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2003 04 01 CC
City Council Agendas are available on the City's. Web Page @ www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, ARril 1, 2003 - 2:00 P.M. Beginning Res. No. 2003-017 Ordinance No. 381 I. CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, Mayor Adolph 11. PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency 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 NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, when the Agency is considering acquisition of property, persons identified as negotiating parties are not invited into the Closed Session Meeting. 1. CONFERENCE WITH LABOR NEGOTIATORS - SKI HARRISON, MARK WEISS, AND JOHN RUIZ - REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS. City Council Agenda Page 1 Apr2003 000 RECONVENE AT 3:00 PM IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT At this time members of the public may address the Agency Board 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 City Council Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the Agency beginning consideration of that item. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS - NONE Vill. WRITTEN CORRESPONDENCE - NONE IX. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 18, 2003 X. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER FOR APRIL 1, 2003. 2. APPROVAL OF A REQUEST BY THE RIVERSIDE COUNTY HEALTH SERVICES AGENCY TO UTILIZE THE CITY COUNCIL CHAMBERS FOR A FREE LA QUINTA IMMUNIZATION CLINIC ON JULY 9 AND AUGUST 13, 2003 FROM 10:00 A.M. TO 12:00 P.M. AND TUBERCULOSIS RECHECKS IN THE STUDY SESSION ROOM ON JULY 11 AND AUGUST 15, 2003 FROM 10:00 A.M. TO 10:30 A.M. City Council Agenda Page 2 April 1, 2003 n �, 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND 'SUBDIVISIGN IMPROVEMENT AGREEMENT FOR TRACT NO. 29323-1, ESPLANADE, LA QUINTA DUNES 350, INC. 4. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30834, STONE CREEK RANCH, MADISON ESTATES, LLC. 5. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAPBOX DERBY TO BE HELD APRIL 26, 2003 ON AVENIDA BERMUDAS. 6. APPROVAL AND ACCEPTANCE OF GRANT DEED FROM 111 VENTURE, LLC FOR CERTAIN REAL PROPERTY LOCATED NORTH OF HIGHWAY 111 AND EAST OF ADAMS STREET FOR THE PURPOSES OF ROADWAY IMPROVEMENTS - THE EXTENSION OF LA QUINTA DRIVE. 7 ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF CATERING SERVICES FOR SENIOR CENTER SPECIAL EVENTS. 8. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE RETIRED AND SENIOR VOLUNTEER PROGRAM. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE RECREATION SUPERVISOR TO ATTEND THE CALIFORNIA, JPIA PLAYGROUND SAFETY INSPECTOR CERTIFICATION COURSE AND NATIONAL EXAM, MAY 21-23, 2003 IN LA PALMA, CALIFORNIA. 10. APPROVAL OF: 1) LOAN FROM THE GENERAL FUND TO LA QUINTA REDEVELOPMENT AGENCY PROJECT AREA NO. 1; AND 2) ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY SECTION 33445. 11. APPROVAL OF CITY COUNCIL GOALS. XI. BUSINESS SESSION - NONE XII. STUDY SESSION 1. DISCUSSION OF CITY OF LA QUINTA MARKETING STRATEGIES FOR FISCAL YEAR 2003/2004. 2. DISCUSSION OF THE DRAFT ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2003/2004 3. DISCUSSION OF THE DRAFT CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/2004. �C4P3 City Council Agenda Page 3 April 1, 2003 XIII. REPORTS AND INFORMATIONAL ITEMS XV. 1. ` CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PERKINS) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) - 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 7. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH /SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (R. TYLER) 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. INVESTMENT ADVISORY BOARD MINUTES DATED FEBRUARY 12, 2003. DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES MONTHLY REPORT - NONE 7. FINANCE DIRECTORS REPORT - NONE 8. PUBLIC WORKS DIRECTOR MONTHLY REPORT - NONE 9. POLICE CHIEF'S MONTHLY REPORT - NONE 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR AND COUNCIL MEMBER'S ITEMS - NONE City Council Agenda RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. Page 4 April 1, 2003 0OA 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 time. XVII. PRESENTATIONS 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. Any person may submit written comments to the La Quinta City Council before a public hearing or may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be. limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER AND ACT ON AN APPEAL OF THE PLANNING COMMISSION'S DECISION OF JANUARY 28, 2003, TO ADOPT RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2002-460) AND APPROVE A 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03-ACRE SITE, LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 48. APPELLANT: RANCHO LA QUINTA HOMEOWNERS ASSOCIATION. A. RESOLUTION ACTION XIX. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on April 15, 2003, commencing with closed session at 2:00 p.m. and open session at the conclusion of the 3:00 p.m. City Council Business Session in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda Page 5 April 1, 2003 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 Tuesday, April 1, 2003, 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 1 1 1, on Friday, March 28, 2003. DATED: March 28, 2003 JU . GREEK, CIVIC, C' City of La Quinta, California Public Notices 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, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's Office at 7i77-7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda Page 6 April , 2003 0 K r , 91 rim, 1 1w frri 11 COUNCIL/RDA MEETING DATE: APRIL 1, 2003 ITEM TITLE: Demand Register Dated April 1, 2003 RECOMMENDATION: Approve Demand Register Dated April 1, 2003 BACKGROUND: Prepaid Warrants: 53256 - 532831 1,740,247.28 53284 - 532931 19,278.39 53294 - 532961 1919466.33 Wire Transfers} 308,535.74 P/R 10543 - 106201 1169252.40 P/R Tax Transfers} 329874.81 Payable Warrants: 53297 - 534171 190249999.49 $3,433,654.44 FISCAL IMPLICATIONS: Demand of Cash -City $21853,583.10 Demand of Cash -RDA $580,071.34 M. Falconer, finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 007 CITY OF LA QUINTA BANK TRANSACTIONS 3/13/03 - 3/25/03 3/14/03 WIRE TRANSFER - DEFERRED COMP $8,833.12 3/14/03 WIRE TRANSFER - PERS $11,482.82 3/14/03 WIRE TRANSFER - CREDIT UNION $5,942.00 3/17/03 WIRE TRANSFER - DEBT SVC PMNT - CITY HALL PROJECT $193,599.80 3/19/03 WIRE TRANSFER - RDA ESCROW $88,678.00 TOTAL WIRE TRANSFERS OUT $308,535.74 V0's IPA ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:01PM 03/25/03 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.*** 53297 03/25/03 &01964 ROBERT COX 18.00 53298 03/25/03 &01965 SHEILAH MELSNESS 5.00 53299 03/25/03 &01966 CATHERINE BALLARD 30.00 53300 03/25/03 &01967 JOSHUA SPRINGS CALVARY 740.00 53301 03/25/03 &01968 HAL KOONTZ 120.00 53302 03/25/03 &01969 MELTON WINDSOR 60.00 53303 03/25/03 &01970 CITY NAILS II 5.00 53304 03/25/03 &01971 DAN GALLATIN 4.00 53305 03/25/03 &01972 LESLIE FREDERICKS 25.00 53306 03/25/03 ACE007 ACE BUSINESS MACHINES 70.00 53307 03/25/03 ADT100 ADT SECURITY SVC INC 374.91 53308 03/25/03 AME004 AMERICAN PLANNING ASSOC 230.00 53309 03/25/03 AME100 AMERICAN SOCIETY OF CIVIL 75.00 53310 03/25/03 AME200 AMERIPRIDE UNIFORM SVCS 54.97 53311 03/25/03 AMS200 AMSTERDAM PRINTING 497.67 53312 03/25/03 AND008 ANDERSON COMMUNICATIONS 347.43 53313 03/25/03 ARC100 ARCH 710.93 53314 03/25/03 AUT030 AUTOMATED TELECOM 271.93 53315 03/25/03 AUT040 AUTOMATIC STOREFRONT 189.75 53316 03/25/03 BAR250 JOHN BARAJAS 4070.00 53317 03/25/03 BES100 BEST BUY CO INC HRS USE 80.79 53318 03/25/03 CAD010 CADET UNIFORM SUPPLY 215.57 53319 03/25/03 CAL015 CALIF BUILDING OFFICIALS 215.00 53320 03/25/03 CAL060 CALIF STREET MAINTENANCE 5243.52 53321 03/25/03 CAL065 CALIF JOINT POWERS INS 340.00 53322 03/25/03 CAL237 CALIFORNIA OVERNIGHT 15.50 53323 03/25/03 CAP025 CAPITAL REALTY ANALYSTS 4500.00 53324 03/25/03 CAP050 ROSMARY HEIM CAPUTO 420.00 53325 03/25/03 CDW050 CDW GOVERNMENT INC 65.87 53326 03/25/03 COR150 CORPORATE EXPRESS 100.29 53327 03/25/03 DES010 DESERT BUSINESS MACHINES 162.07 53328 03/25/03 DES012 DESERT CITIES CATERING 2000.00 53329 03/25/03 DES018 DESERT ELECTRIC SUPPLY 4.30 53330 03/25/03 DESO47 DESERT PHOTO LAB/STUDIO 18.43 53331 03/25/03 DES051 DESERT SANDS UNIFIED SCHL 270.00 53332 03/25/03 DES060 DESERT SUN PUBLISHING CO 1692.29 53333 03/25/03 DES065* DESERT TEMPS INC 2365.73 53334 03/25/03 DES085 DESERT VIEW TREE SVC 550.00 53335 03/25/03 DES450 DESIGN WORKSHOP INC 8648.69 53336 03/25/03 DIE050 DIETERICH POST 91.14 53337 03/25/03 DOU200 LES DOUGLAS 672.00 53338 03/25/03 DRU100 DRUMMOND AMERICAN CORP 1714.77 53339 03/25/03 EIS010 EISENHOWER IMMEDIATE CARE 390.00 53340 03/25/03 ENR100 ENRG FUEL USA INC 21.25 53341 03/25/03 EQUO10 DALE EQUITZ 75.00 53342 03/25/03 EXP200 EXPRESS DETAIL 430.00 53343 03/25/03 FED010 FEDERAL EXPRESS CORP 282.66 % C' 3 ki ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:01PM 03/25/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 53344 03/25/03 FIR015 FIRST AMERICAN REAL 151.49 53345 03/25/03 FRA030 FRANKLIN COVEY 23.73 53346 03/25/03 GAL050 GALL'S INC 703.54 53347 03/25/03 GAR040 GARZA TURF & POWER EQUIP 619.45 53348 03/25/03 GMA100 GMA 33600.00 53349 03/25/03 HAR100 JOHN HARDCASTLE 208.65 53350 03/25/03 HEG050 HEGGE ELECTRICAL 229.64 53351 03/25/03 HIL150 HILTON FARNKOPF & 3067.50 53352 03/25/03 HOA010 HUGH HOARD INC 1146.21 53353 03/25/03 HOM030 HOME DEPOT 1190.81 53354 03/25/03 INT075 INTER ACCESS SYSTEMS 65.38 53355 03/25/03 JAC150 STEVEN JACOBS 637.00 53356 03/25/03 JAG050 JAGUAR COMPUTER SYS INC 3872.54 53357 03/25/03 JON120 TIMOTHY R. JONASSON 1235.39 53358 03/25/03 JPRO10 JP REPROGRAPHICS 1847.18 53359 03/25/03 KIN100 KINER/GOODSELL ADVERTISNG 8058.50 53360 03/25/03 KRI100 BRUCE KRIBBS CONSTRUCTION 11492.00 53361 03/25/03 LAQ100 LA QUINTA VOLUNTEER FIRE 441.75 53362 03/25/03 L00010 LOCK SHOP INC 129.15 53363 03/25/03 LOW100 LOWE'S COMPANIES INC 107.22 53364 03/25/03 MAS100 BRADFORD MASCHO 390.00 53365 03/25/03 MAT100 MATICH CORPORATION 42125.41 53366 03/25/03 MCDO10 MC DOWELL AWARDS 194.12 53367 03/25/03 MOB200 MOBILE SATELLITE VENTURES 219.39 53368 03/25/03 M00095 MOORE MAINTENANCE & 4175.00 53369 03/25/03 MOY100 RICARDO MOYA 600.00 53370 03/25/03 NAT075 NATIONAL ENTERTAINMENT 219.62 53371 03/25/03 NAW010 RON NAWROCKI 500.00 53372 03/25/03 NET100 NETWORK SOLUTIONS INC 60.00 53373 03/25/03 NIC101 NICKERSON & ASSOC INC 5225.00 53374 03/25/03 OFF005 OFFICE DEPOT INC 419.02 53375 03/25/03 OFF300 OFFICE WORLD 80.77 53376 03/25/03 PAL200 PALOS SPORTS INC 27.00 53377 03/25/03 PER010 RONALD A PERKINS 24.25 53378 03/25/03 PFE100 DEBRA PFEIFFER 21.00 53379 03/25/03 PLA020 THE PLANNING CENTER 2410.40 53380 03/25/03 POS050 POSITIVE PROMOTIONS 68.45 53381 03/25/03 PRE015 THE PRESS -ENTERPRISE CO 377.02 53382 03/25/03 PRIO16 PRIME -STRIPE INC 180.00 53383 03/25/03 PRI020 THE PRINTING PLACE 751.02 53384 03/25/03 PR0005 PROFESSIONAL SERVICE IND 1965.50 53385 03/25/03 RAL050 RALPHS GROCERY CO 369.68 53386 03/25/03 RAS020 RASA - ERIC NELSON 3016.00 53387 03/25/03 RAS035 CHARLOTTE RASHMI-GRAFF 1022.00 53388 03/25/03 RBF100 RBF CONSULTING 1940.00 53389 03/25/03 RIE200 PAT RIENSCHE 315.00 53390 03/25/03 RIV100 RIVERSIDE COUNTY SHERIFFS 3753.60 53391 03/25/03 ROB200 SCOTT ROBERTSON 94.50 53392 03./25/03 ROS010 ROSENOW SPEVACEK GROUP 38241.67 01.0 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:01PM 03/25/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 53393 03/25/03 SAN005 SAN BERNARDINO COUNTY SUN 149.58 53394 03/25/03 SAW010 S'TAN B SAWA 101.84 53395 03/25/03 SAX100 SAXON ENGINEERING SERVICE 3850.00 53396 03/25/03 SIM020 JAMES E SIMON CO 784187.24 53397 03/25/03 SMA010 SMART & FINAL 370.06 53398 03/25/03 SOCO10 THE SOCO GROUP INC 90.72 53399 03/25/03 SOU007 SOUTHWEST NETWORKS, INC 2334.67 53400 03/25/03 SOU009 SOUTWEST AQUATICS INC 476.40 53401 03/25/03 STA045 STAN'S AUTO TECH 133.51 53402 03/25/03 STA049 STAPLES BUSINESS ADVANTGE 1093.77 53403 03/25/03 STE008 FRANK STEIN NOVELTY CO 214.41 53404 03/25/03 STUO10 WILLIAM STUBBLEFIELD 535.00 53405 03/25/03 SUN080 SUNLINE SERVICES GROUP 165.05 53406 03/25/03 TRI100 TRI STATE LAND SURVEYORS 2250.00 53407 03/25/03 TR0050 GREG TROUSDELL 105.20 53408 03/25/03 TRU010 TRULY NOLEN INC 163.00 53409 03/25/03 USA200 USA SUPPLY INC 868.39 53410 03/25/03 VAL020 VALLEY PLUMBING 1444.48 53411 03/25/03 VAN020 DENNIS VAN BUSKIRK 420.00 53412 03/25/03 VON010 VON'S C/O SAFEWAY INC 5.77 53413 03/25/03 WAL010 WAL MART COMMUNITY 290.77 53414 03/25/03 WEI050 MARK WEISS 243.25 53415 03/25/03 WES020 WEST GROUP 349.37 53416 03/25/03 WES200 WESPORT LA QUINTA LP 3355.00 53417 03/25/03 YOU100 YOUNG ENGINEERING SERVICE 5705.00 CHECK TOTAL 11024f999.49 oil 5 z •-+ N r O OD .4 N O M a' r.� er r e r M a .O F z M O U) 04 M U OD O0 OD OD 00 OD 00 C' c sT V C [T O W E-E r--I H H H H H H N N N N N N M M M m M M M M M M M M M F E E+ F E H F F H F H E E- C) 0 0 0 o O o o O O o cr o O E O O O O O O Cl O O O O .-+ 0 r+ z E W z aD o O O o O = O H M O qw N t.D N r C' M >+ O f"1 N Q a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w OD L� o U Q o 0 o w w va o � H M U CN > N r a r -4 O � w L) a H a a E a a W H a z W W U >O O W tzll f1W'. � A U a a a H a .a a a w a U a >~ a w a H Q Q Q Q H E Q Q Q U Q H Q Q Q U Q z .4 E4 04 E-E cn F4 to U H (n E-+ (n FO Q H r] F W E+ H H O o a 0 (n 0 O O Cl) O cn a 0 0 a 0 > O W H 0 E+ W H Q F a OG E Q E Q H 04 F C7 F W H a H U E O > a w z a a w 0 > w U U H a A a O a U a 0 x a U a U a a s Q a O a cn a >> O H O O O O O O O O O O cn (n > a A A A A A A A A A A A A A A A A A A A a A z U z z z z z z z z z z z z z z z z z z z w z H (n D W D w D W D O w a w x w D w a w x w H w w w> w> w> w w> w> w> w> w> w> w> Q Q A w w w w w w w w w W O a s W a a a a s a a a a a U Q Q w H A a M .-f Ul) CD qw z z E a rn 00 o m m H A H O H a kD H z N A H p4 M N Q z a Q w w ao a 1 O o w E-H a o O o o r o 0 0 o U) r o Ln w 0 O o OU-) o o O 0 V r O O O O C O O O O M OD lD U) r (Y) OD r r l0 r .-i M 01 0) z (n m lD M M O O O H r lD %D z o 0 0 0 0 0 0 0 0 0 M r .-4 CD O o 0 0 0 0 0 0 0 0 LO LO 0 O o 0 0 0 0 0 0 0 0 o c M M U Q o o O O O o 0 0 0 0 0 0 0 H H H H H H H H H H H H >+ >+ a a Cl) W U U z z z z a � (n w 0 U o (n Q z z (n H z a oo H H A H A (n F H Q x w a s N z (n H w w H H W F 0 z w w w F H a Q a z a s .a z U z (n w z a H a w H 0 a a o z H Q Q z w w w O C7 H to (n (n a O WE-0 Q awq (xn cn .a a E z vi W H H o o x H w a cn U E o a< z w 0 > c� LO tD r r OD rn o H N r 0 0 0 ko r r r o 0 0 v� t� O cn rn rn rn m rn m o H .-4 U E+ H H H H .-4 H H .-1 H W E H U H O O O O O O O O O O UQ Q Q 6 z LO M OD 0) N co rn o m E-H z O LO N \ N x M U qr C' O OD C' V' co tT OD Q Q' co OD OD O W O H N M N M r-I cn —4 M N M N M —4 fn N M 1-1 M N M N M ri m -4 m 1-1 M a o0 E H H E H H H E+ H H E H H H an r O O r N to M M M U7 O r I N O o E+ r O o rn ri LO v rn rn r p LO r o '+ z W E z O O U) C U) N r O r-4 of Cl aD r c D O m r U-) U) -W C 1-4 r OD r OD O O >+ O rl N c M r N r I O 1-1 H r 1 Q d• I a .-a m o o o o r rn r % M c M m M rn LO r o o rn r sr o 1 i a 1 r: c� o 0 rn A o 0 r M r U-) rn a r-4 r O OD z r OD (n N Q (n r N 0-1 O O O W R1; 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I O O O O O O O O O O tD O .-1 01 O M �O lD �O r r r r r r r r r tD lD kD w E z N V ri ri N N N N r-4 r-I r-I r-4 r-i m M r-1 OD V' N D O U) O U) U) U) U7 U7 r4 H U) U) U) U) U) O O0 ON O O U) a U) N V W Ilzr V' r r Cl) fM r-I N N U) lD lD -W U U N r-1 .-I r 4 ri r-1 r 4 r 4 V' V rA ri r-I ri ri r-I r 4 r 4 ri Q O O O 0 0 0 0 0 r-I r-1 O O O O O 0 O O o U) r 4 U7 r 4 r 1 ri ri ri N N -4 .-i .-4 r-I r-1 U) O (D U (7 U (D U 0 u C9 to to U E H E 4 E•+ H E+ H E-E H E-+ 04 04 z z z z z z z z z z z o a O o H U 4 4 Q d Q FC Q a 4 4 U a >4 >• z > > > > > > > > > > 0 o w W H ca 0 ca ca 0 0 A 0 0 0 >'4 a w .> > M a a a a a a a E w (D 04 x 0 af, to a H Z) D O 1% U x to w N w w to w to w to W w to to N U) O H U N w 0 0 W N W w W w > W W a x E w w w w w w w w w w w O a U ca a a FC E rt; E z z z z z z z z z z z co H z z a W J H H H H H H H H H H co > Q Q W 1 rtr z a o H to O O O to D a O D w D 0 0 z H D E+ a w a s 0 to ai x Da as as ao as Da m ao ao to U)W 0 a z E , a F F 0 co H w to co cn to w w to w to w to cn £ W 4 Q o4 W to W W W W W W W W W W z HE- H >� Ol x s - a a a a a a a w a a x H H to v, rC o4 H H z a a a o4 D. 04 LL LL W al z a a (7 a Q O o x 4 4 4 Q 4 Q Q a Q 4 Q a z H H W a 0 O O E H H E+ E-E E-F H H H H H H p a o4 O4 w w to to to w w cn w U) Cl) co to to w 3 cn H H (9 Ewe w z 0 > r M U) 0) 0) m 0) a) m rn rn m ON 0D O O 0 0 0 D o 0 V v v v c a v vW vw v v 0 r•+ OD 0 0 U) O >+ U H o D O o O 4 o Q 0 4 0 4 0 4 0 4 0 4 0 a o a 0 a o a 0 w 0 o 0 z 14 H r-I H 0 o r; � U H FC U O to O to E 1 to E w H to E-F w H w H to H W E M E to E-H N E W H to H to M to a H O4 E-F a E 43 16 z r m OD 0) O -4 r (n N to lD M 0 lD N lD l0 r r r N r r r r M E z M 0 N M 1-4 x M U 0 d' co OD O OD OD tr Co OD OD OD C O W E'H .-4 N '-I 1-I rl e-f e-1 N H .--1 eq N Cg d M M M M M M M M (v) M M M Cl) o0 H E H E H E E E E E H E H ad LO O O 0) O O r M CT to r O O O 01 O E O O M d' O r N u') N In OD O O �r .-I z W E z OD OD Q O Un .-I 01 C4 N l0 In C� D r OD lD N lD V' O C' Ln O m �+ O 00 C t1' N N N e 4 M r d '-i M Ln a d' N O O m m O r r LO r O O Cl N O M C 0 r r N M Cl O H Ln o In o cn rn Ui a O l0 l0 x c N to m aw -W O d OD W Q' d' W N N M M r E+ do 0 w 0 H 3 a >C E E W w w a`n4 C/) a a a s a a d�d a a s d d d a d d d x d O d d d d > d d z EH a a E+ &4 W E E+ E W E 0 E+ v) v] E+ a E cn E a 0 0 0 0 0 x o x 0 0 0 0 -� 0 z z 0 x 0 0 W H E x x E W E E+ x EE+ E+ E+ a H O O P W E a4 E ° U w o w H a x z z o4 a x u x x cn x cn x x H H x x x o ff o 0 0 o H o z o U o w o w P4 0 o d d 0 o x 0 > x 0 U U 0 a4 0 w 0 D Im H 0 H d 0 a A U U 0 0 o U o z U z z z C9 z x z a z a E z w z H H z z z z H to w E E w o w x w E w a W a H w > w a a w D w z w W > cn V1 > W > W > cn > a > a C9 > a > a4 a0 > Ga > d > 1 o w W W z z D D H C. o a w a m a s 3 w H cn to 0 E+ a, a x a o W 44u H 14 LO co r H O x 0) VD In r-I a)r a 0 W O 0 0 N N N O N M I > 1 > ca O O OD C r I In O ON m M d' (4 z z 1 .--I M M W) OD r r O O co H A H D lD W '-+ O O O O M m a I I H z lD W to E M o 0 0 o A M O 0 0 0 3 0 0 o ao OD Un o E H x d z a d w 00 x 1 0 0 w E x r r r o N o 0 m o 0 0 o r O 01 O O O O O O O c W W lD OD O Ln O O OD O O O O In E D O1 Ol M N Ol M r-I M to r-I r-I Ql U-) z o 0 0 rn O O lD O o Wn Ln a 0 l0 lD r l0 l0 r l0 r l0 l0 l0 N l0 E z N r M N N N m .-I M D 0 U-) u) O O O Ln to N O O O Ln 0 N m C Ol N N N M r N N O M U U .-I 14 ' 1 Ln ,-a H r I r I .-I .-I r-4 r>+ O O O O O O O O O O O O O H H H a H H H H H H H H w U H > U x z a w H a cn M J4 >+ >+ O H Q' H H E z In U U U a4 3 z z z H a z z U z to w d H H H 44 1 Da d 0 0 Cl w d w w >+ w z W a s d H W E a s a a d 0 cn 0 0 a C7 a z 0 0 a a > � E E H 0 0 z z z 04>. U x x w a s s w a a a x a s a z N a4 E E a0, z a d O D D d a z z a s x cn cn cn D a 0 x x cn d w O d d W w w O H H D > Q > 3 3 3 3 3 >.4 H w w z 0 > 00 O O o O 00 O O o O O D H H O N N .- 4 r-I r-4 u') N N O 0 O> U 4 E O D O o N d O a O z O z O a O s O H O to O Cl) N to D �i U H x x cn d d 0 d d W W W W O d U H E D > > > 3 3 3 3 3 3 >+ 17 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 53294 03/20/03 IMPO10 IMPERIAL IRRIGATION DIST 53295 03/20/03 VER200 VERIZON 53296 03/20/03 WEL046 WELLS FARGO BANK CHECK TOTAL 1:59PM 03/20/03 PAGE 1 PAYMENT AMOUNT 5974.80 491.53 185000.00 191,466.33 Lo 4 j 18 N M rzr c� O E+ Z M O O N \ .a x U o W E- E C7 < W W W a a a4 E E4 E-q w LO O (M O E-+ co LO O z E+ . O r O) O ?+ 0 rn o £ U-) LO a OD O M O OD LO O c O Ir ON a O m a o 0 Ln U) Ln 0 aD a � U w a 0 a a w a 0 > 0 0 x 0 W H En Ey P U E4 U E U H Oa U z a ix V] z "' o a z o a w z U E z w z H z H cn U w z w x w E > > a z Q cn w a U w w v w m LO H p a M O O w ur r I > 03 v N Z z E r+ I H p H O O O H z o x p Ln O H x � z a 00 w m x I 0 0 w E� o: O o 0 W O o 0 m o o O E z N M OD l0 l0 1p E1 z r r+ M a Ln ,4 o O M r rn U U a Ln o -4 qT r-+ N N E H p z M 0 O H O E Y. Ln z H [Q Q~ I a 0 w E-+ a a z a `4 a H 0 N cn Q rx w H a a rC 0 a a a a cn z > 3 E4 w w z 0 9 0 0 �o O O vw CN � H a a a H < U > 3 m M lG t0 rn a Q E4 0 E-+ E+ z w Q a 1 0 H a W 1 0 E f)6 �! 0�. 19 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 53284 03/20/03 COA080 COACHELLA VALLEY WATER 53285 03/20/03 DAN200 DANONE WATERS OF NORTH 53286 03/20/03 ICB010 ICBO 53287 03/20/03 NAW010 RON NAWROCKI 53288 03/20/03 NAW011 AIRI ANNA LIISA NAWROCKI 53289 03/20/03 POW300 POWER PERSONNEL INC 53290 03/20/03 SEE100 JON SEEMAN 53291 03/20/03 SMI010 MARILYN SMITH 53292 03/20/03 VER200 VERIZON 53293 03/20/03 YOH100 ELLEN YOHAI CHECK TOTAL 11:47AM 03/20/03 PAGE 1 PAYMENT AMOUNT 7331.33 48.10 60.00 516.00 484.00 3991.64 6141.75 212.61 139.46 353.50 19,278.39 20 z r I N M V' LO w r m m O .--1 N M a 0 l0 r m a) O r1 N M .-a rl . I H r♦ 1--4 1-4 1-4 rr r-1 N N N N O H z M O 0 U 0 C7 C7 C7 C7 C7 C7 O W H E £ E E E E E E E E E E E E E z E a o0 H H H H H H H H H H H H H H H H H H H H H H H N M • O O M l0 O N H r r-1 r-1 rd M M CO M O O O O O O O O H O m r O O r1 110 1-4 v N .-a V' m O Lf) r I O O O O O m O z H W z M 10 m v' m .-1 V N N N c N m 1M o1 m O O O c a a O a '-i r1 M M r ,0 ul Ln V' C N N ri r-1 LO V w O O m m N lM �+ O -4 ri u7 Lf) u7 V' V m r g t.0 1 a � M O O O O M r-1 O O O rl m O 10 H a M 14 `.L m M Lr) U v' r a z O Q 0 a 3 �-1 3 W H < z U z W O a 0 z a a s a w a 0 a z H H H O H z z H H U U 0 0 < 0 H O 0 U a 0 QG 0 >> W H E+ 3 H H H H H w H W H cn cn U H U U U U U U U U U U U U U U U Q v) v) 0 0 H a > > > > > > > > > > > > > > > a U a U z a a a41% H H p to O z 0 + O H H O O O 0 UU > a 0 H o L.. 0 v U 0 0 LU Z H U Cn a W s W c>~ W aG W x W w W a W x W x W z W w W a W x W z W zz W W Y.z z w �-+ H z W w h W h H 0: z W H M z W aG H oL E4 W H H H H H H H EH H H H H E-I H H> H> w> 0 0 0> O> z z 0 a a a a a a a a a a a a a a a W x a 0 0 O O U) 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 In U as a. U U U() W ta, U w O O V' V' O v' V M M c N m V 1 M H 0 a' O O M m m N u7 LO u7 e-1 u7 Q' r u7 O O O W M M M V' (M M M M M (M M r-1 V' M M O > I > Lti1 w w O 1-4 O O O O O t0 O M ri O r l0 N z z O O N O N N N N N O N H O N Ln r m O M N H H O r r r �.0 r r r r r r r k.0 %.0 r r m m m fZ N N H Z O O O O O O O O O O O O O O M l0 m m Q m m 0 l0 �,O Lo w LnLr) to Ln u7 l0 Lo ,o w Lo H M N N V V H d4 4 z a r� uo w as a I 0 0 w E-+ OG O O N O N N N N N O N O N N N O O M r'1 O O V' V• W O O M O m M M M M Cl M O M M Cl) O O u7 LO O O (+) M W O O %.O Cl 110 t0 w w l0 O %0 O w w w O O u) u7 O O ul LO a ri ri rl 1-1 rl 1-1 .--1 rl 1-1 '--4 r♦ r-I r♦ 1-1 ri M r 61 Ol Ol Ol In V7 z M M M M (M M M M M M M M M M rv) O m O O V' a O (D l0 w w w w l0 l0 \0 t0 \0 w w w w l0 r l0 w w N N Ln Ln H z N N V' rM a V v' V' V M V• M V' .7 -T '+ 0) m O O 1-4 D o O In In In In In ai ui Ln Ln Ln Ln Ln Ln ' + Lr) r r O o LO O 0 N N v' V• V' V• V' V V V' V' V c c a r M k.0 10 O O V st U U Q O O O O O O O O o O O O O O O 1.1 O O O O O 00 r-1 rl r{ .--1 r-1 r-i ri r1 . 1 .--4 r1 r-4 .-1 r-i --I N r1 V' V' r1 rl ri r-1 H .Yi a a a a rx a ac rx rx rx x a rx a s x U w w w w w w w w w w w w w w w H O H H H H H H H H H H H H H H H a Z M 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 z Q z z O rz H H U-) w w W W W W w w w w w w w w w 0 Q a s a a a a a a a a a a a a a a a a cn w w FC a FC Fc Fc a rs m a H H H H H z z I > > > > > > > > > > > > > > > W a 0 E U U U 0 0 W H a a a a a a a a a a a a a a a 0 0 0 a a s a z a a a a a a a a a a a a a a a 3 x z rz z w W co" a a a a a a a a a a a a a a a 3 3 3 z a s r>r D w w w w w w w w w w w w w w w w < < < < 0 x x x x x x x x x x x x x x x z z z z a s a rC 44QQQ4Q<4Q<<<<4 z 00 z z z a 3 3 a 0 00 0 0 0 0 0 0 0 000000 < C0O 00 O O 0 (n z U U U U U U U U U U U U U U U w Ix w C a Q. H w w z 0 > o o o 0 o o o 0 o o g O o o 0 o O O O o r1 0 o 0 ... m m m m m m m m m m m m m m m O r-1 r-1 r-1 rt r1 00 0 >+ O O o O O O O O O O O O O O O N O O O O O M M U H Q Q Q Q Q K< Q<<<<<<< z 04 3 3 3 M. 3 S U H O O O O O 0 0 0 0 0 0 0 0 0 0 Q U a a a Q 0 0 z z z z a a 21 z -w U) l0 N r OD rn O N N N M N N N M M O E+ Z M O O M N U 0 C7 0 U CD 0 u CD U o W E x E x E S E E i CD < W W W W W W W W W QLL al F F E F F F F E- E Q N M O C O to r-i co LO M O OD O O r lO r N 7 � w z IT N O ri N l0 U) r M 1: O N 00 M C H N OD N U) >+ O r H N M 04 lO a c Ln lO Co lO r lO sr Lr) ri ri N 01 M (n v H z M LO ON r1 N O H M M lO hi W F E 0 U W O W 0 E z O z m U O a a U a �" a a a z U U U E W F F E E- z E E-F O > > > O U) O O x w 0 O O w H w 0 m E Q E4 x E H E E a- O PH a4 H E-H E OG U 0: z 0: a W cY. F Z O H U U U O a 0 O O F U O U O > a Q Q 0 a 0 W 0 W z H 0 00 z U Z g a z w z x z E H w z a z H Cn E F E W W U W O w W F W W z z z> E-F > z> E a Q> (n > o O O O a a 0 E H Q w r4 U W H 0 LY, O ON O O W O lO r > I > W H H O N Z Z E 00 .-1 r Q' (Y) N ar H 0 H D 00 N co Q' r-1 r-4 r-I H z OD OD O r r r r 0 c' vW Ur r r r c z Or < as w m a O O w E rz c c m O N O 0) N W M M M Ol O M O r-1 Ol O U1 Lr) Ul OD O 110 O l0 U) O U) Ln u7 M M .-i Ol r Ol z O O O O O M O N O LO Lr) Lr) r r lO lO lO l4 E z r-+ ' r 1 ri N c' N Q' ('M a Ul) Lr) O O O Ln Our) N O cr C c► H N C Ln -w N U U rt 0 0 0 O O 0 0 0 O r-I r 4 r-1 ri ri rH In H ri U U U M z z z O H H H O U') a a a a w W W Q z z z H I O O O H H E-1 Ix Ix 94 `" a z w w w 0 pQ H a a. Q+ W z z z z >+ >4 Of rz 0: rz uw) a N N z < z W W W H H H H w a z aaa >> > wU) E L" w z 0 > O O O O O o 0 0 O O O O O O -+ ` 0 Cl 0 CD O >4 M m M r-i O N N N r 1 U E a a 3 w H a a a x U H 0 0 0 W E W W W O Q U Qa Qa Qa cn cn > > > >+ 0) M co r N a Q F O E E z w E a a r) a ci 4.. 22 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:29PM 03/13/03 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.*** 53256 03/13/03 CAL031 CALIF PARK & RECREATION 25.00 53257 03/13/03 CAL035 CAL PRESERVATION FOUNDATN 1200.00 53258 03/13/03 CAL040 CALIFORNIA VISION SERVICE 1106.02 53259 03/13/03 CAL167 CALPERS LONG-TERM CARE 26.31 53260 03/13/03 CAN050 CANADA LIFE ASSURANCE CO 599.28 53261 03/13/03 CEN010 CENTURY FORMS INC 306.96 53262 03/13/03 COA080 COACHELLA VALLEY WATER 440.70 53263 03/13/03 COM035 COMMERCIAL CLEANING 346.15 53264 03/13/03 CON010 CONRAD & ASSOCIATES 75.00 53265 03/13/03 GAS010 GASCARD INC 2540.07 53266 03/13/03 GAT050 BILL GATES 92.26 53267 03/13/03 IMPO10 IMPERIAL IRRIGATION DIST 482.41 53268 03/13/03 JUA100 MERWIN JUAREZ 255.00 53269 03/13/03 LAQ050 LA QUINTA CITY EMPLOYEES 556.29 53270 03/13/03 MIR100 MIRAFLORES L P 1465593.00 53271 03/13/03 POW300 POWER PERSONNEL INC 1294.72. 53272 03/13/03 RAD200 RADISSON HOTEL SANTA 3580.64 53273 03/13/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 53274 03/13/08 RIV081 RIV COUNTY HEALTH SERVICE 368.00 53275 03/13/03 SAF020 SAFEGUARD HEALTH PLANS 5577.66 53276 03/13/03 SAN075 SANTA ROSA DEVELOPMENT 250000.00 53277 03/13/03 SOU010 SOUTHERN CALIF GAS CO 1062.36 53278 03/13/03 STA044 DARREN STANLEY 62.50 53279 03/13/03 TIM075 TIME WARNER CABLE 142.85 53280 03/13/03 UNIO05 UNITED WAY OF THE DESERT 171.00 53281 03/13/03 UNU050 UNUM LIFE INS 2586.40 53282 03/13/03 VER200 VERIZON 1260.25 53283 03/13/03 VER210 VERIZON INTERNET SOLUTION 69.95 CHECK TOTAL 11740f247.28 i 0 23 z r-1 N (M ON ri OD C 0 lD r OD O -4 N M a 1-4 r-i 4 ri OG O F z M 0 M r-I M r-1 U O W F £ £ £ £ ON £ £ £ £ £ £ £ £ £ £ £ U 4 W W W w 0) W W W W W W W W W W W £ FC CO F F E+ F F F F F F F F F F F F F a a ,-, • O O O N r 1 OD O) ON O O OD O O LO O Ul) N F O O O O M N M r O O r lD r1 O O W z O O lD O 01 1M N OD lD lD O O lD O; £ O N O O O N m M N N U) lD N N C r r-4 >4 O O N r-4 LO r-I c M OD a o O O O N O -4 M OD N tD (n o r U7 H o O U'1 O tD fn 1D Q\ 10 O lD U1 N z z O O z N a1 o sT c r O O N ri W U-) M c m H H F a E-+ g I U F F U) to W £ a H c� H 0 a U z a E-+ a w a cn En cn cn cn a a a a v) a w w a g�. a 0 Q U a 0 0 0 0 0 a a a a w z F 0 a a F 0 D F O a. 1 F 0 z F 0 a a< W rx a W a x a F 0 F 0 O > F 0 o: a F 0 U)0 a W H F W W F VJ F Ff q F U U U U U F F (n F z F x U E-+ U U z U U ►-+ U H a [Y. 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I O O O O O O O O O Iq O -1 N -1 -1 N 1-4 N Ln z H o w H U) H w H 1 m ❑ o w "' o O Q W W 0 x a C) a x H In H W m E-H W H Q Q W W U w U) Oz4 w ❑ a a o z w H U U W ❑ E- z Q W N 3 m H Q z a Q + z z z z z z z z z Q D ❑ w z 3: ❑ a o 0 0 0 0 0 0 o O i+ Of (D Q x W W N N N N N N N N N Q a W H H M W H �.. H H H H H H H H H w Q O z D 1% x H D a a a a a a a a a a ❑ Q Q 0 Q H z z w w w w w w w w W U) z U) ca U) ❑ H D D > > > > > > > > > H 44 W z o > O In 0 a Ln u-) O o 0 0 0 0 0 0 0 0 D N r 1-1 a r O In 0 0 0 0 0 0 0 0 rl O >+ O O O 0 0 O O N N N N N N N N N U H c*a z D Q x H D OG a a a w a w a a r ,� U Q H U Q U) Q U) O H V) H H z D z D W > W > W > W > W > W > W > W > W > (f 1. 26 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 48537 DEF 02/28/02 950.00 AAA050 AAA FLAG & BANNER TOTAL VOIDED 950.00 1:28PM 03/14/03 PAGE 1 INVOICE DESCRIPTION DEPOSIT/BANNERS 4 27 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 53223 DEF 03/10/03 50.00 SCA050 SCAN/NATOA TOTAL VOIDED 50.00 12:50PM 03/20/03 PAGE.1 INVOICE DESCRIPTION REGISTRATION/TELECOMMUNICATI v 28 COUNCIL/RDA MEETING DATE: April 1, 2003 Approval of a Request by the Riverside County Health Services Agency to Utilize the Council Chambers for a Free La Quinta Immunization Clinic on July 9 and August 13, 2003 from 10:00 a.m. to 12:00 p.m. and TB rechecks in the Study Session Room on July 11 and August 15, 2003 from 10:00 a.m. to 10:30 a.m. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the request of the Riverside County Health Services Agency to utilize the Council Chambers for a free La Quinta Immunization Clinic on July 9 and August 13, 2003 from 10:00 a.m. to 12:00 p.m. and TB rechecks in the Study Session Room on July 11 and August 15, 2003 from 10:00 a.m. to 10:30 a.m. In accordance with the Guidelines for Use of Civic Center Facility, facility fees are not applicable because the clinic and recheck will take place during working hours. None. The Riverside County Health Services Agency has requested that the Council Chambers be made available on July 9 and August 13, 2003 from 10:00 a.m. to 12:00 p.m. for a free La Quinta Immunization Clinic, and TB rechecks on July 11 and August 15, 2003 in the Study Session Room from 10:00 a.m. to 10:30 a.m. The request meets all the requirements of the facility use as contained in the City's Guidelines (Attachment 1). The letter of request submitted to the City is attached (Attachment 2) . V�� The alternatives available to City Council include: 1. Approve the request of the Riverside County Health Services Agency to utilize the Council Chambers for a free La Quinta Immunization Clinic on July 9 and August 13, 2003 from 10:00 a.m. to 12:00 p.m. and TB rechecks in the Study Session Room on July 11 and August 15, 2003 from 10:00 a.m. to 10:30 a.m.; or 2. Do not approve the request of the Riverside County Health Services Agency; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building & Safety Approved for submission by: C Thomas P. Genovese, City Manager Attachments: 1. City Guidelines 2. Letter of Request ATTACHMENT 1 CITY OF LA QUnrrA III GUIDELINES FOR USE OF C M C CENTER FACILITY 1. Council Chamber - seats 1.06. 2. Study Session Room - seats 33. 3. Groups are to use the Study Session Room unless. the size' of the group " or the need for audio-visual equipment necessitates use of the Council Chamber. 1. The primary use of the Council Chamber and Study Session Room is for the conduct of meetings for the entities listed below: a) City Council b) Planning Commission c) Community Services Commission d) Design Review Board e) Art in Public Places f) Investment Task Force g) Other City appointed boards commissions and committees 1. Other non-profit and Governmental Agencies, 501(c) entities, that serve residents of La Quinta, may be granted permission by the City Council to use the facilities. po 41 • • ; • 1. A person or group desiring to use Civic Center facilities must file an Application for Use Permit with the City Manager's Office. Applications must be completed and submitted -at least three calendar weeks prior to the scheduled event, unless otherwise waived by the City Council. 2. All qualified groups using the Council Chamber and Study Session Room must have $500,000 general liability insurance coverage per occurrence, listing the City T.a niiinta as an additrinnal naie�d insured. Groups that do not have insurance may purchase special event insurance through the City's insurance policy. 3. All applicants must indemnify and hold the City harmless from any and all losses and/or claims. Indemnification -forms will be provided by the City and must accompany submittal of the Use Permit Application: 4. Users of the Council Chamber and Study Session Room will be responsible for all damage to the building, appurtenances thereto, and shall be responsible_ for reimbursement to the City for any loss or damage to City property caused by such use. 5 . The City must be notified as soon as possible of any cancellations, so that the facility may be reassigned. 6. Approval shall be granted by the City Council. The City Manager is authorized to permit a use when the Council meeting schedule precludes Council consideration in a timely manner. Approved permits will be issued to the person filing the application prior to the event. 7. In the interest of widest community use of the Civic Center facilities, no one non-profit community group shall use the facility more than eight ( 8 ) hours per month.* 1. The City shall charge for after hours use of Civic Center facilities. Said charge is to recover full cost for use of the facility (personnel, equipment, electricity, etc.) and shall be paid prior to the use. The hourly rate shall be established by the Council during the City's Annual Budget Review process. * Governmental Agencies are exempt from this requirement. C? V 3 4 2. A refundable cleaning deposit is required. The City may withhold all, or a portion, of the deposit if cleanup is required. The deposit will be established based on the use as follows:* (a) Session Room = $200 (b) Council Chambers (up to-53 people) _ $300 (c) Council Chambers (54 people plus) _ $500 VI. 1. City.owned.audio visual and public address equipment may be used, provided City staff is responsible for its operation. 1. Any proposed use of the Council Chamber or Study Session Room rpemv scheduled shall not meetinc. lead to the cancellation of a 2. For non -City functions, use of the Chamber and Study Session Room shall not be prior to 8 a.m. or extend beyond 10 p.m. 3. Food, water, and.beverages shall not be consumed in the Civic Center facilities. 4. Smoking shall not be permitted anywhere in the Civic Center. 5. Juvenile organizations shall have adequate supervision when using Civic Center facilities at a ratio of not less than one adult per twenty minors. Disregard of this rule shall be considered cause for immediate cancellation of -the Use Permit. 6. Any approved Application for Use of Facilities may be revoked without previous notice where conflicting dates with a City purpose have subsequently developed. For other cause(s), permits may be revoked at any time upon 24 hours notice. * Governmental Agencies are exempt from this requirement. 0110 5 7. No animals, except those necessary for disability assistance, are permitted in the Civic Center. S. No admission fees may be charged, unless as a fund- raiser for the organization renting -the facility. 9. These guidelines may be modified at the discretion of the City -Council. FY 1993/94 hourly rate for use of the facilities is $32 . PaiddPaJILOAM ATTACHMENT 2 Ra , ea 92253 (760) 347-1412 March 17, 2003 Mayor Don Adolph & City Council Members City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Request For Use Of Council Chambers Honorable Mayor & City Council Members: I am the La Quinta Community Team Leader for the Riverside County Health Departments monthly Free Immunization Clinic. As the Community Team Leader, it is my responsibility to secure a location and recruit volunteers for that clinic. In La Quinta, Riverside County Health Department offers the Free Immunization Clinic the second Wednesday of each month, from LOAM - 12PM at the Boys & Girls Club of Coachella Valley, La Quinta Unit. During the summer months, the Boys & Girls Club is open during those hours and we must .find an alternative location to hold the Clinic. For the past three years, we have used the City Council Chambers for that Clinic, during the summer months. This letter is to request that you allow Riverside County Health Department to use the City Council Chambers on July 9th and August 13, 2003, from LOAM to 12 Noon, to hold their Free Immunization Clinic. The Health Dept. also would need to set up in the Study Session Room to check TB skin tests the following Fridays (7/11 & 8/15) from 10AM-10:30AM. Your consideration of this request would be appreciated. If you have any questions, please don't hesitate to give me a call at (760) 347-1412. Sincerely, ILcia Moran, La Quinta Community Team Leader cc: Vanessa Williams -Stewart (Riverside County Health Dept.) 4 �a�� • I w G��OFT�9 COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreements for Tract Number 29323-1, Esplanade, La Quinta Dunes 350, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIAs) for Tract Number 29323-1, Esplanade, La Quinta Dunes 350, Inc. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Number 29323-1 is located at the northwest corner of Jefferson Street and Fred Waring Drive (Attachment 1) and consists of 147 residential lots with lots A and B dedicated as public street and public utility, respectively. Lots C through U, inclusive, will be private streets; lots AA through II, inclusive, will be for landscape, drainage and retention; lot JJ will be for open space and recreation (Attachment 2) . The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. C'A� As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days (May 1, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except for the City Clerk), SIA and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional Final Map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Number 29323-1, Esplanade; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Number 29323- 1, Esplanade; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R.' ass P.E.Tc Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager G4� T:\PWDEPT\COUNCIL\2003\030401c.doc 2 Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 045 T:\PWDEPT\COLJNCIL\2003\030401c.doc RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT NUMBER 29323-1, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished, thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days, without adversely impacting other ongoing work commitments of City staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract Map Number 29323-1 is conditionally approved provided the subdivider submits all required items on or before May 1, 2003. C�46 T:\PWDEPT\COUNCIL\2003\030401 c.doc 4 Resolution 2003- Tract Map 29323-1 Adopted: April 1, 2003 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 1 st, 2003. