffic Engineers, 160 units could generate up to 1,531 trips per day'. Based on this daily trip generation, the potential impacts associated with vehicle traffic generated from the properties can be calculated. As shown in the Table below, buildout of the Institute of Transportation Engineers, "Trip Generation, 6th Edition." Rate calculated for single family residential, at 9.57 trips per day. P:\Michele\CoraIMtEA Add 430.WPD annexation area will not exceed any SCAQMD thresholds. Moving Exhaust Emission Projections at Project Buildout (Pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) Miles/Day 1,531 X 6 = 9,186 PM 10 PM 10 PM 10 Pollutant ROC CO NO Exhaust Tire Wire Brake Wear Grams at 50 mph 826.74 21,495.24 4,409.28 - 91.86 91.86 Pounds at 50 mph 1.83 47.45 9.73 - 0.20 0.20 Threshold 75.00 550.00 100.00 150.00 Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 F, light duty autos, ctalytic. The Coachella Valley is a non -attainment area for PM 10 (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. Although no immediate project is proposed, the disturbance of the parcels for construction will eventually have an impact on air quality from PM 10. These impacts can be mitigated by the mitigation measures below. 1. No earth moving activity shall be undertaken without the review and approval of a PM 10 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. Exiting 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 2 6 9 feet prior to the onset of grading activities. 030 P:\Michele\CoraIMtEA Add 430.WPD 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. 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 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 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 buildout of the annexation area will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or transit route improvements in the future are not included in the analysis. IV. a) Annexation of the parcels will not have a significant impact on biological resources. The parcels are isolated, and some have been developed. Prior to development on the parcels, City staff will review the area's potential as habitat for sensitive species, as part of individual project approvals. Should the parcels be identified as being likely habitat, the City's General Plan requires that biological resource analysis be performed. The resulting reports, if any, will 270 431, P:\Michele\CoraIMtEA Add 430.WPD include mitigation measures for any identified species. V. b) Annexation of the project site will not, in of itself, have an impact on cultural resources. Buildout of the site, however, could impact such resources. Prior to development on the parcels, City staff will review the area's potential for cultural resources, as part of individual project approvals. Should on -site surveys be necessary, the City's General Plan requires that cultural resource analysis be performed. The resulting reports, I any, will include mitigation measures for any identified species. VI. a) i) & ii) The proposed project lies in a Zone III 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. The project area may be subject to liquefaction2. In order to protect the City from hazards associated with groundshaking and liquefaction, the City has adopted the Uniform Building Code, and the associated construction requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans for specific projects. This requirement will ensure that impacts from ground failure or liquefaction are reduced to a less than significant level. VI. c) The soils for this area will be examined through an on -site soil analysis required by the City Engineer prior to issuance of grading permits for individual projects. These requirements will reduce potential impacts to a less than significant level. VIII. b) All development adds to 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. At the time the properties are developed, individual projects will be required to retain storm flows on -site, which will encourage percolation of storm water into the ground. Developers or land owners will also be required to implement the City's standards for water conserving plumbing fixtures. Finally, all future projects 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 existing City standards will reduce potential impacts to a less than significant level. IX.b) The County of Riverside currently has jurisdiction over the annexation area. The 2 City of La Quinta General Plan, Exhibit EH-1. 271 032 P:\Michele\CoraIMtEA Add 430.WPD land use designation for the subject property is under the County General Plans 3A and Planned Residential Reserve. The City proposes a Low Density Residential designation for the properties, which is of similar character to that currently in place under the County. The lands to the north, west and southeast are planned for four units to the acre and golf course development, which is also compatible with the proposed land use designation. The annexation and ultimate development of the properties represents a logical extension of the City's urban boundary, insofar as properties to the west have been developed, and the City's growth will be accommodated in this area. The impacts to land use are not expected to be significant. XI. a) The noise environment in the annexation area is