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2003 10 07 CCe4 4 449ha City Council Agendas are Available on the City's Web Page @a www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, October 7, 2003 - 2:00 P.M. Beginning Resolution No. 2003-095 Ordinance No. 389 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. . CLOSED SESSION NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) - ONE MATTER. T 61 City Council Agenda 1 October 7, 2003 J RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN CORRESPONDENCE 1 . CORRESPONDENCE FROM RICHARD H. ROVSEK. 2. CORRESPONDENCE FROM THE PRESTIGE AT PGA WEST. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF SEPTEMBER 16, 2003. 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 DATED OCTOBER 7, 2003. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF CATERING SERVICES FOR SENIOR CENTER SPECIAL EVENTS. 7 City Council Agenda 2 October 7, 2003 3. APPROVAL OF FISCAL YEAR 2002/2003 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 4. APPROVAL OF FISCAL YEAR 2002/2003 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE CITY CLERKS NEW LAW AND ELECTION SEMINAR IN MONTEREY, CALIFORNIA, DECEMBER 9-12, 2003. 6. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT REGARDING SCHOOL RESOURCE OFFICERS. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 30850, OLD TOWN LA QUINTA, MARVIN INVESTMENTS, INC. -- 8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS, PROJECT NO. 2002-09. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 31599, SEC DULCE DEL MAR AND VIA CORDOVA IN LAKE LA QUINTA, MR. ANTHONY REED. 10. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE WASHINGTON STREET MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2003-09. 11. ADOPTION OF A RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF A CONTRACT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF RIVERSIDE AND APPOINTMENT OF A COUNCIL MEMBER TO REPRESENT THE CITY ON THE ANIMAL CAMPUS COMMISSION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF INVESTMENT ADVISORY BOARD 2003/2004 WORK PLAN. A. MINUTE ORDER ACTION City Council Agenda 3 October 7, 2003 3. CONSIDERATION OF A HOLIDAY PARADE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A REQUEST TO RECONSIDER ENVIRONMENTAL ASSESSMENT 2003-478, SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379 AND SITE DEVELOPMENT PERMIT 2003-778, CENTEX DESTINATION PROPERTIES. A. MINUTE ORDER ACTION 5. CONSIDERATION OF A FUNDING REQUEST FROM THE LA QUINTA HISTORICAL SOCIETY. A. MINUTE ORDER ACTION 6. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS TO PURCHASE REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WESTWARD HO DRIVE AND DUNE PALMS ROAD AND MAKING WELL -SITE IMPROVEMENTS RELATED TO COACHELLA VALLEY WATER DISTRICT WELL -SITE REQUIREMENTS PERTAINING TO THE DEVELOPMENT OF SILVERROCK RANCH. A. RESOLUTION ACTION STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 4. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 8. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON► 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) City Council Agenda 4 October 7, 2003 1 1. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 15. COMMUNITY SERVICES COMMISSION MINUTES OF JUNE 9, AND JULY 14, 2003 16. CULTURAL ARTS COMMISSION MINUTES OF JUNE 12, AND JULY 10, 2003 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING -EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - (NONE 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE 9. POLICE CHIEF'S MONTHLY REPORT - NONE 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. PRESENTATIONS 1. PRESENTATION OF THE BOYS AND GIRLS CLUB ART WALL AWARDS. City Council Agenda 5 October 7, 2003 J 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 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. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE TO APPROVE DEVELOPMENT AGREEMENT 2003-007 FOR A 280-UNIT RESIDENTIAL RESORT UNDER SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379 AND SITE DEVELOPMENT PERMIT 2003-778 FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF COACHELLA DRIVE AND EISENHOWER DRIVE. APPLICANT: CENTEX DESTINATION PROPERTIES FOR LANDAQ, INC. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE ON FIRST READING 2. PUBLIC HEARING TO ADOPT RESOLUTIONS TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-481; 2) GRANT APPROVAL OF DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A 175,200 SQUARE -FOOT COMMERCIAL COMPLEX ON 17.48 ACRES FOR SPECIFIC PLAN 2003-066; AND 3) APPROVE AN AMENDMENT TO SPECIFIC PLAN 98-033 ELIMINATING SEVEN GROSS ACRES AND ADDING THEM TO SPECIFIC PLAN 2003-066. APPLICANT: THOMAS ENTERPRISES. A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on October 21, 2003 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. F City Council Agenda 6 October 7, 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, October 7, 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, October 3, 2003. DATED: October 3, 2003 QR 70�� YAa-f-- JUNE S. GREEK; CMC, City Clerk 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, arrangement should be made in advance by contacting the City Clerk's Office at 777- 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. ►y City Council Agenda 7 October 7, 2003 1 The Honorary Board of Trustees and Advisors Louts F. Eaotle UST and St. Michelle VVmenes Founding Sponsor of the Original Sta ute of Lberty, Ellis Island Centennial Rob Baskin Senior vice President, Coca-Cola Company Fouling sponsor of the original Statute of 1.6my Ellis Wand Centennial step►en gram Former Director of San Diego Museum of Art John burgee Architect for Original same of Lbexty, M Wad Centennial Restoration Nick Cretan President of the Friends of Statue of Lberty, Ellis Wand Foundation Roger Fridkolaa Former President Stroh Brewing Company Founding sponsor die Original statute of Lberty, Ellis Wad Centennial Craig L Fuller President of the National Association Of Chin Dntg stores Ferrier drier of staff for President George MA Riclord A. Grasso Chairman and CEO New York Stock Emliange The Honorable Donald R Model Former secretary of loamor Wilfim Hybl Member International connaana, Former President Unwed States Olympic Committee Rafer joh"on vice adirman of special Olympics United Olympian, Decathlon - Gold "fig x Lang Mang % Partner, Bear steams Peter N.Iacsoa ibe Honorable Frank L L ntteaberg U.S. Smae, New Jersey Edward McVancy Chairman, J.D. Edwards many K&s Former C airpmon. dr CEO Miss universe Pageant Tk Honorable Dadet Patrick Moynihan US. Smote, New York utioony Pace Executive Vice President The Honorable George E. Potaid Governor, New York David S. Pottnack President and CEO tholes Schwab Corporation Rld d IL Rovsek atalrman, M2000 Corporation Charles Urshat Commissioner, Battery Park City Ellea Betk Van Baskirk Senior vice President, Imesi Company WRITTEN CORRESPONDENCE ITEM: �— .. jr' CW FRIENDS OF THE STATUE OF LIBERTY & ELLIS ISLAND Honorable Mayor Don Adolph Via Mail P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253-1504 September 5, 2003 Dear Honorable Mayor Don Adolph and Members of the City Council of La Quinta, As owner of the lot next door to the Allstate building on Calle Amigo (APN 770-182-004), this is a request to convert the vacant strip .of land on the south side of the Calle Amigo between Avenida Bermudas and Desert Club Drive into a much needed customer parking area. Creating sufficient palrlaing in the Village Commercial Area hopefully will always be a top priority for any available City property. Efforts to market the lots across the street from this City owned property to potential small business developers have consistently over time, been stymied by the City parking requirements. Viable development on these lots will not only help increase the City's tax basis but also help to define the village. Failure to provide this additional parking will continue to have a negative effect on future development on these lots and lead to decreased property values and a diminished tax base for the City. The highest and best use for the City of this property would certainly be additional parking. As you have already provided other, parts of the village with help, we the adjacent and nearby property owners greatly appreciate your thoughtful consideration and your continued vision to create a vitally important and greatly needed La Quinta Village. It will not only be a showcase for the City of La Quints but a showcase for the entire area. I don't know if the property owners in the other parts of the Village participated in the funding of the parking, but if they did I am confident the Property owners of the lots across the street from the City property would participate in sharing the cost of any improvements. Please let me know what the next step would be in obtaining City consent to proceed in development of this strip into a customer parking area. Sincerely, G-. t&,� Richard H. Rovsek PO Box 2000 Rancho Santa FE, CA 92067 P.S. We are still happy homeowners in La Quinta and appreciate all your efforts to improve our great community! Congratulations! Cc: Members of the City Council of La Quinta .7 >r 17 BATTERY PLACE, SUITE 913 * NEW YOM NEW YORK 10004 TEL (212) 968-1886 *FAX (212) 968-1892 Statue of Liberty Dedicated 1886 * Ellis Island Dedicated 1892 1 LY w of ubeny or eft. A 501-c3 Not -For -Profit Foundation WRITTEN CORRESPONDENCE ITEM: 9— September 19, 2003 t Mr. Mark Weiss Assistant City Manager City of La Qwnta A NATIONAL P.O. Box 1504 INTERCOLLEGIATE La Quinta, CA 92253-1504 INVITATIONAL W} Dear Mr, Weiss, • that the City of la consider the rrcrsrKI ID We are t K�III.6ERc KRAVIS RnBERTs Co'a� opportunity to sponsor the nation's PPS The Prestige at PGA WEST. GEM CAR tIl" till x7M.Nl."WAVOR90D}IFt'1Wt'1`tl"CH collegiate golf event, NIKE GOLF KSL RESORI'S HFWLFTT PACKARD ]3*ckzMand JU Prestige at PGA WEST vA be staged for the fourth consecutive year. In 20M and 2001, the tournament was During ��y �d The Prestige at Palm Desert. their time period, the City of Patin Desert kfficated - as a sponsor of the event dud was held Ott. { t! nrn F(4M11 NT`; M1't".iNJ{:tiF saxisfaction at Desert Willow Golf Resort. A decision was made to move the tournament is 201- to the La Q� Resort and PGA WEST because of the fact that there was a Special oppo to do so since Kohlberg �. Kravis Roberts and Cody is a major sponsor of the - tOiII' and is also � the investment holding company for rtur,: t r ERv KSL Corp. KSL through that the Objectives of The STANFORD UNIVERSITY Prestige � KSU s co andeffOAS and THI.. UNIVFRSI'iYOFCALIFORNIA. �g KSUs DAVIS thus a strong relationshup was NOVEMBER 2. 3. & 4. 2003 In 2003, the La Quanta Resort Mountain Course bye the venue for the 2003 and 2004 Prestige at PGA WEST. The La Quinta Resort Hotel for the second consecutive year wffl be the "officiar hotel for the event that draws ro. BOX 10823 15 major universities that are amongst the top100 golf based on and haveeceg rAI.�N UESF.Kr CA 92255 universities �tio„auy, The prestige at PGA WEST reaches (7E,0) 202 3334 tea, out to major corporate sponsors Sn Schwab, attends this event. Such companies as: Carhher Nike Golf, GEM Car Din of D�aer� Avis } are esenting Sponsors of The Prestige at PGA WEST. 'dent of KSL Corporation has been M e Shannon, a strong supporter of The Prestige at PGA WEST and participates in this event. 10 Q. A NATIONAL I NTF RCOLLEG wrE I NVI't N IONAL "# 1111111) Wr K01ILNERG KRAVIS ROSERiS & CXI. COW CAR 6 1 e 11 <1jI N:IAI ttl a:llF K.yn 1 nt I tl'I hk.' V I llk'11 NIKE WLF KSL REsom H FSVLFTT PACi►ARD A0 -1#%* 110.41 COVIL": 1A1711MIAI&CNIAIN Cilftsl c•..11cy�ItnRY ` STANFORD UNIVERSITY, THE UNIVFRSITY OF CALIFORNIA. DAVIS NOVEMBER 2. 3. & 4. 2003 ro. WX 10823 PALM UFSFRE CA922,55 47601202 .3334 k%WX16%KTG0VERIZ0N.N ET Additionally, many amateur players from throughout the nation that are supporters of one or more of ftw universities that are participating cometo La Quinta for this event as well as families and friends of the top collegiate players who participate. La Quinta Benefits in Manv Ways The prestige at PGA WEST is positively helping to generate both income and exposure for La Quints through the following: 1. In 2002, 256 room nights were used by The Prestige at PGA WEST during the event, according to information from the La Quinta Resort. 2. Those attending The Prestige at PGA VEST including the teams and their supporters enjoyed meals at various La Quinta area restaurants. 3. Other related purchases were made m La Quinta during The Prestige at PGA WEST event at such entities as golf shops, grocery stores, gas purchases, etc. 4. The Prestige at PGA WEST has found that those people traveling from outside of the Coachella Valley are looking at real estate and possible business investments in La Quinta. Many companies that participate in The Prestige at PGA WEST have stated that they would like their company to consider having meetings and conventions in La Quinta. 5. In related media support, The Prestige at PGA WEST generates m9h'ons of impressions for La Quinta through related media efforts. Through newspaper, television, radio and Internet related tournament efforts, The Prestige at PGA WEST is incorporating La Quinta in media releases. The tournament is featured by nearly all of the universities participating in their related website and the tournament website is linked to the schools as well as the participating sponsors 11 41, fZ A r A NATIONAL INTERCOLLEGInrE I NVITNU ZONAL WI MMInuv K01ILURG KRAVIS ROKER173 &C.'O. GEM CAR 411H !419:MI Nllt:lgrg111�Xrii11►i'ltik.'Vtlih'it> NIKE GCXF KsL RE-soR;rs HF%VI.FTT PACKARD xc a><: I. CICn T�Xt! Ili?