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 1 st day of April, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California 0 T:\PWDEPnCOUNCIL\2003\030401c.doc 5 Resolution 2003- Tract Map 29323-1 Adopted: April 1, 2003 Page 3 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 T:\PWDEPT\COUNCIL\2003\030401c.doc 6 �` ATTACHMENT 1 40TH AVENUE Q ca v STgT tip w ' c4 F o ve oR 0 Z 0 Z 42ND AVENUE D P Z SITE 3 FRED WARING DR LPL.% Z w p 0 0 tr LL- w MILES AVE 3 VICINITY MAP N.T.S. h ATTAC N M E N T 2 tVJ 0Oz I }—�aSaS� W •2 W U7 4IM �< W 4� W ch X< 1� 7 U 6 €j g i as it, yyUy ~y ({f/a[Q$'�1 y m W C C G=O PO O Wlli C �/l Ry ;�. ~ h 61 7J �C i WU�Tii N Gi O (a� p O < Y O Gi «O 2 [� 9 N R ~� p ~W�Fm NNQ 1Ei UU p<1/7 �W 2K TaUIP COI 1- i=i' � O I �Wwai z '� c%� d� n4f.,Z aid IW es 4 W ��.++ O p` �b�a' z 1zM�W►�Np h � O �Noz`r W. Egg O i�ij JJ W J > y O �p0 N� + N � "WIN, low N ho< �� J O 5 2 02< yin�a oo zZc eno sF n� °m i �WZ Lj WW a �SZ7 wa jWFzi y : z x � c3i ' a: 0 O Wys,o N �Zg z ° a� W S W uj v p0 O�pQO W ? 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Q 3 M 1.O S y� `tty/1 � S�U W UW� �p �< O � p��� �''it �+ y� �� F •QZ�� Z � Fp"" 1-p� �a1 O-zi ~ Z ~v� Wj ~ Z 4 FZ�� < yKO N W Ir W U _ 12 0 O ;< WO O V 41Af Z a W Z J 3 m FD. 3/4' LP. w/TAG RLEG. FIX i' I.P. w/TAG RN. Co. sU1N.. DN. Ma' ON. 04'. PER M.B. 36/71-73. POW ESTABLISHED ar THE at1ERSEcri t1 OF 714E SOUTH UWE OF 80% RIOA GOLF CLUB IN MON. WELL. PER RN. 00. B.M. 'PO-2-2. -, ACCEPT AS C/L INT. OF N UEII OF 3/4' LP. IIANtFD R.E. 9/21. GSION pR, t CA6ILERRpS pR, ESTATES IRNR NO. 3, PER M9. 36/71-73 AND THE EAST LIE OF �, NO, 2606. PER M.B. 36/71-73. ACCEPT AS CA INT. --- .-- PER M.B. 45/91-97, O.R KNIOSTON DRIVE . OF NINL'STON p1. t CLASS DR - - ____----J--- i 1 1 I 1 1 I BBR"�fi66DlY 001 CLIt� O:B�ATB� - UBDT 3 1 N art7'31 w t0 1 I i (N OD'20'44• W 1]0.021 I 2'] 1 II•CPLI i19.e. lad/%i-%s. bee. -F --i N a9'49'04' E 1940.58' NORTH LINE EST. PARALLEL TO CA EAST -WEST ouwaER SECTION LIKE- n KINOSMN OR PER M.B. 36/71-73. O.R. SEC. 17. T. 5 S.. R. 7 E. DATA CLONE DATA Immooloramom ols[R j .. W W I I 1 I my I I 1 v is i I i ,tBs Qolk I 'At - HE COIL LOT 197 EST. BY SINGLE I RI TB �_ --- PROPORTION BETMEI:N FO. LION. PER M.B. 45/91-97, MR. ssA alli :'ir--- 1 WEST LIE EST. PARALLEL WITH O CA OF PORT MAW ROAD HUMOR DELTA ANGLE IARC LENGTH TANGENT CI w2rior 37.83 23.85 C2 01'31 MS.OD 22.67 11.33 C3 OO 4.50 38.48 24.50 C4 2752 4 181.50 am 45.05 C5 2T 4 21 L50 106.32 54.23 C6 90' 24.50 36.4a 24.50 C7 00 24.50 48 24.50 c8 873149 24.50 37.43 23,47 C8 Or2113 emso 1 s2.bo CIO 17 MOO 74.00 37.14 C11 11130 21 45.15 22.66 C12 33 MOO 47 23.93 C13 37 0 13t. 69.15 C14 7S0348 .00 349.78 C 5 1 48 300M o0 343.40 cis 4 25 00 39.18 24.91 17 010133 4055. 71.89 Cte 01'5235 3s45.OD lIZ925 164.63 C19 1 arN 00 1020.00 114.54 7.27 I 1 _MII a PER M.B. 45/91-97, O.R. NW20'29'W i (It .� �I F 1 I ,-- 1 ;1 ii WEST LIE OF THE 4 I i ®t?b• E 1/2, W le SE t/4 O c" � -. Lt � 1i SEC. 17. T. S.. R Y E i OP! g,. �. �'6 1 tat &Z. �®e L1 �y ISO 1 I L--- _ LD 101 (R ICJ �•.. \ » L29 N IT 44 C\O L30 IN L31 N 89'29 0 132 AMORA DRIVE 1 j7lqt,. .. LOT 99 86 P ��1 t94 �0 6 !° 127 J - FD. t' I.P. W/TAG I I R.C.E. 11957. OR O.W. 1 98 40 109 -?AA. IRS Ise 137 (R) - At%)ER MAL A6 C/L 9"7.. �I I 1 NON 97 FGRF MAW RO. t !I MINHOE RD. I i OR ° e7 ` `� 1F� � 106 V°� 12 - COR� t OA \ P r ?J; 42 Ot 97 O NU _ 147 L� 96 \e4 ,;�,/ 141 14e ►. 2 10e\ 142 O �- R 44 - e9 N3PAp 109 t.Fy \ 121 !°A ua t4a 4 (� li 99 48 70 71 1!0 7Y i `0 TIO -r -+ - 1�-X - sz - - - - - �72 Np 5 m e IL 47 ` e5 -� - - y • J AMALFI DRIVE 11 29 48 \ e6! P4 89 e2 M e0 'j r - i� �\/ ` ''. r 1 11 26 C - 60 all°� II 6 i 89 64 tie 67 68 59 LOT ( f OA 24 ! `!(OPEN SPACE) F ! 4 --- iz 27 26 PAq(WAY 13 , ! SOUTH - L 1 ----- LOT COO` 22 21 (OPEN SPACE) io to 17 le 16 tt 1• /9 LOT 'CC• IIi I L (OPEN SPACE) LOT '�' (OPEN SPACE �• M'i A LOT E •DD• (OPEN SIC (- (OPEN SPACE) OT 'B• ) ct3t> ) N a9 32 31 E-1675 45'-- - -- DW "---' -{ ''j N 6972'3/' E 1967A9 I SOUTH SECTION LINE s0' 1 --'-_-- L t_ I L _ _ FM 1' LP.. NO TAG. pl. tw. __ .. _.. _ 1 t/4' I.P. w/rAG RCE 11957, PER M.B. 45/91-97, ACCEPT ._ <N 6929'09' E 1988.71'> ._ _. ! _SEC 17 T .5_S...R 7 E...-_ _.. . OIL I.W.PER M.B. 45/91-97. ACCEPT AS m C/L NT. OF P OIL As SE CDR. OF 1NE w //2 w 1/2 of MAW RA t F11ED wAlO1O OIL . FD: COPPERWEID STAMPED R.C.E. 26401. FL11511• PER P.Y.B, 185/46-STHEo. ACCEPT As SCE COR SEC. 17 +ti 1SE 1/4 OF SEC. 17 I � 17 20 SHEET 3 OF 10 SHEETS M. n2 W/1AC RIVCO SURV PER �N P.M.S. 105/ 4 �' ' I ' °~ IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ,,' & Pi TRACT MAP NO. 29323 -1 I^--;--- j / BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, NIa9291' E 4sa3s SOUTH, AND THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 5 SO, I f RANGE 7 EAST. S.B.M. AWN►ER0, SMITH AND ASSOCIATES, INC. JULY 2002 / I wig .r L3 1C I r ENGINEER'S NOTES i\ ri THE BASIS OF BEARING FOR THIS MAP IS THE EAST UNE OF THE SOUTHEAST 17. TAKEN AS ar17'50' W PER PARCEL MAP NO. 29048. OUARIER OF SECTION H PARCEL MAPS, O.R. i f % AS SHOWN IN BOOK 185. PAGES 46 THRU 50 OF • INDICATES FOUND MONUMENT AS NOTED in e % I i 1\ � q�K'ATES SET 1-1/4' BRASS DISK STAMPED R.C.E 28401, I ! FLUSH. IN A.C. PAVY (RN. 00. STD. TYPE -W MON.). k' i(� O INDICATES SET 1' LP. FLUSH. TAGGED R.C.E. 26401, UNLESS NOTED OTHERWISE I r r (-) INDICATES RECORD AND MEASURED DATA PER P.M.B. 185/48-50, O.R., ;I w I i A, r UNLESS NOTED OTHERWISE ^ ! INDICATES RECORD DATA PER M.B. 35/71-73. O.R.. UNLESS NOTED I ! r Z. F I I OTHERWISE <-> RAWATES RECORD DATA PER M.B. 45/91-97, O.R. UNLESS NOTED OTHERWISE It ri CA INDICATES CENTERLINE i$ I i R/W INDICATES RIGHT OF WAY I Wr PUE DENOTES PUBLIC UTILITY EASEMENT FOR PUBLIC UTILITY PURPOSES. � aL DENOTES VENICUAR ACCESS RIGHTS RESTRICTED. i* ! STAMPED It SET NNL AND TAG IN CURB ON THE PROLONGATM OF ALL SIDE LINES. R.C.E. 26401, IN LIEU OF THE FRONT LOT CORNERS. I� SET 1' I.P. WITH PLASTIC PLUG STAMPED R.C.E. 28401, SET NAIL AND TAG IN CONC. O ! ! FOOTING STAMPED R.C.E. 26401 OR NAIL AND TAG IN FENCING MATERIAL, TAGGED R.C.E. 26401, AS APPROPRIATE. AT REAR LOT CORNERS. UNLESS OTHERWISE NOTED. TOTAL GROSS AREA . 57.00 ACRES EASEMENT NOTES � 4 Q AN EASEMENT FOR POLE LINES. CONDUITS. UNDERGROUND FACILITIES AND 0ICIOENEAL WATER AND TELEPHONE COMPANY. PER INST. NO. i I PURPOSES. IN FAVOR OF CALIFORNIA 92720 AND 92729. REC. 7/29/64. O.R. Q AN EASEMENT FOR PUBLIC ROAD. DRAINAGE AND INCIDENTAL PURPOSES. IN FAVOR OF THE ! I ! COUNTY OF RNERSIDE. PER MST. NO. 426274. REC. 12/22/95, O.R. Q SI I ' 1 F`M Ma LiISH.. N� P P.M.B. "1855i46-50. ACCEPT As c/L Ec. I Ikk ! t; NN_oo ! 42ND 00" \ ! FRm WARM OR SITE j� IFDJ TAG 2x2 w/RN. CO. SIM., 1 FF�est�i.,f PER P.M.S. 185/46-50. - ®� I AS CA I.C. A - 6 (N 001 r W 77.311 MILES IE , 21 ILL p• 2w 400' ww 800' L --- - -! VK�MTY N.T.S. 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RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29323-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 060 T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia offsite.doc 1 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shad be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars {$5,000.00). T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia offske.doc 1.44 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment -of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall. be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty,. warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such . real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\Devdiv\Agreements\sIA\29323-1 sia offsite.doc 20 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceetance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider.to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and r, T:\PwoEPT>Devdiv\Agreements\SIA\29323-1 sia offsite.doc l; J Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns,, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives,. and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia offsite.doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: a City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: Approved as to Form: City Engineer City Attorney T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia offsite.doc 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date La Quinta Dunes 350, Inc. 5005 Calle San Raphael, Suite B-1 Palm Springs, CA 92264 760.325.4289 Date Date Date Date • Exhibit A SECURITY - TRACT No 29323-1 OFFSITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage $442,679.00 $442,679.00 Perimeter Landscaping 867,279.00 867,279.00 Perimeter Wall 90,891.00 90,891.00 Totals: $1,400,939.00 $1,400,939.00 Professional Fees 10% $140,094.00 $140,094.00 Construction Fees 10% 140,094.00 140,094.00 No Plans Contingency 206,869.00 206,869.00 Total Bond Amount $1,887.996.00 $1,887,996.00 24 T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia offsite.doc #+w1 ICnnUTA ALL.PURPOSE ACKNOWLEDGMENT State of California SS. County of On 03 , before me, Date Na,je and Tide of Officer (e. , "Jane Doe, to Public") personally appearedo.r�c Names) of Skper(s) ❑ personally known to me TO proved to me on the basis of satisfactory evi ence to be the person(s) whose name(s) is/are PHYLLIS MANLEY subscribed to the within instrument and C HYLLIon A 1378acknowledged to me that he/she/they executed 'Notory public - California the same in his/her/their authorized Riverside County capacity(ies), and that by his/her/their MVComm•EOct Ia.. signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signatur4No Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 rceomer. %,an ion-rme-ow-v►�� CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 29323-1 ONSITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between La Quinta Dunes 350, Inc., a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29323-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia onsite.doc 2 q 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least .Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor.of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount. of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than five Thousand Dollars ($5,000.00). n 11 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. T:\PWDEPT\Devdiv\Agreements\S1A\29323-1 sia onsite.doc 27 E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount, of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions. of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\Devdiv\Agreaments\SIA\29323-1 sia onsite.doc 28 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion. and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12.. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligationt9on!I T:WWDEPT\Devdiv\Agreements\51A\29323-1 sia onsite.doc q Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of Califomia. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia onsite.doc In 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date La Quinta Dunes 350, Inc. 5005 Calle San Raphael, Suite B-1 Palm Springs, CA 92264 760.325.4289 Date Date Date Date C,T3 T:\PWDEPT\Devdiv\Agreements\SIA\29323-1 sia onsite.doc 31 Exhibit A SECURITY - TRACT No 29323-1 ONSITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Imlrovement Description Performance Labor & Materials Grading $200,000.00 $200,000.00 Streets & Storm Drainage 883,698.00 883,698.00 Domestic Water 735,339.00 735,339.00 Sanitary Sewer 254,526.00 254,526.00 Dry Utilities 194,040.00 194,040.00 Monumentation 18,375.00 0 Totals: $2,285,978.00 $2,267,603.00 Professional Fees 10% 228,598.00 226,760.00 Construction Fees 10% 228,598.00 226,760.00 No Plans Contingency 132,555.00 132,555.00 Total Bond Amount $2,875.729.00 $2,853.678.00 4 32 cALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 'b/44z, On Date personally appeared ❑ personally known to me 'Z proved to me on the basis of satisfactory evi ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized WYLLIS MANLEY capacity(ies), and that by his/her/their Comrniss on it 1378908 signature(s) on the instrument the person(s), or. Notary Public - COftffiCl the entity upon behalf of which the person(s) Riverside County acted, executed the instrument. . � Corrrn. Expires Oct 14, Z006 WITNESS my hand and official seal. Place Notary Seal Above Signature A Notary Publ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top or thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-3ot7-61b-WZ I UrJ 3.1 COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Approval of a Final Map and Subdivision Improvement Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Final Map and Subdivision Improvement Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Number 30834 is located between Jefferson Street and Madison Street, on Avenue 58 (Attachment 1) and consists of 76 residential lots, interior lots A, B, C and on site retention basins lots D-1 and D-2 (Attachment 2). The new Tract Map being developed by Madison Estates, LLC, was conditionally approved at the January 7, 2003 City Council meeting. The Developer failed to finalize and submit all the required documents within the 30-day conditional approval period ending February 7, 2003. The developer has submitted the Final Map in substantial compliance with the Tentative Map, two signed Subdivision Improvement Agreements, one for Offsite Improvements and one for Onsite Improvements and provided security for all public improvements (Attachment 3) in order to satisfy the requisite submittal requirements prior to approval of the Final Map. r 0 7 C T:\PWDEPT\COUNCIL\2003\030401 b.doc (� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Final Map and Subdivision Improvements Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC.; or 2. Do not approve the Final Map and Subdivision Improvement Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC.; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R.qass , P.E. ublic Workirector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Final Map 3. Subdivision Improvement Agreements 0 "' 7 TAMDEMCOUNCIU2003\030401 b.doc 2 ATTACHMENT 1 PROJEC T SITE TRACT NO. 30834 54 TH A VENUE tom, y AIRPORT BL W. W O � 567H AVENUE VICINITY MAP .NOT TO SCALE 3 ATTACHMENT 2 TRACT NO, 80884 IN 1rHlE aTY OF a A,IUWA [ a#4 Y OF NWTSW STALE QF CALIIFWA A SLWWSI N OF PARCELS J t 4 OF' PARM MAP Na 80S REN P" 75N-UM PARMS 4 2 t J W PAKa YAP Na &w N P" 10/)7. 011lil! 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ABM: Al /Nl m mr � 3 imp m alert AM menu r m dw. pa/ Arw" Ar asl trn v At Aarwift r4m,n &WAM 10 «� MY Or i •� .i OF r ., EV . .,, ,, JW , On OW PA& ISM MAI a" rum is- mlr7_1 � ..AfM �E'7r[FSi MI,�iF'Lu [] CLs i,►:1�� lei p [� � E:� tic r-=1r-T:r�F7 r-'-rjr7:r� F HERMITAGE a mr sw Na 4 ShIFET 3 or 6 smffis 18 as � I .0 C� �19 umnn Op �C '" i D-6 'nnn AM AM 1 �OMMAM I N I �4ff TRACT NO. 30884 Av PE arr of, u awA cowrr ar m► nw STALE OF CAUf M A SU6DVWSOV Qr PARMS 3 t 4 QF PARM NAP NO OM REM= NI P.Y.S 75IS55-6UW PARCIIS 1. ? t J Li PARCEL MAP NQ 6577 M AMA 10/77. SV&rT 4 CF 6 SWM aumaw 0' jw Ter ur ,w I 57 I1 1 � ram_—_�_• 1 , i Ii ' D-2 \R'�s 6 � �lz mw 67 w� 37� .36 =NUE TRACT N0. 80884 IN THE CITY OF LA aWA COUNTY OF NOW STA1F OF C,ALIFARIWA A SIMW9M Cr PARf,aS J t 4 Or PARM YAP Na OM JPrCMO N P.KY 75/0-6UW FARMS f, 2 t J Ar PARCEL YAP MQ 6377 N P.M$ 10/ 7.. PA/NAI MAP / ^�. `' AID, om iltAr!►� Ni11E d en' too' ts0' s00' 1 ( 1 1 571 I 61 t aI RjA 057M arson NOl3� - - , •�trr�• ��rw�,�1�.w��r�w• MY 5 OF 6 9 Ei1S i . 47 45 44 43 TRA C T NO, 30834 9w 6 or 6 sa-m N 7W Clrr Or LA aWht GOWN OF MY" STAR Or "MA A SLOW" CF PMW 3 & 4 Of PALM MAP ma am mcmo N P.mA MAO-MAND PARMS 1, 2 J Or PARCEL MAP ma 6377 iN Pm& 19177 ML% A� Addl PAR= 1 2 --a- mwvn 23 24 10 ar �7311 D-1 42 0 1% 1 72 ICI ` I 41 D-2 L 65 71 40 A3r kj E g rt 721 1 A i's sr?NWT of 76' -OMV$IW saw a s.nr agar 84 32 At oxwl btu -r- 58TH A VENUE 58 TH A VENUE DETAIL DETAIL (1) sm: r a P49DL3ML even* moolessiblue a" ra wo�ft V= ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRAcr No. 30834 Off Site Improvements THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2003, by and between Madison Estates, LLC , a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30834 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of .Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. ' Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. C; . j 10 T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after. City receives notice from the financial institution of intent to allow expiration of the letter of'credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).- 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvementsci g O secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 11 T:\PWO£PT\Devdiv\Agreements\SIA\3O834 offsite sia.wpd 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. . Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security'provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid -by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to,acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 3 7 T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd 12 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or aduly-authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation ha been performed within sixty (60) days after written notice of default from City, then City may perform the oblig T:\PWDEPT\Oevdiv\Agreements%SIA\30834 offsite sia.wpd 13 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. S.everability. In.the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. �Q3 14 T:1PWDEPTIDevdivlAgreements\SIA130834 offsite sia.wpd r IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quints 78495 Celle Tampico La Quinta, CA 92253 760IM-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk SUBDIVIDER: Madison Estates, LLC 437 S. Highway 101 Suite 220 Solana Beach, CA 92075 (858)755-8656 y T easy Date Title; By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date T.%PWDEpTiOevdlvlAprNmem&wIA130e34 Olt *0 :In.wpa r �} v+ J 1 State of Uu�brKA�' )SS County of Sat\ iA.0 O ACKNOWLEDGMENT personally known to me (or proved to me on thelbasis of satisfactory evidence) to be the person(s) who name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. r CASSIE ROBLES U COMM. # 1302970 ...M NOTARY PUBLIC-CALIFORNIA �+ Signature (affix seal) a SAN DIEGO COUNTY n COMM. EXP. APRIL 30, 2005 "� Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages 0 Date of Document Signer(s) Other Than Named Above 091 is Exhibit A SECURITY - TRACT No. 30834 OFF SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security. prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount, of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Grading (Includes Landscaping and Retention) $ 80,500.00 Streets and Drainage 110,682.00 Domestic Water 158,949.00 Sanitary Sewer 20,076.00 Joint Trench Utilities 21,780.00 Totals $391,987.00 Standard Contingency 10% 39,199.00 Professional Fees, Design 10% 39,199.00 Professional Fees, Construction 10% 39,199.00 No Plans Contingency, 25% 97,997.00 Total Bond Amount $ 607,581.00 Labor & Materials $ 80,500.00 110,682.00 158,949.00 20,076.00 21,780.00 $391,987.00 39,199.00 39,199.00 39,199.00 97,997.00 $ 607,581.00 1.7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30834 On Site Improvements THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 2003, by and between Madison Estate, LLC, a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed,a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30834 (the "Tract") pursuant to the provisions of Section 66410, et sec. -of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. . D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. r,uo 9 3 T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of A or better and a commitment reliability rating of R-2 or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) . Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest,to. require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues; and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution).of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B.,. for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements'94 secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd19 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including .non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in. this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent 0 0%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition. of the real property shall be paid. by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate. Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of. Approval. r• T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to ' revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs -for monuments set in public streets.. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. Of 9 4 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may .perform the obligation, T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd .21 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. . 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either.party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and .interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. # 9 7 T:\PWDEPT\Devdiv\Agreements\SlAk30834 onsite sia.wpd 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. MY: Thomas P. Genovese, City Manager Date ATTEST: City Clerk City of La Quints 78495 Calle Tampico La Quints, CA 92253 7601777-7075 SUBDIVIDER: Madison Estatos, LLC 437 S. Highway 101 Suite 220 Solana Beach, CA 92075 (858)755-8656 Z d By: eaty Date Title: By: Date Title. Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney T;%PWDEpnowdlv%AgnomontclS1A%30834 on alto da.wpd Date 98 23 _ ACKNOWLEDGMENT State of ��- )SS County of SQj& \Q.A► 0 On '\`p,6gm bW ZI MZ-before ,me, kJ4, J=<A� L,147 Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument •. CASSEE ROBES Comm. # 1302970 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIASAN C /1 /1 A COMM.. EIXP. EGO APRIIL1 L�30,2005 r Signature_(,, 1 / ► 1 / (affix seal) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages (Q - Date of Document Signer(s) Other Than Named Above - G / co, 24 Exhibit A SECURITY - TRACT No. 30834 ON SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (Includes Landscaping and Retention) $ 533,785.00 $ 533,785.00 Streets and Drainage 513,370.00 513,370.00 Domestic Water 293,038.00 293,038.00 Sanitary Sewer 134,600.00 134,600.00 Joint Trench Utilities. 145,200.00 145,200.00 Monumentation 13,600.00 13,600.00 Totals $ 1,633,593.00 $ 1,633,593.00 Standard Contingency 10% 163,359.00 163,359.00 Professional Fees, Design 10% 163,359.00 163,359.00 Professional Fees, Construction 10% 163,359.00 163,359.00 No Plans Contingency 25% 408,398.00 408,398.00 Total Bond Amount $ 2,532,068.00 $ 2,532,068.00 25 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 1, 2003 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Approving a Street STUDY SESSION: Closure Permit for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby to be held April PUBLIC HEARING: 26, 2003, on Avenida Bermudas RECOMMENDATION: Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on April 26, 2003. FISCAL IMPLICATIONS: Funds were budgeted to support the Soap Box Derby. The amount of $2,800 was budgeted for the Soap Box Derby Operating Materials in Account No. 101-453-703- 847. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 11, 2003, representatives of the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby applied for a temporary use permit to hold their annual event on Saturday, April 26, 2003, between the hours of 5:00 A.M. and 7:00 P.M. The Community Development Department will issue Temporary Use Permit 2003- 382 after they receive comments from potentially affected agencies. The proposed race route is identical to the route used in previous years, and requires the closure of Avenida Bermudas between Calle Arroba and Calle Nogales and closure of the side streets to the west that connect to Avenida Navarro which include Calle Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. 101 Temporary street closures are allowed if the City Council adopts a Street Closure Resolution pursuant to Municipal Code Section 12.32. If the Resolution is approved, the Public Works Department will issue an Encroachment Permit pursuant to Municipal Code Section 12.16 that requires implementing traffic safety measures including traffic control signs, barricades, and other safety measures. The temporary street closure will have minimal impacts on the surrounding area because other streets adjoining the site are available to provide access to the surrounding residential properties. The affected property owners will be notified of the upcoming event pursuant to the conditions of Temporary Use Permit 2003-382. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community because specific conditions will be imposed as a part of Temporary Use Permit 2003-382. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on April 26, 2003; or 2. Do not adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on April 26, 2003; or 3. Provide staff with alternative direction. Respectf)OIly submitted, Timothy R.J ublic Works son, P.E. ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 11-12 2 1AIPF 6 REV.DOC RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES . AND THE SIDE STREETS TO THE WEST THAT CONNECT TO AVENIDA NAVARRO, ON APRIL 26, 2003, FROM 5:00 A.M. TO 7:00 P.M. FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAP BOX DERBY WHEREAS, the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby has applied for City Council approval to close Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for their special outdoor event to be held April 26, 2003; and WHEREAS, the City Council, on the 1st day of April, 2003, reviewed and heard public testimony on this request to temporarily close Avenida Bermudas between Calle Arroba and Calle Nogales and those interconnecting streets to the west between the hours of 5:00 A.M. and 7:00 P.M.; and WHEREAS, the City Council finds the following facts and reasons to justify approval of said temporary street closure: 1. The temporary street closure is allowed based on Chapter 12.32.080 (D) of the Municipal Code which permits the City Council, by Resolution, to designate "temporary no parking" areas by placing signs adjacent to the street curb. The posting of ono parkingo signs and installation of traffic barricades in all areas necessary to ensure traffic safety shall be completed as required by the Public Works Encroachment Permit. 2. The temporary street closure will have minor impacts on the area because other streets adjoining the site are available to provide access to the immediate neighbors surrounding the race event. The affected property owners will be notified of the upcoming event as required by Temporary Use Permit 2003-382. 3. The City can grant an encroachment permit to allow activities on public streets for specific periods if legitimate reasons are found to allow the closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic -Control Devices) are provided, such as traffic barricades and "no parking" signs to ensure that the public is not oat risko while attending the special event. 1 D 3 3 AAIPF 6 REV.DOC 4. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community at the various events because specific conditions will be imposed and shall be met. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. That the above citations are true and correct and constitute the findings and requirements of the City Council in this case. Section 2. The City Council approves the closure of portions of Avenida Bermudas between Calle Arroba and Calle Nogales and the side streets to the west that connect to Avenida Navarro (Exhibit oAo) from 5:00 A.M. to 7:00 P.M. subject to conditions imposed by the Public Works and Community Development Departments. Section 3. The City Engineer, or his designee, will issue an Encroachment Permit (Chapter 14.16 of the Municipal Code) to the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby regulating the closure of the streets provided certain traffic control standards and the Conditions of Approval for Temporary Use Permit 2003-382 are met. Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of the Municipal Code) as required by the Public Works Director, a minimum of 24- hours prior to the event. The Riverside County Sheriffs Department will tow any unauthorized vehicle within this area at the time of the event. Section 5. In case of bad weather, the City Manager is authorized to reschedule the street closure provided all conditions of approval under Temporary Use Permit 2003-382 are met. Section 6. The Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby personnel shall obtain an Encroachment Permit from the Public Works Department, including a traffic control plan, prior to closing the streets, and make arrangements to install all traffic safety signs and barricades prior to the closure of said streets. Section 7. A condition of Temporary Use Permit 2003-382 shall be to have Riverside County Sheriffs Department personnel on hand to assist the applicant with on -site security and provide traffic control measures needed to carry out the street closure permit. Section 8. The City Council authorizes City staff or other assigned safety personnel to close the event if at any time all safety standards are not being met,1 l,, 4 and thus could jeopardize those persons attending the function; and 4 '\AIPF 6 REV.DOC Section 9. The City Clerk shall cause this Resolution to be posted after its adoption. PASSED, APPROVED and ADOPTED at. a regular meeting of the La Quinta City Council, held on this 1st day of April, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, 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 10 5 '\AIPF 6 REV.DOC �uu EXHIBIT'Al .Calle Ensenada IF7 GREATER COACHELLA VALLEY SOAP BOX DERBY tA Id _ j Calle No ales W LJ Calle Chihuahua 0 W eta � W - go '> .z 3 Z —"'—`- Calle Monterey . W N W C� •�O c7 � _Z cfi OF° COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Approval and Acceptance of Grant Deed from 111 Venture, LLC for Certain Real Property Located North of Highway 111 and East of Adams Street for the Purposes of Roadway Improvements — the Extension of La Quinta Drive RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and authorize acceptance of a grant deed from 111 Venture, LLC, for certain real property located north of Highway 111 and East of Adams Street in the City of La Quinta, for the purposes of an extension of La Quinta Drive. FISCAL IMPLICATIONS: None. The subject grant deed from 111 Venture, LLC, is being granted to the City free of charge. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 18, 2003, the City Council approved an Agreement for purchase and sale and escrow instructions to acquire from the Mannino family approximately 16,469 sq. ft. of property located on the north side of Highway 111, east of Adams Street. The property is to be utilized for the extension of La Quinta Drive, which at present terminates on the south side of Highway 111. A grant deed for the conveyance is submitted herewith as Attachment 1. The City's Planning Commission, on January 28, 2003, reviewed the acquisition of the property necessary for the La Quinta Drive extension and. found it to be consistent with the City's General Plan under Government Code Section 65402. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: IC 1. Approve and authorize acceptance of a grant deed from 111 Venture LLC, for certain real property located north of Highway 111 and east of Adams Street in the City of La Quinta, for the purposes of an extension of La Quinta Drive; or 2. Do not approve and authorize acceptance of a grant deed from 111 Venture, LLC, for certain real property located north of Highway 111 and East of Adams Street in the City of La Quinta, for the purposes of an extension of La Quinta Drive; or 3. Provide staff with alternative direction. Respectfully submitted, �' --./ U44e Timothy R' Public Wor Attachment: 6son, P.E. rector/City Engineer 1. Grant Deed Approved for submission by: (;�� homas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\4-1-03\AIPF 4.doc 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager SPACE ABOVE THIS LINE FOR RECORDER'S USE (Exempt from Recordation Fee per Gov. Code § 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 111 VENTURE, LLC, a California limited liability company (the "Grantor'), hereby grants to the CITY OF LA QUINTA, a California municipal corporation ("Grantee"), that certain real property ("Property") located in the City of La Quinta, County of Riverside, State of California, legally described in Exhibit "A" and depicted in Exhibit `B", both of which exhibits are attached hereto, and incorporated herein by this reference, subject to all matters of record. 111 Venture, LLC, a California Limited Liability Company By: SCS Family Limited Partnership, a Nevada Limited Partnership, Its: Manager By: Woodpark Development Company, Inc., a California Corporation Its: General Partner Scott Gayner, Its: President ATTEST: June Greek, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP Wo M. Katherine Jenson, City Attorney "Grantee" CITY OF LA QUINTA, a California municipal corporation City Manager 882/015610-0064 378988.02 PM03 STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF ) On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 882/015610-0064 378988.02 PM03 110 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta, and is described as follows: THAT PORTION OF PARCEL' S 11 AND 12 OF PARCEL MAP NO.29351 AS SHOWN IN PARCEL MAP BOOK 197, PAGES 33 THROUGH 36 INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EAST ONE HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M. WITH THE NORTHERLY LINE OF THE RIGHT OF WAY OF HIGHWAY 111 (55-FOOT HALF WIDTH) AS SHOWN IN DEED RECORDED DECEMBER 11, 1967 AS INSTRUMENT NO. 108641; THENCE NORTH 00013'25" WEST 38.37 FEET ALONG SAID WESTERLY LINE, BEING THE EASTERLY LINE OF SAID PARCEL MAP NO. 29351, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00013'25" WEST 161.66 FEET; THENCE NORTH 82013' 54" WEST 6.60 FEET; THENCE SOUTH 00013'25" EAST 98.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 456.00 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 89046'35" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 63.18 FEET THROUGH A CENTRAL ANGLE OF 07056' 17", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 82°17'08" EAST; THENCE SOUTH 82017'08" EAST 11.01 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 1,149 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. 882/015610-0064 378988.02 PM03 �9% m F- m M x w 8821015610-0064 378988.02 PM03 V,4 w 112 a GRANTEE'S ACCEPTANCE' This is to certify that the interest in real property conveyed by the Grant Deed dated , 2003, from 111 VENTURE, LLC, a California limited liability company (the "Grantor"), to the CITY OF LA QUINTA, a California municipal corporation ("City"), is hereby accepted by the undersigned officer or agent on behalf of the City pursuant to authority conferred by resolution of the City Council of the City adopted on , 2003, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: Title: 882/015610-0064 378988.02 PM03 113 COUNCIL/RDA MEETING DATE: April 1, 2003 Adoption of a Resolution Accepting a Donation of Catering Services for Senior Center Special Events RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation of catering services for Senior Center Special Events by Desert Cities Catering. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Desert Cities Catering will donate catering services to the La Quinta Senior Center for the 2003 Senior Walk to be held on April 9, 2003. Desert Cities will provide a healthy and nutritious continental breakfast for the Senior Walk. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation of catering services for Senior Center Special Events by Desert Cities Catering; or 2. Do not adopt a Resolution of the City Council accepting a donation of catering services for Senior Center Special Events by Desert Cities Catering; or 3. Provide staff with alternative direction. 114 S:\Community Services\CCReports\CC.249.Catering Donation 04-01-03.doc Res ctfully ubmitted, V odie Horvit , Co munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 115 2 S:\Community Services\CCReports\CC.249.Catering Donation 04-01-03.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION OF CATERING SERVICES WHEREAS, on April 9, Desert Cities Catering is generously donating catering services to the La Quinta Senior Center for 2003 Senior Walk. WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of catering services from Desert Cities Catering to the La Quinta Senior Center. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this day of April 1, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2003-_ Catering Services Adopted: April 1, 2003 Page 2 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California S:\Community Services\RESO-ORD\Desert Cities Donation.frm T 0 46 4' t 4 a" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 1, 2003 9 CONSENT CALENDAR: STUDY SESSION: Approval of Memorandum of Understanding PUBLIC HEARING: with the Retired and Senior Volunteer Program RECOMMENDATION: Approve the Memorandum of Understanding with the Retired and Senior Volunteer Program and authorize the City Manager to execute the Memorandum of Understanding. FISCAL IMPLICATIONS: Should the City Council authorize the City Manager to execute the Memorandum of Understanding with the Retired and Senior Volunteer Program, continued funding for the program will be included in the Community Services/Senior Center budget in the amount of $3,200 as a contribution to RSVP. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has participated in the Retired and Senior Volunteer Program (RSVP) for several years with a Memorandum of Understanding (MOU) in place. The MOU has expired and RSVP is requesting a renewal of the agreement. The proposed MOU is provided as Attachment 1. RSVP provides volunteers primarily for the Senior Center. RSVP recruits, trains and assigns volunteers to the agencies that agree to participate in the program. Volunteers at the Senior Center have performed several different tasks, including clerical, acting as hosts and hostesses to the facility, special events, and simple record keeping. By participating in RSVP, services are provided by volunteers, which alleviates the need for the City of La Quinta to hire part-time staff to perform these tasks. 118 The City of La Quinta has budgeted $3,200 each year as a contribution to RSVP, in account # 101-202-605-000. Per section C (8) of the MOU, the MOU can be terminated or amended in writing at any time at the request of either party. The proposed MOU will expire in 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Memorandum of Understanding with the Retired and Senior Volunteer Program and authorize the City Manager to execute the Memorandum of Understanding; or 2. Do not approve the Memorandum of Understanding with the Retired and Senior Volunteer Program: or 3. Provide staff with alternative direction. Respektfully sAbmitted, Dodie Horvitz,'Com)Dunity Services Director Approved for submission by: "Thomas P. Genovese, City Manager Attachment: 1. Memorandum of Understanding with the Retired and Senior Volunteer Program 113 2 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING BETWEEN Retired and Senior Volunteer Program (RSVP) 73-750 Catalina Way, Palm Desert, CA 92260 Name of Volunteer Station: City of LaQuinta — Community Services Name of Station Volunteer Coordinator who will act as liaison with RSVP and be responsible for orientation and supervision of volunteers is: Dodie Horvitz Address: 78-495 Calle Tampico, LaQuinta, CA. 92253 Telephone Number: (760)777-7032 Fax: (760)777-1231 Non Profit 501(c) (3) No. MOU Contract Period: 01/03 —06 An RSVP Representative is available for assistance or any questions at: Phone (760) 341-0401 Fax (760) 340-9585 E-mail fferguson@co.riverside.ca.us This Memorandum of Understanding (MOW) will guide the working relationship between both parties. This MOU may be amended, in writing, at any time with concurrence of both parties and must be renegotiated at least every three years. PROVISIONS OF MEMORANDUM OF UNDERSTANDING A. Retired and Senior Volunteer Program (RSVP) 1. Recruit, interview, and enroll RSVP volunteers and refer volunteers to the volunteer station. 2. Instruct RSVP volunteers in proper use of monthly reports, reimbursement guidance, and program procedures. 3. Provide RSVP orientation to volunteer station staff prior to placement of volunteers, and other times, as the need arises. 4. Periodically monitor volunteer activities at volunteer station to assess, discuss needs of volunteers and volunteer station. 5. Furnish accident, personal liability, and excess automobile insurance coverage as required by program policies. Insurance is secondary coverage and is not primary insurance. 6. Reimburse qualifying RSVP volunteers for transportation cost between their home and volunteer station in accordance with RSVP policies. �s 3 7. Specify, either by written information or verbal that RSVP volunteers are participants of RSVP publicity; radio, TV print or verbal presentation. B. Volunteer Station: 1. Interview and make final decision on assignment of volunteers. 2. Implement orientation, in-service instruction, or special training of volunteers. 4. Submit Monthly Volunteer Reporting to RSVP by the loth of the month. • Programming for Impact statistical data reflecting volunteer impact on community. • Individual volunteer hours 5. Provide supervision of volunteers on assignments. 6. Furnish volunteers with materials required for assignment. 7. Provide for adequate health and safety of volunteers. 8. Furnish Volunteers with transportation required during their assignments. 9. Investigate and report, accidents, and injuries involving RSVP volunteers immediately to the RSVP office. All reports must be submitted in writing. C. Other provisions: 1. If meals are provided to volunteers, please complete this portion: Contributed meals are FEDERALLY FUNDED under: Title III of the Older Americans Act Other (federal) funding source Contributed meals are not provided by FEDERAL FUNDS. Meals will be provided to RSVP volunteers at a free or reduced price when hours of service has been or will be volunteered during that day. If free or reduced meals are provided, and not federally funded, space for this reporting will be added to the Monthly Volunteer Time Sheet. 2. Separation from Volunteer Service: The volunteer station may request the removal of an RSVP volunteer at anytime. The RSVP volunteer may withdraw from service at the Volunteer Station or from the Retired and Senior Volunteer Program at anytime. Discussion of individual separations will occur among RSVP staff, Volunteer Station Staff and volunteer to clarify the reasons, resolve .conflicts, or take remedial action, including placement with another Volunteer Station. 1 42 14 4. Displacement of Employees: The Volunteer Station will not assign RSVP volunteers to any assignment, which would displace employed workers or impair existing contracts for services. 5. Accessibility and Reasonable Accommodation: The Volunteer Station will maintain the programs and activities to which RSVP volunteers are assigned accessible to persons with disabilities and provide reasonable accommodation to allow persons with disabilities to participate in programs and activities. 6. Prohibition of Discrimination: The Volunteer Station will not discriminate against RSVP volunteers or in the operation of its program on the basis of race, color, national origin, sex, age, political affiliation, religion, or on the basis of disability, if the volunteer is a qualified individual with a disability. 7. Specify, either by written information or verbally, that RSVP volunteers are participants in the Volunteer Station's program in all publicity featuring such volunteers, whether it be radio, TV, print or verbal presentation. Display an RSVP placard where it may be viewed by the public. 8. Conditions of this Memorandum of Understanding may be amended or terminated in writing at anytime at the request of either party. It will be reviewed every three years to permit needed changes. 9. This Memorandum of Understanding contains all the terms and conditions agreed upon by the contracting parties. No other understanding, oral or otherwise, shall be deemed to exist or to blind any of the parties hereto. 10. This Memorandum of Understanding will be in effect upon dated signature of the Director. ..................................................................I Signed: Name and Title, Volunteer Coordinator Fran Ferguson Director, Retired and Senior Volunteer Program Date .*-..6-a3 Date 40 T 6 444JI. 4 COUNCIL/RDA MEETING DATE: April 1, 2003 Authorization for Overnight Travel for the Recreation Supervisor to Attend the California JPIA Playground Safety Inspector Certification Course and National Exam, May 21 — 23, 2003 In La Palma, CA RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Recreation Supervisor to attend the JPIA Playground Safety Inspector Certification Course and National Exam May 21 — 23, 2003 in La Palma, CA. FISCAL IMPLICATIONS: The Community Services Department budget has funds allocated in the Travel, Training and Meetings Account (#101-251-637-000) to cover the costs of professional conferences. The cost of the JPIA course and exam is $655. The cost breakdown is as follows: Registration Fee Exam Fee Meals Hotel Mileage TOTAL: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: $ 240 $ 100 $ 25 (partially included) $ 225 $65 $655 The California JPIA Playground Safety Inspector Certification Course and Exam, is the 1A3 S:/Comm. Services\CCReports\JPIAPIayground Inspector only national program devoted to playground safety inspectors. Obtaining this certificate will meet the State of California requirements regarding the inspection of playgrounds. The course is 12 hours of training from nationally known playground experts who prepare course participants for the two-hour, 100 questions exam held at the culmination of the certification course. Participants that pass the exam are certified for three years. (Attachment1). By obtaining this certification, the Recreation Supervisor can assist the Public Works Maintenance Manager with playground inspections and make recommendations for appropriate maintenance to comply with established maintenance guidelines. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Recreation Supervisor to attend the JPIA Playground Safety Inspector Certification Course and National Exam May 21 — 23, 2003 in La Palma, CA. 2. Do not approve authorization for overnight travel the Recreation Supervisor to attend the JPIA Playground Safety Inspector Certification Course and National Exam May 21 — 23, 2003 in La Palma, CA. 3. Provide staff with alternative direction. Respectfully1submitted, odie Horvitz,, Cgmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. California JPIA Certified Playground Safety Inspector Information 2 S:/Comm. Services\CCReports\JPIAPIaygroundInspector ATTACHMENT 1 n x w OD � w � o o w 0 � N n fD It r y� ZOO Z Ord ZOoil rn X� 0-4 �Z Z� d� O v £Z906 PIUJOJzlu:) "Utu?d e7 4aa% JCpoow 1808 d • I d jElm V I NId0J i'Id7 z z n r� x 0 o n Zr � O z 1;'5 3 E562,;2 CERTIFIED PLAYGROUND SAFETY INSPECTOR A 2-day preparatory class and a national exam CALIFORNIA JPIA 8081 MOODY STREET 562-467-8778 What to Know: This course is the only national program devoted to playground safety inspectors. Advanced reading is required prior to the course. This advanced reading is vital to passing the certification exam. The course is twelve hours of training from nationally known playground safety experts who prepare you to sit for the two-hour,100 question exam held at the culmination of the certification course. Participants who successfully pass the exam will be certified for three years. Registration: Registration fees include the class, exam, materials, textbooks, 3 breakfasts, 2 lunches, and a playground site visit. To register, complete the form online or submit by mail. If you complete the form online you will receive instant confirmation of your registration. Because registration is limited due to room size, registration closes when we meet capacity or on April 3, whichever is first. A maximum of four (4) staff per Member agency may register. Additional staff may be placed on a priority waiting list. Please do not wait to register for this course! Walk-ins are not allowed. Class Materials: A detailed package of information and the textbooks are mailed six weeks prior to the actual course date. California Playground Regulations: Obtaining this certification will meet the State of California requirements regarding the inspection of playgrounds by a certified playground safety inspector. Clothing: The dress code is casual - leave your business attire at home! Please be prepared should it rain on day two during the playground site inspection. Housing Arrangements: Attendees are responsible for making their own hotel reservations. The following hotels are within a 15-minute drive of the CALIFORNIA JPIA training facility: Cerritos: Sheraton,12725 Center Court Drive, 562-809-1500 La Palma: La Quinta Inn, 3 Center Point Drive, 714-670-1400 Who Should Attend: Public Works Inspectors, Recreation Managers and Supervisors, and CALIFORNIA JPIA Member Registration Form First Name: E] Male ® Female : Last Name: bra CPRS/ NRPA Member ID# SSN: 3 -S 20 • Title: -Vc° r'y-e tA- i u ,c� 5y� r \,S Employer: • • Supervisor's Name: • Work Address (no PO Boxes): ---r • city: 1— 0^ O J Zip: c�c3 : Count • • E-mail: r -' into. or-� Day -time phoi .7 -2 - % 0 Fax Number: —7 to C> --7 "7 '% 2,.2j • • Payment Information: • Member Institute Registration fee: $ 240 Member Ea $100 • Total $ 'S)40 , 0 U I have read below. Signature: C, MetlU of payment: Bill City/Organiz26n ❑ Check payable o: CALIFORNIA jr1X Visa Mastercard . Account holder name: • Credit Card Number: • Expiration Date: ❑ ❑ • Cancellation Policy: Cancellations received by April 21, 2003, will be eligible for a partial refund (less textbook fees of $100 and a $50 processing fee). No refunds will be offered after April 21, 2003. Due to advanced reading requirements, agency transfers are allowed up to three weeks prior to start date. All cancellation requests must be submitted in writing ...: "Playground Safety Inspector Certification Course and National Exam", May 21 - May 23Page 1 of 2 Marni Francisco From: Dodie Horvitz Sent: Thursday, December 19, 2002 11:43 AM To: Marni Francisco Subject: FW: California JPIA Training Workshop: "Playground Safety InspectorCertification Course and National Exam", May 21 - May 23, 2003, Located atthe California JPIA in La Palma Here you go! [Dodie Horvitz] -----Original Message ----- From: Jami Ewals [mailto:jami@cjpia.org] Sent: Thursday, December 19, 2002 11:13 AM To: All Risk Mgr, HR Mgrs, & Park & Rec.; Additional City/Town Managers & Executive Directors Subject: California JPIA Training Workshop: "Playground Safety InspectorCertification Course and 'National Exam", May 21 - May 23, 2003, Located atthe California JPIA in La Palma CERTIFIED PLAYGROUND SAFETY INSPECTOR A 2-day preparatory class and a national exam. CALIFORNIA JPIA 8081 MOODY STREET 562-467-8778 What to Know: This course is the only national program devoted to playground safety inspectors. Advanced reading is required prior to the course. This advanced reading is vital to passing the certification exam. The course is twelve hours of training from nationally known playground safety experts who prepare you to sit for the two-hour, 100 question exam held at the culmination of the certification course. Participants who successfully pass the exam will be certified for three years. Registration: Registration fees include the class, exam, materials, textbooks, 3 breakfasts, 2 lunches, and a playground site visit. To register, complete the form online or submit by mail. If you complete the form online you will receive instant confirmation of your registration. Because registration is limited due to room size, registration closes when we meet capacity or on April 3, whichever is first. A maximum of four (4) staff per Member agency may register. Additional staff may be placed on a priority waiting list. Please do not wait to register for this course! Walk-ins are not allowed. Class Materials: A detailed package of information and the textbooks are mailed six weeks prior to the actual course date. California Playground Regulations: Obtaining this certification will meet the State of California requirements regarding the inspection of playgrounds by a certified playground safety inspector. 12/ 19/2002 ..: "Playgrovind Safety Inspector Certification Course and National Exam", May 21 - May 2 Page 2 of 2 Clothing: The dress code is casual - leave your business attire at home! Please be prepared should it rain on day two during the playground site inspection. Housing Arrangements: Attendees are responsible for making their own hotel reservations. The following hotels are within a 15-minute drive of the CALIFORNIA JPIA training facility: Cerritos: Sheraton, 12725 Center Court Drive, 562-809-1500 La Palma: La Quinta Inn, 3 Center Point Drive, 714-670-1400 You may register for the workshop through our website by following the link provided below. Simply click on the name of the workshop you would like to attend, select your agency's name from the pull -down menu, and complete the brief registration information. http://www.cjpia.org/4dcgi/training/training_calendar.shtmi Please forward this email to all staff members that may benefit from the workshop. Thank you, Jami Ewals Risk Management/Training Assistant California JPIA (562) 467-8778 06 �4.8 12/ 1912002 T a 44 4bf 4 a" COUNCIL/RDA MEETING DATE: April 1, 2003 Approval of: 1) Loan from the General Fund To La Quinta Redevelopment Agency Project Area No. 1; 2) Resolution Making Findings Pursuant To Health and Safety Code Section 33445 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: IO STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving a loan from the City of La Quinta to the La Quinta Redevelopment Agency and making certain findings pursuant to Health and Safety Code Section 33445(a). FISCAL IMPLICATIONS: Funds to be loaned from the General Fund to the Redevelopment Agency total $6 million. The loan will accrue interest at 7% annually. Project Area No. 1 has the financial capacity to repay existing bond debt, existing General Fund loans, and this loan. These General Fund loans would encompass revenue that remains after the Emergency and Cash Flow reserves. BACKGROUND AND OVERVIEW: The La Quinta City Council approved the Mid -Year Budget Report on February 18, 2003, which contained staff's recommendation for a loan of $6 million from the General Fund to the Redevelopment Agency, for Capital Improvements in Project Area No. 1. These projects include: library construction ($4.3 million), the La Fonda Street improvements ($767,000) and the design of future Eisenhower bridge improvements ($886,550). Attached for your consideration is Resolution 2003-_, A Resolution of the City Council of the City of La Quinta Establishing a Loan from the City of La Quinta to the La Quinta Redevelopment Agency and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a). The proposed resolution provides for the following: 14 • Approves a Promissory Note with a repayment date of November 29, 2033 and an interest rate of 7 %, between the City and the Redevelopment Agency, in an amount of $6 million; and Makes certain findings pursuant to Health and Safety Code Section 33445(a). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a loan from the City of La Quinta to the La Quinta Redevelopment Agency and making certain findings pursuant to Health and Safety Code Section 33445(a); or, 2. Do not adopt a Resolution of the City Council approving a loan from the City of La Quinta to the La Quinta Redevelopment Agency and making certain findings pursuant to Health and Safety Code Section 33445(a); or, 3. Provide staff with alternative direction. R;oohn sp tfully submitted, M. Fa co er, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager I i0 2 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ESTABLISHING A LOAN FROM THE LA QUINTA REDEVELOPMENT AGENCY, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WHEREAS, the activities of the La Quinta Redevelopment Agency (the "Agency") Project Area No. 1 cause improvements to be done that are beneficial to both the City of La Quinta (the "City) and the Agency: and WHEREAS, current Agency Project Area No. 1 revenues are of a limited nature, although additional future revenues will be forthcoming as development continues; and WHEREAS, the City desires that the Agency Project Area No. 1 continues with such mutually beneficial improvements and particularly with the publicly owned Capital Improvement projects, including library construction, the La Fonda Street improvements, and the design of future Eisenhower bridge improvements ("the Projects"); and WHEREAS, the City has authority to provide a loan to the Agency as an investment under Government Code Section 53601(d): and WHEREAS, these projects are in the best interest of the public, are located within the La Quinta Redevelopment Agency's Project Area No. 1, and will enhance the public' s use of Project No. 1; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. The Projects to be funded with Agency funds are of benefit to Project Area No. 1 and no other reasonable means of financing such benefits are available to the community at this time. 2. The attached Promissory Note with an interest rate of 7%, between the City and the Agency be approved in an amount of $6 million. 3. Pursuant to Health and Safety Code Section 33445(a), the City Council finds: (a) That the Projects will be of benefit to the Agency's Project Area No. 1. (b) That no other reasonable means of financing the Projects are available to the community at this time. (c) That the payment of funds for the Projects will assist in the elimination of one or more blighting conditions in the project area and is consistent with the implementation plan adopted pursuant to Section 33490. 3 Resolution No. RA 2003- Loans/City to RDA RDA Project Area 1 Adopted: Page 2 PASSED, APPROVED and ADOPTED this 1 st day of April, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, ayor City of L 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 GI La Quinta Redevelopment Agency Project Area No. 1 PROMISSORY NOTE La Quinta, California April 1, 2003 FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of La Quinta, a municipal corporation, in lawful money of the United States of America, the principal sum of Six Million dollars ($6,000,000) together with interest per annum on the principal balance from time to time outstanding after the date hereof until paid in full. 1. Maturity: The principal amount of this Promissory Note, together with any accrued but unpaid interest, shall be due and payable by November 29, 2033. 2. Interest: Interest on the unpaid principal balance hereof from time to time outstanding shall accrue at the rate of seven percent (7%) per annum, commencing on the date hereof. 3. Prepayment: The undersigned, at its option, shall have the right to prepay this Promissory Note, in whole or in part, at any time and from time to time, without penalty, provided that such optional prepayment shall be credited first to accrued interest, if any, and then to unpaid principal. 4. Miscellaneous: 4_1 The undersigned hereby waives presentment, protest, notice of protest, notice of dishonor, and notice of nonpayment on this Promissory Note. 4_2 The undersigned promises to pay cost of collection, including attorney's fees, whether or not suit is filed under any instrument or obligations evidenced by this Promissory Note, upon the occurrence of a default hereunder. 4_3 The undersigned promises to perform and comply with each of the obligations of any and all of the undersigned set forth in every instrument evidencing this Promissory Note. 4_4 This Promissory Note shall be governed by and construed according to the laws of California. 4_5 The repayment of the loan principal and accrued interest by Agency shall be junior and subordinate to (i) all existing and future Agency tax allocation bonds or other direct long-term indebtedness of Agency, (ii) all existing and future pledges by Agency of tax increments for tax allocation bonds or other direct long-term indebtedness of Agency, (iii) existing and future Agency financial agreements and other contractual obligations of Agency, and (iv) any contingent obligations of Agency. IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Promissory Note effective as to the day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, A public body, corporate and politic of the State of California 133 By: Terry Henderson Its: Chairperson 5 MEMORANDUM March 31, 2003 TO: Honorable Mayor and Members of the City Council FROM: John M. Falconer, Finance Director f RE: Consent Calendar Item 10 on the April 1 2003 Agenda — Loan Between City and Redevelopment Agency At the request of Mayor Adolph, staff has prepared an analysis of estimated fund balances for each fund and the impact that the $6,000,000 loan would have on the General Fund and have identified if any other funds could be used for making this loan. Impact on General Fund The General Fund would have the following reserves available after the Loan is made: Emergency Reserve $9,186,650 Emergency Cash Flow Reserve $1,800,000 Undesignated $4,559,134 Total $15.545.134 Other Funds Available Besides the General Fund, the following other funds could be used to make the loans without any restrictions: LQ Public Safety - $14,295 Used to pay surviving spouse of slain officer Information Technology - $567,524 Used to replace computer hardware/software Equipment Replacement - $2,940,434 Used to replace vehicles and major capital items roofs, furniture, carpeting etc. Other Funds have been identified in the following Attachment that could be loaned, however, there are restrictions placed upon the loans which in this case do not warrant a loan. Other Funds have been identified in the following Attachment that could not be loaned. I hope this analysis better explains the fiscal impact of the loan from the General Fund to the Redevelopment Project Area No. 1 and the other alternatives available to the City Council. If you have any questions please feel free to give me a call. Thank you. C O cc co »° c ca J dtm E 'n W LU 'O l0 C Lf y 0) C C Mm ca N N (D M 0 N O y y O m M m cc 0 C_ 0 J O oLL o� Q M cts j r 0EQ U W 3 tlf C m J LL LL U �6 LL LL LL LL 0 0 0 0 0 0 0 0 0 0 0 0 0 C C C C C C C C :: -2 .2 d m�� ���a ciCM oo2-;9 0 o d a a > > > m m mmo.oo888L)L)0000o N y0U0UU000UOU��� cmc, LL a�a�o�da�ddm a�mN0 (n (n w u- co co co� w w m '� "' r Tr; "Z C C C t/1 y C� Luwaaaaaaaa000» ayi aiayiayiaiayiayiaiayiayiayiayiaiayiayiayiayiayiayi } } } } } } } } } } } } } } } } } } } M M M M O CD LO O A It C) N ti V N� N (O0 � '"' — � M tf of N pOj C) O �O �p LO I� LO M O cp r�p- O N to tLnUW 1FjNC)0)C4 ODQ�d?Of�O� co -r-N�-�� �r-�1?�MNNO m C) O LO Ili O y O a1 a) y y a) a) y to tll d y y 0 O 0 a) 0 o 0 0 0 0tsIsts 0ti CL g0 0 0 ���o o EL EL 0 0 L 0 o � aaELELE'aaaaa aaaaa. aaa y d1 010l0)y y yUU ca nIUUU aGUU C `Oo `O o 0 0 N2 N -0C�"v10v V'C��p d 0 N N 0 0 N 0 S O N N N N ca w ca co CD y y y y y y ca ca co df to > > > > > > > > > zzzzzzzzzzzzzzzzzz Z ON co MO O O wrl-ONN Go co ti �j O N 0 N C)0 p CD p CD ci w N N 0) . 0 O 00 N M (0 N N C) N M N M O O O cCN o MMM N'O O�N(DO �t Oj�0MGl��Op�n'��ONO�NO M O� II 'a LN 00 co N GpMto O U~j'ONpN�-e - 0 pp co co CD0CDpOG�(CO N to C) gOq O (D ~ n 3 P- O O O N M qq N N N 1 N e- N M NIT � M � O N 0) N M N N LO LO coo M c C4 O M O O Q O LO 000LO0'^OOOO�NNO�co C) eT O �? 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LL N N C N O O O Cf N G3 c 3 30 a�U a� caa.m cn E ti JJrz c >�66,i �UU c o a a�=s ai coE�iaLL0z R N Va i#.E a�o a>o—0 LL CD IxQ'Hd0.J000CLLLIRwJwW-W CJ Q�1 N M �1[t� O CO I- T- N 0. 0 ���ppp e- N N LL = TO NNNNNNNNNNMMM'�It000 0 0- Z O O O O O O O O O O O O O O O O C1 M 0R O O N O O N O O O Op O c0 O O O 0 0 00 0 LO cD co o ai It N O LO O N N w 0 a o 0 m m C ^y`U) 00co cm 0 N �a 4) m �c w 3 3U �o �o � J JLL �a x�iVU rn>,2a2��N� Z•~ ` c U) c w ca rnd Ctic�a aca z J C7 LL (D > J (J c j (n U J Q G. -i U M NO00000lqt1l-co00 0 OO�����NNMM�et'et0i�0� O N O 0 co CO N N 00 V- 0 C) N (D co ti O ,' i sar � QUM 4 4v CAM OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 1, 2003 BUSINESS SESSION: ITEM TITLE: Approval of City Council Goals CONSENT CALENDAR: �l STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the City Council Goals for Fiscal Year 2003-04. FISCAL IM PUCATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the Economic Development Plan, Capital Improvement Program, and budget process. CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: At the March 4, 2003 City Council meeting, the City Council held a study session to discuss its goals for fiscal year 2003-2004. The minutes from that study. session are included as Attachment 1. Staff has provided the list of City Council Goals brought forward by. the City Council at the March 4, 2003 City Council meeting, and has placed them in a table that categorizes each goal. (Attachment 2) The categories are as follows: 134 ■ Economic Development Plan; ■ Capital Improvement Program; ■ Budget; and • Other/Comments The goals that could be attributed to one of the components of the Strategic Planning Process (i.e. Economic Development Plan, Capital Improvement Program, Annual Budget) have been incorporated into those documents for Fiscal Year 2003- 04. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City Council goals for Fiscal Year 2003-04; or 2. Do not approve the City Council goals for Fiscal Year 2003-04; or 3. Provide staff with alternative direction. Respectfully submitted, homas P. Genovese, City Manager Attachments: 1. Minutes from City Council meeting on March 4, 2003 2. Table of City Council goals for Fiscal Year 2003-04 2 ATTACHMENT 1 1. DISCUSSION OF CITY COUNCIL GOALS. City Manager Genovese presented the staff report. He said part of our strategic planning process includes a time period when the City Council can sit down and discuss the goals of the Council for the next given year. That can also lead on to discussions in multi years. The City Council goal setting session is actually one part of the strategic planning process as outlined in the report and as done in previous years, any of the goals brought up today will be contained in one of the three documents which will be brought to you for approval - one would be the Economic Development Plan, the second would be the Capital Improvement Program, and the third would be the Annual Budget. Generally, one of the goals will fit in one of these particular components - it's at that time that you would actually approve or not approve that particular goal. This is primarily set to be the forum by which the Council can list their goals, we can establish into which document those would be presented to Council for further consideration. With that you've gone through this process before and we'll be glad to give you any assistance you need. We have an updated chart for you that gives you current status of the goals from the previous year. The Council proceeded to present their individual goals as follows: Council Member Sniff • proceed with the Historical Museum as deemed appropriate because there are some potential delays and difficulties in moving this expeditiously; he doesn't want it to go off the table but he thinks it could be and will be moved to the end of the table; • important to proceed with the library with grants and/or other appropriate funding that we can obtain; he thinks it's high priority for most or all of us; Mayor Adolph said he talked to the City Manager about the letter from Jim Batten and he guesses there have been a few minor changes but we all realize that some of the problems involved with trying to obtain that grant money was kind of ridiculous in our estimation but he guesses we're re - looking at it at this time to see if maybe there has been some minor change in there where the possibilities of us getting grant funds from the State on that is available to us. Council Member Sniff continued....... • continue financial support for La Quinta Arts Foundation, Chamber of Commerce, and Historical Society as deemed appropriate - he feels 3 these are caveats that need to be stated; • complete street scape for Avenida La Fonda - has noticed the light poles have gone up and if we can get the other work done somewhat expeditiously it would balance the downtown area and certainly be attractive - he knows it is high priority with staff as well as the Council; • need to do something with the Village parking lot at Avenida Bermudas and Avenida Montezuma - the block just doesn't cut it and it would be more functional if it was asphalted with some curbs and stripes and double lines - with planting around it, it could look nice and might prove to be more functional than it is today because the two streets are filled when there is restaurant activity; if could expedite that maybe put some interesting and functional striping in some form for people to walk across Bermudas with some sense of safety and direction; • continue to add park and recreation facilities and support them as much as we can because of the huge and growing youth population with over 28,000 people and a high percentage young folks and school age and pre-school age; • continue promotion of La Quinta with aggressive programs - Visit La Quinta, Shop La Quinta, Enjoy La Quinta, and Invest in La Quinta; • push creatively for more commercial development - hotels, motels, diverse retail - big and small box in appropriate locations; still need to develop our commercial base and it's imperative that we achieve that goal; • develop an enhanced directional sign program that is clear in the daylight and illuminated at night and is consistent throughout the City and that is particularly to encourage people to visit, among others, the Village area and make it relatively easy for, them to find what they are looking for; • still need to deal with selective annexations and spheres of influence - pursue promptly and aggressively but in response to requests from property owners; . • continue building General Fund reserves - will be difficult but he hopes not to break that precedent and if it's only $1, $100, or $1,000 or whatever it may be, that we don't allow that program to end; • periodically re-evaluate City Commissions - as to directions and rules because there has been what may be considered some benign neglect of the Commissions and their rules and direction - certainly not an expensive thing to do but it does take a little time - need to give them a little more attention; • continue to develop expansion plans for the Civic Center (City Hall, E.O.C., storage, office, and conference space) - may not be able to implement this but need to be at the stage where we discuss it, where we are going, what the potential costs will be, and, if necessary, 1J7 4 potentially phasing the improvements; • one of the things that we, unfortunately, have been unsuccessful with is the paramedic program - just a suggestion that we might give some thought to developing such a program, incrementally, over the next several years, hypothetically three to five years - he feels a majority of the people in the City support it and if we can find a means or a method to begin the process, incrementally, rather than going with a massive dollar program, it would certainly be helpful and probably the only way we're going to do it if we can't get some form of a tax; he personally is not real crazy about additional taxes; • another thought we need to deal with is, potentially, a public .safety assessment of some sort with a five-year sunset clause; • also have to give some serious thought to developing options for lighting and landscape funding shortfalls - it's growing and gnawing away at our finances; we need to direct staff to come up with logical functional options to begin reducing that shortfall which is growing; • continue to develop a competitive, functional, and unique conceptual design for the public golf/hotel project and he would feel more comfortable with having it planned in such a way that it could be implemented in phases over several years - maybe four or five years or maybe a little more than that - have within the first phase a complete product that can be added to so it's functional when the first phase is done - you have a functional golf course/hotel area; • need to complete the landscaping on the Civic Center Campus - making proper and suitable replacements of the number of trees that are substandard, broken off, dead - this is our pride and joy, this is our real gem, our real showcase here and the idea that we have accepted some trees that are substandard at the very best is ridiculous - we have some palms that have broken off, we have some citrus trees that both the fruit and trees are yellow - need to get on the landscaper and get that cleaned up because it is pitiful and to accept those he just can't believe that we would do that. Council Member Osborne • one of his first concerns is the North La Quinta Fire Station to find a way to increase the staffing - we have funding to have staffing to an extent for firemen but he would like to see whatever is possible to increase the staffing to include a paramedic group and whatever else may be needed; • regarding the Ranch project, that soon we're able to put a budget together for the project and maintain some close scrutiny on the costs to make sure we stay within some manner form of budget that we put together for the Ranch project; • would like to maintain the City`s financial strength and do what is 5 necessary to do and how we're going to do that is one step at a time so to speak within the Finance Department and maintaining our budgets and our cash flow; • wants to make sure we maintain our City Boards and Commissions - very important to maintain those groups and their input for the City; • wants to make sure our housing requirements are fulfilled within the State mandate and the planning on how we're going to put that together within the timeframe necessary; • regarding our City staff - that we have the means to maintain the high - quality of City staff that we have now - changes will happen but he wants to make sure we can stay within the high quality that we have currently; • that our police protection is always held to a high priority and we can maintain the police protection needed for our community and the costs there as well; • that we maintain our strength with Chamber of Commerce and what they are able to do for our City and the growth for our City and maintain our strong contact with them; • Jefferson Street improvements is going to be a sizeable project to bring that up to the freeway - we have gone through quite a bit with CVAG to make sure that it stays a priority through CVAG and he hopes we can continue that; • the cultural arts are very important for our City and to maintain that - not just the artistic side but in music and other events as is programmed; • that the citizens of La Quinta understand our code enforcement - that code enforcement is a matter that is easily understood by people - always be complaints but at least they'll understand where the City is coming from regarding that; • review the General Plan and commercial in -fill right now and to maintain the high quality of commercial in -fill the City has had and is planned