generally quiet, due to limited development and low traffic volumes. The ultimate development of the site will result in an increase in noise levels, particularly noise generated by automobiles. The proposed land use designation will result in residential land uses on the site, which are considered sensitive receptors. The City requires the preparation of noise analyzes when projects are proposed adjacent to major roadways. At the time that individual projects are proposed, the City will review the potential noise impacts associated with the properties, and require analysis if it is necessary. The reports resulting from this analysis will include mitigation measures if required. XIII. a) Both annexation and construction of the subject property will result in potential impacts for police and fire services, and schools. The property, once developed, will generate property tax. These taxes will contribute to the City's General Fund, and offset the potential impact to police and fire service. The individual projects to be developed in the future will be required to pay school fees. The ultimate development of the annexation area is not expected to have a significant impact on municipal services or facilities. XVI. b)- f) Although the annexation will have no impact on utilities, the ultimate buildout of the site will have an impact on utilities and public services. However, the overall impacts of the project on these services is not expected to be significant, insofar as these suppliers will charge the residents for their services, and provide improvements to these services as needed. In addition, connection fees will be required of the project proponent at construction of the project. These fees and charges will mitigate the potential impacts to a less than significant level. 272 033 P:\Michele\CoraIMtEA Add 430.WPD PLANNING COMMISSION RECOMMENDATION RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO ASSIGN LOW DENSITY RESIDENTIAL AND GOLF COURSE DESIGNATION TO APPROXIMATELY 342 ACRES LOCATED IN THE GENERAL AREA SOUTH OF AVENUE 58, NORTH OF AVENUE 60, WEST OF MADISON STREET, AND EAST OF LAKE CAHUILLA. CASE NO.: GENERAL PLAN AMENDMENT 2001-079 CORAL MOUNTAIN, LLC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2nd day of October, 2001, hold a duly noticed Public Hearing, at the request of Coral Mountain, LLC. to review a General Plan Amendment to assign pre -annexation land use designation of Low Density Residential and Golf Course to approximately 342 acres, pending annexation to the City, located in the general area south of Avenue 58, north of Avenue 601 west of Madison Street, and east of Lake Cahuilla, more particularly described as: RIVERSIDE COUNTY SPECIFIC PLAN NO. 218, AMENDMENT#1 APNS: 761-100-003, 761-100-005, 761-100-006, 761-1 10-001, 761-1 10-002, 7 61-1 10-003, AND 7 61-1 10-004 WHEREAS, the Planning Commission recommended approval of General Plan Amendment 2001-079 at its meeting of September 11, 2001, per Resolution 2001-1 19; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said General Plan Amendment: 1. Consistency with the General Plan. Based on the total possible number of units for this project, the proposed land use designation is consistent with the goals, objectives, and policies of the current General Plan. 2. Public Welfare. The proposed land use designation will not create any conditions that would be materially detrimental to public health, safety, or September 7, 2001 270 034 general welfare in that any future residential development would conform to the required safety standards as set forth by the City of La Quinta and the State of California. 3. Compatibility. As proposed, the land use designation is compatible with the land use designations on the adjacent properties currently located within the City of La Quinta. The surrounding development in the area is characterized by single family residences around golf course development. 4. Property Suitability. The proposed land use designation is suitable and appropriate for the subject property in that there are a number of developments in the immediate area which have the same designation and the subject property is configured well for the proposed uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that the addendum to the Environmental Impact Report assessed the environmental concerns of the General Plan Amendment; and, 3. That it does approve General Plan Amendment 2001-079 as contained in Exhibit "A" attached hereto and made part of, for the reasons set forth in this Ordinance effective upon annexation. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of October, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 2(4 035 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 275- 036 7� Coral Mountain. LLC PLANNING COMMISSION RECOMMENDATION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE, ASSIGNING LOW DENSITY RESIDENTIAL AND GOLF COURSE DESIGNATION TO APPROXIMATELY 342 ACRES LOCATED IN THE GENERAL AREA SOUTH OF AVENUE 58, NORTH OF AVENUE 60, WEST OF MADISON STREET, AND EAST OF LAKE CAHUILLA. CASE NO.: ZONE CHANGE 2001-102 CORAL MOUNTAIN, LLC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of October, 2001, hold a duly noticed Public Hearing, at the request of Coral Mountain, LLC. to review a Pre -Annexation Zone Change to allow the pre -zoning of approximately 342 acres, pending annexation to the City, located in the general area south of Avenue 58, north of Avenue 60, west of Madison Street, and east of Lake Cahuilla, more particularly described as: RIVERSIDE COUNTY SPECIFIC PLAN NO. 218, AMENDMENT #1 APNS: 761-100-003, 761-100-005, 761-100-006, 761-1 10-001, 761-1 10-002, 7 61-1 10-003, AND 7 61-1 10-004, WHEREAS, the Planning Commission recommended approval of Zone Change 2001-102 at its meeting of September 11, 2001, per Resolution 2001-120; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to recommend approval of said Zone Change: 1. Consistency with the General Plan. Based on the total possible number of units for this project, the proposed zoning designation is consistent with the goals, objectives, and policies of the current General Plan. 2. Public Welfare. The proposed zoning designation will not create any conditions that would be materially detrimental to public health, safety, or general welfare in that any future residential development would conform to the required safety standards as set forth by the City of La Quinta and the State of California. 278 039 3. Compatibility. As proposed, the zoning designation is compatible with the land use designations on the adjacent properties currently located within the City of La Quinta. The surrounding development in the area is characterized by single family residences around golf course development. 4. Property Suitability. The proposed zoning designation is suitable and appropriate for the subject property in that there are a number of developments in the immediate area which have the same designation and the subject property is configured well for the proposed uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that the addendum to the Environmental Impact Report assessed the environmental concerns of the Zone Change; and, 3. That it does approve Zone Change 2001-102 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 2nd day of October, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California so 4). i® r i 2,100' VWAFs S'V '4 W% 4 EXHIBIT A EXISTING ZONING (Riv. Co.) . 2& T65R7E BUN. 761-100,110 Assessors zw LOWER COACHELLA VALLEY INST Thm B 5530 Sao 06/21/01 B °° JPG Coral Mountain, LLC 015" Sap. 4th Dist. 61ST AV 0- STAFF RECOMMENDATION RESOLUTION 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO ASSIGN LOW DENSITY RESIDENTIAL AND GOLF COURSE DESIGNATION TO APPROXIMATELY 382 ACRES LOCATED IN THE GENERAL AREA SOUTH OF AVENUE 58, NORTH OF AVENUE 60, WEST OF MADISON STREET, AND EAST OF LAKE CAHUILLA. CASE NO.: GENERAL PLAN AMENDMENT 2001-079 CORAL MOUNTAIN, LLC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of October, 2001, hold a duly noticed Public Hearing, at the request of Coral Mountain, LLC. to review a General Plan Amendment to assign pre -annexation land use designation of Low Density Residential and Golf Course to approximately 382 acres, pending annexation to the City, located in the general area south of Avenue 58, north of Avenue 60, west of Madison Street, and east of Lake Cahuilla, more particularly described as: RIVERSIDE COUNTY SPECIFIC PLAN NO. 218, AMENDMENT #1 APNS: 761-100-003, 761-100-005, 761-100-006, 761-1 10-001, 761-1 10-002, 7 61-1 10-003, 7 61-1 10-004, 7 61-1 10-006, 7 61-1 10-008, 7 61-1 10-010, 7 61-1 10-013, 7 61-1 10-014, 7 61-440-003, 7 61-440-004, 7 61-440-008, 761-440-011, 761-440-012, 761-440-015, 761-440-016, 761-440-017, 7 61-440-018, AND 7 61-440-019 WHEREAS, the Planning Commission recommended approval of General Plan Amendment 2001-079 at its meeting of September 11, 2001, per Resolution 2001-1 19; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to approve said General Plan Amendment: 1. Consistency with the General Plan. Based on the total possible number of units for this project, the proposed land use designation is consistent with the goals, objectives, and policies of the current General Plan. September 7, 2001 2 8 of"' 044 2. Public Welfare. The proposed land use designation will not create any conditions that would be materially detrimental to public health, safety, or general welfare in that any future residential development would conform to the required safety standards as set forth by the City of La Quinta and the State of California. 3. Compatibility. As proposed, the land use designation is compatible with the land use designations on the adjacent properties currently located within the City of La Quinta. The surrounding development in the area is characterized by single family residences around golf course development. 4. Property Suitability. The proposed land use designation is suitable and appropriate for the subject property in that there are a number of developments in the immediate area which have the same designation and the subject property is configured well for the proposed uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that the addendum to the Environmental Impact Report assessed the environmental concerns of the General Plan Amendment; and, 3. That it does approve General Plan Amendment 2001-079 as contained in Exhibit "A" attached hereto and made part of, for the reasons set forth in this Ordinance effective upon annexation. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 2"d day of October, 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, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California t5o 0�4 6 Coral Mountain. LLC ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE, ASSIGNING LOW DENSITY RESIDENTIAL AND GOLF COURSE DESIGNATION TO APPROXIMATELY 382 ACRES, WITH AN EQUESTRIAN OVERLAY TO 40 OF THOSE ACRES, LOCATED IN THE GENERAL AREA SOUTH OF AVENUE 58, NORTH OF AVENUE 60, WEST OF MADISON STREET, AND EAST OF LAKE CAHUILLA. CASE NO.: ZONE CHANGE 2001-102 CORAL MOUNTAIN, LLC. WHEREAS, the City Council of the City of La Quinta, California, did on the 2"d day of October, 2001, hold a duly noticed Public Hearing, at the request of Coral Mountain, LLC. to review a Pre -Annexation Zone Change to allow the pre -zoning of approximately 382 acres, pending annexation to the City, located in the general area south of Avenue 58, north of Avenue 60, west of Madison Street, and east of Lake Cahuilla, more particularly described as: RIVERSIDE COUNTY SPECIFIC PLAN NO. 218, AMENDMENT #1 APNS: 761-100-003, 761-100-005, 761-100-006, 761-1 10-001, 761-1 10-002, 7 61-1 10-003, 7 61-1 10-004, 7 61-1 10-006, 7 61-1 10-008, 7 61-1 10-010, 761-1 10-013, 761-1 10-014, 761-440-003, 761-440-004, 761-440-008, 761-440-01 1, 761-440-012, 761-440-015, 761-440-016, 761-440-017, 7 61-440-018, AND 7 61-440-019 WHEREAS, the Planning Commission recommended approval of Zone Change 2001-102 at its meeting of September 11, 2001, per Resolution 2001-120; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to recommend approval of said Zone Change: 1. Consistency with the General Plan. Based on the total possible number of units for this project, the proposed zoning designation is consistent with the goals, objectives, and policies of the current General Plan. 288 (� 4 3 2. Public Welfare. The proposed zoning designation will not create any conditions that would be materially detrimental to public health, safety, or general welfare in that any future residential development would conform to the required safety standards as set forth by the City of La Quinta and the State of California. 3. Compatibility. As proposed, the zoning designation is compatible with the land use designations on the adjacent properties currently located within the City of La Quinta. The surrounding development in the area is characterized by single family residences around golf course development. 4. Property Suitability. The proposed zoning designation is suitable and appropriate for the subject property in that there are a number of developments in the immediate area which have the same designation and the subject property is configured well for the proposed uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby confirm the conclusion that the addendum to the Environmental Impact Report assessed the environmental concerns of the Zone Change; and, 3. That it does approve Zone Change 2001-102 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 2"d day of October, 2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 289 050 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 290 051. ATTACHMENT #1 055 93 ATTACHMENT #2 Planning Commission Minutes August 28, 2001 ROLL CALL: AYES: Commissioner o bins, Tyler, and Chairma NOES: None. ABSTAIN: None. ABSENT: e. F. Addendum to Riverside county Environmental Impact Report #232 Environmental Assessment 2001-079, and Zone Chanae 2001-102: a request of_ Coral Mountain LLC for certification of an Addendum to Riverside County EIR #232; certification of a Mitigated Negative Declaration of Environmental Impact for 40 acres located at the northwest corner of Madison Street and Avenue 60 not included in Riverside County Specific Plan No. 218, Amendment No. 1; a preannexation General Plan designation from County designation MR (Medium Residential - 2-5 units per acre) and GC (Golf Course) as shown in Riverside County Specific Plan No. 218 Amendment No. 1 to LDR (Low Density Residential - 2-4 units per acre); a preannexation General Plan designation from County designation 3A (00.4 - 2 units per acre) to LDR (Low Density Residential) on the 40 acres at the northwest corner of Madison Street and Avenue 50 not included in Riverside County Specific Plan No. 218, Amendment No. 1; a Zone Change from Riverside County designation of SP (Specific Plan) as shown in Riverside County Specific Plan No. 218 Amendment No. 1 to RL (Low Density Residential) and GC (Golf Course); and a Zone Change from Riverside County designation of RA (Residential Agriculture) and W-2 (Controlled Development) to RL (Low Density Residential) and GC (Golf Course) on the 40 acres at the northwest corner of Madison Street and Avenue 60 not included in Riverside County Specific Plan No. 218, Amendment No. 1, for the property located at the southwest corner of Madison Street and Avenue 58. 1. Chairman Abels 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. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if the existing abandoned two story house had any historical significance to the City. Staff stated no. 3. Chairman Abels asked if the applicant would like to address the Commission. Mr. Patrick O'Dowell, representing the applicant, stated he was available for any questions. 