+t t't�tlll.l: 1A1SHNIAA.CWNIAIN-l'iAALM Mal IMS-r. c-/F1a�rllt�eri .. .. $TANFORD VNIVEP.5ITY THE. LINIVFR51TYOFCALIFORNIA DAVIS NOVEMBER 2.3. h 4. 2003 Pa. SOX 10823 PALM UF.1FRE CA92M CUM 202 3.334 I► Y&MKTGOVERIZON.NET www.mstige-pgawest.com .w Proposal for La u• to Enclosed please find two proposals for the City of La Quinta to consider in conjunction with a sponsorship of the 2003 Prestige at PGA WEST. The proposals include media related and tournament related elements including television exposure over CBS -TV, radio over three Coachella Valley radio stations and newspaper exposure in The Desert Sun as well as The Prestige at PGA WEST website. The Prestige at PGA WEST has non-profit status under the University of California Regents who this event has been developed through in conjunction with Stanford University. Additionally included is the 2003 Prestige tournament brochure along with the statistics and selected newspaper and Internet articles with regards to the 2002 Prestige at PGA WEST. Thank you for your review, I am available to meet or discuss this proposal and clarify or answer any questions you may have. Sm�x�+ely, Mark Weissmann Tournament Director/Co-Founder The Prestige at PGA WEST (760)202-3334 mwa. mktgna,verizon. net N 4.{ r - V/ 0) cu p •= G }� Cl) m 7 C ° �c V) N r }' b4 O > L r•n. E EZ m ° �� v a�i m (a � -C •U c O G -a (a *- �'' p m L U m c Q. 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Z z .o v0, M o o r cn E L � c a o:� ri)`0 C�v MD 0v0O3 O��o Z"� cL0=da•co 4) = rn I rn° m oo oCL Q ms�c o ° ° rnr��->c 0 Wrn � = Q C �' QccLE j M4) CO L �?a CD � z WjW ooam 0 aaEa Z o E a0i voi to aCi O N N L N 0 0 E-� .0 Vi z E N O O W 1] E (O 3 CDL.. Z �oo Fo-c��~m awe---0.�"aaCw R"oca U) 6000wo C6— k (j) 4) m 04 v 0 o a N TO 0 0 O o Cn 0 00 o cv Co c� `AL- Q n. w no., v V F 4 8 j-J z 0 0 0 LO 6g E C .CL CO 0 i 0 CL U) f+� O CA CL lip, COUNCIL/RDA MEETING DATE: OCTOBER 7, 2003 ITEM TITLE: Demand Register Dated October 7, 2003 C&ho4l 4 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated October 7, 2003 BACKGROUND: Prepaid Warrants: 55473 - 55501 } 45,699.63 55502 - 555171 41,368.99 55518 - 55546) 22,739.04 555471 5,000.00 Wire Transfers) 593,695.38 P/R 31121 - 31279) 243,380.36 P/R Tax Transfers} 659821.06 Payable Warrants: 55548 - 557001 652,233.12 $13,66%937.58 FISCAL IMPLICATIONS: Demand of Cash - City $1,568,437.38 Demand of Cash -RDA $101,500.20 Falconer, Finance Director 15 CITY OF LA QUINTA BANK TRANSACTIONS 9/10/03 - 9/30/03 9/12/03 WIRE TRANSFER - ICMA $10,076.31 9/12/03 WIRE TRANSFER - CREDIT UNION $6,077.00 9/12/03 WIRE TRANSFER - PERS $13,930.70 9/22/03 DEBT SERVICE PAYMENT - FINANCING AUTHORITY $493,882.32 9/26/03 WIRE TRANSFER - ICMA $9,616.31 9/26/03 WIRE TRANSFER - CREDIT UNION $6,077.00 9/26/03 WIRE TRANSFER - PERS $14,035.74 9/30/03 WIRE TRANSFER - RDA ESCROW $40,000.00 TOTAL WIRE TRANSFERS OUT $593,695.38 1 G 2 ACCOUNTS PAYABLE,- AP5005 CHECK REGISTER 11:17AM 09/30/03 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.*** 55548 09/30/03 &02081 MAJEL WILSON 4.00 55549 09/30/03 &02083 WENDY BJURSTROM 8.00 55550 09/30/03 &02084 CHRISTY CLARK 3.00 55551 09/30/03 &02085 MIKYLA ESTRADA 10.00 55552 09/30/03 &02086 JEAN MARIE HARTUNG 40.00 55553 09/30/03 &02087 PATRICK A HEALY 50.00 55554 09/30/03 &02088 DAVID NICHOLS 50.00 55555 09/30/03 &02089 WILFRIDO PALOMARES 3.50 55556 09/30/03 ACE010 ACE HARDWARE 835.47 55557 09/30/03 ADT100 ADT SECURITY SVC INC 430.53 55558 09/30/03 ALEX10 STEVE ALEXANDER 400.00 55559 09/30/03 ALT050 ALTEC 128.13 55560 09/30/03 AME004 AMERICAN PLANNING ASSOC 329.00 55561 09/30/03 AME041 AMERICAN HUMANE 425.00 55562 09/30/03 AME100 AMERICAN SOCIETY OF CIVIL 150.00 55563 09/30/03 AME175 AMERICAN FORENSIC NURSES 256.05 55564 09/30/03 AME200 AMERIPRIDE UNIFORM SVCS 57.32 55565 09/30/03 AND010 ANDERSON TRAVEL SVC INC 666.00 55566 09/30/03 ANW100 AN-WIL BAG CO 801.66 55567 09/30/03 ASM100 A&S MOTORCYCLE PARTS INC 20753.66 55568 .09/30/03 ASS200 ASSOCIATON OF PUBLIC 162.00 55569 09/30/03 AUT030 AUTOMATED TELECOM 77.00 55570 09/30/03 AVA100 AVAYA INC 1249.65 55571 09/30/03 BEN060 MATTHEW BENDER & CO, INC 1028.91 55572 09/30/03 BER150 BERRYMAN & HENIGAR INC 31542.50 55573 09/30/03 BES100 BEST BUY CO INC HRS USE 152.35 55574 09/30/03 BES195 BEST WESTERN GOLDEN BLUFF 378.65 55575 09/30/03 BI0100 BIO TOX 113.10 55576 09/30/03 CAD010 CADET UNIFORM SUPPLY 439.38 55577 09/30/03 CAL237 CALIFORNIA OVERNIGHT 102.50 55578 09/30/03 CAL240 CALIFORNIA POOLS & SPAS 427.00 55579 09/30/03 CAL275 CAL -WESTERN FOODSERVICE 66.73 55580 09/30/03 CAN300 CANON FINANCIAL SVC 3806.80 55581 09/30/03 CAR051 CAREER TRACK 298.00 55582 09/30/03 CAR300 CARQUEST 181.10 55583 09/30/03 CDW050 CDW GOVERNMENT INC 1047.95 55584 09/30/03 CHE050 CHECKMATE EXCHANGE 176.31 55585 09/30/03 CHI005 CHICAGO TITLE COMPANY 6300.00 55586 09/30/03 CLE075 CLEAN ENERGY 75.56 55587 09/30/03 COA013 COACHELLA VALLEY ARTS 100.00 55588 09/30/03 COA071 COACHELLA VALLEY PRINTING 502.64 55589 09/30/03 COA073 COACHELLA VLLY RECREATION 69.00 55590 09/30/03 COA083 COACHELLA VALLEY WATER 29550.00 55591 09/30/03 COR150 CORPORATE EXPRESS 32.31 55592 09/30/03 COU400. COURTMASTER SPORTS INC 5000.00 55593 09/30/03 CVA010 C V A G 2800.33 55594 09/30/03 DES010 DESERT BUSINESS MACHINES 140.40 1.7 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:17AM 09/30/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER 55595 55596 55597 55598 55599 55600 55601 55602 55603 55604 55605 55606 55607 55608 55609 55610 55611 55612 55613 55614 55615 55616 55617 55618 55619 55620 55621 55622 55623 55624 55625 55626 55627 55628 55629 55630 55631 55632 55633 55634 55635 55636 55637 55638 55639 55640 55641 55642 55643 CHECK DATE 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 09/30/03 NO. DES018 DES060 DES065 DET200 DRU100 EIS010 ELM100 EMAO10 EQUO10 EVA050 EXP200 FED010 FIR017 FRAO10 FRA030 GAR040 GCS010 GE0010 GRA007 HAR100 HIG010 HIG050 HIL150 HIN010 HOAO10 HOM030 INF030 JAS100 JPRO10 JUDO10 KRI100 LAN220 LAQ030 LAQ100 L00010 LOS050 LOW100 LUN050 MON350 M00095 MOY100 MUN010 NEX010 NIC101 OFF005 ORS100 OVE050 PAL400 VENDOR NAME DESERT ELECTRIC SUPPLY DESERT SUN PUBLISHING CO DESERT TEMPS INC DETROIT INDUSTRIAL TOOL DRUMMOND AMERICAN CORP EISENHOWER IMMEDIATE CARE ELMS EQUIPMENT RENTAL INC EMAP DALE EQUITZ DAVID EVANS & ASSOC INC EXPRESS DETAIL FEDERAL EXPRESS CORP FIRST CHOICE SERVICES MARNI FRANCISCO FRANKLIN COVEY GARZA TURF & POWER EQUIP GCS WESTERN POWER & EQUIP GEORGE'S GOODYEAR W W GRAINGER INC' JOHN HARDCASTLE HIGH TECH IRRIGATION INC HIGH TECH MAILING SERVICE HILTON FARNKOPF & HINDERLITER, DE LLAMAS HUGH HOARD INC HOME DEPOT INFORMATION RESOURCES JAS PACIFIC INC JP REPROGRAPHICS JUDICIAL DATA SYSTEMS COR BRUCE KRIBBS CONSTRUCTION LANDMARK GEO-ENGINEERS & LA QUINTA CAR WASH LA QUINTA VOLUNTEER FIRE LOCK SHOP INC LOS ANGELES TIMES LOWE'S COMPANIES INC LUNDEEN PACIFIC CORP MONTICELLA-CCC,LLC MOORE MAINTENANCE & RICARDO MOYA DBA MUNI FINANCIAL SERV INC NEXTEL COMMUNICATIONS ** AP CHECK RUN VOID ** NICKERSON & ASSOC INC OFFICE DEPOT INC GARY L ORSO ASSESSOR OVERLAND PACIFIC & CUTLER PALMER COURSE DESIGN CO PAYMENT AMOUNT 256.27 3366.10 3556.21 305.22 1516.14 70.00 4982.18 125.00 25.00 35594.44 1290.00 528.18 281.76 38.17 160.27 509.44 7880.03 82.50 315.46 1000.00 13.79 3519.92 1422.50 1254.48 902.30 2424.35 125.00 15851.68 2192.15 138.64 7807.00 2197.50 12.95 2580.00 137.58 48.00 219.93 6961.92 63050.06 5206.00 1330.00 5175.30 1321.11 17160.00 704.72 27.00 1265.00 2151.00 18 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:17AM 09/30/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 55644 09/30/03 PAR030 PARKHOUSE TIRE INC 963.70 55645 09/30/03 PET100 PET PICKUPS 530.62 55646 09/30/03 PIT010 PITNEY BOWES MAILING SYS 1366.00 55647 09/30/03 PRE015 THE PRESS -ENTERPRISE CO 620.49 55648 09/30/03 PRI020 THE PRINTING PLACE 4453.53 55649 09/30/03 PRY050 FRED PRYOR SEMINARS 129.00 55650 09/30/03 PVP100 PVP COMMUNICATIONS INC 1640.55 55651 09/30/03 RAL050 RALPHS GROCERY CO 163.96 55652 09/30/03 RAS020 RASA - ERIC NELSON 10527.00 55653 09/30/03 RES005 RESERVE ACCOUNT 4000.00 55654 09/30/03 REV050 REVENUE EXPERTS INC 858.00 55655 09/30/03 RGA100 RGA LANDSCAPE ARCHITECTS 3537.50 55656 09/30/03 RIV045 RIVERSIDE CNTY ECONOMIC 5000.00 55657 09/30/03 RIV100 RIVERSIDE COUNTY SHERIFFS 24682.00 55658 09/30/03 RIV110 RIVERSIDE COUNTY SHERIFFS 3532.80 55659 09/30/03 RIV325 RIVERSIDE RUBBER STAMP 48.52 55660 09/30/03 RON100 RON'S TOWING & STORAGE 138.50 55661 09/30/03 ROS010 ROSENOW SPEVACEK GROUP 51313.19 55662 09/30/03 ROW100 JAMES ROWE 25.56 55663 09/30/03 RUI100 JOHN RUIZ 8.46 .55664 09/30/03 RUT050 RUTAN & TUCKER 52697.40 55665 09/30/03 SAN005 SAN BERNARDINO COUNTY SUN 168.00 55666 09/30/03 SAX100 SAXON ENGINEERING SERVICE 4130.00 55667 09/30/03 SHA030 SHANGRILA 250.00 55668 09/30/03 SIE075 SIERRA LANDSCAPE CO INC 3630.00 55669 09/30/03 SIM020 JAMES E SIMON CO 25194.90 55670 09/30/03 SMA010 SMART & FINAL 705.98 55671 09/30/03 SMI150 MALCOLM SMITH MOTORSPORTS 58.33 55672 09/30/03 SOCO10 THE SOCO GROUP INC 32.07 55673 09/30/03 SOU004 SOUTH COAST AIR QUALITY 276.77 55674 09/30/03 SOU007 SOUTHWEST NETWORKS, INC 5186.69 55675 09/30/03 SOU008 SOUTHWEST MOBILE STORAGE 215.50 55676 09/30/03 SOU100 SOUTHLAND GEOTECHNICL INC 1246.00 55677 09/30/03 STA040 STANDARD & POOR'S 16000.00 55678 09/30/03 STA045 STAN'S AUTO TECH 1015.09 55679 09/30/03 STA049 STAPLES BUSINESS ADVANTGE 2710.52 55680 09/30/03 STE003 M W STEELE GROUP INC 30404.53 55681 09/30/03 ST0040 CAM STONE'S AUTOMOTIVE 109.94 55682 09/30/03 SUD100 SUDHAKAR CO INTERNATIONAL 45145.47 55683 09/30/03 SUL100 SULMEYER, KUPETZ, BAUMANN 51.15 55684 09/30/03 SUN075 SUNLINE TRANSIT AGENCY 713.25 55685 09/30/03 TER010 TERRA -CAL CONST INC 9900.00 55686 09/30/03 TKDO10 T.K.D. ASSOCIATES INC 349.82 55687 09/30/03 TOP010 TOPS'N BARRICADES INC 112.49 55688 09/30/03 TOP100 TOP OF THE LINE SIGNS 105.00 55689 09/30/03 TRA007 TRAFFEX ENGINEERS INC 5477.00 55690 09/30/03 TRU010 TRULY NOLEN INC 779.00 55691 09/30/03 UST050 U S TOY CO INC 259.00 55692 09/30/03 VAL005 VALLEY ANIMAL CLINIC 80.00 s 19 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:17AM 09/30/03 CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK NUMBER DATE 55693 09/30/03 55694 09/30/03 55695 09/30/03 55696 09/30/03 55697 09/30/03 55698 09/30/03 55699 09/30/03 55700 09/30/03 VENDOR PAYMENT NO. NAME AMOUNT VAL200 VALLEY PARTNERSHIP 144.00 VCA100 VCA CODE GROUP 3364.57 WAL010 WAL MART COMMUNITY 13.38 WIR100 WIRELESS WEST 101.28 WLC100 WLC ARCHITECTS INC 6949.00 XER012 XEROX CORPORATION 356.81 YOU100 YOUNG ENGINEERING SERVICE 2345.00 ZUR050 ZUMAR INDUSTRIES INC 112.06 CHECK TOTAL 652,233.12 6 20 N H N M v to M d' u-) lC 00 01 O H E-+°Z M O O M 01 H U �O C d' C d' d' d' tC kD ko W C C -0 O W F H N N N N N N N H H H r-4 N N N U iy,' 01 ON 01 01 01 01 Q1 01 m m 01 0% 0) M O1 W pq E+ F F F F F F F E+ F-E F F F F F r O Cl O O O O O O O N M H H Ln 0 O E-+ o 0 0 0 0 O O Ln Ln w h w o 0 0 H Z 43 F fM `z H N LO M OD N M w M M O `n H FC F� a O O o 0 0 0 0 o h 0 0 0 o O o o LO c sr ao W ri H o q A o M M w w `o a W > 00 ° z > o a F W H w H F m° a F a a a a0 `�0 H0 a0 0 k] z H 0 H F COS F H0 U) F F E-4 0 F E a0 04 F W F F A O w tf)W w > > O H W4 0 C4 Gq p4 G4 FC W 4 AG P4 W W W W Azz zz zz zz zz zz aaaaaz zL) zz zz H w w> w> 12 >>> r44 > w>> a a a a a> w a a a a x a w m w 0 w a s H A f�G N OD N r 0 O o H O rn M M a qw o v M O o z H Q H '•7 d' O O O M O N M o 1.0t0 H z M Of a a O O O O O U') LO A H a a a a ao aD ao w u') Ln H a4 a a w w m a 1 O O w F w o 0 0 0 o H H H r o 0 o r N un W o 0 0 Un o H H H a o 0 0 Ln H h pa O O O M O M M M ao 0 0 0 %0 t0 N .�7 r 01 t0 01 r M 01 Ol M M m M M H 01 z H H M M M M M ko w EH z o 0 0 0 0 0 0 o M h h r H h H 0 0 0 0 0 0 0 0 0 o o Ln Ln Ln Ln o O O O 0 O O O O O M M M N /M r1 U (,) H H H H H H H H H H H H H H H a o O o o O o o O o 0 Cl 0 0 0 0 H H H H H H H H H H H H H H H M O a b � (9 V) W U z H )UU U z H i W EE-H 1.4 H a 3 � U)i W H 04 a 0 U z w O 3 A z 3 A A z 3 A A H>z C44 > a Cq 2 /paof a4 Nz IU a m o � H a I A4 � U Ha' F a o D A w a 3 W Q W W W W W U) 6+ W U) F z0 > p 0>4 U E 4 H 0 o N M 0 o N C OD O N Ln OD O N OD o N 0 0 N OD 0 N rn OD o N o H O w 0 0 H H o 0 w W 0 0 H H 0 0 W W 0 0 H E-H 0 0 H E+ UrC U O w 0 w 0 w O to O w o ka O w O La U U U U U < A RC A RC 7 o l r-I N 1- M sr w 01 H 00 Ln 1- O 00 0) N H H H H H H H H H H H H 0. 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H co M 0o ao m a w w z a E a 4 U,e) 4 m rC ao A E 0 z H w w w o U) W O W W U U A W w W w w F E-+ >+ z I t z z z 44 >� Ol a a a t4 a cn w W H 0 S 4 4 4 4 z z as W a 0 a 0 a4 0 aa O U) z E V) E U) E-H V) E•L V) F w E U O U) D U) A cn W E4 E+ E-E E H E-t F z 0 > rn rn rn rn rn M o O o Ln O o o O o 0 0 40 D cp '0' ep c� O d' O 0 t- ri .-I r-i r-1 r-I r-I CD O >+ 0 0 0 0 0 0 o r-+ r-1 0 0 0 0 0 0 o r-I U E-L 4 4 4 4 4 w 0 A a z x o4 ca a a a a U H E+ E E E+ E•L E E D D D w W �4 O O O O a U V) cn V) V) V1 U) cn cn U) U) H E E H E E E 26 00 m O .