for the youth; • that we maintain our youth programs and involvement with local schools - from the grade schools to the high schools for our kids - so they know that the City cares what is going on for them as we have done so well in the past; • we have some challenges to fund the La Quinta Historical Museum and the Library to put those programs in motion for construction; • work with the animal control facility - we're working again with CVAG on that so we can maintain something that works well for our City; • he doesn't know the aspect of our City's involvement with higher education here in the Valley with the universities and the new San Bernardino State University campus and how we can help with that as well. 1?I a Council Member Perkins • agrees with some of the things Council Member Osborne came up with; • the one thing he believes everyone knows he is seriously requesting is an additional motor officer - it's a large expensive but he feels in a way, and he hates to use revenue coming from traffic citations, but certainly in this town they can pay their own way - he set at Eisenhower watching Washington traffic go by and he wishes he was on a motorcycle and had the authority because he could have written a dozen different tickets of speeds he estimates over 70 mph - the same thing up at Fred Waring and Miles is about as bad too - he feels we need to consider a third motor officer - he wants to emphasize the fact that motor officers can get to scenes of crime or activity where sometimes a patrol takes a lot longer to get there because of traffic - if you drive down 111 and see the traffic and wander if you were driving a police car how you could get through some of that where a motor officer could weave its way through traffic - that's his number one priority; • he understands were on our way to a fire station but we have to push fora paramedic program - the people of La Quinta deserve that kind of service - he has talked to several other cities that have contract like we have and they are very upset with the length of time - he's talked to a couple of cities who have their own paramedic service and the difference is tremendous; • have to pursue Jefferson Street - that is going to be a big shot in the arm from our traffic standpoint, north/south - he's sorry we don't have Adams; • still need to do something about animal control - he's very upset with the way this has fallen apart - he doesn't believe the cities should have to go to the new animal shelter - should have a facility nearby and he thinks Indio and Coachella and maybe even Indian Wells will support what we are trying to do and certainly the County should - it's an inconvenience if nothing else - it takes manpower away from our City to take an animal to that animal shelter and for someone who is looking for a lost dog it's a long way to go - when you've got emergency animal service across the street on Jefferson and they have limited facilities to take care of animals, it makes it much easier. He knows a couple of things he has asked for - the motor officer and the paramedics - are costly but he thinks somewhere along the line we have to bite the bullet and say the people of La Quinta deserve better public service and safety service than we're able to give at the present time. Council Member Henderson - said she could say ditto - she keeps a file on 1.110 this since 1998 and first off complimented staff on the number of previous goals the City has achieved - some have been on there year after year like the assessment districts and Jefferson Phase I, the Civic Center Campus - we have acquired a lot and she thanks staff for all their hard work in trying to make sure that they keep us and the rest of the City happy; • on her list she has fire, Jefferson Street, animal shelter - all of the things she has heard today and the only comment she would have would be reinforcing those; • she has a new one - what she feels we need to do - she spent some time over the weekend with the General Plan and she made a copy of this sheet that is right out of the General Plan, it's land use - it's kind of interesting - the focus here is open space - we have a community, much like every other city in Coachella Valley and surprisingly, much like every other city in Riverside County, who's top priority right now is open space - that is a .legitimate concern - however, she doesn't feel we spend near the amount of time that we should, talking about the open space that we have - for instance, on this sheet we have a total of 8,000 acres for residential - we have 1,216 for commercial - we have 5,500 open space, then there is another 4,000 that is golf course, and there's always "who's open space is that" - which really brings us to a point which is trying to define what we mean by open space - she feels more and more what she is hearing is "left in its natural desert condition" - seems to be the inference she is getting when people talk to her about open space - they don't talk parks or golf courses - she thinks what they're looking for is desert - but to that end we have 130 acres at the top of the Cove and she doesn't feels that we spend a reasonable amount of time communicating that message to the community - she would like to spend some of our, whether it's ... she doesn't want to even go into marketing dollars because she doesn't feel we should market this year... some of our written material, our recreation brochures to begin to talk about the open space, the hiking, the trail system, all of the partnerships that we're doing with San Jacinto/Santa Rosa National Monument group and C. V. Mountains Conservancy - she feels we are, we're there trying to meet this need and she doesn't feel the community knows it - she would like to have that an emphasis this year. Mayor Adolph • he would like to see the more natural open space left in its natural form but also he prefers open space - comes to golf courses or parks and things - he just doesn't want every piece of land that we have in the City to have a structure on it and anything beyond that he hopes will be open space - he prefers to see between houses more space, 1�1 more setback, things like that - that provides more open space rather than being in downtown Los Angeles where the building comes right to the property line - that's what he is always concerned about the fast and progressive development that we have in Coachella Valley and it's difficult to control that - one of the ways to control it is to purchase the land ourselves then we can control it - he noticed Goal #26 is purchase of land for public purposes and we're going to be dealing with one piece of land on Washington before too long - we've got Avenue 52 and Jefferson we're looking at and we might even consider Avenue 50 and Washington. Council Member Perkins said he feels in the past we've been successful in land banking and it's proven. Mayor Adolph continuned: • agreed with Council Member Henderson that many of the things we've looked at in the past we're doing - staff is doing an outstanding job in putting us into a position to be able to do things like this • we're dealing with fire services and paramedics - it's very much needed in this community and we're going to have to do; • he has some minor things that he feels can be accomplished - sometimes when we dream we like to dream big and things that are kind of blue sky and we may or may not be able to obtain but there are some things he feels we should look at - staff gave a report on the corner at LG's on what to do to enhance that property - he. feels staff understands it may be a little sterile and that something needs to be done - it's something he feels we should take a good hard look at because it is a major focal point of La Quinta and it doesn't show - it looks like we did a job but it wasn't a very good job - so we need to enhance that - he talked to the City Manager today and if you drive around the community, this was brought to his attention just recently, if you look at the radius' on the medians, especially where there are left turns and right turns, they've got tire marks and are chipped - we need to do something to either put flourescent paint or some sort of reflector on it because it's obvious people are hitting those things at night and we're looking at a major accident to occur - put a program together to do this for protection because it's obvious people are hitting them - he feels we should set a priority to do these things if necessary; • he stated Monday night he had a problem with hitting every traffic signal and Tuesday he went through just fine - he doesn't know what happens to synchronization of traffic signals but hear this generally from the public and it's something we should look at; • he's not sure we dealt with this issue (shade structures at the Senior 14 Of(.-). a Center) when we were dealing with the library - the Senior Center is very appreciative of what we've done but we may want to consider adding to that because when the library goes in we're going to have the same kind of problem - it is going to be used and it gets pretty hot during the summer; as Council Member Osborne stated, more cultural programs are needed in the City - the Cultural Commission does a good job but they need our support to provide additional things - as the City grows, especially our younger population, it's important that we do this; at the barber shop several people talked about the need to do something about parking limits on Calle Estado - it's obvious the employees are parking there and they have no parking spaces - people are having to park a block and a half away to get into the barber shop - they want to know if we can put in a time limit, at least during the day from eight to four or something like that - two-hour parking or something - that allows people to go into the library, allows people to go into the barber shop or restaurants - some way to control that - he told them he would bring it up to see if there is some way we can address that issue; Council Member Perkins - we can put in parking meters (jokingly) Mayor Adolph continued.... he doesn't like those things but the business people have a concern and one of the concerns is that it's probably their own people that are parking there; he expressed appreciation for Council Member Sniff's comments - a lot of them merit - some of the things we're involved with already and that's what we need. Council Member Henderson stated she too has had conversations with people on Calle Estado - there's a couple of things in her opinion that are somewhat obvious, in fact one of the fellows she talked to was talking about someone's employees parking there and she asked him where his are parking and they are parking somewhere equally as disruptive and she told him we have the City parking lot - she knows Council Member Sniff has brought it up numerous times and she has talked to staff and is sure something is in the works - (tape change) she commented on the need for signage to identify the City parking lot in the Village - and if the businesses had approved their business district they would be able to communicate within themselves and take care of this problem - they didn't do that and now they are coming to us to solve the problem - your suggestion would work but if we stop it at 4:00 we have some folks that leave their company vehicles on the street all night and we have several restaurants that have an issue from 4:00 to 10:00 so that wouldn't work if stopped at 4:00 - she has suggested those folks talk to each other, particularly the one company that has employees on the street eight hours a day and then the company vehicles are left parked on the street 1�3 10 the rest of the evening and all night long - she feels if they just communicate with each other they might be able to get somewhere - if not, obviously, we'll have to step in and no one likes that when it happens. Council Member Perkins said if you set time limits, such as 8 AM to 6 PM or 8AM to 7PM, you kind of kill the overnight parking because a lot of people get off at 4:00 but you still open it up for the restaurants - if you go to some of the restaurants you're in there longer than two hours - the second problem comes with the enforcement - that has to be worked out also because it's no good if you put up signs and don't enforce it. Mayor Adolph said his purpose was just to bring up the concerns of the community down there and how we resolve it is something we need to look at. Council Member Perkins said it's obvious if you drive down there almost anytime of the day - it's obvious there are cars parked there that are not going any place and are going to stay there all day long. Council Member Sniff said that why he feels we need to make some positive moves that will make that municipal parking area attractive and functional - as it sits it's a big "dud" -there are two things involved with that and Terry mentioned one of them and that is some type of signage that indicates what it is and second that it looks like a parking lot and it can still be attractive but increase the visibility of it and people say this is a place to park in conjunction with that we provide a thoughtful means and method to get people across Bermudas - right now it's a risky business and there's no reason why, with some thought, that we couldn't create a couple of areas that are crossing areas - then people could park in a municipal parking area then cross the street to the other stores there it is not a long walk - need to make that more attractive, more functional, and obvious that this is a way to go - he feels it will go a long way to help all of the businesses down there and if we're ever going to have a successful Village, if we can get the parking issue solved in a logical, functional way so it's easy and people feel comfortable doing it - it will help all the businesses and then third, encourage the businesses that have employees to have their employees park in the municipal parking area - that would clear most of the streets and he feels most of them will cooperate if they are approached in a logical, friendly, functional way. Mayor Adolph said Stan is correct and when Old Town gets completed, and there isn't an abundance of parking in Old Town - if it gets the traffic that we hope it will get there's going to be a definite need for parking and that's just across the street. 1 tit 11 Council Member Sniff said along with that you need an identifiable feeling of safety getting across the street - there are a lot of cars on that road and we're going to have to figure a way to make the parking lot 1) attractive and 2) the crossing of the street safer. Mr. Genovese thanked Council for their comments - in regards to the parking lot we are going through a redesign and looking at various things so that we can present to the Council - that will probably be completed within the next month or so and be presented to Council before the end of this year, including signage - we realize, ultimately, we're probably going to have to work with the business owners in the downtown area because limiting the parking has some constraints to it because we have office uses down there as well and he doesn't think there's ever been a quantification of whether all those offices have enough parking spaces off of the street itself - there are some complicated issues - a lot of them to revolve around the business owners working within themselves to resolve the issue - but the current local parking lot downtown is currently looking at some revisions and we will probably have those before you in the next month or so. Council Member Sniff said in conjunction with that though, in that planning, let's plan a safe way and an easy way, for people to cross Bermudas, both ways - including into Old Town like Don referenced and as well as the business establishments on Estado. Council Member Henderson asked do you have something in mind - she is just curious because it sounds like you've given this some thought.... you're not thinking of a light are you? Council Member Sniff said he's thinking of the possibility of having a light at one location, or some type of pedestrian crossing area with a light that could be triggered - the post office is going to go away someday, it's going to move - now it may not be in our lifetime but it's going to happen sometime and that will change the traffic patterns down there significantly - but we've just got to have a way to get people safely across those streets and that street in particularly - and the configuration of the Village is a little tricky so if we had one central area that they could cross and that would generally speaking be where Montezuma intersects - he feels that probably would be one of the best and the other would could accommodate Old Town and people could walk up from there. 12 ATTACHMENT 2 mi Q Oq�r O J O _ N V' Z M O N O VLL. V a E _ E. 0 v 00. V Q. 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FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City's budget for fiscal year 2002-03 included approximately $300,000 for marketing services (specifically for economic development activities, several community services projects and the City newsletter). The $300,000 marketing effort was supported by various accounts within the City's budget, including: economic development, redevelopment, finance and general services, and community services. A marketing budget for fiscal year 2003-04 has not yet been established (and may be impacted by State budget decisions). Staff is seeking City Council direction on marketing strategies for fiscal year 2003-04, which will be used by staff in preparing a marketing budget for fiscal year 2003-04. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development. The marketing strategies recommended for fiscal year 2003-04 are intended to encourage, support and promote economic development in the City. BACKGROUND AND OVERVIEW: As part of their contract with the City of La Quinta, Kiner Goodsell is responsible for updating the City's marketing plan on an annual basis. Kiner Goodsell has submitted recommended marketing strategies for fiscal year 2003-04 (Attachment 1) as a precursor to actual preparation of the updated plan. M J 4. In order to facilitate City Council discussion and direction, a summary of Kiner Goodsell's recommended marketing strategies for fiscal year 2003-04 is provided below, with more detail provided in Attachment 1: Update Infomercials - Update the two versions (local and out -of -market) of the infomercial using the same introductions and footage, but updating interviews, making minor modifications to the scripts and voiceovers, and obtaining footage of new City amenities. • Advertise in Targeted Trade and Local Publications - Advertise in trade publications read by retail/restaurant developers and business owners. Additionally, continue advertising in the Bob Hope Chrysler Classic Program Guide and the October issue of Palm Springs Life (Desert Cities Progress Issue). • Continue Presence at ICSC - Continue to participate in the International Council of Shopping Centers' Western Division Conference in Palm Springs via the economic development booth and new collateral material; and advertise in the ICSC program guide. • Produce Annual Newsletter - Design and produce the second annual City newsletter for distribution to La Quinta residents. Articles may feature: news updates on economic development and the benefits of commercial growth, updates on the development of community parks and other City amenities, and information on City funding and expenses. • Create City Calendar - Design and produce a 2004-05 City calendar (to be mailed to La Quinta residents) featuring La Quinta's beauty and lifestyle, and presenting informational bits about the City (e.g., historical facts, key dates, important events) . • Advertise Major Community Services Events - Maximize exposure for events such as the City Picnic and other community -oriented events. • Assist in Implementing City Banner Program - Develop three to four different banner designs for display from November through May. In addition to the recommended marketing strategies presented by Kiner Goodsell, the City may wish to continue support for the following (which, historically, have been included in the City's marketing plan): • Advertising opportunities (contingency) • City promotional items • County Fair and National Date Festival sponsorship Finally, another effort to consider for next fiscal year involves marketing of the La Quinta Golf & Resort Project (The Ranch). GMA International has initiated efforts to prepare a name, logo, and story line for the resort project. Additional marketing services may soon include: "branding" of the project, advertising via print and/or electronic media to attract resorts/retailers, implementing specialized programs to attract resorts/retailers, and informing the public of the project's progress. It may be prudent, given the "specialty" nature of resort, golf, and tourism marketing, to consider creating this marketing component within the City's overall marketing strategy. The marketing strategies and opportunities presented in this study session report are being provided for Council discussion and direction. The marketing items selected for implementation will be utilized to prepare the City of La Quinta 2003- 04 Marketing Plan. Respectfull submitted, Mark Weiss, Assistant City Manager Approved for submission by: - �ZX7 � � � /. � �-Z, - Thomas P. Genovese, City Manager Attachment: 1. Recommended Marketing Strategies for Fiscal Year 2003-04 as Presented by Kiner Goodsell Advertising M finer ATTACHMENT 1 oodseil City of La Quints Recommended Marketing Strategies for 2003-2004 Prepared by: Kiner/Goodsell Advertising The City of La Quinta has invested in a number of successful marketing programs in the past few years — which have focused on economic development, community services, business retention and public information. After evaluating past marketing programs and investigating new marketing opportunities for the City of La Quinta, Kiner/Goodsell Advertising submits the following marketing strategies for consideration of implementation in the 2003-2004 Fiscal Year: Focus on Economic Development and Public Information In recent years, economic development marketing has been the primary focus of marketing efforts for the City. Kiner/Goodsell recommends that the City continue with this strategy, while continuing to communicate with local residents and promote significant community services events. By placing a majority of the marketing dollars into economic development print advertising (such as restaurant and retail trade publications), television media (such as infomercial and economic development spots) and events (such as ICSC), the City should continue to see solid results in the number of new businesses coming to La Quinta. By continuing to get the word out on the incredible business opportunities and lifestyle in La Quinta, more business owners will seek out the City and help build it into a more desirable shopping and dining destination (which will lead to increased revenue for the City). 4 Secondarily, the City should continue its efforts to reach out to the community and inform residents of how the City is making La Quints a better place. Communicating with residents and helping them to understand that the City is being strategic with its economic development so as to maintain La Quinta's charm will make residents feel more a part of the process as La Quinta continues to grow, and ultimately, lead them to be more supportive of the City's development as it is taking place. The Community Services Department will continue to offer activities that enhance the La Quinta lifestyle, and marketing efforts should be in place to inform the community of some of the more significant events. The major community services event requiring marketing and advertising this year will be the grand opening of the La Quinta Park, with other marketing dollars reserved for activities like promoting the City Picnic. The seasonal banner program will be carried over into 2003-2004, with the goal of getting banners created, printed and placed in targeted locations by the end of this next fiscal year. We recommend that the City take a hiatus from a business retention program this year, and perhaps additional years until more retail and restaurant establishments locate in La Quinta. While the business retention programs of the past received positive feedback from both residents and participating businesses, there were many restaurants and shops that did not participate. If more restaurants and shops participated (and if those that had participated would have offered more substantial discounts), the business retention programs would have been much stronger. Therefore, Kiner/Goodsell recommends the City refrain from putting marketing dollars into a program that is not highly valued by the businesses it is designed to support. Below is a brief description of the marketing strategies Kiner/Goodsell recommends in order to carry out successful marketing in the designated categories: Economic Development Update infomercial — The infomercial has been an extremely successful marketing tool for the City. We recommend the City update the two versions of the infomercial 5 minimally, updating outdated footage (such as "under construction" shots of certain developments like The La Quinta Park and Old Town) by replacing it with new footage depicting these projects either completed or at a more advanced stage of their development. Advertise in targeted restaurant and retail trade publications — In order to keep reaching the target audience of retail/restaurant developers and business owners, the City needs to have a presence in the trade publications read by this audience. We will also focus public relations efforts towards those same publications -- with the goal of getting editorial copy in addition to our advertising. Additionally, Kinder/Goodsell recommends continued advertising in the Bob Hope Chrysler Classic Program Guide to reach prospective business owners who are visiting the City during the tournament. Continued presence at ]CSC — The City should continue maintaining a presence at the Palm Springs convention of the International Council of Shopping Centers. This is a very strong event for reaching the target audience of developers -- especially when they are already in our market and can experience the amazing lifestyle for themselves. We recommend that in addition to the City's booth at this event, the City feature a full -page economic development advertisement in the convention's well-read program guide, as it has done in years past. Public Communication Continue with the annual newsletter communicating economic development benefits to the community — Continue with the annual newsletter for distribution to local residents. Newsletter can include: news updates on economic development in the City and the benefits of commercial growth, updates on the development of community parks and other City amenities, road construction updates (if applicable) and information about City funding and expenses. Advertise in pertinent local publications — Continue to advertise in print vehicles such as the Palm Springs Life Desert Cities Progress Issue — in order to communicate important 6 messages and City progress updates to residents and other citizens of the Coachella Valley. Develop a City Calendar for 2004-2005 — Create another calendar depicting La Quinta's public art and/or beauty shots of the City -- as well as "factoids" or informational bits about the City. Community Services Continue to advertise major Community Services events — Work closely with the Community Services Department to maximize exposure for events such as the City Picnic and other community -oriented events. Assist in the implementation of the City's banner program — Once directed by the Community Services Department as to where the City's banner program will be implemented, Kiner/Goodsell will develop 3-4 different banner designs for display from November through May. 7 ceitivl 4 aCPQK&rw COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Discussion of the Draft Economic Development Plan for Fiscal Year 2003-2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Review the draft Economic Development Plan for Fiscal Year 2003-2004 and provide staff with direction on the policies, recommended implementation activities, and overall direction of the City's economic development efforts. FISCAL IMPLICATIONS: None for this action. The 2003-2004 implementation activities will be included within the fiscal year 2003-2004 budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: The City of La Quinta is in the eighth year of a proactive economic development implementation effort. In June 1995, the City Council directed staff to initiate an economic development strategic planning process that concluded in May 1996 with the adoption of the first Economic Development Plan. Thereafter, the Plan has been reviewed and updated on an annual basis. The draft Economic Development Plan for Fiscal Year 2003-2004 is included as Attachment 1 for City Council review. Once adopted, this Plan will be one of five components that comprise the City's overall strategic planning effort: the other components include the Capital Improvement Program, Resource Allocation Plan, Mid —Year Financial Review, and the 2003-2004 Annual Operating Budget. Overall, the draft Economic Development Plan for Fiscal Year 2003-2004 proposes to build upon the momentum of this fiscal year's activities. This Plan includes data from the new market study, which was completed by Design Workshop in March 2003. Initiatives include securing retail development and restaurants on the Highway 111 corridor; facilitating development in the Village; marketing activities; and continuing development of the Ranch property. The attached draft Plan highlights the accomplishments of 2002-2003, and lists the goals to be achieved in 2003-2004. Staff is soliciting City Council input, which will be incorporated into the Plan and will then be brought back to the City Council for final review and adoption. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: J. Thomas P. Genovese, City Manager Attachments: 1. Draft Economic Development Plan ATTACHMENT 1 City of La Quinta Iff 1'rA -A P_ i March 25, 2003 City of La Quinta 7&495 Calle Tampion La Quinta, California 92253 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com 16If 3 Contents of This Document This document is organized as follows: i) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Accomplishments During Fiscal Year 2002-03 a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Recreation Opportunities f) Housing g) Marketing ■ 2003-04 Implementation Activities and Target Areas h) Highway 111 Corridor i) The Village j) Annexation Feasibility k) Resort/Hospitality Opportunities 1) Housing m) Marketing n) Recreation Opportunities APPENDIX Exhibit A: City/Agency Real Estate Assets Map 1 P) Section 20034M Economic DeAmlopment Plan Strategies and Tasks to Stimulate Private Investment in La Quinta The City of La Quinta is embarking on the eighth year of implementing an economic development agenda. To date, the City's economic development initiatives have yielded a major office supply store, a major clothing retailer, restaurants, retail enterprises, and purchase and pre -development activities related to developing resort and golf uses. The focus for the coming fiscal year is to balance the need for revenue -generating enterprises with the desire to attract quality development and preserve La Quinta's natural features. The City's overall goal is to insure that the short-term gain realized from achieving revenue - generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the City's economic development initiatives center on attracting and enhancing revenue -generating enterprises, protecting open space and environmental attributes, and expanding recreation opportunities for La Quinta's residents. This document outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale fbr this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Economic Development Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; this Plan embraces a long-term vision rather than a short-term perspective. 163 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 5 March 25, 2003 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 2 In 1996, the City of La Quinta adopted the first economic development plan that defined the community's vision for future development, and presented a business plan to guide the City's economic development initiatives. The City embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley Region A variety of market studies forecast significant growth for the Coachella Valley region during the next decade. Due to its location and available undeveloped land, the City is in a prime position to capture a sizable portion of the projected commercial, resort, and residential development through the active business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes; these revenues comprise 40% of City's General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 88% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing, and provide new, services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. In order to enhance and expand municipal services, the City and Redevelopment Agency must continue to enlarge the City's revenue base. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five Year Municipal Service Resource Allocation Plan, a Five Year Capital Improvement Program, Annual City/Agency Cash Flow Strategies, and Annual City/Agency Operating Budgets. Since 1994, the City has achieved many short- and long- term financial goals identified through the strategic planning effort. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 6 March 25, 2003 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. This Plan outlines the policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. 1� ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 25, 2003 ECONOMIC DEVELOPMENT PLAN Section 12 2003=04 Economic Dew4opment Plan Strategies and Tasks to Stimulate Private Investment in La Quints This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells borders the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately 2 miles south of Interstate 10, primary access is via State Highway 111 and Washington Street. Historically, the City has been identified with the legendary La Quinta Resort & Club, the PGA West golf facilities, and the annual La Quinta Arts Festival. Today, La Quinta is capitalizing on continuing growth in the greater Coachella Valley. According to the California State Department of Finance, La Quinta has been the fastest growing city in the Valley since 1990. Per the 2000 U. S. Census, La Quinta had the third highest household median income in the Coachella Valley at $58,200. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta enjoys an emerging population of new families. Average household size in La Quinta is 2.80 versus 2.65 Valley -wide (U.S. Census, 2000); 48% of La Quinta's population is under 34 years of age, and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.5% of La Quinta's population. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; 16G ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA S March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, La Quinta Country Club and other world class golf facilities; the Highway III commercial corridor features prime, vacant property of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; a market area that features the highest per capita income in the Coachella Valley; the Village of La Quinta, a low density commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; the 525 acre Agency -owned golf and resort property that is currently being master planned to accommodate two championship golf courses, 750 resort rooms, and related retail, recreation and community uses; the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; continued strong residential development and sales activity that generate a significant number of households that support retail, recreation, and service commercial users; a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and resources that the City/Agency can dedicate to economic development investment. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: increasing competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; I G 7 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 increasing competition for golf and resort users with other Coachella Valley cities planning to improve their public golf amenities and working to attract resort and hotel uses; and changing retailing trends that may decrease the need for traditional retail centers. Projected Market Demand In October 2002, the Agency retained Design Workshop to update the January 1999 market study that formed the basis for previous Economic Development Plans. Below is the executive summary that highlights the significant findings of their study. Community Profile The City of La Quinta is located in Southern California and is an integral part of the Greater Coachella Valley market area, which also includes the cities of Cathedral City, Indio, Palm Desert, Coachella, Desert Hot Springs, Rancho Mirage, Palm Springs and Indian Wells. La Quinta's location in the east -central valley places it in the center of the highest - growth area of the Valley, and the city's borders with parts of unincorporated Riverside County offer room for physical expansion. Since the 1920's, the La Quinta Resort and Club has inspired wealthy and often famous individuals to escape, relax, play golf and partake in the serenity of the place. Today, the desert resort city which bears the historic resort's name is still a special place to visit; but it also has emerged as one of the finest cities in the Coachella Valley to shop, conduct business and call home for all or part of the year. Year -Round Population During the past 30 to 40 years, population growth in the Greater Coachella Valley has moved southeast from Palm Springs along the Highway 111 corridor toward La Quinta. Today, many of the communities to the west of La Quinta are built -out and do not have the ability to expand beyond their current borders. The Coachella Valley is forecasted to grow in the next several years, and the east -central valley is one of most desirable areas for new residents to settle. When the City of La Quinta was incorporated in 1982, the permanent population was only 5,260 residents. In 20 years, the population expanded to 28,715 people (5.5 times). Since the mid-1990's, the City of La Quinta has been one of the fastest growing cities in California with annual growth rates nearing eight percent, and future population growth in La Quinta is expected to outpace growth in the United States, the State of 1�3 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 10 March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 7 California, Riverside County and the Coachella Valley. By 2010, the permanent population of La Quinta could reach 40,000 people, or nearly 10 percent of all Coachella Valley residents. Between 2003 and 2010, the City of La Quinta may gain over 1,400 new permanent residents annually through annexation, migration and net natural increase. Seasonal Population Similar to other warm weather resort communities of North America, the populations of La Quinta and the Coachella Valley surge during the winter and spring months as seasonal residents head south. During the 2002 season, La Quinta's population grew by almost 12,000 people, or 42 percent of the year-round population. For the next five years, the size of La Quinta's seasonal population is expected to remain 40 to 45 percent of the year-round population. Other Coachella Valley communities, such as Palm Springs, Rancho Mirage and Indian Wells, see their populations grow by more than 60 percent during the months between January and April. Social/Economic Overview The median age of La Quinta's permanent residents was 36.4 years old in 2002, which is younger than the Coachella Valley average of 37.6 years. Approximately 40 percent of La Quinta residents over age 18 are employed and the median household income of $58,200 in 2002 was the third highest in the Coachella Valley, after Indian Wells and Rancho Mirage. Nearly all permanent La Quinta residents are employed in service - producing industries, which are led by resort and resident services, finance, insurance, real estate and retail trade. Employment seasonality is a concern for many residents of La Quinta and other parts of the Coachella Valley. The largest employers in La Quinta, which include KSL Recreation and "big box" retailers, reduce their workforces by approximately 30 percent during the summer months. Attracting companies that employ the area's diverse population on a year-round basis is a priority of the City and the Coachella Valley Economic Partnership. La Quintals Opportunities La Quinta is a community that is balanced between success as a residential community for permanent residents and Coachella Valley's workforce and as a successful destination resort community for short-term visitors and second homeowners. In the future, the City of La Quinta has the opportunity to strengthen its position in the Coachella Valley as either a residential/worker community or as a resort community; or the City could f; 3 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 1 I March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE S maintain its current position and face the- challenges associated with meeting the often divergent interests of both communities. Its position in the valley will be determined, in large part, by the collective vision established for the city and the decisions made regarding real estate uses throughout the city. La Quinta's many strengths make the community appealing to year-round residents, second homeowners, transient visitors and business people. The key assets of the La Quinta market include: • History — The historic La Quinta Resort and Club is an extraordinary place that attracts thousands of visitors and generates significant consumer spending in the community. The city's history is closely tied to this classic California desert resort and its long-time ties to the international elite. • Location — La Quinta's location in the east -central Coachella Valley puts it in the middle of the highest growth area of the valley. Plus, the city's close proximity to the mountains provides numerous benefits, including outstanding views, and protection from strong winds and blowing sand. • Developable land — Prime parcels of real estate for a number of different uses exist along the Highway 111 corridor, to the north near Interstate 10, in central La Quinta and the Village District, and to the south near unincorporated parts of Riverside County. Much of the land to the south could be annexed for more future development. • Population growth — Strategically planned growth provides opportunities for land use, public and private revenue generation and a sustainable future. • Workforce diversity — The diversity of the workforce in La Quinta and surrounding community enables businesses of all types to locate in La Quinta and staff operations with individuals who are appropriately skilled for the specific job. • Local leadership — The municipal government, Chamber of Commerce and community leaders tend to be willing and able to make decisions, get things done and support managed growth. • Economic opportunities — La Quinta is located near a federal Empowerment Zone and a state Enterprise Zone, both of which have tax benefits for area businesses. In addition, electric service in La Quinta is supplied by Imperial Irrigation District, which provides reliable service for rates that are lower than those charged by Southern 1 "j 0 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 12 March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 8 California Edison, which services the rest of the valley communities to the west of La Quinta. Development Potential Retail Real Estate The real estate development principle of "retail follows rooftops" definitely applies in La Quinta. In 1982, there was very limited retail activity in the city, but by 2001, there was almost 1.5 million square feet of commercial space generating $334 million in taxable sales. However, there is still opportunity for more retail expansion in La Quinta, as total retail sales are projected to reach $405 million per year by 2005 and $620 million per year by 2010. This sales growth will require an additional 192,000 to 233,000 square feet of retail/commercial real estate per year between now and 2010, which can be broken down as follows: • Regional retail — 115,000 to 140,000 square feet GFA per year. • Community retail — 58,000 to 70,000 square feet GFA per year. • Neighborhood retail—19,000 to 23,000 square feet GFA per year. Some of the future demand for retail real estate will be satisfied in commercial/retail villages that are being developed in La Quinta's historic downtown area, at The Ranch and elsewhere in central La Quinta. There are many types of destinations in the Coachella Valley, but village - centered, pedestrian -oriented retail in La Quinta will satisfy a niche that currently is underserved. La Quinta is a great place for retailers to locate new stores. The seasonality of retail sales in La Quinta ranges from 21.1 percent in the third quarter (summer) to 25.6 percent in the first quarter (winter), which is only slightly different from the range in Riverside County as a whole. Plus, La Quinta has many of the characteristics that retail tenants look for when selecting sites for new stores. This city offers: • High traffic counts along the main commercial/retail corridor (over 30,000 cars per day along Highway 111 1); • Positive social/economic profiles and forecasts; • Ample space to suit a variety of retail requirements; Source: City of La Quinta, Community Development Department. 171 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA13 March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 10 • Sizeable permanent population (over 45,000 within three miles of Highway 111 in Central La Quinta and nearly 100,000 within five miles) and large seasonal increase; and • Mid to high level household incomes within five miles of the commercial core areas, 12,000 to 15,000 seasonal residents and 48,000 to 58,000 unique overnight hotel guests that spend over $250 per day in the city. Lodging/Hotel Real Estate At present, almost every overnight visitor in La Quinta stays at the La Quinta Resort and Club because it is a quality experience and there are few other options in the city. However, two or three hotel projects are in various stages of planning and development in the city. La Quinta has the highest average gross hotel sales rate in the Coachella Valley at $49,300 per room, annual average occupancy rates in the Coachella Valley exceed 60 percent and recent valley -wide revenue per available room (revPAR) of $74.41 exceeded the state-wide average of $68.86 by eight percent. Demand for new hotel properties in La Quinta will be determined by the timing of other hotel openings in the city and the Greater Coachella Valley. There currently are three hotel projects (approximately 450 rooms) in La Quinta in various stages of planning and at least 12 projects with over 2,500 rooms in the planning stages throughout the rest of the Coachella Valley. Design Workshop believes that before 2004, no new major resort hotel projects with greater than 400 rooms will break ground in the Coachella Valley. However, opportunities will exist in La Quinta at The Ranch project before 2006 for a luxurious, intimate boutique hotel with 50 to 100 rooms. This type of product could fill a niche that currently is underserved in the Coachella Valley. Demand for an upscale, highly amenitized resort hotel with approximately 250 rooms likely will not exist for another two to four years after the boutique hotel opens. The timing of this hotel will depend on what happens to visitor numbers and proposed projects throughout the valley. If one or more of the planned or approved hotel projects in La Quinta do not materialize, the likelihood of the market supporting hotels at The Ranch increases. Office/Light Industrial Real Estate The City of La Quinta Community Development Department estimated that there was nearly 540,000 square feet of built office space and 282,000 square feet of built warehousing and storage space in the city in 2001. Design Workshop predicts that another 470,000 to 630,000 square feet of commercial office, commercial park and light industrial space will 17 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA14 March 25, 2003 ECONOMIC DEVELOPMENT PLAN The Ranch RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 11 be demanded in La Quinta between now and the end of 2010. Space for these three real estate uses will occupy up to 40 acres of land. Both resort community growth and residential/worker community growth need the support of workers who occupy office and light industrial real estate; and future demand for commercial office, commercial park and light industrial space exists in La Quinta. The City can capitalize on its location in the middle of one of the highest growth areas in the Coachella Valley and become a central location in which businesses can locate to serve local and neighboring communities and take advantage of nearby Empowerment and Enterprise zones. Live/Work Housing Real Estate The live/work housing concept is gaining greater acceptance throughout California and across the country as city planners attempt to solve problems such as excess vacant land zoned as commercial or industrial, urban infill, urban sprawl, affordable housing, pollution and traffic congestion. Advocates of live/work housing suggest that it allows individuals to better manage the balance between work and home life and can create productive and healthy communities. There are a number of case studies of successful live/work housing projects, including ones in Santa Fe, New Mexico; San Francisco; Santa Rosa Beach, Florida; and Vancouver, British Columbia. At present, there are no live/work housing units in La Quinta. Artists, service workers and professionals may demand live/work housing by 2010 in the La Quinta Village District or at the La Quinta Arts Foundation campus on Washington Street. Live/work housing could be an effective buffer between the Village District and residential neighborhoods that surround the district, especially as village -centered developments such as Old Town La Quinta and Santa Rosa Plaza are built and expanded. In 2002, the City of La Quinta acquired The Ranch site from KSL Recreation, which consists of 525 acres on the southwest corner of Jefferson Street and 52"d Avenue. The primary objectives at the site are to provide public recreation — primarily golf — for residents and visitors and to create ongoing revenue streams, by way of sales taxes and transient occupancy taxes (TOT), for the city. To these ends, there are opportunities to add world -class golf, overnight visitor accommodations and destination retail that complement other retail developments in the city. 173 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 1.5 March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 12 The Village Core area should be the center of activity for the project and home to the golf clubhouse, a welcome/information center, hotels, retail, community space and parking. Its design should be pedestrian -friendly, oriented with views of the mountains and favorable solar exposure and have cohesive architecture. Contractual obligations and market limitations will dictate much of the development program in the first six to seven years, so market analysis, development strategy and phasing will be important throughout the project. As stated earlier, Design Workshop expects that The Ranch likely will support and benefit from having up to two hotels in the village core — one a highly amenitized resort hotel and the other an intimate boutique hotel. Given the uniqueness of the concept in the Coachella Valley and its limited scale, the market will support the boutique hotel sooner than the larger conference hotel, perhaps within the next two to four years. Retail/commercial spaces can be located in free-standing buildings throughout the village core, should contain at least one destination anchor tenant (food or goods) and can be integrated into the hotels and golf clubhouse. The goal of retail/commercial development at The Ranch is to complement the retail experience in La Quinta and not to compete with other destination retail such as the La Quinta Resort and Old Town La Quinta. In addition to strategically selecting tenants that are not located elsewhere in the city, there is an opportunity for retail at The Ranch to be themed or focused. Old Town La Quinta will have a Mexican village/Classic California theme, and possible ideas for The Ranch include a sports theme, a Hollywood theme or an international theme. With The Ranch project, the city has an opportunity to significantly enhance public recreation in the city, preserve much of the natural beauty of the community and benefit business owners throughout the city by elevating the entire community to a new level of quality and desirability. All the pieces can be combined to make La Quinta THE destination for east -central Coachella Valley residents and visitors, benefiting everyone who is committed to the common goal. Note: The aforementioned summary was derived from the March 2003 market study prepared by Design Workshop. Please review the entire market study for their complete market analysis. 174 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 16 March 25, 2003 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 13 Projected city/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During the 2003-04 fiscal year, the City anticipates having up to $24.55 million available to invest in non -infrastructure economic development and public golf course activities. Approximately $2.25 million will be available for economic development incentives, and $22.3 million to underwrite the development of a public golf course and related facilities. These funds are basically one-time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic development include The Ranch property owned by the Redevelopment Agency and the City's holdings located at the top of the Cove. Inhasbuctur+e Needsicky Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City is working to address the community's infrastructure needs through the Five -Year Capital Improvement Program. This program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program to ensure that the infrastructure impediments to specific economip development projects are addressed, or where possible, economic development project implementation activities mitigate site - specific capital improvement needs. 2 Based upon a total of 14,205 rooms in the Coachella Valley. 1 �7 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 17 March 25, 2003 ECONOMIC DEVELOPMENT PLAN Section 3- ZW443wWl"conomWDevel opment Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement the community formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit quality revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, and developers. 76 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 18 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 15 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Public Golf Course Development The Agency will proactively pursue the development of a golf resort that will avail tee times to La Quinta residents and resort guests. The golf courses will be designed to offer championship -quality play. Strike Team A City staff strike team will be maintained comprised of the City Manager's Office and Community Development Department. The Team will be responsible for: (1) working with local businesses to assist, where feasible, with their expansion needs, (2) actively recruiting developers/users to locate in La Quinta, (3) coordinating both the City and Redevelopment Agency economic development efforts, and (4) working with City staff to continually upgrade the City's community development, engineering and building inspection services. Business Retention/Expansion The Strike Team will work with the La Quinta Chamber of Commerce to identify and facilitate business development and expansion opportunities involving existing La Quinta businesses. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically diversify La Quinta's economic base to include a balance of retail, recreation, resort, and light manufacturing uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs for projects that enhance overall City development and growth. Further, assisted projects must feature enhanced design and landscaping amenities. In formulating project specific investment parameters, the City will incorporate enhanced building and site maintenance requirements to insure that these amenities are maintained for the life of the development. City/Agency Return on Investment For commercial, industrial, or resort developments that require City/Redevelopment Agency investment to insure their economic viability, ' the , 17 � ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA Li 9 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 16 City/Redevelopment Agency must achieve a minimum of a 15% to 18% cash on cash return, after City service costs are accounted for and by the third stabilized year of operation, in order to justify City/Redevelopment Agency investment. Further, City/Redevelopment Agency investment should be fully repaid within a 10-year period, with every attempt to achieve repayment within a 5- to 8-year period. Private Project Investment - Financial Need For commercial, industrial, or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency shall find that off -site infrastructure improvements and municipal fee costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regiona expansion of rail and air transportation services, Regional Airport, to support the transportation commercial, and other uses. Annexation Opportunities I agencies that facilitate the including the Desert Resorts needs of La Quintals resort, The City will respond to annexation opportunities as requested that are economically sustainable, enhance its economic future and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that enhance resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas and scenic vistas, and enhance equestrian opportunities. The City will also review potential impacts on current residents. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. I "s ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 20 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 17 Recreation Opportunities The City will develop a municipal golf course or other recreational uses that are compatible with surrounding neighborhoods. Further, efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so that residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to or through La Quinta. Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging and light industrial uses within the Highway 111 corridor to diversify the community's economic base. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the economic development plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Accomplishments During Fiscal Year 2002-03 The Business Plan presented in the 2002-03 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2003. Highway 111 Corridor ■ La Quinta Corporate Center. Acquired right-of-way at La Quinta Center Drive to facilitate access from this site to Highway 111. 1'73 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 21 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 18 ■ Miles/Washington Property. The Agency entered into an Exclusive Negotiation Agreement with California Intelligent Communities that initiated negotiations for hotel and hospitality uses on this property that are anchored by a medical center. A disposition and development agreement is currently being negotiated and entitlements to facilitate the medical uses are being processed. ■ Marketing Highway I I I Properties. City staff continued to work with Highway 111 property owners to jointly pursue marketing opportunities. This included promoting development opportunities at the International Council of Shopping Centers' Palm Springs Conference, working with property owners to address impediments to development, and facilitating development proposal entitlement needs. ■ One Eleven La Quinta Centre. Entered into a reuse agreement with Wal-Mart that facilitates the reuse of the Wal-Mart building with new retail uses. The City further approved development proposals to locate Ross Dress for Less. and Staples in this center. Additional accomplishments include: Washington Park. The City approved amendments to the existing Specific Plan that facilitates the development of a Target Department Store. The Village ■ Demonstration Streetscape. Completed the prototypical Village street theme for Calle Estado, including streetlights, new sidewalk, curb, and gutter, and street construction and restriping. ■ Commercial Property Improvement Program. In 2002-03, the Agency provided financial assistance to three properties for projects that included landscape improvements, parking improvements, and fagade enhancements. ■ Embassy Suites. The Agency entered into a Disposition and Development Agreement that facilitates the development of an Embassy Suites Hotel and associated casitas and retail uses. Additional accomplishments include: Civic Center Campus Phase I. The City completed the Civic Center Campus including the passive recreation, public art, a library site, and lake amenity improvements. ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 22 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 19 Annexation Feasibility ■ Trilogy Annexation. Processed an annexation involving three sections of land contiguous to the Coral Reef Mountains. Resort/Hospitality Opportunities Housing ■ The Ranch. Purchased 525 acres of land adjoining the Coral Reef Mountains and initiated planning activities to prepare a master development plan and development program. ■ La Quinta Housing Program. The Redevelopment Agency continued to implement the La Quinta Housing Program that funds second trust deed mortgages, residential rehabilitation loans, and the purchase of dilapidated dwellings. A total of 180 second trust deed loans were funded, allocated to low and moderate -income households. Further, the Agency facilitated the rehabilitation and reconstruction of 14 apartment units that will be affordable to moderate income households. The Agency also funded 10 residential rehabilitation loans that facilitated new roof, heating/air conditioning, exterior painting and landscaping improvements. ■ La Quinta Rental Housing Program. Sold two homes to existing occupants who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. ■ Avenue 48/Adams Street Development. The Redevelopment Agency concluded a Disposition and Development Agreement that will facilitate the development of 149 single-family homes affordable to moderate -income households aged 55 years and older. ■ Avenue 47/Adams Street Development. The Redevelopment Agency concluded a Disposition and Development Agreement with Southern Presbyterian Homes that assists with the development of 80 senior apartment units affordable to very low and low-income households. Marketing ■ Passport to Savings. This business retention program was in effect during the summer of 2002. It promoted local La Quinta businesses and offered residents discounts to 26 shops and restaurants. The program 181 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 23 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE ZO involved a passport book with discounts, and prizes such as dinners, golf and a cruise to Ensenada. ■ Television and Print Advertising. Two versions of the City's infomercial were produced —one aired locally with a "civic pride" message and the other aired in targeted markets and involved the traditional economic development infomercial. Additionally, various ads were prepared and placed in targeted publications highlighting economic development opportunities in the City and depicting the La Quinta "lifestyle." ■ Collateral Material. The production of new economic development collateral material was initiated upon completion of the City's new market study. New collateral pieces will include a presentation folder, informational brochures/one-pagers, and photography depicting the City's beauty and quality of life. ■ ICSC. The City participated in the annual International Council of Shopping Centers' (ICSC) Western Division Conference in Palm Springs (September 2002). The City had its economic development booth at the event and provided gifts, games, and valuable information as a way to promote La Quinta as a great place to do business. ■ Trade Shows/Business Events. The City made arrangements to participate and/or support the following events: East Valley Business Symposium, International Trade Outlook (hosted by the Coachella Valley Economic Partnership), and La Quinta Chamber of Commerce Expo. ■ Photo Library. A photo library was created using a variety of pictures of the City. Recently, a professional photographer was hired to take new beauty shots of the City. The new photos will be used for several economic development projects and to enhance the City's photo library. ■ Community Services. Advertised the Civic Center Campus dedication via postcards, flyers, special invitations, radio, and newspaper. ■ Filming. Advertised in the bi-annual Inland Empire Film Commission directory. La Quinta's world -class amenities were highlighted in an effort to attract filming to La Quinta. Additional accomplishments include: 184 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 24 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 21 Newsletter. The City produced its first newsletter, which was mailed to La Quinta residents, in early October 2002. It featured articles on the City's financial structure, challenges facing the City, economic development activities, community services projects, public safety needs, and the Ranch project. ■ Calendar. Production of a City calendar was initiated. The calendar will feature "the best of La Quinta" such as City Hall, the new Civic Center Campus, and some of La Quinta's best golf courses. Community events such as the community picnic and the tree -lighting ceremony will also be featured. 2003-041mplementation Activities and Target Areas The following initiatives will be pursued during the 2003-04 fiscal year. It should be noted that the City has accomplished many economic development initiatives within the Highway 111 corridor that have attracted major anchor retailers. The goal for 2003-04 is to secure an additional major anchor tenant for the eastern section of the Highway 111 corridor to capture retail demand in this area. If this is accomplished, the Redevelopment Agency can then diminish its role to stimulate economic development in the Highway 111 corridor and let the private market, with major traffic and demand generators in place, complete the build out of this corridor. A prime focus of the economic development efforts will be to facilitate the development of the first golf course on The Ranch, and to market this property to resort, hotel and hospitality developers and users. Highway 111 Corridor Activities to Accomplish in • Continue to market La Quinta development 2003-04: opportunities to regional, hotel and family restaurant/entertainment developers and operators in conjunction with property owners. • Conclude a disposition and development agreement that leads to hotel, restaurant, medical office and residential development on the Miles/Washington property. • Facilitate the reuse of the Wal-Mart building at One Eleven La Quinta Center by securing a major anchor tenant for the existing Wal-Mart building. -1 � 3 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 2 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 22 The Village Activities to Accomplish in *Analyze public parking facilities to identify 2003-04: additional parking improvements that may be needed. • Continue to explore live/work loft housing opportunities. Annexation Feasibility Activities to Accomplish in *Continue to discuss potential annexation 2003-04: opportunities with affected residents and landowners, and review the potential impacts on current services and financial resources. Resort/Hospitality Opportunities Activities to Accomplish in . Complete The Ranch Master Planning 2003-04: activities, retain a golf architect, and complete the design of the first golf course, driving range and temporary clubhouse; and begin construction of Phase I development. • Market The Ranch's resort site opportunities. • Solicit. proposals from landowners and developers to jointly develop additional resort and hospitality uses. Housing Activities to Accomplish in Conclude an affordable housing agreement 2003-04: for the development of the Agency's Miles Avenue and Washington Street property. • Purchase and reserve property for future affordable housing development. .I�4 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 26 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 23 • Identify residential rehabilitation opportunities wherein the Agency would acquire and rehabilitate existing residential units and reserve them for affordable housing. • Purchase dilapidated units in the Cove and initiate rehabilitation/reconstruction activities. • Sell additional units in the La Quinta Housing Program to very low-income households. Marketing Activities to Accomplish in • Update the two versions (local and out-of- 2003-04: market) of the infomercial using the same introductions and footage, updating interviews, making minor modifications to the scripts and voiceovers, and obtaining footage of new City amenities. • Advertise in the trade publications that reach retail/restaurant developers and business owners; and continue advertising in local publications such as the Bob Hope Chrysler Classic Program Guide the October issue of Palm Springs Life (Desert Cities Progress Issue). • Continue to participate in the International Council of Shopping Centers' Western Division Conference in Palm Springs via the City's economic development booth and the new collateral material. • Produce a second annual newsletter for distribution to La Quinta residents. Articles may feature: new economic development projects, the benefits of commercial growth, new City facilities and/or amenities, and information on City funding and expenses. • Create a 2004-05 City calendar (to be mailed to La Quinta residents) featuring La Quinta's beauty and lifestyle, and presenting 185 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA 27 March 25, 2003 ECONOMIC DEVELOPMENT PLAN IMPLEMENTATION POLICIES, ACCOMPLISHMENTS AND NEW INITIATIVES PAGE 24 informational bits about the City (e.g., historical facts, key dates, important events). • Maximize exposure for events such as the City Picnic and other community -oriented events. • Develop three to four different banner designs to be displayed in key economic development corridors throughout the City (from November through May). 1136 ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA March 25, 2003 ECONOMIC DEVELOPMENT PLAN Exhibit A---i 2003-W EcAxnornic Deimmlopment Plan Strategies and Tasks to Stimulate Private Investment in La Quints (This map is currently being updated, and will be included in the final Plan.) 1 S'; ROSENOW SPEVACEK GROUP, INC. CITY OF LA QUINTA� March 25, 2003 ECONOMIC DEVELOPMENT PLAN i •c .. Incov� � {�.G44 Tit, 4 Y711�/ C 0 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Discussion of the Draft Capital Improvement Program (CIP) for Fiscal Year 2003- 2004 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 13 PUBLIC HEARING: Make appropriate revisions to the draft Fiscal Year 2003-2004 through 2007-2008 CIP and direct staff to make necessary revisions. The revised draft CIP will be submitted to the City Council for consideration and approval at the May 20, 2002 meeting. FISCAL IMPLICATIONS: This is an informational report only. Once the CIP is adopted, the Fiscal Year 2003- 2004 projects will be incorporated into the annual budget. The CIP was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated collections of Development Impact Fees (500 units per year) . CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: A copy of the draft CIP is presented to the City Council for review. This document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Departments of Public Works, Finance, Building and Safety, Community Services, and Community Development, and the City Clerk. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an 1�3 accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and the timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The first year of the CIP is titled the Capital Budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City Operating Budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the five-year program is desirable for the effective implementation of the City's goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long-term, annual basis. In this sense they are differentiated from Maintenance and Operation (M&O) expenditures for normal City operation. They include design, inspection, testing, project administration, land and/or right-of-way acquisition, construction or modification of buildings or facilities, and public infrastructure construction or modification. Fiscal Year 2003/2004 through 2007/2008 CIP includes a listing of projects by fiscal year priority and type of improvement. The fiscal year a project is scheduled depends on the availability of specific funding sources, operation and program needs, and prior City Council policy. Projects include street, drainage, traffic signals, sound walls, landscaping and lighting, city facilities, and park improvements. Only those projects that have identified funding sources in the five-year period are listed within a fiscal year. Those projects that are designated as "additional" or "unassigned Development Impact Fee (DIF)" do not have identified funding sources through the term of the five-year program or, in the case of DIF funded projects, a long-term collection period is required to develop the specified project. The identification of additional and/or alternative funding sources will be addressed during the annual review and approval of subsequent CIPs. Each project is described in brief detail including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project and an estimate of the annual M&O costs associated with the capital improvement. 183 2 S:\CITYMGR\STAFF REPORTS ONLY\4-1-03\AIPF 18.DOC The completion of any specific capital improvement project may have a direct impact on the M&O budgets of the General Fund and other funds. An estimate of these future costs is necessary to assess whether there is financial capacity of the operating budget to cover these ongoing costs. All project costs included in the CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Years 2004/2005 through 2007/2008. The 2002/2003 CIP identified $57,684,012 in capital improvement projects. All 2002/2003 projects are either completed, are currently in the design or construction stage, or have contracts that will be awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2002/2003 Project Status Report," which lists: one 1996/1997 project carried -over, one 1996/1997 project completed, three 1999/2000 projects completed, one 1999/2000 project underway, seven 2000/2001 projects underway, one 2000/2001 project completed, one 2001 /2002 project completed, five 2001 /2002 projects underway, and thirteen 2002/2003 projects underway. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all approved CIP projects. During the Mid -Year budget review, presented to the City Council on February 18, 2003, staff recommended several adjustments to the CIP. These recommendations included: PROJECT NUMBER 200207 THE RANCH (MUNICIPAL GOLF COURSE) That the City conclude the Master Planning efforts within the designated time frame (May 2003) and initiate activities that facilitate construction activities in 2004. Reserve $19.0 million of Project No. 1 Capital Projects unencumbered fund balance (in addition to the $3.4 million appropriated in the 2002/2003 Redevelopment Agency budget) for required professional services and construction activities. GENERAL FUND LOAN That the City loan $6.0 million to Redevelopment Project Area No. 1 in order to fund library construction ($4.3 million), the La Fonda Street improvements ($767,000) and the design of the future Eisenhower Drive bridge improvements ($886,550). These General Fund loans would encompass revenue that remains after the Emergency Cash Flow reserves. 191' 3 S:\CITYMGR\STAFF REPORTS ONLY\4-1-03\AIPF 18.DOC PROJECT NUMBER AD02 MUSEUM EXPANSION That the Museum Expansion improvements be delayed to a future year. The cost to expand the museum is estimated at $1.8 million. This cost was to be funded from Project Area No. 1 Capital Project funds. Given the anticipated State revenue shifts, combined with the need to generate new local revenue resources through developing The Ranch, the museum expansion has been deferred to a future year until the State deficit impacts are better understood. PROJECT NUMBERS 200301 AND 200302 HIGHWAY 111 IMPROVEMENTS The Coachella Valley Association of Governments (CVAG) is currently establishing funding priorities for Measure "A" eligible projects involving Highway 111. The City of La Quinta has requested that CVAG allocate up to $2,493,534 of available Measure "A" revenue toward the ultimate improvements of several Highway 111 roadway segments. The city's requested priorities encompass: 1) Simon Drive to Adams Street - $31 1,644; 2) Adams Street to Jefferson Street - $1,860,635; and 3) the west City limit to Washington Street - $321,255. CVAG intends to fund 100% of these improvements between fiscal years 2003-2004 and 2008-2009. The City's first priority project was allocated to receive funding during Fiscal Year 2002/03 and is now in the design phase. The Fiscal Year 2003/2004 proposes $23,105,585 in capital improvement projects. There are a total of thirteen projects identified for this fiscal year. Project Number 199613-Washington Street/1-10 Interchange Improvements and Project Number 200101-Auto Mall Improvements are recurring long-term commitments. Two other projects are recurring as part of a long-term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. There are nine new or secondary phased projects proposed to complete the remainder of the 2003/2004 CIP. Fiscal Year 2004/2005 proposes $3,386,572 in expenditures for capital improvements. There are eight projects identified. Two of the listed projects capture the Measure "A" revenue currently being project for Highway 1 1 1. These projects include: 191 4 S:\CITYMGR\STAFF REPORTS ONLY\4-1-03\AIPF 18.DOC Project Number 200301, Highway 1 1 1 Street Improvements (Adams to Jefferson) Project Number 200302, Highway 111 Street Improvements (West City Limit to Washington) The final three years of the proposed CIP identifies the four previously listed recurring projects that maintain expenditures of $283,454 for each year and the two new Highway 1 1 1 Street Improvements. There are sixty-one Add Projects identified under the current CIP Additional Projects (Add Projects) list that are not scheduled within the next five years. The costs associated with the implementation of these projects are estimated at $58,710,964. These projects include the following delayed projects: AD01 City Hall Expansion (Construction Phase) AD02 Museum Expansion (Construction Phase) AD59 Traffic Signal (Calle Tampico/Civic Center Driveway) AD60 Traffic Signal (Washington St./Sagebrush Lane) Please refer to the detail sheets located under the Additional Projects tab at the back of the CIP binder for additional information regarding these newly added projects. The following assumptions should be taken into account when reviewing the CIP: 1. The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. 2. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscape District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing landscape maintenance activities until such time that other revenue sources are available. 19� N 5 S:\CITYMGR\STAFF REPORTS ONLY\4-1-03\AIPF 18.DOC The City Council's review of the draft Fiscal Year 2003/2004 CIP will enable City staff to complete the final CIP for public review. Pursuant to Government Code Section 66002, the City Council is required to schedule a public hearing on the CIP and consider its adoption at a subsequent regular meeting. Upon its adoption, the 2003/2004 CIP will be incorporated into the City's Fiscal Year 2003/2004 Budget. Respectfully submitted, Timothy o asson, P.E. Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment 1. Five -Year Capital Improvement Program 193 C.1 REPORT/INFORMATIONAL ITEM: AP INVESTMENT ADVISORY BOARD Meeting February 12, 2003 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Vice Chairman Olander, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, Lewis and Mortenson ABSENT: Chairman Mahfoud and Board Member Felice OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA - (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR Approval of Minutes of Meeting on February 12, 2003 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Lewis to approve the Minutes of February 12, 2003. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for December 2002 In response to Board Member Lewis, Mr. Falconer advised the Board that the Treasury Bills were for a six-month period, from the $29 million bond issue of June 2002, which matured in December 2002 and were rolled them over until June 2003. Mr. Falconer also advised the Board that on Page 005, that the interest went from 1.72% to 1.24%. 134 Investment Advisory Board Minutes February 12, 2003 Board Member Olander advised the Board, referencing the City Council Meeting Minutes dated January 21', that currently LAIF is at 20%, with 15% outstanding, and that Council Member Perkins is more concerned than ever about the City's LAIF investments. Board Member Olander also advised the Board of Council Members Osborne's comments in the minutes, which read that "out of the $49 billion of LAIF Funds (PMIA) only $28 to $29 billion represent amounts held for municipalities", which none of these amounts can be loaned to the state. The Investment Advisory Board is pushing to get a breakdown of where the cities' portions are invested. Board Member Moulin asked the Board if this request was being fulfilled. Mr. Falconer advised the Board that Council Member Osborne's desire was to be able tell the Council Members where the portions of the City's monies are being invested and how they are being invested. Mr. Falconer advised the Board that they would not be able to obtain this information due to the fact that the money invested in LAIF is pooled cash, which is one big portfolio consisting of LAIF member and state agencies. Board Member Mortenson asked the Board what is Council Member Perkin's concern. Board Member Lewis replied to the Board that LAIF has been an issue with several members of the Council and Investment Advisory Board due to the fact that some of the investments in LAIF are not permissible under the City's investment policy and concerns of whether or not what LAIF does with the money are safe and proven investments. One of the areas of concern for him is the CD's that are purchased. On the surface, it appears that the CD's have more of a political nature than an investment nature. Board Member Olander replied to the Board that as in the past, perhaps the legislature would begin to tap the fund to the detriment of LAIF. Board Member Olander also advised the Board that these funds are guaranteed by the State of California and are not now accessible. Board Member Lewis advised the Board that the other concern was the loan issue, which is not a permissible use of the LAIF funds with the PMIA. Board Member Olander stated to the Board that he believes the concerns of the Council Members may be personal feelings of the past. Board Member Moulin asked the Board who the loans are made to. Mr. Falconer advised the Board that the Treasurers office maintains a list of funds that are borrowable; the LAIF funds are not borrrowable. 2 19PW- Investment Advisory Board Minutes February 12, 2003 As an example, if the construction of a prison starts before they go out to bond, they need some cash. The State uses the PMIA pool for seed money; they then issue the bonds and use the proceeds from the bonds to repay the loan. MOTION — It was moved by Board Members Lewis/Mortenson to review, receive and file the Treasurer's Report December 2002. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — January 2003 Board Member Moulin advised the Board that the comparison from the Month End Cash report to LAIF indicates the differences between the two, and also indicates that the loans have doubled, the treasuries went down and so have the agencies; it has shifted out of treasuries into loans. Mr. Falconer advised the Board that if it's $5 billion, he would have to call the Treasurer's office and report back to the Board. Board Member Lewis asked Mr. Falconer if he would call and inquire. Board Member Olander commented to the Board that it looks like LAIF's increase has gone into federal agency discount notes. Board Member Lewis commented to the Board that looking at the maturities and other areas in LAIF, that the yield might come down. Board Member Moulin advised the Board that looking at the Cash Flow report for December , there was an extra amount of revenue coming in for permits, which is a positive sign for the City. In response to Board Member Olander, Mr. Falconer advised the Board that the City has what is called the Developer Impact Fee, fees based on new construction, which are a better indicator than building permits, due to the fact some of the building permits issued are remodels and/or repairs. Mr. Falconer informed the Board that January was the biggest month the City has had in several years. There haven't been too many commercial building permits issued. Noted and Filed B. Pooled Money Investment Board Report - October 2002 Investment Advisory Board Minutes February 12, 2003 Board Member Moulin asked the Board why they thought the fund has grown. Mr. Falconer replied that he had spoken Eileen Parks; Ms. Parks stated that were was a large infusion of funds received and Mr. Falconer thought they were from tobacco funds. Board Member Lewis advised the Board that he thought the State issued tobacco bonds, which are bonds that are anticipated to be paid off by settlements in tobacco cases. This is money being spent before it is received, in anticipation that the state is going to win and receive the land fall money. Board Member Moulin asked if they were a revenue bond. Board Member Lewis replied that they were 4 3/4 and tax free revenue bond. Board Member Olander asked the Board if they had any concerns about commercial paper, currently at 22.8% of the portfolio. He commented that considering the current status of the economic state of California and the possibility of war, the. City's portfolio is in good shape. Board Members Moulin and Mortenson agreed. Board Member Lewis suggested to the Board that the issue of a five or seven man board should be determined by the City Council, and that the policy read that the board will be comprised of five or seven members, with the number to be set by City Council for each fiscal year, rather than have the seats remain empty. Board Member Olander stated that .he read in the Council meeting minutes that the Council decided to keep the current seat vacant and there would be some consideration of a five man board. In response to Board Member Olander, Board Member Mortenson commented to the Board that it depends on the function of the Board and what the Board can and cannot do. Board Member Mortenson also commented to the Board that this Board is pretty structured, has relative tight confines and has limited power, so a seven person board might not be needed. In response to Board Member Olander, Mr. Falconer advised the Board that the Investment Advisory Board is the only Board that has seven members. Noted and Filed VII BOARD MEMBER ITEMS Board Member Moulin asked the Board if the efforts have been completed for the work plan for next year, and that there were three issues. Mr. Falconer replied that the month of March is when these items are discussed. -19 4 Investment Advisory Board Minutes February 12, 2003 VIII ADJOURNMENT MOTION - It was moved by Board Members Lewis/Moulin to adjourn the meeting at 6:00 p.m. Motion carried unanimously. Submi y, Vianka Orrantia Secretary 193 DEPARTMENT REPORT: 3�- A APRIL 1 APRIL 15 APRIL 25 APRIL 26 MAY 6 MAY 20 JUNE 3 JUNE 17 JULY 1 JULY 15 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CULTURAL ARTS SPRING EVENT LA QUINTA CITY PICNIC CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 199 April 2003 La Quinta City Council Monthly Planner 1 2 3 4 5 2:00 PM City Council 10:00 AM ALRC March Meeting S MT W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM EnergylEnvi- Abate.-Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Daylight Saving Time Commission Advisory Board Commission Begins 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp.- Perkins 6:00 PM League - Henderson 7:00 PM Cam. Serv. Comm. 20 21 22 23 24 25 26 Easter 7:00 PM Planning Commission 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- 9:00 AM LAFCO- Henderson 4:00 PM - NWW 7:00 PM City Picnic Soap Box Derby Osborne DRRA Open House Cultural Arts Spring Event 27 28 29 30 'r 6:00 PM CVAG-Exec 12:00 PM CVAG Human/ r Cam -Adolph Comm -Osborne May S MT W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 3/26/2003 May 2003 La Quinta City Council Monthly Planner 1 2 3 12:00 PM Mayors 9:00 AM - 4:00 PM April June Lunch SJSR Ntl. Monument - S MT W T F S S M T W T F S Henderson 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Happy 21 st Birthday La 27 28 29 30 29 30 Quinta 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Commission 11 12 13, 14 15 16 17 Mother's Day 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- 7:00 PM Mosquito Abate. -Perkins 9:00 AM RCTC- Henderson 3:00 PM Historic Preser- vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp.- Commission Advisory Board Armed Forces Day Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 25 26 27 28 29 30 31 7:00 PM Planning 12:00 PM CVAG Human/ IL Commission Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Memorial Day (CITY Osborne HALL CLOSED) Printed by Calendar Creator Plus on 3/26/2003 �; June 2003 La Quinta City Council Monthly Planner Sunday 1 2 3 4 5 6 7 2:00 PM City Council 10:00 AM ALRC Meeting 8 9 10 11 12 13 14 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Flag Day 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp.- Commission Advisory Board Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 15 16 17 18 19 20 21 Father's Day 9:00 AM CVA-Henderson 2:00 PM City Council 3:00 PM Historic Preser- vation Commission Meeting 1st Day of Summer 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm-Osbome Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 29 30 6:00 PM CVAG-Exec Com-Adolph May July' , S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 '; „1, 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31` Printed by Calendar Creator Plus on 3/26/2003 40 T 0 44 4ht 4 a" COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Continued Public Hearing to Consider and Act on an Appeal of the Planning Commission's Decision of January 28, 2003, to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact (EA 2002-460) and Approve Site Development Permit 2002-753, Subject to Findings and Conditions to Allow a 14,560 Square Foot Drug and Retail Store on a 4.03 Acre Site, Located at the Northeast Corner of Washington Street and Avenue 48. Appellant: Rancho La Quinta Homeowners' Association. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council upholding the Planning Commission's decision of January 28, 2003, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, and approving a Site Development Permit for development plans of a 14,560 square foot drug and retail store on a 4.03 acre site. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At its January 28, 2003 meeting, the Planning Commission voted 4-0 (one Commissioner absent), to adopt Resolution Nos. 2003-003, and 004, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, and approving Site Development Permit 2002-753, respectively, to allow the construction of a 14,560 square foot drug and retail store on a 4.03 acre site located at the northeast corner of Washington Street and Avenue 48. On February 4, 2003 the Rancho La Quinta Homeowners' Association ("Appellants") filed an appeal of the Planning Commission's decision on the project. In summary, the appellants have expressed concerns that include compatibility of land uses, traffic, noise, air quality, an over concentration of drug stores in the area, lighting, crime, hours of operation, signage, and deliveries. At the March 4, 2003 meeting, the City Council heard testimony. After discussion among the Council Members it was suggested that an alternative site plan be designed and brought back for consideration on April 1, 2003. The City Council meeting minutes are attached (Attachment 1). The applicant has redesigned the site and has submitted an alternative (Attachment 2). In addition, the Appellant has submitted a letter regarding the alternative design (Attachment 3). The following is an analysis of the alternative for consideration by the City Council. Location: The building was located approximately 65 feet north of Avenue 48, and approximately 150 feet.east of Washington Street. Under the alternative, the building is located approximately 160 feet north of Avenue 48, and approximately 103 feet east of Washington Street. The remainder of the site design is conceptual only and includes three other buildings with parking. There is no guarantee that this is what will be proposed in the future but it gives an illustration of what could be proposed in relation to the Walgreens building. The remainder of the site will have to go through the proper entitlement process at which time more details will be provided. Landscaping: The Zoning Code requires landscape setbacks, which include twenty (20) feet from Washington Street and Avenue 48 and ten (10) feet from Caleo Bay. The existing retention areas along Washington Street and Avenue 48 provide the required landscape setbacks. Initially, the applicant provided an additional twenty (20) feet along Washington Street and Avenue 48 for landscaping. Under the alternative plan, the applicant has provided the same landscape area along Washington Street and has reduced the landscaping area by ten (10) feet along Avenue 48, from forty (40) feet to thirty (30) feet. This was done to accommodate the potential future parking for the site. The landscape setback on Caleo Bay remains the same under both scenarios. The conceptual landscape plan for the site consists of a wide variety of trees, shrubs and ground covers that will provide visual relief, compliment the buildings and provide an overall design that is prevalent throughout the City. 2 Elevations: The building elevations have not changed. The building height remains the same and complies with the Zoning Code development standards. The alternative building is within the 150 foot image corridor setback, however, it still maintains a 22 foot height, which is the height limit allowed within the 150 foot setback area. The architectural tower located at the southwest corner of the building is proposed at thirty one feet. Architectural features, such as the tower, are allowed to exceed the 22 foot height limit, up to fifteen feet above the maximum structure height. Parking: The original design calls for parking on the west and south sides only, as opposed to the alternative design, which has parking on three sides of the building. The proposed use is required to have seventy-three (73) parking spaces. The original design provided for ninety-one (91) spaces. The alternative design provides for eighty (80) parking spaces. Note that the balance of parking spaces shown on the site plan are conceptual only and are not included in the analysis. In addition, the applicant still proposes a three (3) foot high block wall along Washington. Street and Avenue 48 to help screen the parking lot from public view. Access: Access to the site would still have three entrances/exits. The access point on Washington Street will be required to be located entirely on the Walgreens property. If in the future the property to the north develops, Walgreens will be required to provide an access easement to that property. The access point on Caleo Bay has not changed from the original proposal. The access point on Avenue 48 has been moved approximately forty five (45) feet to the west from the original proposal. This access point remains consistent with the General Plan requirement of at least 250 feet between curb returns for access points. This allows for a better flow of traffic within the parking area. A Condition was placed on the project by the Planning Commission requiring a right-of- way street dedication to expand Washington Street from a Major Arterial to a Augmented Major Arterial, consistent with the General Plan designation. In the event that the street dedication is not required, the Condition has been expanded by staff to require the applicant to dedicate right-of-way and construct a deceleration lane into the property. Lighting: The lighting standards for the site remain the same with exception of the height. The original proposal to the Planning Commission was a twenty two (22) foot high standard. The Planning Commission required that the lighting fixtures be reduced to eighteen (18) feet. The original and alternative proposals each provide fourteen 0 4) light fixtures within the parking lot. 51 Public Notice: No additional notice was required for this since it was continued from the March 4, 2003, City Council meeting. Additional letters have come in after the March 4, 2003, City Council hearing and are attached (Attachment 4). Any additional written comments received will be handed out at the April 1, 2003 meeting. FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained in the attached Resolutions. Alternatives available to the City Council include: 1. Adopt a Resolution of the City Council upholding the Planning Commission's decision of January 28, 2003, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, prepared for Site Development Permit 2002-753; and approving a Site Development Permit for development plans of a 14,560 square foot drug and retail store on a 4.03 acre site; or 2. Adopt a Resolution of the City Council upholding the Planning Commission's decision of January 28, 2003, with modifications, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-460, prepared for Site Development Permit 2002-753; and approving a Site Development Permit for development plans of a 14,560 square foot drug and retail store on a 4.03 acre site; or 3. Direct staff to draft a Resolution of the City Council upholding the Appeal, therefore, denying the Planning Commission's decision of January 28, 2003, certifying a Mitigated Negative. Declaration of environmental impact for Environmental Assessment 2002-460 prepared for Site Development Permit 2002-753; and approving a Site Development Permit for development plans of a 14,560 square foot drug and retail store on a 4.03 acres site; or 4. Provide staff with alternative direction. Respectfully submitted, He� rmdn, Community Development Director Approved for submission by: - a_�4k Mark Weiss, Assistant City Manager Attachments: 1. March 4, 2003, City Council meeting minutes 2. Proposed Site Plan 3. Letter from the Appellant 4. Letters from surrounding property owners RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-460 AND APPROVING SITE DEVELOPMENT PERMIT 2002-753 FOR A SINGLE -STORY, 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03 ACRE SITE. CASE NOS.: ENVIRONMENTAL ASSESSMENT 2002-460 SITE DEVELOPMENT PERMIT 2002-753 LOCATION: (APN: 643-200-001) APPLICANT: EVERGREEN DEVCO APPELLANT: RANCHO LA QUINTA HOMEOWNERS' ASSOCIATION WHEREAS, the Planning Commission of the City of La Quinta, California, on the 28th day of January, 2003 held a duly noticed Public Hearing to consider Environmental Assessment 2002-460 and Site Development Permit 2002-753 to allow a single -story, 14,560 square foot drug and retail store, generally located at the northeast corner of Washington Street and Avenue 48, and did adopt Resolution Nos. 2003-003 and 2003-004 (the "Planning Commission's Decision") at the conclusion of the hearing; and WHEREAS, on the 4t' day of February, 2003, an appeal was filed by Rancho La Quinta Homeowners' Association on the Planning Commission's Decision; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 4tn day of March, 2003 hold a duly noticed Public Hearing to consider the appeal of Planning Commission's Decision and continued the item to the April 1, 2003 meeting to allow the applicant time to develop an alternative site plan; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 1 gt day of April, 2003 hold a duly noticed Public Hearing to consider the appeal of Planning Commission's Decision; and � �� %a City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: April 1, 2003 WHEREAS, the City Council has determined that said Environmental Assessment has complied with the requirements of the California Environmental Quality Act in that the Community Development Department has prepared an Initial Study (EA 2002-460) and has determined that although the proposed project 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 Environmental Assessment, and therefore, 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 make the following findings to justify certifying said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2002-460. 2. The proposed project 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 in that mitigation measures are imposed on the project that will reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: April 1, 2003 5. The proposed project will not result in impacts that 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 project 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 in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2002-460 and said Assessment reflects the independent judgment of the City Council. 9. The City Council 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, 92253. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed project as proposed is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the Community Commercial Land Use designation. 210 p City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: April 1, 2003 2. Consistency with the Zoning Code: The proposed project is consistent with the development standards of the Regional Commercial Zoning District, including but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA) : The proposed project is consistent with the requirements of CEQA, in that Environmental Assessment 2002-460 was prepared for this project with a recommendation for certification of a Mitigated Negative Declaration of Environmental Impact. 4. Architectural Design: The architectural design of the proposed building, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development and with the quality of design prevalent in the City, in that it lacks the bulky mass of a commercial building due to the articulation, stucco exterior finish, desert tone colors, tile and flat roofs; the proposed building is adequately set back with architectural variations so as to minimize the appearance of a large structural mass. 5. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with surrounding development and quality of design prevalent in the City in that the proposed project meets the development standards of the City's Zoning Code. 6. Landscape Design: The landscaping plan for the proposed project, including but not limited to, the location, type, size, and coverage of plant materials, has been designed to provide visual relief, complement the building, screen undesirable views and provide an overall unifying influence to enhance the visual appearance of the project. The proposed landscaping is compatible with the surrounding area in that the variety of trees, shrubs and ground covers provide an aesthetically pleasing and well functioning use of landscaping space. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: April 1, 2003 1. The Planning Commission's Decision is hereby sustained. 2. The above recitations are true and correct and constitute the findings of the City Council. 3. Environmental Assessment 2002-460 is hereby certified 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 and attached hereto. 4. Environmental Assessment 2002-460 reflects the independent judgment of the City. 5. Site Development Permit 2002-753 is hereby approved for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 ` day of April, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California 01r) 4 i, 10 City Council Resolution 2003- Environmental Assessment 2002-460 Site Development Permit 2003-753 Adopted: April 1, 2003 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 213 11 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 GENERAL 1. The use of this site shall be in conformance with the approved exhibits contained in Site Development Permit 2002-753 unless otherwise amended by the following conditions. The remainder of the site shall remain vacant until such time that other development proposals are submitted. At that time a separate permit(s) will be required for the development of the remainder of the site with approval by the Planning Commission and/or City Council. 2. All public agency letters received for this case are made part of the case file documents for plan checking processes. 3. This approved Site Development Permit shall be used within two years of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080 (D). 4. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 5. The hours of operation for the project, including the drive-thru, shall be from 7:00 a.m. to 10:00 p.m., seven days a week. 6. There shall be no storage or sales of alcoholic beverages on the premises. 7. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) 42 14 Waste Management of the Desert 12 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 8. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ . A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this Site Development Permit. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practice ("BMPs"), 8.70.020 (Definitions), LQMC: 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. ry 1 13 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 PROPERTY RIGHTS 9. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services, and for the maintenance, construction and reconstruction of essential improvements. 10. Unless the ultimate developed right-of-way can be documented, the public street right- of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street - Additional right-of-way shall be acquired and dedicated as follows: a. If the pending General Plan Amendment that proposes to change the street classification of Washing ton Street from an Augmented Arterial to a Major Arterial is approved by the City Council, the right of way dedication shall consist of providing additional right of way to accommodate a deceleration/right turn only lane. The right of way dedication shall be 12 feet wide and 150 long, plus a variable width dedication of an additional 90 feet to accommodate the curb transition. b. If the pending General Plan Amendment is not approved, the right of way dedication shall be 6 feet wide across the entire frontage of the subject development site plus the standard corner cutback at the Avenue 48 intersection. The applicant shall make a good faith effort to acquire the needed right-of-way from the existing property owner. As a minimum, the applicant shall offer a land for land exchange by offering to replace the acquired strip from the west side of the landscape lot with an equal size strip added to the east side of the landscape lot. If the applicant is unable to acquire the needed right of way, the applicant shall request the City Council to consider acquiring the right of way via eminent domain at the applicant's expense. 2) Avenue 48 - None required. 3) Caleo Bay - None required. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 11. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street — The applicant shall supplement the landscaped setback lot as needed to reflect the new right of way configuration. The reconfigured setback shall be 20 feet in all locations adjacent to the reconfigured right of way. B. Avenue 48 - None required. C. Caleo Bay - 10 feet from the street right-of-way . The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, bus turn out, and common areas shown on the Site Development Permit. 13. Direct vehicular access to Washington street, Avenue 48, and Caleo Bay from any portion of the site from frontage along Washington Street, Avenue 48, and Caleo Bay are restricted, except for those access points identified on the site plan for this project, or as otherwise conditioned in these conditions of approval. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, ingress/egress, or other encroachments will occur. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Site Development Permit and the date of final acceptance of the on -site and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 16. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 017 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 15 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 A. Striping Plan on Caleo Bay 1 " = 40' Horizontal B. Perimeter Landscape Plan on Caleo Bay 1 " = 20' Horizontal C. Site Development Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements for parking stalls and access to the building; and show the existing street improvements out to at least the center lines of adjacent existing streets. 17. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 18. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as-buit conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. GRADING 19. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 013 is P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 20. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 21. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ( soils ) report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 22. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 23. Grading within perimeter setback and parkway areas shall have undulating terrain and shall conform to LQMC 9.60.240(F). The maximum slope shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first 6 feet adjacent to the curb in the right of way. 24. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 25. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the approved site plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 4.1,E 1'7 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 26. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. DRAINAGE 28. Stormwater shall be directed to the approved drainage system for Tract 24230/Tract 26152 (Lake La Quinta). Nuisance flows from the subject SDP 2002-753 shall be accommodated on site through an acceptable system. The applicant shall demonstrate that there is sufficient capacity in the existing system to accept the design run off from the proposed project. If the existing system is not capable to carry any or all of the developed run off from this development, the applicant shall retain the incremental difference on site. 29. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. The parking lot drainage may not be directed to the existing retention basin in the Washington Street parkway unless it can be demonstrated to the satisfaction of the City Engineer that the basin was sized to accommodate the run off from the developed property as well as the run off from Washington Street. 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 31. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 33. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 35. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. A. Washington Street - If the pending General Pan amendment that proposes to change the street classification of Washington Street from an augmented major arterial to a major arterial is approved by the City Council, a deceleration/right turn only lane shall be constructed. The turn lane shall be 12 feet wide and 150 feet long, plus a variable width transition for an additional 90 feet. The existing retention basin shall be relocated and reconstructed as needed to accommodate the turn lane. If the general Plan Amendment is not approved, no additional street widening improvements are needed at this time. P:\Martin\SDP 02-753 Wal reen's\C C Appeal\CCSDP 02-753 COA.wpd 19 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 PARKING LOTS and ACCESS POINTS 37. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 38. General access points and turning movements of traffic are limited to the following: B. Primary Entry: (Washington Street) shared access located approximately 320 feet north of Avenue 48. This driveway shall be a shared access drive with the adjacent landowner to the north and shall be centered on the northerly property line to reduce access points and turning movements off of, and onto, Washington Street. This driveway shall have right in/right out turning movements only. Reasonable cooperation by the adjacent landowner does include granting of reciprocal cross -access easements between the two landowners that facilitate construction of improvements necessary to implement the shared access concept on both properties in a manner that precludes unnecessary reconstruction of the improvements in the future. If after making a good faith effort to acquire the reciprocal access easement from the adjacent landowner, the applicant is unable to establish the needed access rights to center the driveway on the property line, then the applicant may install the driveway entirely on the applicant's property immediately south of the north property line. C. Secondary Entry: (Avenue 48) located approximately 330 feet east of Washington Street shall have right in/right out turning movements only. D. Additional Entry: (Caleo Bay) located approximately 220 feet north of Avenue 48, and approximately 110 feet south of the north property line. This driveway may have full right in/right out and left in/left out turning movements. The applicant shall re -stripe portions of Caleo Bay to accommodate the two way left turn lane at the driveway. Signing and striping plans which detail the two way left turn lane and centerline striping shall be submitted to the Engineering Department for approval. 20 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 39. Pursuant to Section 9.150.080(A)(8)(b) (Parking), LQMC, the applicant shall provide 30-foot uninterrupted driveway throats into the parking lot. CONSTRUCTION 40. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. LANDSCAPING AND LIGHTING 41. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 42. The perimeter landscaping for the project shall be consistent with what is existing in the immediate area. 43. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 44. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 45. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation being placed within 18 inches of curbs along public streets. 46. Only incidental storm water will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 2 1 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 47. Parking lot lighting fixtures shall be shielded to reduce glare to the surrounding area. In no case shall lighting standards for the parking lot be taller than 18 feet. The parking lot lighting fixture shall be a shoe box type lighting fixture mounted on a four (4) inch square steel pole. 48. The applicant is required to provide loading/unloading berth in accordance with the Zoning Code. Such loading/unloading berth shall measure a 45 feet by 12 feet minimum. Striping shall be provided to clear mark the loading/unloading area. 49. The proposed drive-thru lane widths for the pharmacy shall have a minimum of nine (9) feet for the inside lane and ten (10) feet for the outside lane. Proper striping shall be required to allow for safe vehicle circulation leaving the drive-thru area. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 51. The applicant shall employ, or retain, qualified engineers, surveyors, and such or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 52. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 53. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans whichwere approved by the City. Each sheet shall be clearly marked Record Drawing, „ As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 22 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 55. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 56. The applicant shall. comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 57. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). COACHELLA VALLEY WATER DISTRICT 58. The site shall be annexed to Improvement District Nos. 55 and 82 of the district for sanitation service. 59. Grading, landscaping and irrigation plans shall be submitted to the Coachella Valley Water District for review to ensure efficient water management techniques. 60. Appropriate fees, if any, shall be paid to the Coachella Valley Water District in accordance with their current regulations for service to the site. RIVERSIDE COUNTY FIRE DEPARTMENT 61. Approved super fire hydrants shall be spaced every 330 feet and shall be located not less than 25 feet, nor more than 165 feet, from any portion of the buildings as measured along vehicular travel ways. 62. Blue dot reflectors shall be placed in the adjacent street 8 inches from the centerline to the side that the fire hydrant is located, so as to identify fire hydrant locations during an emergency. 63. Fire Department connections shall not be less than 25 feet. nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings. 64. Based on a building square footage of t 14,560 and the building having a fire sprinkler system, the required fire flow must be at least 1,625 gpm at 20 psi residual for a 3- hour duration. 0�r 4. 4. l) P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 23 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 65. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City's plan check procedures. 66. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 67. Buildings over 5,000 square feet are required to be fully equipped with fire sprinklers (NFPA 13 Standard). Fire sprinkler plans shall be submitted to the Fire Department for review and approval prior to issuance of a building permit. 68. The required water system, including fire hydrants, shall be installed and accepted by Coachella Valley Water District prior to any combustible building materials being placed on an individual lot. 69. Fire Department street access shall come to within 150 feet of all portions of the 1st floor of all buildings, by path of exterior travel. 70. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or stop signs. Streets shall be a minimum 20 feet wide with a height of 13'-6" clear and unobstructed. 71. Install a KNOX key box on the building. Contact the Fire Department for an application. 72. Install portable fire extinguishers as required by the California Fire Code. DESERT SANDS UNIFIED SCHOOL DISTRICT 73. The applicant will be required to pay a school mitigation fee at the time a building permit is issued. SIGNS 74. The applicant shall be submit a detailed Planned Sign Program for the site to be approved by the Planning Commission. MITIGATION MONITORING 75. The applicant shall comply with the Mitigation Monitoring Program in connection to the certified Mitigated Negative Declaration for the project. 0 r) 6 P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 24 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2002-753 APRIL 1, 2003 c`OVENANTS CONDITIONS & RESTRICTIONS 76. The applicant shall include in their Covenants, Conditions & Restrictions that no other pharmacies shall be allowed on the site. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\CCSDP 02-753 COA.wpd 25 1 Environmental Checklist Form 1. Project Title: Site Development Permit 2002-753; Walgreen's Drug and Retail Store 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Martin Magana, 760-777-7125 4. Project Location: The northeast corner of Washington Street and Avenue 48; APN: 643-200-001 5. Project Sponsor's Name and Address: Evergreen Devco, Inc. 2920 East Camelback Rd., Suite 100 Phoenix, AZ 85016 6. -General Plan Designation: Community Commercial 7. Zoning: Regional Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The Site Development Permit proposes the construction of a 14,560 sq. ft. drug and retail store (Walgreens) on a portion of a 4.03 acre site. The balance of the site, labeled Phase II, are undefined in terms of use. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: Vacant, approved for Marriott Residence Inn South: Avenue 48, golf course and single-family residential West: Washington Street, La Quinta Arts Foundation partially developed site East: Caleo Bay and single-family residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 4W E: 3 PAMartin\SDP 02-753 Walgreen's\C C Appea1\EEAChkIst480.wpd 26 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services • Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A M MOATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "patendWIY siP ficInt wiles mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier doement pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier as described on attached sheets. An MgVIRONAHMAL EMPACT REPORT is required, but it trust analyze only the effects that remain to be addressed. D I find that aldwu& the proposed project omM have a significant effect on the enviro A, because au potafialty sigMficMt effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pn=wnt to that earlier EIR, including revisions or mitigation measures that are imposed upon the Proper project, 6 fuardur is required. signature 1101A3 Date 701 P:1Mardn%SDP•02-753 •WaWwn'sXEAChkIst460.wpd 27 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier 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. PAMartin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd jro Issues (and Supporting Information Sources): 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 3.6) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map, Property Owner) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to nonagricultural use? (No ag. land in proximity to project site) M. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X P- kN X X ro X 144 R. N. PAMartinlSOP 02-753 Walgreen's1C C Appea1\EAChklst460.wpd 29 . d) Expose sensitive receptors to substantial pollutant concentrations? X (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a substantial number of people? (Project Description, Aerial Photo, site inspection) X IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 73 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. 73 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. 73 ff.) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (Master Environmental Assessment, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) 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? (Master Environmental Assessment p. 123 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)? (Master Environmental Assessment p. 123 ff.) X X X X 91 X KI X P:\Martin\SOP 02-753 Walgreen's\C C Appea1\EAChk1st460.wpd 30 VI. um c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? (Master Environmental Assessment p. 123 ff.) GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan Exhibit 8.4) 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 Exhibit 8.1) 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 Exhibit 8.1) 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? (General Plan Exhibit 8.1) 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) X X X X X X X X iw `3 iN rA PAMartin\SDP 02-753 Walgreen's\C C Appeal\EAChkIst460.wpd 31 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? (General Plan MEA p. 95 ff) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (General Plan EIR, p. III- 187 ff.) 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 p. III-87 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? (Project Preliminary Grading Plan) 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? (Project Preliminary Grading Plan) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Project Preliminary Grading Plan) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) X E4 KI ►o X X X X X X P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 34 g) Place within a 100-year floodplain structures which would impede or X redirect flood flows? (Master Environmental Assessment Exhibit 6.6) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (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? (General Plan p. 18 ff.) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. 74 ff.) 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 p. 71 ff.) 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 p. 71 ff.) 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 p. 95) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Residential project -- no ground borne vibration) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR, p. III-144 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? (General Plan land use map) 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 land use map) XII. POPULATION AND HOUSING: Would the project: 91 X X X X /kA X PAMartin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 33 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, p. 9 ff., application materials) 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, p. 57) Police protection? (General Plan MEA, p. 57) Schools? (General Plan MEA, p. 52 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, p. 46 ff.) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) X X 191 91 X FA PAMartin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 34 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? (No air traffic involved in project) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project Site Plan) e) Result in inadequate emergency access? (Project Site Plan) f) Result in inadequate parking capacity? (Project Site Plan) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project Description) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) 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, p. 58 ff.) 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, p. 58 ff.) 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, p. 58 ff.) 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, p. 58 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) 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, threateft 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? X X X X X X X X 7 " 4. v P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EAChkIst460.wpd 35 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. X iN 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. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. General Plan, City of La Quinta, 2002. General Plan EIR, City of La Quinta, 2002. SCAQMD CEQA Handbook. City of La Quinta Municipal Code PAMartin\SOP 02-753 Walgreen's\C C Appea1\EAChidst460.wpd 36 Addendum for Environmental Assessment 2002-460 I. a), b) & c) Washington is designated an Image Corridor in the General Plan. The proposal includes a single story Mediterranean style building on 4 acres. The proposal will be a low rise building which will not impact scenic vistas. Surrounding development, both existing and planned, reflects the same low rise design. The project will reflect the high quality development which the General Plan encourages on Washington Street. No scenic landmarks occur at or near the site. I. d) The project will generate light from parking lot lighting. The City's dark sky ordinance will be applied to all lighting plans submitted for the proposed project site. These requirements do not allow lighting to spill over to other properties, which will mitigate the potential impacts associated with the project. The potential impacts associated with light and glare are not expected to be significant. II. a)-c) The proposed project site is neither in a prime agricultural area, nor subject to Williamson Act contracts. III. a), c) The proposed project will result in the construction, of 14,560 square feet of retail space, which will generate 1,284 trips at buildout'. Since the balance of the uses on the site are not identified, additional trips are likely, but cannot be calculated at this time. Based on the drugstore trip generation, the proposed project will generate the following pollutants. Running Exhaust Emissions (pounds/day) PM 10 PM 10 PM 10 CO ROC NOx Exhaust Brakes Tires 50 mph 39.80 1.53 8.16 -- 0.17 0.17 Daily Threshold* 550 75 100 150 Based on 1,284 trips/day and average trip length of 6 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F, year 2005. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project and the need for an EIR. 1 Trip Generation, 6th Edition, Institute of Transportation Engineers, for category 881, Pharmacy/Drugskre with Drive -Through Window. PAMartin\SDP 02-753 Walgreen'AC C Appea1\EA-Adden4W.wpd 37 The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. It is further unlikely that the additional buildings on the site, currently designated as Phase II, will generate sufficient trips to exceed standards. However, the future buildings will be subject to review under CEQA, and their potential effects will be analyzed at that time. The impacts to air quality relating to chemical pollution from the proposed project are not expected to be significant at this time. III. d) The construction of the proposed project will generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM 10 (particulate matter of 10 microns or smaller) . The proposed project would result in the disturbance of up to 4.03 acres of land, and the movement of about 555 cubic yards of dirt on the site. Cut and fill is expected to be balanced. This has the potential to generate 106.4 pounds per day in fugitive dust during the grading of the site. The Valley has recently adopted stricter measures for the control of PM 10. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated to a level less than significant by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. ri A 4 ) 0 PAMartin\SDP 02-753 Walgreen'MC C Appea1\EA-Adden460.wpd 38 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. 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. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscaping along Caleo Bay and on the northern boundary of the site shall be installed immediately following completion of precise grading on the site. 8. The areas identified as Phase II on the site plan shall be landscaped and irrigated with either sod or hydroseed, or desert wildflower mix prior to issuance of a certificate of occupancy for the building. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall conform to the notification standards included in the 2002 SIP for PM10 in the Coachella Valley. III. e) The construction of the proposed project will not generate any objectionable odors. IV) a)-f) The proposed project is located within the required fee area for the Coachella Valley Fringed -toed lizard, and will be required to pay the mandated fee at the issuance of building permits. The payment of the fee will reduce the potential impacts to this species to a less than significant level. The site has previously been graded, and is significantly impacted for potential as a biological habitat. The impacts to other biological resources are not expected to be significant. 4. P:\Martin\SOP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 39 V. a)-d) The site has been previously graded, and has a low potential for surficial archaeological resources. There is, however, a potential that buried resources do occur on the site which will not be uncovered until grading and excavation occur. As a result, the following mitigation measure shall be required: 1. Should any earth moving activity on the site uncover a potential archaeological resource, all activity on the site shall stop until such time as a qualified archaeologist has evaluate the resource, and recommended mitigation measures. The archaeologist shall also be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. VI. a) i)-iv) 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. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking are reduced to a less than significant level. The site is not in an area subject to liquefaction or landslides. VI. b) The site is located in a severe blowsand hazard area, and will therefore be subject to significant soil erosion from wind. The project proponent will be required to implement the mitigation measures listed under air quality, above, to guard against soil erosion due to wind. These mitigation measures will lower the potential impacts associated with .wind erosion to a less than significant level. VI. c)-e) The soils on the site are not expansive, and will support the development proposed by the project proponent. The project proponent will be required to submit a site -specific geotechnical study at the time of building permit issuance to assure that all building techniques employed on the site result in safe structures. These standards will lower the potential impacts to a less than significant level. Vill. a), c),d) & e) The proposed project will be responsible for the drainage of on and off site flows. The City Engineer requires that all project retain the 100 year storm on - site. The proposed project will be required to conform to this standard, which is expected to lower potential impacts to a less than significant level. �. 4 k. P:\Martin\SDP 02-753 Walgreen's\C C Appea1\EA-Adden460.wpd 40 Vlll. b) The Coachella Valley Water District provides domestic water to the subject property. The retail development on the project site will be required to implement the City's standards for water conserving plumbing fixtures and on - site retention, which both aid in reducing the potential impacts to groundwater. The proposed project will also meet the requirements of the City's water - conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. IX. a)-c) The project site is currently vacant, and will be developed for its General Plan designation of Community Commercial. The project is consistent with the General Plan and Zoning designations for the project site. The project will not divide an existing community, or conflict with a land use plan or with a habitat or natural community conservation plan. X.a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain resources. XI. a) The project site is located in an area of the City subject to high traffic noise levels. The project will develop as retail commercial development, which is not a sensitive receptor. The closest sensitive receptors are located to the east and south of the project site, in Lake La Quinta and Rancho La Quinta. The project site plan includes parkway landscaping and parking lot setbacks which will increase the separation between the commercial land use and the residential units. The project site will include a loading and delivery area on the north side of the site, and a drive -through window on the east side of the site. These uses have a potential to generate loud noises, particularly from truck traffic and loudspeakers at the drive -through. The most sensitive times for noise at sensitive receptors is the night-time hours, when ambient noise levels are low. Therefore, in order to mitigate the potential impacts to the sensitive receptors on the east and south, the following mitigation measure shall be implemented: 1. The delivery and drive -through hours on the project site shall be limited to 7 a.m. to 10 p.m. XI. c) The construction of the project will generate noise from construction equipment and activities. Existing homes occur to the east and south of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a short term negative impact. In order to reduce these potential impacts, the following mitigation measures shall be implemented: 4. P:\Martin\SDP 02-753 Walgreen's\C C Ap1ea1\EA-Adden460.wpd 41. 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shalVbe located in the northwestern quarter of the site, as far away from existing homes as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XI. d) & e) The project site is not within the vicinity of an airport or airstrip. XII. a)-c) The project site is currently vacant, and will result in the construction of commercial development. No impacts to population and housing are expected. XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The commercial development will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the project or its components will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. XIV. a) & b) The construction of commercial development will not impact recreational services. The generation of property and sales tax, and the General Plan policies in place to ensure that standards for parkland acquisition are followed by the City as development occurs, will mitigate potential impacts to these facilities to a less than significant level. XV. a) & b) The proposed project will generate 1,284 trips per day, and will generate additional trips when the Phase II components of the project are constructed. However, the proposed project is well within the type of use identified in the General Plan for the Community Commercial designation, and has been analyzed in terms of the impacts to traffic and circulation on Washington and Avenu tpf P:\Martin\SUP 02-753 Walgreen's\C C Appea1\EA-Adden480.wpd e) w The impacts to the circulation system are expected to be consistent with those identified in the General Plan EIR, and are not expected to be significant. XV. c)-g) The project will not impact air patterns. The design of the site does not create any hazardous design features. The site plan includes parking requirements generally in conformance to the City's standards. The site plan provides for emergency access points. Alternative transportation in the form of bus stops will be implemented throughout the area based on General Plan policies and programs. XVI. a)-f) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. XV11. a)-d) The site has been graded before, therefore, the project does not 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. The project does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. The project has impacts that are individually limited, but not cumulatively considerable. The site proposed to be developed is only a portion of the property. The remainder of the site will be developed at a future date at which time cumulative impacts will be considered and mitigation measures imposed to reduce impacts to less than significant levels. The project itself has environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. However, sufficient mitigation measures have been imposed on the project that will help reduce potentially significant impacts to less -than significant levels. P:\Martin\SDP 02-753 Walgreen's\C C Appeal\EA-Adden460.wpd 43 U a O zW �U � p4 CO .<w 042 o� HO �low z O O 0 0 0 0 r� rI O z W a a a O w N 0 N a t+ .. ` z 04 M•1 Q 'rrs i H A U� dp aV �W VV b o � a� co ?� U d � a C)a G rA G d u o �o� to to C4cO4a � c b � �o .fl c 0 0 ao ~ U N U 4� O ca U '~ U v ' y o U U � U U U U o W o on U 4.4 U ., U o0 0 o o 0. a a. a. a o� coo �H z z �. > A C Op u a U U U Im UAGQ a W N q. cd � z O � E"y O ~ r of to!) a o A N a a 3 N cqs b a 3 .. .0 00 00 O eq bo Q' olu �•' '� ,o a o ONO �o C 0 2 W C 0 m W M to N O a 47 N 44 F E-� A A U� V� �WAW �A a� aU Ov OV V U W 0 a� o W cis v 0 0 v u co Qj 'O z z o U U U ao a4 A � V Q G A G CIS �i0 A A A A A wz wz a � a cc 0 vW�� Cobo A A A W a ° p4 fi c c cis b U A U pq pq pq ° z z U '� o a o O' r Pi cn tb 0 W .� o b g" 0 3 >+ cc Ic. �j n N 0 cn r ATTACHMENT N1 City Council Minutes 13 March 4, 2003 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ACTION ON AN APPEAL OF THE PLANNING COMMISSION'S DECISION OF JANUARY 28, 2003, ADOPT A RESOLUTION CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2002-460), AND APPROVE SITE DEVELOPMENT PERMIT ) 2002-753, SUBJECT TO FINDINGS AND CONDITIONS, TO ALLOW A 14,560 SQUARE FOOT DRUG AND RETAIL STORE ON A 4.03-ACRE SITE LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 48. APPELLANT: RANCHO LA QUINTA HOMEOWNERS ASSOCIATION. City Attorney Jenson advised Council Member Perkins has excused himself from participating in this item due to a potential conflict of interest. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report, and Associate Planner Magana reviewed the site plan and elevations. In response to Council Member Henderson, Mr. Magana confirmed the height of the tower is 31 ' -8" . Council Member Sniff asked about the function of the tower, and Mr. Magana explained it serves as an entry into the building. In response to Council Member Osborne, Mr. Magana stated the developer has proposed 22-foot high light poles with shoe box style fixtures but the Planning Commission has reduced the height to 18 feet. In response to Council Member Sniff, Mr. Magana stated there will be 14 light poles with each light producing a maximum of six candlepower. He noted lowering the light poles increases the number of poles needed to produce sufficient lighting for the parking area. He referred a question about the total lumens projected by the double -head fixture to the developer. In response to Council Member Osborne, Mr. Magana stated the delivery and trash pickup areas are located at the rear of the building, and deliveries will be hand -trucked into the building. In response to Mayor Adolph, Mr. Magana stated there was some discussion at the Planning Commission about the Phase II pads being office or medical uses but the zoning allows any land use listed under the Community Commercial designation. HM City Council Minutes 14 March 4, 2003 Planning Manager Orci stated the applicant has indicated they are looking to fill Phase II with some type of medical offices. Mayor Adolph noted there is no guarantee that those pads will be medical offices, and the Site Development Permit for those pads will not come before the City Council for review. Council Member Henderson pointed out the Council can condition Phase II to come back to the Council. Mayor Adolph voiced concern about the project looking like a strip mall, and there being nothing at this time to stop this type of thing from happening. In response to Council Member Sniff, Mr. Magana confirmed the maximum height allowed on the Phase II pads is 40 feet and could accommodate a three- story building. In response to Council Member Osborne, Mr. Magana advised the developer has a plot plan showing the site relationship between Rancho La Quinta and the project. Tim O'Niel, 2920 E. Camelback Road, Phoenix, Arizona, of Evergreen Devco, stated the Planning Commission denied their first application for a Walgreens at Avenue 50 and Washington Street because it required a zone change, and a recommendation was made at that meeting that they find an alternate, appropriately -zoned site, which led them to the proposed location. He stated they have incorporated input, even from the opposition, into a plan that has been well received by staff, the Architecture and Landscape Review Committee, and the Planning Commission. He pointed out the building design is not a typical Walgreens design, and the landscape setback exceeds the requirement by twenty feet. He advised their proposed lighting plan with 22-foot high light poles would provide safe lighting and still be under code requirements. They are willing to reduce the height to 18 feet, as requested by the Planning Commission, but it will increase the number of poles and light intensity in certain pockets and create dark pockets elsewhere. He stated they have withheld an application for alcohol sales and for 24-hour use, and they accept the conditions of approval without any request for special consideration. He asked Council to support the project. In response to Council Member Osborne, Mr. O'Niel reviewed a site plan showing the relationship between the Walgreens site and the Rancho La Quinta development. 4 �� 9 City Council Minutes 15 March 4, 2003 In response to Council Member Sniff, Mr. O'Niel advised the distance from the nearest homes in Rancho La Quinta to the edge of the building is approximately 270 feet and to the nearest light pole is approximately 200 feet. He added the nearest home in Lake La Quinta is approximately 282 feet from the east wall of the Walgreens building. In response to Council Member Osborne, Mr. O'Niel confirmed the light fixtures are shielded to keep the light on the property. Council Member Sniff asked about the grade difference between the Walgreens building pad and Washington Street, and about drainage for the project. Mr. O'Niel stated the finished floor for the building will be a variable 1 '/2 feet above the public right-of-way. He stated drainage from the project will go into the regional drain at Caleo Bay and Avenue 48 and empty into Lake La Quinta. Mayor Adolph pointed out the grade difference between Washington Street and the Walgreens building pad is approximately 4 feet. He asked if any consideration had been given to locating in the Washington Park development. Mr. O'Niel responded that the store is intended to capture traffic and be a neighborhood -oriented store. Mayor Adolph agreed the proposed design is much nicer than the typical Walgreens building but noted their stores are usually in shopping centers. Mr. O'Niel advised they have stores in several different markets, and their stated goal is to be a neighborhood -oriented pharmacy. They feel big shopping centers lack a feeling of safety, and the ability to fine tune to the surroundings and raise the quality level. The following individuals spoke in opposition to the Walgreens project: • Bob Lowry 48-265 Paso Tiempo Lane • Rob Dawson 79-770 Rancho La Quinta Drive (also submitted a petition containing 266 signatures) • Bill Ivey 78-665 Descanso Lane • Bob Friedricks 48-105 Via Solana • Bill Bobb ' 48-613 Paseo Tarazo • John Holiday 79-030 Calle Brisa • Sandra Hawks 78-770 Spyglass Hill • Ellen Burg 49-723 Montero • Chuck Sullivan 48-610 Vista Estrella City Council Minutes 16 March 4, 2003 • Joe Broido • Kay Wolff • Dale Sullivan • Frank Christopher • Jerry Sheldon • James Duff • Avi Lasman 77-510 Calle Nogales 77-227 Calle Ensenada 48-190 Via Vallarta 48-485 Vista Calico 48-015 Casita Drive 78-625 Descanso Lane 47-935 Via Firenze The above -mentioned individuals spoke in opposition to the project for the following reasons: • retail development should not be allowed next to up -scale homes • will place adjacent property values at risk • site should be re -zoned • piece -meal development is unfair to homeowners • will increase traffic, noise, and lighting pollution for neighboring residents • will destroy Washington Street scenic corridor • environmental impacts on past, current, and future projects not addressed • inappropriate use„of important and transitional area • 'increases potential for drug crimes Emily Hemphill, 777 E. Tahquitz, Palm Springs, noted the City's land -use laws apply equally to the Planning Commission and the City Council. She further noted the City Code does not require all pieces of a development to be done at once. She stated although the City changed the designation from Regional Commercial (in place since 1990) to Community Commercial when it updated its General Plan last year, this project fits under both designations. She advised the project is within the environmental review done for the General Plan, and this property was part of a master plan when Lake La Quinta was built. The project landscape buffer on Avenue 48 is as wide or wider than the landscape buffer at Rancho La Quinta, and the developer's intent is to also match the quality. She pointed out any type of development on this site will require lighting, and that the proposed lighting plan is subject to the Dark Sky Ordinance. She stated this project has exceeded the City's standards, and has tried to adjust to a project that the neighbors can live with. She believes it is not the Council's job to decide which retail businesses they like or dislike, and noted they are responsible for protecting the rights of the property owner as well as the voters. Wesley Oliphant, 77-900 Avenue of the States, Palm Desert, stated he represents a development group that is in escrow to purchase and develop the Phase II pads on this property with professional offices. He stated they intend City Council Minutes 17 March 4, 2003 to maintain the same high level of improvement standards that is currently being done at Avenue 47 and Washington Street. Sam Spineuo, 75-600 Mary Lane, Indian Wells, a member of the Phase II development team, stated they propose the first building to have a reduced amount of retail in the front facing Washington Street and office professional space in the rear. The second building will be a two-story, office professional building, and the third building will be single -story, office professional building. In response to Council Member Sniff, Mr. Spineuo stated the retail will consist of general service retail such as a video store or dentist office. Mayor Adolph asked if they would be interested in developing the entire site if Walgreens doesn't go in. Mr. Spineuo replied, "no" because an important component of medical offices is being adjacent to a pharmacy. Council Member Osborne, asked how it would affect their development if retail was removed from the Phjpse II buildings. Mr. Spineuo stated they would contemplate it. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Osborne stated he feels there may be some misconceptions about the project. He believes most of the pharmacy patrons will come from the Cove or south of Highway 1 1 1, and result in little change in traffic congestion and noise. He noted most of the lighting is across from the golf course portion of Rancho La Quinta as opposed to the residential area, and the lights will be shielded. He stated he understands from Police Chief Horton that this type of retail brings minimal concerns of crime. As for Phase II, he stated he is inclined to restrict any further retail other than Walgreens. Council Member Henderson thanked everyone for their comments, and noted this property was considered during the General Plan update and was down - zoned. She noted the property has been zoned commercial for 10-12 years and considered part of the future planning for the financial security of the City, which affects everyone's quality of life. She commented on the Council's responsibility to represent all of the community, and stated she has spoken to residents who live south of Highway 1 1 1 that feel this is a place they will shop. She noted there has been an expectation of commercial along this area for a 50 City Council Minutes 18 March 4, 2003 long time, and other commercial has been approved in the area. She asked about the possibility of moving Walgreens to the north side and the medical offices on the south and east sides of the site. Mr. Magana stated the development standards for the Phase II pads would be the same as for Walgreens, thereby allowing a building height of 40 feet. He confirmed conditions can be placed on the site to restrict the Phase II pads to office only and to restrict the height. Council Member Henderson noted flipping the layout of the buildings would buffer Rancho La auinta from the retail, and the retail would still have frontage on Washington Street. It would also place the parking and most of the lighting in the interior of the development. Council Member Sniff commented that a reversed layout would potentially block the additional access on Avenue 48. Council Member Henderson noted two separate buildings on the long pad would possibly allow an access on Avenue 48. Council Member Sniff pointed out it would depend on the configuration because of distance requirements from Washington Street to allow an access on Avenue 48. He wasn't sure the developer and potential developers have had a chance to consider such a change. Council Member Henderson noted Council has the right to condition the property as long as it does not violate the rights of the property owner and the developers would have to figure out a way to live with it. City Attorney Jenson confirmed the Council has authority under the appeal process to modify the site plan and impose additional conditions of approval. Council Member Sniff stated he feels the project's light proliferation is a serious problem, and is not sure lowering the pole height to 18 feet will significantly mitigate the problem. He referenced traffic congestion at Washington Street and Avenue 48, and voiced concern about adding to the problem. He feels it is difficult to have a clear concept of what the noise impact may be without knowing what will be built on the site. He stated he supports commercial development but feels there are significant quality -of -life issues involved here, and that a more complete and well-defined EIR may be appropriate. Mayor Adolph thanked the appellant for filing the appeal, and commented on his concerns about the current review process for projects of this magnitude not 2-3 City Council Minutes 19 March 4, 2003 automatically coming before the City Council for approval. He has safety concerns about the Washington Street access because of the 180-degree turn radius and the traffic congestion in and out of the Walgreens and adjacent hotel. He noted traffic on Caleo Bay was a major concern of Lake La Quinta residents when the hotel was approved, and he feels this will compound that problem. He stated reversing the layout may be a good idea but it will still generate additional traffic. He questioned the problems involved with the project being worth the small amount of revenue the store will generate for the City. He stated he cannot support the project, as proposed, because of the problems the citizens have with it. Council Member Sniff suggested this item be continued to give staff and the developers time to look at the potential for reversing the layout. Council Member Henderson noted the Council has the power to impose conditions on the project right now and any future development would have to meet that criteria. She pointed out if the project is denied, sometime in the future the City will be faced with the same type of situation when another commercial development is proposed. Council Member Sniff stated he prefers continuing the item rather than imposing conditions that may not be acceptable to the developer or the residents. Council Member Osborne stated he supports giving the developer an opportunity to consider reversing the layout. Council Member Sniff suggested continuing the public hearing to the first meeting in April. Ms. Jenson recommended re -opening the public hearing if the Council's intent is to continue this matter. The Mayor declared the PUBLIC HEARING REOPENED. MOTION - It was moved by Council Members Sniff/Osborne to continue the public hearing on the appeal by Rancho La Quinta Homeowners Association of the Planning Commission decision regarding the Walgreens project to April 1, 2003. Council Member Henderson suggested reiterating the potential modifications so the developer knows what the Council is wanting him to consider. 2r4 i+ V 52 City Council Minutes 20 March 4, 2003 Council Member Sniff stated he didn't feel it was appropriate to mandate changes at this time. He would like some time to think this through, and believes it is up to the developer and staff to come up with an alternate plan. Council Member Henderson noted zoning on this property carries certain development rights, and if the Council doesn't limit those rights, the developer may not be motivated to make the changes. Motion carried with Mayor Adolph voting NO and Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-26. 2. PUBLIC HEARING ON SPECIFIC PLAN 99-036, AMENDMENT NO. 2 (LA QUANTA CORPORATE CENTRE) AND SITE DEVELOPMENT PERMIT 2002-756, A REQUEST TO: 1) ADOPT RESOLUTIONS TO MODIFY THE DEVELOPMENT STANDARD FOR AN UNDER CONSTRUCTION 36 + -ACRE, COMMERCIAL/LIGHT INDUSTRIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 300 FEET EAST OF ADAMS STREET, AND WEST OF DUNE PALMS ROAD; AND 2) APPROVING A TWO- STORY COMMERCIAL BUILDING OF 15,248 SQUARE FEET ON ONE ACRE AT THE SOUTHWEST CORNER OF CORPORATE CENTRE DRIVE AND DUNE PALMS ROAD (78-441 CORPORATE CENTRE DRIVE). APPLICANT: DAVID AND JAMIE REULMAN (RADIO ACTIVE). Council Member Osborne abstained from participating on this item due to a potential conflict of interest and left the dais. Council Member Perkins was also absent from the public hearing. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report, and Associate Planner Trousdell reviewed the site plan and changes made by the Planning Commission. Robert Ricciardi, 75-090 St. Charles Place, Palm Desert, architect for the applicant, reviewed the proposed circulation plan, and urged approval of the project. In response to Council Member Sniff, Mr. Ricciardi stated the roof is sloped enough to allow drainage. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. 4w `` a v City Council Minutes 21 March 4, 2003 RESOLUTION NO. 2003-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT STANDARD CHANGES FOR A MULTI -USE COMMERCIAL/LIGHT INDUSTRIAL CENTER ON 36 + ACRES LOCATED GENERALLY BETWEEN ADAMS STREET AND DUNE PALMS ROAD AND NORTH OF HIGHWAY 111 (SPECIFIC PLAN 99-036, AMENDMENT #2 - APPLICANT: DAVID AND JAMIE REULMAN). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-015 as submitted. Motion carried with Council Members Osborne and Perkins ABSENT. RESOLUTION NO. 2003-016 A RESOLUTION OF,, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A TWO-STORY COMMERCIAL BUILDING AT 78-441 CORPORATE CENTRE DRIVE, SUBJECT TO FINDINGS AND CONDITIONS (SITE DEVELOPMENT PERMIT 2002-7560 RADIO ACTIVE - APPLICANT: DAVID AND JAMIE REULMAN). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-016 as submitted. Motion carried with Council Members Osborne and Perkins ABSENT. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California 54 A ACHMENT #2 WILLIAM H. IVEY 78665 DESCANSO LANE LA QUINTA, CALIFORNIA 92253 (760) 771 - 4 2 8 4 FAX (760) 771 -3565 March 26, 2003 Mayor Don Aldolf Members of the City Council City of la Quinta ` 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Reply to Evergreen Devco, Inc. Revised Proposed Site Plan Dated March 17, 2003 Dear Mayor Aldolf and Members of the City Council: Hand Delivered PD 12F ' COMMUNIZY A 1i �QQPMENT EPAMNT Per your request at the March 4, 2003 Council meeting this is our reply to the revised site plan requested by the Council. While we are, as requested, commenting on the revised site plan, we in no way are relinquishing our opposition to this site usage. The problems of safety, traffic, noise, lighting pollution and decreased homeowner values remains with this particular usage. We were promised 7 to 10 days as a reasonable period of review. We received the revised site plan at mid -day, day before yesterday. Therefore this response is very basic and we will make more complete comments at the April 1, 2003 public hearing. It is our observation that the revised site plan is not in keeping with the request of Council Member Henderson to flip the site plan so as to buffer Rancho La Quinta from the retail which would place the parking and most of the lighting into the interior of the development. The revised site plan is not flipped but merely moved west and north, the results among other effects, adversely rearranges parking adjacent to .Avenue 48 and significantly reduces its landscape buffer while doing nothing to shield the lighting. This revision accomplishes very little in the way of relief for the adjancent homeowners and in some way exacerbates the problems. 55 We don't believe this site plan revision accomplishes what this Council requested and it must at least be substantially revisited. ZR9tpectIfiuilIjY, vy For the Residences of La Quinta 56 Honorable Don Adolph, Mayor City of La Quinta Dear Mr. Adolph ATTACHMENT k3 27 February, 2003 j MAR - 6 2003 I am writing to you to express concern regarding the proposed construction of a Walgreens store on the corner of Washington and Avenue 48. I believe the resulting traffic, lights and overall congestion will have a negative impact on the beautification plans and activities underway for La Quinta. I urge you to oppose this unwanted and unneeded commercial intrusion into our neighborhood. Respectfully; Poly fa& Don Fulton 79-070 Via San Clara La Quinta, CA 92253 760-771-9845 57 At,. e� cc�e� ,Z-2 F-'03 HD.. 620M C'TY OF LA QU- I- jq- CIIY MANAGER'S DEPT. Wes• � � -! CM ;, 7 At," ---__ March 1, 2003 Mayor Don Adolph and La Quints City Council Members P.O. Box 1504 La Quinta, CA 92253-1504 RE: WALGREENS Dear City Leaders: Jim and I are writing to you to express our deepest concerns regarding the proposed plan for locating a Walgreen Drug Store on the corner of Washington and Avenue 48. What a strange place to put such a high traffic facility ... right in the middle of two very high -end residential developments (as well as the rest of the areas). We have withstood (and understood) the necessary added detour traffic on Avenue 48 during the widening of Jefferson. Walgreen would create a prmanent environment of more traffic, congestion, pollution, noise, lighting, and other environmental problems that are completely opposite to the quality of life that made us choose the location of our lovely home in La Quinta! How about putting Walgreen north of the Palm Desert National Bank or, more appropriately, on Hwy I I I with the rest of the growing business community? Or, maybe down in the Village? We ask your support in opposing this unwanted and unneeded commercial intrusion into our La Quinta residential neighborhoods. Best regards, � 1 �i and Dawn Daughtry 48-045 Casita Drive La Quinta, CA 92253 760/771-43 75 261 59 CC: M�w1o�' Q3�nu� CM Carole and Robert Tayar �� 79 945 Rancho La Quinta DrA\1�4/ La Quinta, Cal. 92253 �, �V March 5, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-945 Calle Tampico La Quinta, Ca. 92253 1504 RECEIVED o MpR "7 2003 Re: Walgreens o� Council Members. AT Y pE We are new residents of Rancho La Quinta and we moved here because of the high end residential all around us. Commercial development should not be allowed to come south on Washington close to all this lovely residential. There are certainly enough locations in the areas already designated commercial to allow for this type of development. We urge you to reconsider and to keep our residential areas as lovely as they presently are. Yours truly, Bob and Carole Tayar 4 IL r--- - • • fo • • 1830 West 38th Avenue Post Office Box 173400 Denver, CO 80217-3400 303 480-2600 Wesley J. Allen President March 3, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: CA f,AR i 20M co 4vIN T,q �P�EGE,1�1E0 �, I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you would join virtually all of the hundreds of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, Wesley J. Allen 263 61 03/12/03 WED 03:15 FAX 760 346 9918 D R M 10002 760 c-56- /7(W 760- 777 (Y51/ J March 3, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Ca11e Tampico La Quints, CA, 92253 Re: Walgreens Dear Mayor and City Council, MAR a 7 It was not too long ago that a small city located in the Coachella Valley started to grog, due to a population expansion towards the eastern end of the valley. It was at that tine that a young and meticulously careful Mayor and City Council realized that they had al: opportunity to alleviate the growth related problems that other neighboring cities hall experienced. Many years have passed and the wisdom of growth management has beef i passed to each Mayor and City Council with great success. It is with this in mind that write you to ask that the proposed Walgreen's at Washington and. Avenue 48 be vote down so as to alleviate the traffic, congestion, noise and other related offenses that wJI accompany this application. This Walgreens is personally an unwanted and unneedoi. commercial proposal that deserves your wisdom of disapproval. Sincerely, eff inch Brandt n and Dyson Real Estate Associates Rancho La Quinta Homeowners 62 03-12-63 15:18 RECEIVED FR4M:760 346 9918 P•02 ee: SCHWARTZ Othtilet"I ---E� March 5.2003 Mayor and City Council City of La Quinta P.O. Box 1504 �N QUI/yT� 78-495 Calle Tampico RECEIVED La Quinta, CA 92253-1504 0 LIAR 10 2w z RE: Walgreens �G,Li oA� Ty DEq Gentlemen: I a writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, William/imberly Schwartz Schwartz 48-175 CASITA DRIVE, LA QUINTA, CA 92253 TELEPHONE (760) 771-4165 • FAX (760) 771-3935 • E-MAIL: BSCHWARTZ@SCHWARTZ-CO.COM 63 Cit• James Kaiser M.D. 49750 Entrada Circle La Quinta, CA 92253) 760-564-0906 760-564-9626 Fax MDboneDocOwl.com March 5, 2003 Post Office box 1504 78-495 Calle Tampico LaQuinta,CA 92253 Sirs: __. CP% MAR 10 2003 - RECEIVED 0mm10 We write to express our deep concerns that a Walgreens food and drugstore with drive-thru pharmacy may be allowed to locate at Washington Street and Ave 48 in our neighborhood in LaQuinta. Walgreens does not belong in the middle of our lovely quiet neighborhood of private residences. Mrs. Kaiser and I chose this area two years ago for the lack of commercial properties nearby and to avoid the traffic congestion, pollution, noise and lighting that will accompany such a venture. We hope that you will not allow such intrusion into our quiet residential neighborhood. Sincerely, Dr. and Mrs. James Kaiser 49750 Entrada Circle LaQuinta, CA 92253 1D 1 W 10 John and Jeanne Hulse i 79040 Via San Clara C� LaQuinta, CA 92253-6244 A-M c LT� (760) 564-2688 ' V 1'.hulse2(4-Nerizon.net e March 5, 2003 �PQUINrq RECEIVED Mayor and City Council o I�AR 10 20 City of LaQuinta a� POB 1504 78-495 Calle Tampico LaQuinta, CA. 92253-' 504 Re: Walgreen's discount food and drug store Gentlemen: writingyou to express my deepest concerns of Walgreen's discount food and drug I am store with a drive-thru pharmacy proposing to locate at the NE corner of Was ing Street and Avenue 48. Walgreen's does not belong in our residential neighborhoods withThe traffic, congestion, pollution, , all of the environmental problems their retail use creates. noesg opposite the quanext of e and li hting glare that accompany this use are all completely opp fua nett to life that brought us to LaQuinta. A Walgreen's would be a completely wrongbuffer our residential neighborhood and I urge you to reject this recommendation from the Planning Commission. I hope you join will virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our LaQuinta neighborhoods. The stag ndin room only outpouring of protest that you saw at the hearing last night shows you the strong level of protest that the community feels toward this project. Sincerely, J:hn E. Hulse 267 65 C� ut �� u MAR 1120M vY ' March 6, 2003 The City of La Quinta 4I City Council RECEIVED P.O. Box 1504 W 11 203 W 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Sirs, I am very concerned about the building of a Walgreens or any other commercial business on the corner of 48' and Washington. We do not need another drugstore in the area and it will bring added traffic and congestion to an area already filled with those problems. We need to concern ourselves with what is best for La Quinta and the quality of living in the area. I would hope that the City could come up with a better plan or development for that site and area. I realize that the tax revenue is appealing but consider a project that will not bring evening traffic to the area or 24 hour traffic if that is what a drive-thru pharmacy brings. Actually a project that would send the traffic east on 48' would be a much better plan for the area. At this point we avoid driving Washington north to go any where. Sincerely, Mary and J?iUr"i'ckson 49-779 Candeleria Circle La Quinta, CA 92253 Vida dose Santa Barbara :ti 'Ekgant `q,0MC for Seniors CO • February 12, 2003 Mayor and City Council City of La Quints P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: C� C:' T Y I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive- thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the, hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, 21?0 Santa Barbara Street, Santa Barbara, CA 93105 (805)68-9-9h44 -6'7 I IC March 5, 2003 Major and City Council City of LaQuinta P. O. Box 1504 78-495 Calle Tampico La Quinta, CA 9+2253-1504 RE: Walgreens Gentlemen: R�CF�V�O MCI ►G_ I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, Tom Jernigan 79-120 Calle Brisa 2000 Morris Avenue - Suite 1500 0 Binnin,,ham, Alabama 35203 0 205/323-8560 • Fax: 205/323-8563 0 "0 com 0M)o Al Ot CAA R. Edgar Johnson 20,03 DR 014 CO Wanda D. Garner 48-454 Vista Palomino CC) v La Quints, CA 92253-8415 Cam_ 760-777-1487 JL 2 2003 CITY M 1`,A, February 27, 2003 ���c �210 Mayor and City Council o� ��UNlTY p�y< City of La Quints P O Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thur pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta Neighborhoods. Sincerely, Wanda D. Garner `7 f) 4 A. 70 tt : Aa� cex� Cam L Garner 48-454 Vista Palomino La Quinta, CA 92253-8415 760-777-1487 7. MAR 12 2W3 February 27, 2003 �P to RE W Mayor and City Council o� City of La Quinta P O Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thur pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta Neighborhoods. Sinte/r ly, Cam L. Gamer 273 71 Pfn9. 925 - 1 f =StlEEf Cou'zfEna y, 3.L. �'%9�v I L� March 6, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78495 Calle Tampico La Quinta, CA 92253-1504 RE; Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our pretigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundreds if nearby residents in opposing this unwanted and unneeded commercial intrusion into our LaQuinta neighborhoods. Sincerely, i v Trevor and Gloria Cuthill 79075 Via Corta Laquinta, CA 92253 2'7 4 72 �JOr�es �D � ; �7 9 Sunnybrook Lane Rheim�, j 2 ; )I aho Falls, ID 83404 208 524-63H Shoulder & '___--� ( 08) 283 21-5633 (Cell) 08) 524-4046 (FAX) o.. rvj@cabieone.net '{ J March 3, 2003 Mayor & City Council Cityof La Quinta 78-495 Calle Tarn ppico La Quinta, CA 92253-1504 RE: WALGREENS Dear Fellow Citizens: I am a home owner in Rancho La Quinta. I choose this town and resort because of the visual cleanest and lack of clutter for rry retirement. I worked hard for30 years and look forward to the peace and tranquility of this setting. I am writing about my deep concerns of Walgreen's discount food and drug store with a drive -through pharmacy proposal at the NEC of Washington Street and 48 Avenue. Walgreen's is a great store. It does not belong next to a prestigious community such as Rancho La Quinta. Our taxes support your and rry community. You are charged with the responsibility to safeguard this "Signature Community" of Rancho La Quinta, which serves as a flagship of our community's goals and standards. Retail businesses such as Walgreen's create problems better suited for a commercial area. The traffic, congestion, noise, lighting glare, that are a part of retail are in start contrast to the tranquility of Rancho La Quinta. I expect you to join the hundred's of nearby residents in opposing this unwanted commercial intrusion into our neighborhood's Sincerely, J�k, /.., 9A4 - n . Rheim B. Jones, MD, CIME, FAADEP Board Certified Orthopedic Surgeon 2 75 73 03 11 -0003 TUE 13 : 11 F-AX 909 9-93 (1403 LOUD ENGINEERING: p' . F� • " William and Barbara Wegener CD 48-145 Paso Tiempo Lane atwu- La Quinta, California 92253 February 28, 2003 <p QUr�. Mayor and City Council REr, City of La Quinta ' P.C. Box1504 78-495 Calle Tampico La Quinta, CA 92253-1504 ry �Ev Re: Watgreens Gentlemen: ZUi►1, uu1 f•yv '746 -7-77 12•3? 4UINTq ti o a 0 \t4o.' . _ c��V We are writing you to express our deepest concerns with the latest proposal by Walgreens to locate a drive-thru pharmacy at the NEC of Washington Street and Avenue 48. We feel this is a very inappropriate usage of that property and its presence their, will create many environmental problems. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that resulted In our choosing La Quinta as our home. We hope that you will join the vast majority of residents that oppose this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely r 44-� I 4"= William and Barbara Wegener 4.76 03-11-03 12:27 RECEIVED FROM:909 923 0403 P•01 74 Mar 11 03 10:24a Richard L. Burkhart 760-564-8231 p.2 March 11, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive- thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will Join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, Connie M. Burkhart 79-125 Calle Brisa 7 La Quint,, CA 92253 03- 1 1 -03 1 6 : 24 RECEIVED FROM : 768 564 8231 p • 02 75 Mar 11 03 10:23a Richard L. Burkhart 760-564-8231 P.1 March 11, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive- thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Sincerely, Richard L. Burkhart 79-125 Calle Brisa La Quinta, CA 92253 03-11-03 10:24 RECEIVED FROM:760 564 8231 P•01 76 -►_t? __ 9 - .31 PM HAWK I NS 3107914958 F . 0 1 FEE-•- i - l Mayor and City Council C* City of La Quinta P.O. Box 1504 78-495 Calie Tampico ^� La Quinta, CA 92253 — 1504 Re: Walgreens Folks: I any writing you to express my concerns of Walgreens discount food and drug store with a drive- thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and Iighting glare as well as type of customer that frequents drug stores in the evening hours are all legitimate; concern of ours. I would hope that you would do your job and protect the hundreds of nearby residents by opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhood. Siljcere�'. Phil fUwkins Rcside\irtj'Rancho La Quinta Country Club 4 7 W 02-27-03 18: 12 RECEIVED FROM: 3107914958 P - 01 77 795�,5 IMAGES FINE ART F��E ►-�1 Mayor and City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253-1504 pear Sirs/Madams: et �1 W*Aoe 49-540 Mission Drive West Rancho LaQuinta, CA March 9, 2003 4v1NTq o� o I am sincerely distressed to learn of plans to build a huge Wnigreens food and drug store with it's drive through drug window in my backyard. Don t we have enough FOOD AND DRUG STORES f rom the Highway 111 and Washington St. intersection toward PGA West? How many more stores are needed to support a population which is at about 30% most of the year? WE DO NOT NEED ANOTHER ME&A STOREIiI We bought at Rancho La Quint* last July in part because of no traffic, quiet streets and a feeling of serenity surrounding the property. Please be sensitive to the homeowners in your town when we implore you to deny this project. I have been out of town and have just received this notice. I realize I have missed the hearing, but hope that by faxing this to you, it will make some small impact on your decision. Sincerely, Town 16:31 RECEIVED FROM:7079449565 8 P.01 ► '�: 1- r 6-z�,-725 _, J WEAVER F'��:�E 4=t1 Joan B. Weaver 79-885 Rancho La Quinta Drive La Quinta, CA 93353 March 9, 2002 Mayor and City Council CMof La Quetta Box1504 La Quinta, CA 92253 Re: WALGREENS Gentlemen: 4vIN Tq LO I am writing you to express my concern regarding having a Walgreens drugstore and drive- in our prestigious neighborhood at the NEC of Washington and Avenue 48. thru p g g When I bought my home in May of last year, I searched for a community that was both tranquil and beautiful. The traffic, congestion, pollution, NOISE, and lighting glare that will accompany this use is reason I bought rn not with keeping with the9 Y home at Rancho La Quinta Country Club. I hope you will join with the hundreds of nearby residents opposing this unwanted and unneeded intrusion into our La Quinta neighborhood. Sincerely, Ad- rs. Joan B. Weaver 1 W 03-03-03 09:24 RECEIVED FROM:1 760 777 7253 P-01 79 ALG Enterprises Rt 2, Box 299 Delano, Ca 93215 March 10, 2003 Mayor and City Council QU! City of La Quinta P.O. Box 1504 RECEIVED 78-495 Calle Tampico 1R 1 La Quinta, Ca 92253-1504 Re: Walgreens Gentlemen: I am writing you to express my opposition to the construction of the Walgreens at the NEC of Washington Street and Avenue 48. I chose to live in La Quinta in order to avoid the intrusion of such commercial enterprises in the neighborhood. I hope you will consider the opposition of my neighbors and I when this issue is brought before you for consideration. Sincerely, r Albert L. Good 082 O ce� �� 0nJ March 10, 2003 Mayor and City Council City of La Quints P.O. Box 1504 78495 Calle Tampico La Quinta, CA. 92253-1504 Re: Walgreens To whom it may concern: 20a3 ._.J C!rr h+ANA` ,ER S OcPr Burke Gibson Inc. 702 3 r d Street SW Auburn, Washington 98001 5278 USA Tel 253 735 4444 Fax 253 833 2916 I'm writing the letter in regards to Walgreens proposing to locate a new drive- thru pharmacy at the NEC of Washington Street and Avenue 48. We have had enough expansion going on in the La Quinta area with new restaurants, art centers, lowes, etc. All of this expansion is causing more traffic congestion, noise, pollution, and bright lighting at night that destroys the quality of life that La Quinta was when I purchased my house in Rancho La Quints in 1996. The reason I bought in this area was it was not built up like Palm Desert. If this expansion continues at the rate that you are letting it happen, we will have another Palm Desert with retail malls and restaurants all over the place along with traffic congestion and more stop lights every 100 yards. This was not the community that I was looking to have a second home in when I purchased my house in 1996. We need to start somewhere controlling the growth in the La Quinta area and this Walgreens is a good a place to start. If you allow this Walgreens to happen, it will cheapen the neighborhood even more than you have already done. We have enough pharmacy's in Palm Desert. Do we really need another one in La Quinta? Serely, Scott S. Gibson Concerned citizen and paying tax payer. 483 81. www.burkegibsoninc.com Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Walgreens Ct : ON &C4 At4AV//I �L' ' MAR 17 L. Cb CIT CG, /,�► Qu I Frank R. & Mary Zbacnik 0000 RECEIVED 79900 Rancho La Quinta Dr. 0 W La Quinta, CA 92253 As new residents of RLQ, we want to express our deepest concerns and objection with the location of Walgreens at the northeast corner of Washington and Avenue 48. One of the primary reasons, if not the primary, for purchasing our home at RLQ was the expected quality of life to include the surrounding non -retail nature of the neighborhood. To date you have done a pretty good job with the planning, location and design of the surrounding upscale area. Please do not deviate from the objective of creating a very desirable neighborhood for upscale housing and quality of life. This would not include retail south of the current Avenue 50 line along Washington. Your continued "smart growth" planning will bring tremendous rewards to the community including high demand for upscale housing and city revenue growth along with it. Sincerely, Frank & Mary Zbacnik :V -7) 0's 499 Ob i John & Jacqueline Kalinski 78905 Via Carmel La Quinta, CA 92253 (760) 564-1302 March 10, 2003 Mayor and City Council City of La Quinta o P.O. Box 1504 78-495 Calle Tampico00 La Quinta, CA 92253-1504 Re: Walgreens Gentlemen: LF 3- .._. CI lY frf;iNAUII 3 [)f PT We are writing you to express our deepest concerns of Walgreens discount food and drug store with a drive-thru pharmacy proposing to locate at the NEC of Washington Street and Avenue 48. Walgreens does not belong in our prestigious neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought us to La Quinta. We hope you will join virtually all of the the hundreds of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quints neighborhoods. Sincerely, ga c� John &Jacqueline Kalinski 08 INTERFRESH March 3, 2003 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Cade Tampico La Quinta, CA 92253-1504 RE:Walgreens EV Dear Mayor and City Council, 1 11 � �f 2003 ar�r f,+ar�a�Ef7�s �o���r I am writing you to express my deepest concerns over the proposed Walgreen's discount food and drug store with a drive-thru pharmacy, to be located at the Northeast comer of Washington Street and Avenue 48. We feel strongly that the traffic, congestion pollution, noise and lighting glare that are inherent in this type of facility are contrary to the very reasons we bought a home in La Quinta, and we strongly oppose this development. I would hope that you will join the hundreds of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta Neighborhoods. Sincerely, 0 Phil Smith Seer reasurer interfresh, Inc. Homeowner/Ranch La Quinta Country Club f)96 1619 E. CHAPMAN AVE. • FULLERTON, CA 92831-4015 84 TELEPHONE (714) 449-1669 • FAX (714) 449-9168 February 21, 2003 Mayor and City Council City of La Quinta P O Box 1504 78-495 Calle Tampico La Quinta, CA 92253-I504 Re.: Walgreens Gentlemen; u�. pear C�Unc,l CAt�A / ea yjtpz.,- RECF►yED \ MAR 171 z �r �1 7 7 lft 14AR 13 2003 _CFf F LA --'-FA----j QUIN CITY ��ArygGER'S DEPT. I wish to express to you Mayor Adolph, as well as to all 5 Council Members of the City of La Quinta, my great concern of the direction the city planers are taking by considering the proposed WALGREENS Drug Store at the corner of 48th and Washington Street. The reason we chose the Rancho La Quinta Country Chub over others in the Valley was the beauty of the area and the quality of life offered here. Unfortunately, it looks to me that the standards of the City Planers have been considerably lowered in the 6 years I have lived here and my husband and I as well as many neighbours and friends feel very concerned with the direction all this build-up is taking. We can not stop progress... but... we can control what is built and where. And it seems to me that keeping up the standards of our city slogan "Gem of the Desert" should be your main priority. Everything that can be said, has been said by many of the residents of La Quinta in writing or in petitions signed or at the Planning Commission meeting. I hope that all of you will consider opposing the construction of this unwanted and unneeded Drug Store. Keep our City "The Gem of the Desert" and we will all be happier. Sincerely, 46� •i J Josef and Elisabeth Pfeiffer 48-565 Capistrano Way La Quinta, CA 92253 85 From: Cheryl Porr Rancho La Quinta Country Club 78-990 Carmel Circle La Quinta, Ca. 92253 To: Mayor and City Council City of La Quints P.O.Box 1504 78-495 Calle Tampico La Quints, Ca. 90053-1504 Re: Walgreens /iN TA o� 1 L013 2003 CITY 0E-T7 —,oi-U- TA CITY MANAGEtt'S DEPT I am writing you to express my deepest concerns of Walgreens discount food and drug store with a drive-thru pharmacy proposing to locate at the NEC of Washington Street and Ave. 48. Walgreens does not belong in our prestigious neighborhood with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely opposite to the quality of life that brought me to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion it'►to our La Quints neighborhood. I DON'T WANT TO HAVE TO TELL MY HOUSE GUESTS THAT I LIVE NEXT DOOR TO WALGREENS ! ! ! PLEASE, DO NOT LET WALGREENS COME NEAR MY "HOME"AT RANCHO LA QUINTA COUNTRY CLUB ! ! ! ! Sincerely, n M n� L Phyllis Odell CAA 48-270 PasoTiempo Lane La Quinta, CA 92253 March 12, 2003 Mayor and City Council City of La Quinta PO Box 1504 78-496 Calle Tampico La Quinta, CA 92253 RE: WALGREENS Gentlemen: Lq E MAR 18 2M Ci (Y OF LA QUIN rA CITY i"JANAGN'S U�i=PT. I0a We are writing you to express our deepest concerns of Walgreens discount food store with a drive-thru pharmacy proposing to locate at the NE corner of Washington Street and Avenue 48. Walgreens does not belong in our neighborhoods with all the environmental problems their retail use creates. The traffic, congestion, pollution, noise and lighting glare that accompany this use are all completely oopposite to the quality of life that brought us to La Quinta. I would hope that you will join virtually all of the hundred's of nearby residents in opposing this unwanted and unneeded commercial intrusion into our La Quinta neighborhoods. Thank you for your careful consideration on this important matter. Sincerely, Phyllis Odell M ARLENE TURI P. o. Box 1094 LA QUINTA, CALIFORNIA 92253 U.S.A. 14 March 103 Mayor and City Council City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA. 92253-1504 RE: Walgrens Gentlemen & Ladies: I AM VERY CONCERNED THAT Walgrens & associted business are proposing to locate at the NEC of Wash.St. & 48th. al , Firstly this is no place for a commercial enterprise, sitting in the middle of prestigious homes, and on one of the busiest intersections of La Quinta. I am travelling by this intersection daily and coping with the already congested traffic which will double or triple in the immediate future. Accidents are already taking place and to even think of adding to this congested Wash./48th St. is madness. As you recall when the question came up to close Adams street to allow Rancho La Quinta to extend their develop- ment, the City ruling party permitted this to happen which took away our other passage to alleviate this Washington bedlam which is spreading to Eisenhower. Please do not make another mistake in planning ... we are growing ... and with it the traffic. This is a fact. If Walgrens wishes to locate another store to serve La Quinta, it would be better placed in the down town district of La QuintE It would be near the post, Ralphs and the Senior Center, as well as the growing population of La Quinta. Sincerely, m Barry I... Choo jian P. 0. Box 150 48-805 Avenida El Nido La Quintal California 92253-0150 March 19, 2003 Mayor Don Adolph & City Council CITY OF LA QUINTA P. O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 Re: Proposed Walgreens Gentlemen: _IVED MAR 2 7 200 z w, cue; MA III i � I wish to express my objection to the proposed Walgreens development to be built at Washington and Avenue 48. Looking at the site on paper, it may seem like a good location, however, if you look more closely you will see that it encroaches on a very nice residential neighborhood. A retail store of this type at that location will compound the problem of traffic, noise and congestion. These problems already exist in that area now. Also if you consider the established commercial developments to the north and south of this particular location, namely at Washington and Highway 111 and the development at Washington and Calle Tampico, you will notice that either location has room for the addition of this type of a business. Please join with the great majority of La Quinta residents in the area and oppose this development. It is not needed and is not a necessary improvement for the neighborhood Sincerel ; arry `1 PROPOSED CONDITIONS 4-ACRE WALGREENS SITE PLAN NEC WASHINGTON STREET & AVENUE 48 CITY OF LA QUINTA, CALIFORNIA APRIL 19 2003 LIGHTING: 1. Parking light standards shall be located to the interior of the site at a height not to exceed 18 feet or the height of the single story office buildings located within the site.. All lighting shall meet the city of La Quinta Dark Sky Ordinance and newly adopted city lighting ordinance. 2. A photo metric analysis is recommended to determine the actual parking light standard heights, type of lighting fixtures best suited to reduce glare and location within the parking lot, due to this controversial issue. PARKING: 3. Substantially all of the parking shall be located to the interior of the site plan. No parking shall be permitted along Avenue 48. LANDSCAPE SET BACKS: 4. Restore the original 40- foot landscape set back along Avenue 48 and landscape area with mature trees and shrubs to buffer traffic, noise and lighting glare from the surrounding neighborhood. CONSTRUCTION: 5. The Walgreen's facility shall be relocated to the northern property line and a minimum of 150 feet east of Washington Street. 6. Walgreen's tower shall be lowered about 8 feet from its proposed height to break at the 22-foot high roofline. 7. Conceptual Buildings 1 and 2 shall be relocated along the entire Avenue 48 street frontage to buffer parking, traffic, noise and lighting glare from the surrounding neighborhood. CONSTRUCTION (con't) 8. Conceptual Building 3 shall be one-story instead of two-story in height. 9. Conceptual Buildings 1 thru 3 shall be architecturally compatible to the Walgreen's facility. 10. Walgreen's shall commence construction of their facility concurrent with the construction of buildings 1 and 2 to insure that the surrounding neighborhood will be buffered from the parking, traffic, noise and lighting issues created by the Walgreen's facility. CIRCULATION: I. Site circulation issues shall be addressed when a new site plan is completed incorporating these conditions of approval. TRAFFIC: 12.Deceleration lanes shall be provided at the Washington Street and Avenue 48 entryways to ease traffic congestion and stacking. 13.Mitigate, to the extent possible, traffic safety issues resulting from ingress and egress at Caleo Bay Street and Avenue 48. BUSINESS USE AND HOURS OF OPERATION: 14.Walgreen.'s store hours of operation and use of drive-thru shall be from 7:OOAM to 8:00 PM. 15.Truck deliveries shall be limited to a side of the building that cannot be seen or heard by residents. Walgreen's main delivery truck shall deliver product once per week. 16. No liquor shall be sold in the Walgreen facility or on the premises. 17. No other retail uses shall be allowed or permitted on the 4-acre site. SIGNAGE: 18. Building and monument signage standards for the 4-acre site shall be discussed at a separate public hearing. CALEO BAY ----- L M « MF - 40, UNDSCArE SETWK W 00 • rt 7 •T FROM 4 M NOD MY40CAPE Z n mo g m 1 Z m { I rn s (N) I 17 Is I t I ` I I I ,I 0 I , I I I I J II I , w III II { o0 �4II I •� z z�l� 5 m u� i �. Iy is I I oT o I m t I R WASHINGTON STREET f co rn z • CALEO BAY ! ; Y - 133M NOISNIHSV I -1 — — AV8 03'IVJ -- -- --