294 G:\WPDOCS\PC9-11-01 .wpd 14 0- 5 6 Planning Commission Minutes August 28, 2001 4. There being no questions of staff, Chairman Abels asked if there was any other public comment. Mr. Brian DeCoster, asked what properties were involved in this annexation. Staff explained the area. Mr. DeCoster stated he jointly owned property in this area with Dr. Kathy Carlson and their concern was whether or not they would be allowed to have horses. He would like to ask that their property be withdrawn from the annexation until such time as the equestrian issues were resolved. He was raising the question because their Assessor Parcel Number was not included in the Public Hearing Notice and should have been if their property was included in the annexation area. They are not interested in an Equestrian Overlay, but zoning that would include horses. 5. Commissioner Kirk asked if their property could be excluded from the annexation until it is verified that all the property owners had been contacted. Staff stated the applicant is desiring to annex his property into the City as soon as possible to develop their project. The Commission can make a recommendation to the City Council that this portion be left in and let them deal with the equestrian issue, or it can be removed and the City Council can determine whether or not to take it out. Staff included it in the annexation because it created a logical boundary for LAFCO to accept. 6. Commissioner Tyler asked how many property owners were objecting to this annexation. Mr. DeCoster stated he was only aware of eight properties that are on Calle Conchita and he does not speak for anyone except himself. 7. Commissioner Robbins asked staff to address the issue of equestrian uses. Staff stated the Residential Zone, R-1 does allow horses on one acre in size. The issue of equestrian/agricultural uses will be addressed during the General Plan Update public hearings. Staff is proposing to eliminate the Equestrian Overlay and create an Agricultural/Equestrian Zoning District. 8. Commissioner Butler stated that in approving the application, they were in a sense speaking for homeowners that are not represented. Staff stated there could be a potential of 11 property owners. Discussion followed regarding the property involved in the annexation area. 295 057 G:\WPDOCS\PC9-1 1-01.wpd 15 Planning Commission Minutes August 28, 2001 9. Commissioner Robbins asked if the annexation went ahead as proposed, how does it affect any current, or future property owner from have horses. Staff stated the current Code states that if there is an existing land use activity that is not permitted under the Code you are allowed to continue that activity as long as you do not abandon it for a year, or more. The issue that has been raised with other property owners in the planning area to the east, is that if they were to stop their activity for more than a year, they cannot get it back. Staff is trying to change this during the General Plan Update. Mr. DeCoster stated he thought his rights were at risk. Commissioner Robbins stated that if Mr. DeCoster were to move onto his property after it was annexed he would not be able to have horses. Staff stated the current Code will allow one horse if there is an acre or more. If there are no horses there, there is no use established. Staff stated that under the current City zoning they would be allowed one horse for each 2.5 acres. Mr. DeCoster stated that under the current County zoning they are allowed more horses than this. If the City wants to continue the annexation with this zoning, the other owners should be contacted. 10. Commissioner Kirk asked if staff was confident that all the property owners had been contacted. Staff stated they were contacted. Mr. DeCoster stated he did receive the public hearing notice but it did not include his parcel and that is why the others are not at the meeting. 11. Dr. Kathryn Carlson, joint property owner with Mr. DeCoster, stated she was concerned as to when this zoning would take place. If they did not currently have horses on their 2.5 acres, and their property was annexed and they were to move onto their property, they would only be allowed one horse. 12. Commissioner Robbins asked what the County zoning allowed. Staff stated five horses per acre for A-1-20 zoning. Staff stated the County zoning for this acreage is R-A Residential Agricultural. 13. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 296 058 G:\WPDOCS\PC9-1 1-01.wpd 16 Planning Commission Minutes August 28, 2001 14. Commissioner Tyler stated their options were to exclude this property and approve Coral Mountain's request, approve the entire request as submitted, or deny the entire request. Staff stated that is basically the options before the Commission. If the Commission keeps the boundaries as recommended by staff and it goes to the Council and they approve the same boundary, then it would be submitted to LAFCO who would conduct their own public hearings. Before it would even be,sent to LAFCO a petition would have to be circulated to all the property owners accepting the zoning designations. If .the City does not get all the signatures of all the property owners, then it is based on assessed value and percentages. The hearing notices for the City Council public hearing did include all the Assessor Parcel Numbers for all properties affected. 