-i N M V' u') lD r 00 ON O r♦ N Ll7 0 ko ko ko W %D LD ko %D Lo r r' r Q ri T--1 r-1 H •-i ri r-1 H r-i ri ri W--1 r-1 H E Z M O O M r-1 01 N U �O 10 tD 1p tD 1D lD tO 1p �D LD lO lD lD lD O W H N N N N N N N N N N N N N (14 N 01 m m m m 01 01 01 0) 0) Ol m 01 m 01 W {� H H H E E+ H H H E H E E-H H H H r o O' 0 0 0 0 O O O O r OD co O N O E+ O O O O O O O O O o Ln M N O 00 r-1 z E W z r Ln 0 Ln N r1 w Ol O a V M rr Ol of E a r u) V r M 00 OD Ln OD IV H o rn }i 0 cr r-1 M Ln M a Q 0 0 0 0 0 o r 00 w o O O O O O 0 LO M N O U") W r 0) A Ol O -W M r i O1 o W r r a Ln 0D a H 0 �r r� r N H m r i H LO W U W W > Z o w w w m 0 0 0 0 A w a a as U a � w z a 4 H� H z E a a a a a A 4 H a O 4 H 4 H H > 4 W H E o f H EF A O 0 a o 0 0 0 0 0 0 o O O 0 0 Q x o O a W H E-E E E a a a a a a E A E E a4 a E E E a ►> a a H a A U o 0 0 0 0 o 8 a 8 U OH S U o of x w pH 0 Cl W a O a a° L] Z U U U U U U C9 > `� > ") A w U A Z H a Q w W a w w w H H cU) w > �' H E E H H H w w > w > > > H > > o o o w w w w w w> w a to U w w w w a w a > W a cn 3 a U w w U W qw V' 0 O ri m LD M O H O O N O O H N O m Q W \ O O H O O ri r-I O OD N > 1 H O O O O O O O N r-1 r i z O 1 1 I 1 1 1 ri kD r m O H A H 1 tD \D w ID M w (A r-1 (7 LO o r♦ LO H z M w LD w w ri w O 01 ,"� r-I O LD r OD A O 0 0 0 0 r-1 O OD w Q', cn O Ln H H H .14 a ao W w a 1 O 0 w E a O w r r r r r c O r O O 0 N W O M O M M M M u1 V 0 V O w O O CU O w w LD w %D LO O Ln O lD O 00 Ln m (n m m m m M LO M LO M Ln Ln M ;z O O O O O O O w O O O O M O O E z N r-I N N r--1 r♦ r r-I M C d' N M O M :D Ln Ln Ln O u1 Ln Ln ') Ln O Lr) O Ln N Ln O a N M N N N M N M ra (r) N H r ri U U O o 0 0 0 0 0 0 0 0 0 0 0 0 0 r-1 r♦ r-i r-1 TH ri r-I r♦ H r1 ri .-i r-1 V H U z U H H O a 0 x H H O LO W U U U U U U U co z H W W z z z z z z U a w O In E HH H H H H H H W U 9 1 r$ 0 z z W z W z W z W z W z W 0 ►-+ z E 0 a U o U w 3 w H 0 a W E W a a A a a a U a U) H x a 0 AZ H x o z 0 z 0 z 0 z 0 z 0 z >r a W A H U U 01 w w w L) a >C >• w a g w >a a a >+ ra a >+ a >+ A a >i a a >+ a w EO-4 �' A a � a W H a o wa to z H H H E-E E 4 H H a > > > S 3 3 x E bu W z O > r 0 0 0 0 0 0 0 Ln O O O O O N m O ri ri r i r-1 ri ri LI) O O o r-i O O r-i 41 O >+ O O O O O O O O O N ri 0 r-1 r-i O U E a 0 O O 0 0 E a a A a U a U H 9 a a a a a a a a U a H a w rC U E-r E H E E H H > > > 3 3 3 >C 27 M Lo sr l0 h h h h O r-I r-I '-I r 4 E4 z M 0 0 M N N (xj l� lG l0 1D o W E+ rn 01 m m WC�0 E4 E-4 E-I Ei h a Ip H O t0 O E-4 r-I OD O O H z E4 W z ui 1c In Cv O .I M H N a ri o �c 00 0 0 l0 I1� N L r-I N H Q > 4 CO o a o o z o E-4U E H E-4 U E-+ A H a v) U) C4 w a U) ac x S US L) w Izi H w W W W N P 0 0 0 cn U cn a cn w w IU-I A o4 o C14 > I ,7 OQ h 1w tl1 01 H A H O1 -W 0) N r♦ I N Vv H z OD 00 M m A ,-I H O LO a m w as a I o o w E-4 x N M r M W o o �r M o o LO o .7 M M In m z O O O O h h t0 h E+ z M M M LO LO U') to O ri r-I M d' U U r-I r-I '-I r-I rC O o O o - r-I ra r-I ra w U H a W U v� z M H O z z C9 O O O z cn to H P-I H W a E + E+ G4 ►-+ a W Ea+ I o o z v� rC a a H a z paq H U U W ►-I �C D a a a $ 0 N E4 w z O N N O O 50 >4 O Cl O W W U FH-I O D N H M M N N ko Q E4 O E4 E-+ z a 1 A H a W G7 I O E-4 28 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.*** 55547 09/26/03 STE070 STEWART ESCROW CHECK TOTAL 1:02PM 09/26/03 PAGE 1 PAYMENT AMOUNT 5000.00 5,000.00 43 29 cn O E4 O Z to O Cw7 W � GA W E-E O V-1 .-+ F+ z Ei p O O o O O 0 a LO ui 0 0 o o o a - U') O E-4 E4 z w W o H a c o W E+ w H H a v CA a a low g p W O H Q W > fr�7 M I p a 0 H A p H 04 0 m U') O E-H HY, a w w a I O O w Ea x w o o z E-H z o rn o O U U � N N H O 04 O W 1 U W H W a H 5 a w g E1 cn z cn z o O A r- O �H o U E4 W U H E4 U U) 30 44 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:37AM 09/25/03 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.*** 55518 09/25/03 &02090 LUIS BARBERA 450.00 55519 09/25/03 BRO100 SHELDON BRODSKY 75.00 55520 09/25/03 CAL167 CALPERS LONG-TERM CARE 85.39 55521 09/25/03 CAL300 GARY CALHOUN 75.00 55522 09/25/03 CAR070 CARDIFF LIMOUSINE INC .275.00 55523 09/25/03 CES100 CESA-IR 225.00 55524 09/25/03 CR0003 MICHAEL CROSS 75.00 55525 09/25/03 DAN200 DANONE WATERS OF NORTH 131.50 55526 09/25/03 DEN100 CRISTINA DENIEL 75.00 55527 09/25/03 GAT030 GATEWAY COUNTRY 1455.00 55528 09/25/03 HEM200 NICOLAS P HEMES 75.00 55529 09/25/03 HTE100 HTE INC 2599.46 55530 09/25/03 IMPO10 IMPERIAL IRRIGATION DIST 1.2091.38 55531 09/25/03 JON130 MARCIA JONASSON 516.00 55532 09/25/03 LAQ050 LA QUINTA CITY EMPLOYEES 582.79 55533 09/25/03 LOU100 ELSE LOUDON 75.00 55534 09/25/03 MAH100 CYRILLE P MAHFOUD 75.00 55535 09/25/03 MOU100 DONALD J MOULIN 75.00 55536 09/25/03 OLA100 MILTON OLANDER 75.00- 55537 09/25/05 POW300 POWER PERSONNEL INC 1480.00 55538 09/25/03 REY050 ELAINE REYNOLDS 75.00 55539 09/25/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 55540 09/25/03 RUI100 JOHN RUIZ 225.00 55541 09/25/03 STA044 DARREN STANLEY 62.50 55542 09/25/03 STJO10 VICTORIA ST JOHNS 75.00 55543 09/25/03 TIM075 TIME WARNER CABLE 789.90 55544 09/25/03 UNIO05 UNITED WAY OF THE DESERT 182.00 55545 09/25/03 USD050 US DEPT OF EDUCATION 170.83 55546 09/25/03 VER200 VERIZON 165.79 CHECK TOTAL 22,739.04 45 31 H N H . I lD M ep to LO O co N tD N N N N N N O F z M 0 rn H U C� C7 C7 rn C� C7 C7 C7 C7 C� C7 C7 C7 o w H E E E E E E c� a w w W 0) W w w w w W w w w a Otl E E E E F E E-+ E H H E H H M M O O O 01 O O O O O O O O lD H E 0 0 O M O O O O u) O O O W H Z H z O O N to U' N t1) H <n Uo V; Ol C) LO r OD r N N r r Ln r O N a 0 o On o O O 0 0 0, 0 0 0 o M 0 0 (D o LO 0 o O H H If) H a to U-) Lo Er-�4 rELn C7 r a OD 0 r a r z N C7 r M H W z E N O N H H o r -W H r H H � U •�y' � a a s E a ?FUrr a z a s dOa a a s a s a a a 4 cn 4 04 O F o W 4 U 4 rC ca rC a d M Q z W W H H E a F > E H E a E > H U H 04 E � E E E O U U o 0 1 0 w 0 E O 0 cn o > O 0 0 o x 0 W H U C� H F H E Q H W H H CO E H E U H Q H H a w U) a a s +� a H a a s z a H a U a W a W a a s >w 0in �S 2S zS °aS aS zS z w w w> a> a> > a> o> a> z> 04> �> W H cn D D w H W w W w w W z w w W a w E w cn A a s L) a coy E U U 0 H W U H w w U W M M M 1 M M H o a 0 0 o u) 0 0 'OJ I > P N N lD N 00 N N M H L] H a a a r a r a a rn H z W W eP W w W M A fn (/) N !n u) fn w O H .Y. a ao w oa a 1 0 0 w H a %D o 0 0 0 0 0 0 0 0 Ln o N W U-) O O O O O O 0 O O M 0 H Vw O O O O O O O O O H O 00 M 01 OD 0) M h 0) H m H 01 M z m w O M O O M O m O N O O w N LO N un r lD U-) tD Ln H Lf) r E+ z O O H O H M LO H H H O H N o o Un o LO Ln u-) LO o Un o Un o O O O N 0 N N M N M 1 O N Ln UH H H H H H H H H H H H N O O O O O O O Co O O O O O H H H H H H H H H H H H 1O x U rzi O M z LO >4 vHi w a W aa �I P4 O z W z O W W W awC a W W a O o H a E ca O W z z �, w a a z w U H z >4 oo w S w U H ` z H H a cn En a a o 0 U) w 0 °' S a s x '� °� w H W H E Gci W a s w C7 U z U E A U C7 x S t z 0 > o O o r o 0 o M o Cl o O o D rn rn o O h o 0 0 o M o O 0 }H O O H H m O .-i O N .--4 O N H H o 0 0a �a �a °� w a W a w H Q U La w ao U U U U U x 32 r 0D N M M N 0) r 1 00 r1 r r-i Ol O ri V N cw H r-4 O E4 z M O N O NON W a U E a Lq U' E w H C7 E W E-H rn m 0) E+ 0) 0) rn H U E w F C7 w F C7 E w F C7 w E C9 w H C7 w E C7 E E 01 E U' F M M rl E Nko O M O O 01 r O o O O O o Co o 110 L C' C O O O Ln O O z w i+ E z Om M OD N 00 0 00 t0 N OD U')r [� r to r 00 0) 00 H 0D u1 r N �J iI1 N N N 0) Gaa 1.0 eh 0D M O O 01 r O O O O O O O O O O O O O LO 0) N 01 N co 4 O U) 1p r 1 o A W N O N CD r E N � r OU i' O to � r W O � f W >4 o 00 O to CZ-4 A l0 H �' xj Un z O U H I-0 U) W 0 > z H z O H 1a•1 U w A E 4 O E-E z U >> fn Hx F w a W UE-4 cn Hx F w> s W O E z 0 1 J .� A W \ a E 0 EH o o z a I yQ rEZ4 A a> \ a F O F p z E H O H p M z a> ° U Q a rC H O H F wa oS En z >> z H A �a P4 H o F F O AE-E v) z >> z H A a FC H O E H w a O w z >> z H U >> V) U z o U U cn E1 z> o U a� H O F o z e. a E E O H 8 O z a> ° U �a O F I O H N a rp o z a> \ a z 4 > a W F W U H O w W A 1 z w M tO l0 01 M to M O O M O O N M O O N M O O N Ol N to M O O N z q H z E z 14 O 0 Ln 1-4N O 0 ul) a W c4 a W cn a W W a w u) m N LOU') to O M t.0 a W v) H .Y, a w w ao a 1 O o w H x W o O 0 O 0 O o 0 O O 0 O O 0 Co O 0 O o o O O M Ln fn Ln O O O O O O z r N l0 r N t0 r-1 N N M N N O Ln O U') 0) O LO O U-) to O Lr) to O U') 01 O U-) H N N M M r1 E 9 O N O N r UA M O O O O O O r•-I LO N r-1 LO H rl to . r1 Lf) H 10 Ln eP N Ln V' .-� Ln N O O O O O o U U O ri O O H O H O H O O r- O r1 O r-1 r-4 O H 1-4 O r-I r-I O r-1 O r•-1 A u A co A W >4 H U O z 0 'z 0 H7 M O A E�H W a W U z U zA7 H EE-4 I w a Ea• z Ol x S a H �a a w H s H s w H c .09 O �' H U u Q z H a a oz A o a w W a w r7 a H U o �' A z r� �A i 1 ° z O H H o w w a W O a o a w s W O s z w W z H w u W U) a w H x N G4 z O h z M O U a o �r E-E u > o r-i O a H 0 T-4 O s 0 M z 0 U 01 0 O O 0 O 0 o D z 0 O 0 0 0 0 a 0 0 0 s 0 U') w a 0 d' H a 0 O D a 33 47 Lr) r N (M er Un k0 E O z M 0 Ln N rn M U 0) C7 C9 C7 rn rn U C7 C7 o 94 W W W 0) 0) W W W 4 0) a pq E E E-4 E E+ E E E E-4 M M O O u") U) O M uO l0 O v� E-4 Ln O 01 M O 00 H o LO O z N 01 N O r a1 a; 01 1p r 00 01 OD r C N OD M O a ' N N O O O O O M 01 O Ln O m O 00 r r1; N U1 01 N W O Ln a r ao °r-A N cn z r- E 0 I E 3 � z w A cxn a z a a vi U) a H a x a a >4 FC U ra+ W w RC z 4 w z E C7 EE+ > E U U E a E U E a E w O O 1 O W O U U O 1 O 1 O H O W H E E E RC Q E+ E E E � ►U-i a Iz 4J z Ems+ a E-4 E-4C4 a 4-1 a > E> G4 o g z a g A g w D w g H w > W W w z W In w w a> z w z °x w 1 Q A4 O z z> 1�1a> x cn a U a a w E w A H H A O4 O O O � rn OD LL O r-I r-1 l0 O 00 I N O z z 2: O 01 m 0) Oct H A H 'J a sP V Hz p cn O O r Ln Ln E a W 1 O O w E x o 0 0 0 0 0 0 0 0 w o O Cl 0 0 o O o 0 pp o o O o 0 0 0 0 0 rn m Ln ra U') Un uO z N O O O N N c+" 1 fM M N Ln w %0 N N w w w O r-4 N N O O M M M O Ln O O O O ul to Ln O O N u1 1n O O ri r-I r1 U 9-4 ri N N H H u Cl O O O O O O O O r� H In to E -a w U) w z ca o M H x o z a s u a U o w w z a 0 a z a 0 0 D z 2c 2c In 0 E H ° as a a a g u U)9> W En z A > H H 9 43 o 0 Oul) U') 0 0 0 O lw ,-+ r r o u-) o 0 0 0 >4 O O 0 0 O O N N N z w a V H Eli Ems• H H w w RC U cn W E E D a>> 34 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:22AM 09/18/03 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.*** 55502 09/18/03 &02082 DAVID SACCULLO/CHOICE ENT 100.00 55503 09/18/03 COA080 COACHELLA VALLEY WATER 23179.08 55504 09/18/03 DAN200 DANONE WATERS OF NORTH 484.03 55505 09/18/03 DUN200 KATHY DUNHAM 115.42 55506 09/18/03 FIE075 FIESTA PLUS 61.65 55507 09/18/03 GAS010 GASCARD INC 3268.97 55508 09/18/03 HTE100 HTE INC 7452.38 55509 09/18/03 IMPO10 IMPERIAL IRRIGATION DIST 3337.01 55510 09/18/03 POW300 POWER PERSONNEL INC 2213.40 55511 09/18/03 RIE300 KRISTIN RIESGO 21.51 55512 09/18/03 SAT100 SATOR SPORTS INC 211.93 55513 09/18/03 SMA010 SMART & FINAL 107.46 55514 09/18/03 SOU002 SOUL OF CHINA 258.01 55515 09/18/03 TYL050 ROBERT T TYLER 75.00 55516 09/18/03 VER200 VERIZON 451.14 55517 09/18/03 WEI050 MARK WEISS 32.00 CHECK TOTAL 41,368.99 19 35 16O E z rn O OD r-1 H x o cW9 a °Q OD r-I H z E+ W z O a i H GHi O H z co4) H U) W A w w U W H A a z I z z H A H z A x a 00 w w a o O w E a W z E-E 9 O U a M o' 0 N a i W H a z N M C 0 w r w m O ri N m v 0 w Ln w r w 0) O H N m H H H r-I H v 'W H H H H r-I N N N W E+ W E-+ W H W H W E W H W H W H W E-F W E W E-+ W H W H W H W E-H W E W H W E 4 W H w H W E W W E H O O N OD 19V 01 Lf) d' N -4 d' M w r 0 N Lo r-I 0 O w O OD r w N O w O w M r-4 Lo w Ln N O O N cr . Ln w OD 01 N w . O. O 14 M 4 H N (1 r4 C 0 M (4 Ln (M OD r� M M r-I OD r O Oo M .-4 N IW U; 0) o. a M. 1n O. 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E H E H E H 2: H z H E H O a O s H 04 4 O O O Cn H > 37 'may C1 O e-1 N M RGCi M cl' C eP C �1' E z M 0 O O W H E E E E w oao EEEEE O O Ln -4 qW O O I N O .-1 Z E W z -W O N m co M N M O � a � o �-1 N Ln M a E o a a z 2: E z E W H Z A F E F o04 O H U) Ui Cn U Fr A H U) z z z H z W U W x x a H> z> o x Cl) w w w H W a w w 1 J rI N O M N H A H -w r-I .--I to .-1 H z w d' a ai w w a I O o w E x o O o 0 m o w o o O kc r-4 o W o o O w kc O z C) o c o o c E-H M �n 0 0 0 0 N r I M to d' v 1` U rl H N r-1 r-I H a O O o o O O Ln � � V M O O N a a � E W �W N N yi OI N N N x a a a a z a Er)� >>> WS z 0 > o 0 0 0 0 0 O O o O O O Ln U Ems+ a s a a a > FC U > > > > lJ 4; k1b"I ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:17AM 09/11/03 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.*** 55473 09/11/03 ATT075 AT&T WIRELESS 302.76 55474 09/11/03 CAL040 CALIFORNIA VISION SERVICE 1111.26 55475 09/11/03 CAL167 CALPERS LONG-TERM CARE 85.39 55476 09/11/03 CAN050 CANADA LIFE ASSURANCE CO 599.28 55477 0.9/11/03 COA065 COACHELLA VALLEY PARTY 1387.00 55478 09/11/03 COA080 COACHELLA VALLEY WATER 1098.02 55479 09/11/03 IDE050 IDEA ART 66.60 55480 09/11/03 IMPO10 IMPERIAL IRRIGATION DIST 691.39 55481 09/11/03 INT350 INTERNATIONAL PAVEMENT 23511.45 55482 09/11/03 JON130 MARCIA JONASSON 516.00 55483 09/11/03 LAQ050 LA QUINTA CITY EMPLOYEES 556.79 55484 09/11/03 MOR150 MORRIS DESERT MEDIA 500.00 55485 09/11/03 PAL005 CITY OF PALM DESERT 15.00 55486 09/11/03 PER065 J PEREZ DBA VYLANIS 650.00 55487 09/11/03 PGA100 PGA WEST 400.00 55488 09/11/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 55489 09/11/03 SAF020 SAFEGUARD HEALTH PLANS 5841.11 55490 09/11/03 SAT100 SATOR SPORTS INC 869.23 55491 09/11/03 SMA010 SMART & FINAL 253.81 55492 09/11/03 SOU010 SOUTHERN CALIF GAS CO 576.57 55493 09/11/03 SPRO10 SPRINT 839.61 55494 09/11/03 STA044 DARREN STANLEY 62.50 55495 09/11/03 TWI100 TWIST & SHOUT DISC JOCKEY 200.00 55496 09/11/03 UNIO05 UNITED WAY OF THE DESERT 182.00 55497 09/11/03 UNU050 UNUM LIFE INS 4083.52 55498 09/11/03 USD050 US DEPT OF EDUCATION 170.83 55499 09/11/03 VER200 VERIZON 556,21 55500 09/11/03 VER210 VERIZON INTERNET SOLUTION 84.80 55501 09/11/03 WEI050 MARK WEISS 62.00 CHECK TOTAL 45,699.63 r3 39 a z OD 0) 0) r-i ►- 00 O ri N M V' to 110 N m lM M M r-1 r-i r-I r-I r-I O E-E z M O ri 01 H U Ur C7 01 01 01 01 Ur C7 C7 C7 C7 C7 Ur O1 0) o w H E rn 0) rn rn E E E E g rn m 0, rn rn w w w w w w w o, m a H H H H H H H H H E+ H H H H H Ln -T N 1p 01 N \0 O O N O O Ol LO O 01 O E-+ V' M N M ►- Un O V' N C l0 M V' O t� W Z N O r-/ 11n ri 1 ♦ lD lD ." 'J OD N r I OD In V' OD M M N l0 0) rl �-4 to N H In M l0 qr w In 1n In 0 r-I r-I M 0.1 N lD tD M 00 O N O M rn O !� N M N O O l0 M V' O a N ri (n 1n 01 z 9 O z lD r1 r-I W l0 D ry' o r-I ,a co 0% [4 OD 01 C9 kD 01 ri a U M u) ClO ZLn a W� U M N � a a h U z H H U v>i Cw7 W z � a o �u u a z O W E 4 fY+ H 0 H H H H H H W H H C7 H �l O 1, O O 0 O O z 0 a O O I O I. w U H a vi H H � 0 z }+ H O O H H U U H U M H W H z H � H H a H x� a H a 41 a 8 U) co a 8 a 8 >>> a 8 w a � 8 x x " 8 o a H 8 4.) a 8 +1 z U w a 0 8 z z 8 o z � In z H H z 13W z a a a z M z z z z 0 z -4 0 H V] W W W H W W W 0 W H W W W. W W O W W > W W E-F > W a > a W o a H > > o cn > H a \ > G+ H La A > 9 Ol H H H > z > W \ \ cn 3 U > a a Q w 3 3 3 cn a a a UW cn rn H H 0 a 6.0 N r- p • W ►r cv Ln V > I > W V a m r r In o 0 o m z z F. U') N r1 M M Ln r-4 r-1 M -W l0 H A H a M O O W w 1- M M r- M 00 H z N N r-I In In O V' O V' M M r-f 0 OD OD Oa r-I H 1n H x a x w as a ► O o w H a O O O O O O N In N O O M Cl O W w %D O O 0 0 In m l0 M O 0 In O O W l0 O O O 0 kD w 1D l0 O O In 0 O In Ln Ln m 1` 1` m r-4 r4 r•1 t0 N 0) r-I M z fn M M M (Y) (r') 10 M M M In 0l O N N w l0 N N N N lD W W w l0 tO W N N H z M M O O O .O ri V' IV V' v N l� O O p In Ln O O O O In uO to In O O ri O O p r-1 r-I O O O O N V' C' V ri 0) O O U L) H r-I r 1 r-1 r 1 r-1 ri r-I ri r-1 r 4 Ili ri r-I r-I 00 O 0 00 O 0 0 0 O O O O 0 r 4 r-I .--1 r-I r-1 H r--I r-I r-I r- 4 r-1 V' V' ri ri OU EA O W >4 H a a H a H 1W-1 O H W O W U U Cw-� 3 $ O zU H > E °n w w w a w U o w z w4 cn H cn a co s a a a a �a �a O v >+ H n v > � a > >>> H o z a s o' w W H Wa' z `a a EH 0 s ►�- a z n M a o a w w w w H a z a FC H H a a a H H w H w o o x x U x U x U wa H U a °' 8 H H a 0 0 0 0 z z [�/q z R� U U U U U U U U H H H `2 H •z p > Ulu) In O O O O O O O 0 ',..)' 1- r- a t0 LO Lf) lD O0 OD OD Ln r-1 In M to p }4 O O O r-i O O O OO O O O O fM r-I O UH H H a zz O O O In � z O h a u 044 U U U U U U U U H H H h 40 l� CD 0) O 110 H N M d' Lo t0 l- O H H H N M N N N N N N N N E 2 M H CN o W E E E 01 oll C7 a 4 CQ W E W E-L W E W H Cl H m E W E W E W W E H W E 4 W E W H W E er Ln O O O O O H M O l0 o M V t` to O @-L Cl O O O Lo H N t- I- H o H Lo O H z W E z O to O O O O H Ln O N d' t0 O O H N L, OD �+ 0 Ln to v OD OD H H Ln Lr Ln a ON O o O O o H M H r r O o 0 o Ln H N OD Ln to o Ln a o o A to �-+ of M to Ln O H O Ln z O N d' t0 to Ln r, Ln Ln l0 OH Im H -w 00 co H N Ln LO per; a z w Ol U 1.4 z cWi 4 � a A w z O H O H 0 0 z E H O z E 0 a E-E o C9 I H O D H O O E-H 0 z z E 0 E 0 W H E-H z H H E E-L 1 F. 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M t0 H M Ln I- H M 01 Ln z t0 M t0 Ln N M Ln M O M O O N (M t0 t0 t0 t0 N N co t0 t- t0 L` r- to to E z A Ln Ln Ln o 0 o Ln o 0 o Ln Ln Ln Ln 0 N H N H O O N H H H H M M H U U H H H H H H H H H H H H H H R O O O O O O O O 0 0 0 0 o O H H H H H H H H H H H H H H A a F-1 U U Q N H a M aEG a m o A U Ln W [x-L z a w a u x H z zz z z U) a' rQ Ori H H H H H U a A Q w w w w w a z o E QAp�� a W H Ira o N , U: H RC, V� La W .b W >4 a oG H a >-f a W � a W w W x O E E H H E x E+ z H z U h a z c`�n vi U)V) U) V) cn (n w HraLa z 0 z > o Ln Ln O O O O O O o 0 0 O o v ui D Ln O W O eP N O H H H H H H H o >4 H o O H O O H O o 0 0 0 O O U E w a cz RC > w E 4 :D 04 a U H O r1'i W U H 4 Q 41 r-I Ln N 01 O t"7 C u� M M C N M M M M O H z M O ri a1 M U C7 01 C7 O1 rn rn CD C9 (7 C) (9 O W H E rn 0) rn E E E E C9 rt; W rn W rn rn O1 W W W W W GO EA E E E•+ E EA H E E-1 H Ha V Ln Ln O O O N M I- to 01 O O M O E 1� O O OD N O OD OD O tO r-1 z 14 E z OD N o N M O Ol 10 o sP N O1 DO to w OD N 0) M OD �0 m N C �+ C a a Ln r-4 O O O N M ri O O w Un O O Ln OD N OD O 01 a N o N lM W O 10 4 N f-7 A OD OO f/) O N O r-1 Ln E 1 E FC E'' H $ I to z H W zU H z E W z 4 z H C7 E E+ D E D E C7 E-H ' FC E E U H z H a O O 1 O W O 1 O V) O' I O H O U O H O W H E E W E H z H E rC z H E H E U H U k ?+ 1-1 H �4 U A O W H a > V'S a 4-) a O a 41 a a 4-) a > �'w H a S E a W a 8 >Ha 18 a8 18 H8 �S z8 z U W z A z z z A z a z A z w H 0 z a z x z H to z w w W w W \ W W z oc H w w w U w W O> a> \> a> A> a> O W a> H> z> I A x \ h \ E \ x x a z D cn a a A a cn a a to H H a A W C34 r H a H Q a r�i O OD Oo l- 1 N ON 1 w z z E M 0)qw H A H � x � o z 0 - M CM' p r+ 0 Ln D u) rn H H .Y. a as w as a I O o 54 E a 0 o O O o O o o N 0 0 w 0 o O o 0 0 o OD M o 0 o O o 0 O o 0 Ln w O O Ln r-4 ko N rn r-I Ln rn ri rn Ln z M N U') N M N M O M O O l0 N k0 N N N W w lO W W E M Ln O O mot' O O O O O O O M Ln ri o C Ln N O M N O r-1 O r-1 O O O H M qw to I� r1; O O O O O O O O O O O r-1 ri r-I r-i r-1 r-1 f-1 ri r-I Ln d' 0 z a a CO h w z a A O o M U H U) O to W E N A Cx-4 U 04 zW a W a D O z W 3 w O H H A z 0 O 3 tD Ei z A a w O 0 �+ OI z W E W W N N N N a H cn H E A H H H H as z z (n w w w w cn z v7 A H . D > > > > E 44 w ^ Cr z o > o o U o o O o 0 0 o D H a O Co Ln Ln O O o O �H O Cl r-1 O O O N N N N O U E a 4 H H D A a a a a H U H a E 3 z vO W W W W W RC U E D D > > > > 3 42 A/P - AP6002 CHECKS TO BE VOIDED 09:59AM 09/11/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 54343 DEF 05/12/03 5.76 SMA010 SMART & FINAL SUPPLIES 54343 DEF 05/30/03 101.70 SMA010 SMART & FINAL COUNCIL DINNER SUPPLIES TOTAL VOIDED 107.46 , 43 A/P - AP6002 CHECKS TO BE VOIDED 09:53AM 09/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 53190 DEF 07/31/02 383.25 LAQ100 LA QUINTA VOLUNTEER FIRE FIRE SUPPORT 53190 DEF 11/30/02 277.00 LAQ100 LA QUINTA VOLUNTEER FIRE FIRE SUPPORT 53190 DEF 01/31/03 620.75 LAQ100 LA QUINTA VOLUNTEER FIRE FIRE SUPPORT TOTAL VOIDED 1,281.00 1- 3 44 A/P - AP6002 CHECKS TO BE VOIDED 09:54AM 09/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 53361 DEF 02/28/03 TOTAL VOIDED VENDOR VENDOR INVOICE AMT. PAID NUMBER NAME DESCRIPTION 441.75 LAQ100 LA QUINTA VOLUNTEER FIRE FIRE SUPPORT 441.75 45 A/P - AP6002 CHECKS TO BE VOIDED 3:51PM 09/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 55307 DEF 08/28/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 35.00 BIA013 BIA _ DESERT CHAPTER 35.00 INVOICE DESCRIPTION GENERAL MEMBERSHIP MTNG Go 46 A/P - AP6002 CHECKS TO BE VOIDED 3:42PM 09/23/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 54130 DEF 05/08/03 TOTAL VOIDED 302.10 GMS100 GMSR 302.10 INVOICE DESCRIPTION LGL/CITY OF HOT SPRINGS 61 47 (Ty 4 4v 4utkrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 7, 2003 BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: - Adoption of a Resolution Accepting a Donation of STUDY SESSION: Catering Services for Senior Center Special Events PUBLIC HEARING: RECOMMENDATION: 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 November 20, 2003 Thanksgiving Luncheon, December 18, 2003 Holiday Luncheon and the 2004 Senior Sports Day to be held in the spring of 2004. Desert Cities Catering will provide holiday menus for the November and December luncheons and provide a healthy and nutritious continental breakfast for the Senior Sports Day. 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 62 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. Respectfully submitted, R Aal Y V �I Dodie Horvitz, ComrKunifXSarvices Director Approved for submission by: Thomas P. Genovese, City Manager 63 2 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION OF CATERING SERVICES WHEREAS, on September 16, 2003, Desert Cities Catering generously offered to donate catering services to the La Quinta Senior Center for the November 20, 2003 Thanksgiving Luncheon, December 18, 2003 Holiday Luncheon and the 2004 Senior Sports Day; and 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 7tn day of October, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 64 3 Resolution No. 2003- Desert Cities Catering Donation Adopted: October 7, 2003 Page 2 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 EJ C! COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE• Approval of Fiscal Year 2002/03 City of La Quinta Development Project Fee Report RECOMMENDATION: N AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2002/03 City of La Quinta Development Project Fee Report ("Report") prepared in accordance with Government Code Section 66000. FISCAL IMPLICATIONS: The City must expend or commit developer fees from Infrastructure, Quimby, and Development Impact Funds within five years of their receipt and must account for these fees in a separate fund. BACKGROUND AND OVERVIEW: The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Quimby, and Developer Impact fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. fG (D) The amount of fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Quimby, and Developer Impact fees for FY 2002/03 (Attachment 1). FINDINGS AND ALTERNATIVES: The City of La Quinta Infrastructure, Quimby and Developer Impact fee programs meet the annual filing requirements of Government Code Section 66000 for FY 2002/03. The alternatives available to the City Council include: 1. Approve the Fiscal Year 2002/03 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 2. Do not approve the Fiscal Year 2002/03 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000; or 3. Provide staff with alternative direction. Respectfully submitted, l Jahn M. Falconer, Finance Director 67 2 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report F3 ATTACHMENT 1 City of La Quinta Infrastructure fee Government Code 66000 Calculation FY 02/03 The infrastructure fee fund is used to account for the accumulation of resources, provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 89-39. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 02/03 Fund Balance Revenues & Other Sources Developer fees 0 Interest income 70,822 Contributions from property owners 0 Transfers in - CDBG Reimb for Senior Ctr Construction 0 Total Sources 70,822 Expenditures & Other Uses Transfers out - Capital Improvement Project Fund 1,894,586 Total Uses 1,894,586 Total Available 4,062,253 (1,823,764) 2,238,489 Five Year Test (Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30 2003 Revenues Collected from 1999 699,523 Revenues Collected from 2000 1,130,483 Revenues Collected from 2001 210,807 Revenues Collected from 2002 126,854 Revenues Collected from 2003 1 70 822 Total Ending Fund Balance 1 2,238 489 Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities FY 02/03 % Complete % funded with fee Washington St Storm Drain Improv 0 5.64% 100.00% Traffic Signal Ave 52 & Washington 58,758 100.00% 50.00% Civic Center Campus Improvements 0 95.96% 3.53% Cove Mini -Park Expansion 11,300 88.36% 38.97% Washington 1-10 Interchange 0 38.89% 14.29% CVAG/Jefferson Phase 1 0 94.12% 6.83% Ave 52 (Jefferson St West to Citrus) 460 100.00% 14.25% Phase VI - Sagebrush Bottlebrush 146,116 98.69% 6.12% Citywide Street Sidewalk Improvements 35,749 72.97% 26.83% Fire Station 830,089 27.31 % 37.74% Various Left Turn Pockets modifications 114,000 99.78% 41.91% Emergency Vehicle Devices 88,381 5.41% 0.00% Signal Adams/Westward Ho 10,882 6.22% 100.00% Miles/Washington Soil Stabilization 37,785 4.15% 34.68% Eisenhower Drive/Ave 50 Drain Im rov 1 561,066 56.22% 30.07% Total 1,894 586 C9 0 City of La Quinta Quimby Fees Government Code 66000 Calculation FY 02/03 The City has established the Quimby Special revenue fund. The fund is used to account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balances FY 02/03 Fund Balances Revenues & Other Sources Developer fees 91,926 Interest income 9,103 Contributions from property owners 0 Miscellaneous 0 Transfers in 0 Total Sources - 101,029 Expenditures & Other Uses Transfers out Capital Projects 74,928 Total Uses 74,928 Total Available 362,670 26,101 388,771 Five Year Test Using First In First Out Method Unspent Funds Represent Ending Fund Balanc June 30, 2003 Revenues Collected from 2000 114,386 Revenues Collected from 2001 31,281 Revenues Collected from 2002 142,075 Revenues Collected from 2003 101,029 Total Ending Fund Balance $388,771 ,Result: Five Year Spent Test Met in accordance with Government Code 66001. Capital Improvement Facilities Capital Improvement Facilities FY 02/03 % Complete % funded with fee 18 Acre Park Site $846 89.36% 4.86% Monticello Park 5,421 5.16% 100.00% Fritz Burns Park 65,000 100.00% 17.81 % Dog Park 3,661 12.20% 100.00% Total 174,928 70 5 .0 C'1 ca J O U .22 N N N C A 0 a) N N IE N D yN Ry C 8 C �O_+ IL Q a 8 C cc ca y U) M t a -- c c� �j cu��A apM � C��opNNI�M Z, oU U 0 J N 10 O N � N Cf00NNO 0 �toIVCD co �A C) f� La V N O La 0 LO M v US a c 0 y OO ems- 1L[ N N C La F.. N y � � CD w » » O O Q O O O C R{ � LL LL LL co co a 0 I H 7 ld co c0 O O E O c c=UVU Q � � � 0 Q' C 000 N O ;7 f W Ci r.- m N Wcq ��NQf N U. C Q � Oieh�00000 o� m V N 0Ln 000000Cq W L N N ca d C r 10 0000000000 W Ln �pMp� N0, In f� �� aa pNp CONNN aCq q N Nr.- NnAIp,Q��Np fA Vi �C7�OD INO! N ID t"� cm mg coo U. C6 �o d c c c cc o c� � c 5 9 J v a� V E a �� " c 1i ha0�U CLiiU ��o�ontD.U) H N co 01 M N M N Of � O J O O O N N O N N N U 5 � n p S G2001ZU99 �aor- rn C m 8 co �[ W a N C W m W (ppO�ppAtD��pp� �M(QNN� d � Lnn N � p� E 61 g co Z r_. -I g �3 J 9(m�N� 8 8 8 LO CY Ci U r'- .s vS j M to U co NCO � Mi(np^ 8 R m N n 0 �N�mtp8 N tO r- c to � M 0 U m E E Q 3 m 8N $ N W LL E EE c sYt tyt sy( W m OO U y W coa m ~ C �w� �gLL U.