15. Commissioner Kirk asked why the hearing notice for the City Council public hearing was more comprehensive and precise than the Planning Commission hearing. Staff stated the map and description were correct, but not all the Assessor Parcel Numbers were listed. Commissioner Kirk stated that as the Planning Commission was not the final approval, but a recommending body, the property owners would have an opportunity to speak again before the City Council. This would give time for staff to work with these individuals regarding their zoning. Staff stated the proposed Equestrian/Agricultural zoning would be available for public review and comment on September 19, 2001. 16. Mr. DeCoster stated this was a very diplomatic response and certainly sensitive to the concerns raised, although he did not understand how they could approve something that was not correctly noticed. Assistant City Attorney John Ramirez stated that as he understands the facts, the notice was provided to property owners. The issue is that the notice received did not include the Assessor Parcel Numbers but did include the accurate legal description. Assuming that is the case, that is adequate notice. Obviously, one of the property owner did in fact appear and as Commissioner Kirk has stated, there will be ample opportunity to be heard at the City Council hearing. 17. Dr. Carlson stated this does not sit right with her that it would be approved. Even though this is not the final judgement body, it is setting a precedent of five peoples opinion, putting it on paper in 2 V 059 G:\WPDOCS\PC9-1 1-01.wpd 17 Planning Commission Minutes August 28, 2001 writing. There are people who trust each one of the Commissioner's opinion and make governing decisions based upon their opinions. 18. Commissioner Butler asked staff what would happen if they approved this excluding this portion; what kind of a problem are they creating. Staff stated all the property owners were mailed a notice. The Commission could make any decision they wanted to and staff would take that recommendation to the City Council ; however, staff will reiterate their initial recommendation. 19. Commissioner Robbins stated he did not believe it was appropriate to move forward without this property being included in the annexation as it creates an island and LAFCO would not approve that. With there being a questions as to how this was noticed, it should be re -noticed with a notice that accurately portrays what the area is and lists the correct Assessor Parcel Numbers and then brought back to the Planning Commission. 20. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abets to continue the application to October 9, 2001. 21. Commissioner Kirk asked the applicant, Mr. O'Dowell for his opinion on continuing the application. Mr. O'Dowell stated this was a time sensitive project and a 30-day delay would affect their future plans for the project. He understands the issues being discussed and appreciates their deliberation over them. These parcels were included with their annexation because it was the proper way to complete the boundaries for the annexation. It is appropriate to move forward and approve this application rather than continue the process which does not void anyone's rights. 22. Commissioner Butler asked what the options were if the owners did not want to be a part of the annexation. Staff stated that depending upon what the percentages showed, they could be forced into the annexation regardless of their objection. 23. Chairman Abels withdrew his second and the motion died. 24. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-1 17 certifying an 2 Addendum to Riverside County Environmental Impact Report No. 98 232. - - 060 G:\WPDOCS\PC9-1 1-01.wpd 18 Planning Commission Minutes August 28, 2001 ROLL CALL: AYES: Commissioners Kirk, Tyler, and Chairman Abels. NOES: Commissioners Butler and Robbins. ABSTAIN: None. ABSENT: None. 25. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-1 18 certifying a Mitigated Negative Declaration of Environmental Impact for the 40 acres located at the northwest corner of Madison Street and Avenue 60 not included in Riverside County Specific Plan No. 218 Amendment No. 1. ROLL CALL: AYES: Commissioners NOES: Commissioners None. ABSENT: None. Kirk, Tyler, and Chairman Abels. Butler and Robbins. ABSTAIN: 26. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-1 19 recommending approval of General Plan Amendment 2001-079, subject to findings and Conditions of Approval as amended: a. With the removal of the 40-acre parcel at the southwest corner of Mdison Street and Avenue 60 from the application. ROLL CALL: AYES: Commissioners NOES: Commissioners None. ABSENT: None. Kirk, Tyler, and Chairman Abels. Butler and Robbins. ABSTAIN: 27. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-120 recommending approval of Zone Change 2001-102, subject to the findings as amended. a. With the removal of the 11 or 12 lots from the application. ROLL CALL: AYES: Commissioners Kirk, Tyler, and Chairman Abels. NOES: Butler and Robbins. ABSTAIN: None. ABSENT: None. G. Capital Im rovem t Project 2001-694; a request of the City for review of building elevations landscape plans for the La Quinta Community Park to be located at the rthwest corner of Westward Ho Drive and Adams Street. 299 0 61. G:\WPDOCS\PC9-1 1-01.wpd 19