>- ID } U. cC�C�W r m m O 01 7 City of La Quinta Developer fee Government Code 66000 Calculation FY 02/03 Capital Improvement Facilities Fund FY 02/03 % Complete % funded with fee Montero Estates Soundwall Transportation 642,602.00 100.00% 91.45% Traffic Signal (Tampico & Ave Bermudas) Transportation 402.00 100.00% 100.00% Eisenhower Dr Bridge Transportation 4,194.00 0.58% 39.53% Emergency Vehicle Devices Transportation 183,284.00 93.33% 56.63% Various Left Turn Pockets - LQ Village Transportation (277.00) 0.00% N/A Washington St Acoustical Study Transportation 30,237.00 67.19% 100.00% LQ Court Public Improvements - Washington St Hwy 111 Transportation 158,738.00 98.26% 42.07% Civic Center Campus'lmprovements Park & Recreation 1,067,124.00 95.96% 70.63% Cove Oasis/Lake Cahuilla Trail Head Improv Park & Recreation 241,231.00 71.70% 41.61% Phase 1 - Community Park Development Park & Recreation 3,465,008.00 89.36% 84.35% Park & Recreation DIF Advance Interest expense - Note 1 Park & Recreation 52,523.00 N/A N/A Reimburse General Fund - Civic Ctr Debt Service Civic Center 203,831.00 25.00% 30.00% Civic Center Expansion Design Civic Center 36,969.00 10.14% 100.00% Municipal Library - Note 2 County Library 0.00 0.00% 0.00% ,Municipal Libra - Design Library i 156,964.00 11.17% 100.00% Total $6,242 830.00 Note 1 - During FY 01/02 and FY 02103, the City Council approved the advance of up to $5,456,455 in RDA Project Area 1 & 2 funding to the Park Development Impact Fee Fund. As of June 30, 2003 the actual amount of principal and interest advanced totalled $ 4,925,393. Interest paid on the advances in FY 02/03 was $52,523. Note 2 - In FY 02/03 the City received $200,000 from the County of Riverside from Development Impact Fees collected by the County. The City of La Quinta FY 03/04 Capital Improvement Program allocated these funds toward the construction of the Library. "3 E:3 COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Approval of Fiscal Year 2002/03 City of La Quinta Art in Public Places Annual Report RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 2002/03 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. FISCAL IMPLICATIONS: The City must expend or commit fees from the Art in Public Places program within two years of their receipt and must account for these fees in a separate fund. In addition, administration expenses are limited to less than $25,000 or less than 5% of total funds in the account as of July 11t of any year. BACKGROUND AND OVERVIEW: The City of La Quinta Art in Public Places fund is governed by Chapter 2.65 of the Municipal Code as amended by Ordinance No. 339. The major financial requirements that must be measured annually for conformance are found in the following Sections as follows: 2.65.110 (F) Reimbursement. In the event fees have not been committed for a use as specified in subsection B of this section within two years of their collection, the fees in the art in public places fund shall be distributed by the city to the person or entity who has paid the fees or in any other manner permitted by law. 2.65.110 (B) (7) Administrative expenses to otherwise implement any provision of this chapter, however, in no event shall said administrative expenses exceed five percent of the total funds in' the account on July 11t of any year nor twenty-five thousand dollars in any fiscal year. 74 Staff has prepared the analysis of the Art in Public Places, which disclosed no reimbursements due to contributors and no excess administrative costs (Attachment 1). The Mayor and Staff did receive a letter from Mr. Ed Kibbey of the Building and Industry Association which has been included as Attachment 2. The $98,762 represents the entire amount spent on the obelisk program which was a multi year program with the last appropriation of $7,450 being made at the September 17, 2002 City Council meeting for 27 obelisks along Eisenhower Drive. The program has been completed and no further appropriations are outstanding. Staff has concluded that the funds qualify for Art and Public Places funding; however, if the City Council should determine the other funds are more appropriate the funds would have to come from General Fund Reserves. FINDINGS AND ALTERNATIVES: The City of La Quinta meets the financial requirements of Municipal Code 2.65 - Art in Public Places for FY 2002/03. The Alternatives available to the City Council include: 1. Approve the. Fiscal Year 2002/03 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code; 2. Provide staff with alternative direction. Respectfully submitted, hn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Art in Public Places Financial Analysis 2. Letter dated September 29, 2003 from Building Industry Association P7 2 ATTACHMENT 1 City of La Quinta Art In Public Places FY 02/03 The Art in Public Places fund is used to account for fees paid in lieu of acquisition and installation of approved art works at approved sites. The fees are refundable if not expended or committed within two years. July 1,1999 - March 16,2000 Fee calculation - Residential is 1/4 of 1% of value exceeding $100,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) March 17,2000 - the present Fee calculation - Residential is 1/4 of 1% of value exceeding $200,000 with a $20 minimum - Commercial is 1/2 of 1% of value (no minimum) Beginning Ending Account Description Fund Balance FY 02/03 Fund Balances Revenues & Other Sources Developer fees 228,044 Interest income 13,374 Contributions from property owners Miscellaneous Transfers in Total Sources 241,418 Expenditures & Other Uses Transfer Out 200,108 Art purchases 111,948 Point Happy Art Piece Maintenance Expenses 2,406 Total Uses 314,462 Total Available 681,087 (73,044) 608,043 Administration Test Expenses Lesser of $25,000 or Available 5.00% 608,043 Budget Actual Under 25,000 30,402 25,000 2,406 22,594 76 3 m c a 6 w 4) 2 C U D v c U. c 00000000000�`rM to O N G) Z CO) r- c 0 Q) I- IV co O N �T p to In LO 00 c �aDNOM V"! 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W 10 )p I ; It N t D o M P M O V M N M t0 M 1` � a N d N � O co cc, C4 0 N - N co co 0 N 0 O O O 0 .�.. E t0 O O) M N O) N O) M R � CT M LL �- O U 0 LL N N co M 0 CD d 0) C04 U z z co cc ,,, x = x _ tn W 6 a x x °aa to '° 3 = Cl) E a h Q W r � m�Z o W c o Ur �w i'aZZ Z Z v,,L' Q o o c w.� d E m c dr cQ � E may? r a U (3 EH CD 10'A � 0000 `-�WW6 t Ea.o o LL M < CL om to m W c an co o acn.0. 2E E E E Ld E W W W W 00U 41 P. E W W °a coo a o mn .8 �w- co tq o ln o •a>:w> :>?>v a::c ") �cc W Wd 30 22 7 m� � y000U 0a OO) E CL W? W C W co C 2: O N �WW 0 C O UU w.2 C f% W W O UQ.J O J LL G Q LL W co W -1000 O _5 A&tp A. li:® 0 w 3 0 0 0 0 0 0 0 0 0 0 V o000000000 w oog0000000 00 0000000 0 0000008000 U o00000000 0 8ON�0 �p !g p O r O 1� M � O at;�p ~ N V' 10 V' V' N N �p O 7 C � 04 mg00m )0)00) cc V} N N N N N N N N N _O q�. Q C N Ea00 M U)coMpp000000 N N 0 0 0 0 N N N N N 0 N O N } C M aoo �o oai000 c�o O _a 1�oM�1-4mco8ao IV.lg l� C7 t0 V' V' N N �p O H � N N O �O 00>Or0G�pf�0 E I� O M— 1- 0) 0 0 0D 0 t!D N 1L O M t0 V' V' N p c Go O NO � 7 Goo N M U- Et00 O en a " OV N � U. CON C if 1n m r U. p yWy W 1nn1/ Ym! u � C C C C C CV Cle s E: fA 0 p Ot C clEayi �'�'��9'�a'w'W'm c U O 00 0 0 0002222 1— NI I ATTA NT 2 September 29, 2003 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: Desert Chapter Building Industry Association of Southern California 77-570 Springfield Lane Suite E Palm Desert, California 92211 760.360.2476 fax 760.772.3372 www.DesertChapter.com E Mail: B1A@DesertChapter.cot At your upcoming meeting on October 7, you will be asked to approve the annual report of Art in Public Places expenditures, which includes $59,895 for Obelists Pilot Program - City Street Markers. We respectfully request that you reject the report and return it to staff to delete the Obelists expenditure, which we believe is a continuing misuse of Art in Public Places funds. For a number of years we have complained that in no stretch of the imagination are street makers "art". You have now expended $98,762 of Art in Public Places funds to purchase and place these "street markers". If this amount of money had been spent as intended by the Art in Public Places legislation, the city could have another piece of "art" to be proud of. We thank you for your consideration. Respectfully, Ed Kibbey Executive Director cc: Tom Genovese, City Manager John Falconer Finance Director Chair, Art in Public Places Committee "so An Affiliate of the National Association of (Tome Builders and the California Building Industry Association 4 ern--�-- co oti r'o • 49mr1a 4 V G� OF w5 COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Authorization for Overnight Travel for the City Clerk to attend the City Clerks New Law and Election Seminar in Monterey, California, December 9 through December 12, 2003. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 60 Approve authorization for overnight travel for the City Clerk to attend the City Clerks New Law and Election Seminar in Monterey, California, December 9, 2003 through December 12, 2003. FISCAL IMPLICATIONS: The seminar will be funded from Travel, Training and Meetings Account No. 101-201- 637-000. The breakdown of estimated expenditures is as follows: • Registration $ 395 • Travel $ 350 • Lodging $ 425 • Meals $ 30 $1,200 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The seminar is held annually by the League of California Cities after the State Legislature recess and the November elections to provide the most recent information on legislation which affects the duties of the City Clerk. It also provides updates on all new legislation regarding the California Elections Code. DOM The City Clerks Association of California will be holding an Executive Board Meeting beginning at noon on Tuesday, December 9, 2003, prior to the seminar. Since the City Clerk has been elected to serve on the State Board as the Southern District Trustee, her attendance at the meeting is required. Lodging expenses are allowed for representation of the City of La Quinta. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the City Clerk to attend the City Clerks New Law and Election Seminar to be held in Monterey, California, December 9, 2003 through December 12, 2003.; or 2. Do not approve authorization for overnight travel for the City Clerk to attend the City Clerks New Law and Election Seminar to be held in Monterey, California, December 9, 2003 through December 12, 2003; or 3. Provide staff with alternative direction. Respectfully submitted, Ju reek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Conference Program $40 ATTACHMENT 1 Preliminary Program Registration and CityBooks Open 8: 30 a.m. - S: 00 p.m. NEW CLERK & FIRST-TIMER'S ORIENTATION 9: 00 - 9: 4S a.m. Opening General Session THE ART OF TAKING MINUTES AND CRAFTING AGENDA REPORTS 10: 00 -11: 45 a.m. General Luncheon "RECOGNITIONS & CELEBRATIONS" Noon -1: 45p. m. YOU ARE CORDIALLY INVITED: GUIDELINES FOR NOTICE OF PUBLIC HEARINGS, MEETINGS AND ACTIONS 2: 00 — 3:15 pm THE ETHOS OF ETHICS 3: 30 — S: 00 pm When someone gets their hand caught in the cookie jar, when someone files something inappropriately or not at all, when there are meetings held without proper notice -- all of .that impacts the office of the city clerk. What do you do to remain the professional you are? How do you talk with the press and the public about these issues?. And how do you remain beyond reproach yourself? This workshop delves into these topics and more. Bring your thoughts, your experiences, and your ideas to share with others as we discover the underlying context behind ethical and unethical behavior. Welcoming Reception and Mini Exposition S: 00 - 7: 00 p. m. 83 3 ThurSql Deeembel� 203� Please, Note;:Session times; tltl__ s, amtooics_are. subi ect fo. chanae...,_,. Registration and CityBooks Open 7: 30 a.m. - 5: 00 p. m. Continental Breakfast 8: 30 — 9: 00 a.m. NEW LAW AND ELECTIONS UPDATE 9: 00 —11: 45 a.m. General Luncheon (joint with Fire Chiefs) CUBICLE COMEDY FROM WORK Noon - 1: 45 p.m. From "control -freak" bosses to her assistant "calling in fat" and teambuilding exercises gone awry, Jan McInnis has lived it all!! And she tells it all from the stage. Writer for the "Tonight Show", Jan also hits a nerve among audiences with her bits on growing up in a large family and being single in the new millennium LEADERS ARE MADE NOT BORN 2: 00 - 4: 45 p.m. In dealing with day -today work situations, this session offers serious and humorous insight into becoming an effective leader in the public sector. Provide glimpses into the trials and tribulations of motivating and encouraging employees to seek, achieve and maintain high standards in the work place. Discussions will includes utilizing effective leadership techniques, conducting a performance evaluation, honing communication skills and creating a working environment where people seek to excel. Hosted Reception (joint with Fire Chiefs) 5: 00 - 7: 00 p.m. FrWavo- Decembe 12, 20Q3 Please. Note: Session times, es,:. ,: ptc�stare subiect.to change.. Registration and CityBooks. Open 8: 00 —11: 00 a.m. Continental Breakfast 8: 30 — 9: 00 a.m. General Session 9: 00 — 9: 45 a.m. SAVING LOCAL DEMOCRACY: THE NOVEMBER 2004 BALLOT Closing General Session STUFF HAPPENS (AND THEN YOU FIX IT!) 10: 00 — Noon With humor and style, John Alston motivates, inspires and instructs, while infusing a spirit that encourages people to apply character, decency and common sense when "Stuff Happens." John Alston stresses accountability, personal performance, and a no -more - excuses approach for dealing with changes, challenges, and contingencies. 8 4 -14 Adjourn COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Approval of a Memorandum of Understanding with Desert Sands Unified School District Regarding School Resource Officers RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 60 STUDY SESSION: PUBLIC HEARING: Approve the Memorandum of Understanding (MOU) with Desert Sands Unified School regarding School Resource Officers (SRO's). FISCAL IMPLICATIONS: In the City's Fiscal Year 2003/04 budget, $92,008 was approved for a School Resource Officer. As a result of approval of the MOU (Attachment 1), the City will be expected to provide funding to the school district toward the cost of an SRO in the amount of $68,993 for the current Fiscal Year. This is a savings to the City of $23,015. In the next two years of the MOU, the City would agree to pay 75% of the cost of one SRO as opposed to the 100% that it has funded in previous years. In the fourth year the grant funding would be depleted and, per the MOU, the City would provide 100% funding for one SRO for the final year of the agreement. After the fourth year the City may continue to fund an SRO or it may choose to discontinue funding the position. A spreadsheet estimating costs for the duration of the grant for both the City and the .District is included as Attachment 2. The projections show that the City will save an estimated $76,000 over the next three years under the MOU. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Historically, the City has funded 100% of a School Resource Officer for the La Quinta High School, even though it is not under a contractual obligation to do so. In addition, a second SRO has been assigned to the La Quinta Middle School for the past several years. This position was funded through a grant obtained by the 85 County. It was not subsidized by the City or the District. That grant expired at the end of the last school year. A new grant was made available to school districts. The Cops in Schools (CIS) grant would fund up to $50,000 a year toward each SRO employed by the District in the first year of the grant, $40,000 per SRO in the second year and $35,000 in the third and final year of the grant. City and District staff met to create a program that would take advantage of the grant and maintain the current level of service in the schools. It was proposed that the City would reimburse the District for 50% of the costs for the first officer and 25 % of the costs for the second officer. The grant and the District would assume the remainder of the costs for the two positions. This proposal results in a savings to the City due to the fact that it is only paying for 75% of the costs of one SRO (50%+25%) as opposed to 100%, which the City has traditionally paid for the SRO at the High School. Attachment 2 depicts the estimated costs to the City and the District, as well as the grant proceeds, over the duration of the three-year grant. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Memorandum of Understanding (MOU) with Desert Sands Unified School regarding School Resource Officers; or 2. Do not approve the Memorandum of Understanding (MOU) with Desert Sands Unified School regarding School Resource Officers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Buildin and Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. MOU with DSUSD 2. Spreadsheet of costs 2 9F ATTACHMENT 1 AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF LA QUINTA FOR THE PLACEMENT OF TWO SCHOOL RESOURCE OFFICERS FUNDED BY THE COPS IN SCHOOLS GRANT FUNDS MEMORANDUM OF UNDERSTANDING This memorandum of Understanding is entered into for the fiscal years 2003-2007, by and between Desert Sands Unified School District, hereafter referred to as DISTRICT and the City of La Quinta, hereafter referred to as CITY, for participation in the COPS In Schools Grant. The purpose of this Memorandum of Understanding (MOU) is to document the parties' understanding of the financial commitment required to support the COPS Grant snatching funds. Exhibit "A" outlines the required estimated annual match for the next four fiscal years. Over the first three years of the program, the COPS Grant will contribute $250,000. For the fourth year of the program, the COPS Grant will not provide any funding. The DISTRICT and CITY agree to continue the program by funding the fourth year on an equal basis (50150). This MOU provides two School Resource Officers to be .assigned as follows: One at La Quinta High School and one at La Quinta Middle School. By signing this MOU, the DISTRICT and CITY agree to financially contribute the matching portions of the COPS Grant as detailed in Exhibit "A". All rates other than fiscal year 2003-2004 are estimates. The DISTRICT will submit an invoice to the CITY using the "percent" of total costs as shown on Exhibit "A" as the basis for the matching portions. Dr. Doris Wilson, Superintendent Date DSUSD Tom Genovese, City Manager City of La Quinta Date 3 V H AR A LJ a O V O O O O O O O O o O O O O t o o O 00 O O 0 o N r 00 r-: 000 C; d- 0 0 l� N 4GOS y6S b4 kn O O to kn d: O C M M M O �z O O O N O O O N N O � O �` o kn O �o 00 V N 11D p� O v) M �n O O N M M O �nOI:ro O o o O N 'NO 00 O kr) I:fi 00 O M O �1O � to t- O 00 N O N bi4 69 b4 � Vn •-+ O kr) M O O M kf) O .-4 IV O N O 00 O O O O N 0000 � 00 00 O o O 0000 r`1 b4 _ 64 bR � H� a QU�UC7� X 0 4'' rn •0 �d ^d � a� 0 rn E-4 �U U 'd r` O N 004 C N F-+�U '-4 Ed cd Q � U U 0 o .' o kn � � o U cts .. b � � a� � � O •�,..dCD 0 cts .� o � U P4tn N a � M r+ N 8� 4 ATTACHMENT 2 �0 0 0 'S�00 c "t " co ' 0) c CO r- V .. (p ... —_ e1' qw N ccoN O O O .g S o t- 00 V E 0 0 r 0 +% ocl U� N at �O �O �O Q= T�p ti c U 00 w i Nd9 j 69 G� D� -r' �00 69 �66~9 CO) W 8 i5• ivd1 W U69. U U N) 0 c O O O O O o O O O O O :a O 00 q1t N p �0•+ cl)�j C00 0 L 0 00)0M ULA U� E C U p U p U u y� iv cv ea cs eo c Tv co cn m C) N co 0 = N c v CY L1J Q. W U� U U� p� W Q� Q Q� Q N 0 rA d0' O O 00 et N ... LO C �C �tn �cA 0 �� co �N� ) . RI U O U 1- U 00 C) .. x cA LO w p ca �p c0 cp c� O SEA Gi W Q 69 Q c w O Oi d 69 Q 69 00 00 qt N 00 00 to N N N N W C d 00 00 00 00 j 00 00 00 O P- O 1- O P► O 1%- O 1` O 1- O 1` c c C c c c c Q Q Q Q ¢ Q Q L c — ca _ O O OCc LL c ca O_ G. N O O O ``'`'' `• .• =05Z J � Q NO N c c t Lm T4t�t 4 .tPQur«rw COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 30850, Old Town La Quinta, Marvin Investments, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Parcel Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 30850, Old Town La Quinta, Marvin Investments Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 30850 is generally located on the south side of Calle Tampico between Avenida Bermudas and Desert Club Drive (Attachment 1). This commercial complex development will consist of six (6) parcels, lots B through E, and Lot A for public streets and utility easements on approximately 5.41 acres (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) 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 yet been received. The Final Map is technically complete and is being routed for signatures. 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, 110 within 30 days (November 6, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) 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 Parcel No. 30850, Old Town La Quinta, Marvin Investments, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel No. 30850, Old Town La Quinta, Marvin Investments, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. nas , P.E. Public Works Director/ City Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 91 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 2003-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 30850, OLD TOWN LA QUINTA, MARVIN INVESTMENTS, INC AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between 'these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 30850 is conditionally approved provided the subdivider submits all required items on or before November 6, 2003. 3 Resolution No. 2003- Parcel Map No. 30850, Old Town La Quinta Adopted: October 7, 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 to the parcel 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 November 6, 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 7th day of October, 2003, by the following vote to wit: AYES: Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 93 4 Resolution No. 2003- Parcel Map No. 30850, Old Town La Quinta Adopted: October 7, 2003 Page 3 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 911 5 POP@ PR1� hDIANELLS EISENHOWER DRIVE dL% ClU[mG1 CALLE TAMPICO AVENIDA D (n LA FONDA vw > w� w� aw 0 6 z �F (n 2A 4 ATTACHMENT1 52nd AVENUE VICINITY MAP N.T.S. Ni'll z 0 w w LL- LA- w n ATTACHMENT 2 9 y 7 97 -1 L A NgU1IN AO am twits i.,na N SAM SM laarao i wan vaaanv D+ NIMM�_ 98 41 Crry of LA QUIWA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 30850 ON -SITE AND OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Marvin Investments, Inc, a Callfomia Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 30860 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Govemment 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. Immovement 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 fumish 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. T VV"PrZOUNCIU20D3WcE� 7. ZW=M Town 30650%On CW-M 308MAM 'Co 3 10 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. 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 thereunth 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 Cl y'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 X 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 foram 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 1 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 T.VVVMPT}C0l1NCK.1200 0MbW 7. 20001 Xd Town 9005=n_OM-Sft 90850.doc 2 d 7 11 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 3.6., for which City will prepare lien agreements and subordination agreements, administer valuation of the veal property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. 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 Subdividees 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 ructions 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 1 of the one-year warranty period, there are one or more outstanding requests by City for 1 ` performance of work or provision of materials under the terms of the warranty, warranty T:WVWEPT%CW4CIL=30dcbw 7, 200 01d Town 3 OMOn_OQ-fte 30 W cbc 3 of 7 12 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 additioonal funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said. read property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit 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 Subdividees 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 Quints 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 1 i not previously submitted. TV. VV PrrotMLW0a3W)cWW 7, 2oosww Town 30050%0n ar-M doe a aT 13 Upon receipt of said request the City Engineer or a dul"uthorized 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 pavinkad 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 shag 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 dearly 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 CalUbmia, 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 deflective 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 If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enftmcing 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 Subdividers 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 shag 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 heron. 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. T:W MEFMOUNCILV003Wd*W 7, 2003M Town WWMOn OU-Sill 30 W doc 5 of 7 14 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Marvin Investments, Inc 78080 Calle Estado, Suite 201 La Quinta, CA 92253 (760) 771-2567 Date By: UA I .,9�LI�a3 Date Title: RV t,t .Jj a a f _ By: Title: Reviewed and Approved: i Engin Approved as to Form: Date Date q-so-a':5 City Attorney Date T:%PWMP=0MCN.V00M0e.k*w 7. 200MM Town 3065MOn ort-sue 3o WASOc e'd 7 15 Exhibit A SECURITY — PARCEL MAP NO.30850 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 Street Phase I and II Improvements $ 235,648 $ 235,648 Domestic Water $ 53,620 $ 53,620 Sanitary Sewer $ 16,108 $ 16,108 Totals: $ 305,376 $ 305,376 T. 5.1200M0dobw 7. 20031 W Town )n_OB-Si * 30e50.doc 7 r; t" ALL-pURpOSE ACKNOWLEDGMENT • �I�•!•�►f!• +i►i+�ilililili•��i�►• ��'i�►ir�iii !i� i • State of California County of �'AgoS � On t� .9.0 before (N��YW04 . personally appeared sumacs, E personally known to me - OR- ❑ proved to-nw an LftV basis Of 9fttiffftetcrY evidence to be the persons whose name(* - is/an subscribed to the within instrument and acknowledged to me that uw3uw almwqexecuted • the same in his/seer authorized capacity(4c4, and that by his it signatures) on the instrument the person(r4, • N0FAM a or the entity upon behalf of which the • on(g acted, executed the instrument. l�blagr.��c • C+a�omlo� P� • i COUMV WITNESS my hand and official seal. 7' NOT M OPTIOXAL EVFORMATiON 7beinformation below is not required by law. However, it could prevent fraudulent attachment of this admwl- edg mut to an unauthorized document COACH COED BY SIGNER (PRINCIPAL) ❑� �IVIDUAL L�J"CORPORATE OFFICER DESCRD'TION OF ATTACHED DOCUMENT • ❑ PARTNER(S)rip— NUMBER OF PAGES • ❑ ATTORNEY -IN -FACT ' ❑ TRUSTEE(S) • ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT • THER: i • OTHER RIGHT THUMBPRINT i SIGNER IS REPRESENTING: OF • NAME OF MEMO) OR SNTLPY(1P.S) ' SIGNER 0 APA 5/97 VALLEY -SIERRA, 800-362-3369 17 4:V- 4 4ZP COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Approval of Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bid the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: �J CONSENT CALENDAR: ZS STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorize staff to advertise the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 for bid following Caltrans' approval of funding obligation. FISCAL IMPLICATIONS: The following represents the approved funding and funding sources: Funding Source Amount City Infrastructure Funds $238,892.00 SCAQMD - MSRC $77,1 19.00 Congestion Mitigation Air Quality (CMAQ) Funds $595,235.00 Budget Subtotal: $9111246.00 Less Prior Expenditures: $49,875.00 Amount Available: $861,371.00 Based upon the Engineer's estimate of probable construction costs in the amount of $548,475.00, the following represents the anticipated project budget: Activity Budget Design (Balance to Complete) $5,000.00 Construction $548,475.00 Inspection/Testing/Survey $52,497.00 City Administration $33,869.00 Contingency $221,530.00 TOTAL: $861,371.00 As illustrated, adequate funding is available. S-\ritvMnr\STAFF RFPnRTS ONl Y\r R_rinr. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed improvements include installing parkway vegetation with irrigation and granular stabilization adjacent to the Redevelopment Agency owned property on the southeast corner of Washington Street and Miles Avenue. On November 5, 2002, the City Council authorized staff to include the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements within the Fiscal Year 2002/2003 Capital Improvement Plan (CIP), appropriated up to $316,01 1 from City Infrastructure Reserve Funds, adopted the proposed project budget, and adopted a Resolution of the City Council approving the submittal of a project application to the Mobile Source Air Pollution Reduction Review Committee (MSRC) for partial funding of the Miles Avenue/Washington Street Parkway Stabilization Improvements and appropriated $595,235 in Congestion Mitigation Air Quality (CMAQ) funds and $77,1 19 in MSRC grant funds toward this project. On February 4, 2003, the City Council approved a PSA, in the amount of $46,580.00 with DEA to prepare the PS&E. The PS&E is now complete and is available for review in the Public Works Department. On September 12, 2003, staff submitted the PS&E Certification and the Request for Authorization (RFA) to begin construction to Caltrans. Caltrans' approval of the construction obligation is expected within the next couple of weeks. The following project schedule represents how the project is expected to proceed: City Council Approval of PS&E Caltrans Funding Obligation Approval Bid Period Award Consideration Construction City Council Accept Improvements October 7, 2003 October 30, 2003 November 2003 December 2003 January - March 2004 April 2004 1�:�8 S:\CitvMar\STAFF REPORTS ONLY\C 8.doc\ 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate of probable constructions costs and authorize staff to advertise the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 for bid following Caltrans' approval of funding obligation; or 2. Do not approve the plans, specifications and engineer's estimate of probable constructions costs and do not authorize staff to advertise the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 for bid following Caltrans' approval of funding obligation; or 3. Provide staff with alternative direction. Respectfully submitted, w Jmothy- R n on, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2003\October 7. 2003\PS&E Staff RDt.doc\ 3 meat y 4a:F49!ArrA COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of Final Parcel Map No. 31599, Dulce Del Mar and Via Cordova in Lake La Quinta, Mr. Anthony Reed RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of Parcel Map No. 31599, Dulce Del Mar and Via Cordova in Lake La Quinta, Mr. Anthony Reed. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31599 is generally located on the southeast corner of the intersection of Dulce Del Mar and Via Cordova in the Lake La Quinta Subdivision (Attachment 1). This parcel map consists of two (2) parcels (Attachment 2) and easements for public utilities, storm drain, and incidental purposes on approximately 0.56 acres. The two parcels were Lots 211 and 212 of previously approved Tentative Map 26152. Said lots were merged by Parcel Merger 2000-377 in March 2002. The developer has requested the City Council's approval of the Final Parcel Map (Attachment 2). The Final Parcel Map is technically complete and is being routed for signatures. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt, within i10 30 days (November 6, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except for the City Clerk). 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 Parcel Map No. 31599, Dulce Del Mar and Via Cordova in Lake La Quinta, Mr. Anthony Reed; or 2. Do not adopt a Resolution of the City Council granting conditional approval of Parcel Map No. 31599, Dulce Del Mar and Via Cordova in Lake La Quinta Subdivision, Mr. Anthony Reed; or 3. Provide staff with alternative direction. Respectfully submitted, R7 imothy ona n, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 2 ill RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 31599, DULCE DEL MAR AND VIA CORDOVA IN LAKE LA QUINTA, MR. ANTHONY REED 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; WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 31599 is conditionally approved provided the subdivider submits all required items on or before November 6, 2003. 3 114 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 parcel 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 Parcel 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 November 6, 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 7th day of October, 2003, by the following vote to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 113 Resolution No. 2003- (enter project name) Adopted: (enter meeting date) Page 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 5 114 ATTACHMENT 115 ATTACHMENT 2 :t W cn N U_ O N 16 �a w��•v * aws ��rw'�+o tiw cwrs caae�u'�ox wee aw � ��a�n ��,iww w�►av��t ��.`: - ; 0 io • < ` �:rig o LJ Z rc 1-d!a � $ i •�� _ t�8jj1 ig - ro IL~ z S< W ` ~ , Z jig ig W= LAS Fpae 1 F W '��$� _� • O W+ 4 4 �,111lg1�l1LL �� O ^T ' r _I II I I I s a� CC 1 s•ai I � P O I cc IL Cie W I W b I n 0 R © z Iq o m LU V I •�° 04 1- ¢ s t _ a Q i vnoaaoO VIA 'Warms -top 4 XPQurh1w COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Approval of a Request for Proposals to obtain Professional Engineering Services for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09, and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Infrastructure Funds: $374,008.00 RDA Project Area No. 1 Funds: $1,040,160.00 Total Funding Available: $1,414,168.00 The following represents the anticipated project budget: Construction: Design: Insp/Test/Survey: Administration: Professional: Contingency: Total: $1,047,338.00 $104,733.00 $81,169.00 $52,367.00 $23,827.00 $104,734.00 $1,414,168.00 As illustrated, adequate funding is available to support staff's recommendation. 113 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09, are included within the Fiscal Year 2003-2004 Capital Improvement Plan approved by the City Council on May 20, 2003. The proposed improvements will be installed on Washington Street, between Avenue 48 and Avenue 50. Improvements include minor widening on the east side of the street to accommodate the proposed median curb, installation of raised curb median, installation of landscape and irrigation, and median lighting. The landscape palette will be the City Council approved "desertscape" theme for primary image corridors. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,0.00. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer Steve Speer, P.E., Assistant City Engineer Nick Nickerson, Project Manager Contingent upon City Council authorization to distribute the attached RFP (Attachment 1) on October 7, 2003, the following represents how the project is expected to proceed: Issue RFP October 8, 2003 Proposal Due Date November 3, 2003 Consultant Selection Process November 4 - November 30, 2003 Recommendations to City Council December 2, 2003 Project Design (4 months) January - April 2004 113 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposals to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09 and appoint a Consultant Selection Committee; or 2. Do not authorize staff to distribute a Request for Proposals to obtain professional engineering services- to prepare the plans, specifications and engineer's estimate of probable construction costs for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09 and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. o nas , P.E. ublic Works Director/City Engineer Approved for submission by: rZ Thomas P. Genovese, City Manager Attachments: 1. Request for Proposal (RFP) T:\PWDEPT\COUNCIL\2003\October 7, 2003\RFP Staff Report Wsh PS&E.doc 3 19() CITY OF LA QUINTA REQUEST FOR PROPOSAL WASHINGTON STREET MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPE IMPROVEMENTS The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications and engineer's estimate (PS&E) for the Washington Street Median Island and Median Island Landscape Improvements, City Project No. 2003-09A. General Design Parameters The project is located on Washington Street from Avenue 48 Street south to Avenue 50. The proposed street improvements include minor widening on the east side of the street to accommodate the proposed median curb, installation of raised curb median, installation landscape and irrigation, and median island lighting. The landscape palette will be the City Council approved "desertscape" theme for primary image corridors. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City of La Quinta Public Works Department. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and base map preparation. • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include: Title Sheet, Street Widening and Raised Curb Median Plan, Signing and Striping Plan, Landscape Planting Plan, Irrigation Plan, and Electrical Plan. ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets. 141 4 S:\CitvMcar\STAFF REPORTS ONLY\C 10 RFP.docPaQe 1 of 6 • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review The Concept Review: Consultant submits background sheets showing preliminary geometric layout. If the project involves street work, the plan set must contain plan view depicting geometric layout of traffic lanes. Curve and taper information must be shown, but signage and striping type detail are not required. If permanent electric power is required on the project, IID's approved power source shall be shown on the plan. All utility conflicts must be noted at this time, so advance preparations for clearing the utilities can begin. It should be noted that the "concept review" stage frequently involves revisions and re -submittal before the consultant is authorized to proceed to the next stage. Getting the concept correct is a critical aspect to efficiently completing a custom design. (2) 2nd Review - 85-90% Check Plans & Specs The 85-90% Check: The consultant submits a complete set of plans with ALL SHEETS included in the plan set and a complete set of specifications. It is permissible to omit some detailing, but plan sheets and specification sections representing all disciplines must be submitted in the 2nd Review. Although the 85-90% figure suggests the design phase is nearly done, a more realistic perspective with respect to "calendar time" allowed for the design phase is 67%. Although the consultant's work is nearly 90% complete and winding down at this juncture, this milestone marks the point at which City staff begins to expend more time in verifying the design, confirming the quality of the plans and specifications, and conferring with stakeholders in the project. While in theory only 10% of the design remains, this portion of the design phase is "process" intensive V S:\CitvMar\STAFF REPORTS ONLY\C 10 RFP.docPaae 2 of 6 consumes calendar time. (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate The 100% Check: This review is exactly what it implies. This submittal includes everything complete in final form (no mylars) that the consultant believes is necessary to construct the project. This submittal is the City's first opportunity to review that premise. The consultant should submit plans that have been carefully reviewed by its organization for completeness and accuracy. The project specifications and engineer's estimate should be equally complete. (4) 4th Review - Preliminary Final (screen check) Screen Check: In a perfect world, City staff has caught every error of importance in the 3rd Review, and the consultant has appropriately addressed all issues raised in the 3rd check so the Preliminary Final PS&E is found suitable for publication. If the perfect world premise holds, no revisions will be required. B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 14 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. S:\CitvMar\STAFF REPORTS ONLY\C 10 RFP.docPaae 3 of 6 Proposal packages are to be submitted to the City on/or before November 3, 2003 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting January 1, 2004 as the start date. The City Council meets the 1" and V Tuesday of each month. The project schedule should include all approvals expected during the project period. S:\CitvMar\STAFF REPORTS ONLY\C 10 RFP.docPaae 4 of 6 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub - task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. n r- �.7 8 S:\CitvMcar\STAFF REPORTS ONLY\C 10 RFP.docPaae 5 of 6 CITY OF LA QUINTA COST PROPOSAL SHEET WASHINGTON STREET MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPE IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposals for professional engineering consultants to prepare the PS&E for the Washington Street Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5: 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed S:\CitvM4r\STAFF REPORTS ONLY\C 10 RFP.docPaae 6 of 6 9 106 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a). it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. Base-con.rev Pag1 bf 8 1 . '7 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of. Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Base-con.rev Pagi21of 8 = "� .,i. 4. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. a It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. Base -con. rev Pam !vf 81 1 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, ACity indemnitees,- from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) (Aclaims-) and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, Base-con.rev Pa� 9�of 8 1 J and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the City indemnitees, or at the City=s option, reimburse the City indemnitees their costs of defense, including reasonable attorney=s fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to P Base-consev age Hof 8} assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not Base-con.rev Pa of 8 preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 1�3 Base-con.rev Pagfzof 8 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Attention: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Pa of 8 3 4 Base-con.rev yl IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date: ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT By: Name: Title: Date: ?P" Base-con.rev Pa e of 8 its Exhibit A Scope of Services i R v Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Dollars ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. 20 ' f Exhibit C Schedule of Performance Consultant shall complete all services within the date of this Agreement. ( ) days of 21 Exhibit D Special Requirements 22 COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Adoption of a Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution supporting a statewide ballot initiative to require voter approval before state government may take local tax funds. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The General Assembly of Voting Delegates of the League of California Cities ("League") voted to sponsor a statewide ballot initiative to empower the voters to limit the ability of state government to confiscate local tax funds to fund state government at its September 10, 2003 meeting. The League has requested that all member cities offer support for a November 2004 ballot initiative that will allow voters to decide whether state government may appropriate local tax funds to fund state government operations and responsibilities. The proposed ballot initiative would accomplish the following: 1. Public Vote Required. Require approval by a majority of the electorate before a proposed state law may take effect that appropriates, reallocates, redistributes, reduces or suspends the payment of local tax revenues (sales, property and VLF) to cities, counties and special districts; and 11,10 2. Reimburse for Mandated Costs. Clarify that the state must reimburse local governments for a new mandated program or higher level of service when revenues previously allocated to local government are reallocated or redistributed to a state -created fund. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution supporting a statewide ballot initiative to require voter approval before state government may take local tax funds; or 2. Do not adopt a Resolution supporting a statewide ballot initiative to require voter approval before state government may take local tax funds; or 3. Provide staff with alternative direction. Respectfully submitted, JU417 Terry Delgringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager 2 111 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS WHEREAS, state government annually seizes over $800 million in city property tax funds (ERAF) statewide, costing cities over $6.9 billion in lost revenues over the past 12 years and seriously reducing resources available for local public safety and other services; and WHEREAS, in adopting the state budget this year the Legislature and Governor appropriated local vehicle license fee backfill and redevelopment property tax funds that are needed to finance critical city services such as public safety, parks, street maintenance, housing and economic development; and WHEREAS, the deficit financing plan in the state budget depends on a local property and sales tax swap that leaves city services vulnerable if the state's economic condition fails to improve; and WHEREAS, the adopted state budget assumes an ongoing structural budget deficit of at least $8 billion, putting city resources and services at risk in future years to additional state revenue raids; and WHEREAS, it is abundantly clear that state leaders will continue to use local tax funds to balance the state budget unless the voters limit the power of the Legislature and Governor to do so; and WHEREAS, the voters of California are the best judges of whether local tax funds should be diverted, confiscated, shifted or otherwise taken to finance an ever-expanding state government; and WHEREAS, the General Assembly of Voting Delegates of the League of California Cities at its September 10 2003 meeting voted to sponsor a statewide ballot initiative to empower the voters to limit the ability of state government to confiscate local tax funds to fund state government; and WHEREAS, the League has requested November 2004 ballot initiative that will allow government may appropriate local tax funds to and responsibilities. that cities offer support for a voters to decid& whether state fund state government operations 142 3 Resolution No. 2003- Power Limitations on Legislature & Governor Adopted: October 7, 2003 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: . RESOLVED, that the City hereby expresses its strong support for a statewide ballot initiative to allow voters to decide whether local tax funds may be taken, confiscated, shifted, diverted or otherwise used to fund state government operations and responsibilities; and RESOLVED FURTHER, that the City Council and staff are authorized to provide, impartial informational materials on the initiative as may be lawfully provided by the city's representatives. No public funds shall be used to campaign for or against the initiative; and RESOLVED FURTHER, that the residents of the City are encouraged to become well informed on the initiative and its possible impacts on the critical local services on which they rely; and RESOLVED FURTHER, that the city manager (or clerk) is hereby directed to send a copy to the Executive Director of the League of California Cities. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of October, 2003, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 1 � 4 Resolution No. 2003- Power Limitations on Legislature & Governor Adopted: October 7, 2003 Page 3 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 144 5 1�/(n - f S r OF'1" 9� COUNCIURDA MEETING DATE: October 7, 2003 ITEM TITLE: Consideration of Approval of a Contract for Animal Shelter Services With the County of Riverside and Appointment of a Councilmember to Represent the City on the Animal Campus Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the contract with the County of Riverside for Animal Control Services and appoint a member of the City Council to represent the City on the Animal Campus Commission. FISCAL IMPLICATIONS: The cost to the City for animal shelter services at the new campus will be $70,223 for the first year of operation. That amount is subject to increase in subsequent years based on the Consumer Price Index or actual costs to run the shelter, whichever is less. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 5, 2003, the City Council decided to participate in the proposed Valley Animal Campus which will be located in Thousand Palms and is scheduled to be operational in December 2004. The Agreement under consideration is a prerequisite to participating in the animal campus. The contract calls for the City to appoint a representative to serve on the Animal Campus Commission, whose purpose is to provide oversight of the operator, operations budget and the contract. The Commission meets monthly on the second Thursday of the month at 9:30 a.m. at the CVAG offices. A copy of the Agreement is provided ' as Attachment 1. The City Attorney has reviewed the Agreement. 1 <15 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the contract with the County of Riverside for Animal Control Services and appoint a member of the City Council to represent the City on the Animal Campus Commission; or 2. Do not approve the contract with the County of Riverside for Animal Control Services and do not appoint a member of the City Council to represent the City on the Animal Campus Commission; or 3. Provide staff with alternative direction. Respectfully submitted, 4i?li Tom Hartung, Director f Building and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract for Animal Services ATTACHMENT 1 COACHELLA VALLEY ANIMAL CAMPUS CONTRACT FOR ANIMAL SHELTER SERVICES This CONTRACT FOR ANIMAL SHELTER SERVICES (this "Contract") is entered into as of , 2003, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (the "County"), and the City of La Quinta, a municipal corporation ("the City"). RECITALS A. Pursuant to an indenture, lease agreement and related documents, the Riverside County Palm Desert Authority (the "RCPDFA") and the County are cooperating in the financing and development of the Coachella Valley Animal Campus (the "Facility"), which is located at _(address pending) Rio del Sol, Riverside County, California. B. The County will lease the Facility from the RCPDFA and operate and manage the Facility and provide certain animal shelter and care services and enter into contracts with cities that wish to use the Facility in the performance. of their public duties. C. The City wishes to utilize the services at the Facility for a six year period and has agreed to pay the County a portion of the costs of operating the Facility, to appoint a representative to an oversight and policymaking body for the Facility (the "Animal Campus Commission"), and to undertake certain other. actions as provided in this Contract. NOW, THEREFORE, the County and the City agree as follows: 1. COUNTY SERVICES County shall operate the Facility as a first class animal shelter that provides the services described on Exhibit A, "Scope of Services" which is incorporated herein by this reference. 2. TMIE OF COMPLETION [PRELMNARY ONLY, Based on tentative construction completion date] The term of this Contract shall begin on [December 1st, 2004] and end on [December 1 st, 2010], unless extended or terminated earlier as provided below. 12395.0001\721700.2 14t 3 3. COMPENSATION AND METHOD OF PAYMENT A. Compensation. The maximum amount payable to the County during the first year of the term under this Contract is $ 70,223.00 (the "Annual Compensation"). Thereafter yearly, the Annual Compensation to County for shelter services may be increased in an amount not to exceed the December to December Consumer Price Index (CPI) published for Riverside County or actual shelter operating budget, whichever is less. Additional services above and beyond what is listed as shown in Exhibit A may be added to the scope of services only when such increase is mutually agreed upon between County and City pursuant to a recommendation by the Animal Campus Commission as set forth in Section 9.01 of the Bylaws of the Coachella Valley Animal Campus. B. Method of Payment. Payment shall be made according to the schedule and terms described on Exhibit "B", "Payment Schedule", which is incorporated herein by this reference. All expenses of County are included in the amounts payable pursuant to Exhibit B, and no expenses shall be reimbursed separately." 4. ANIMAL CANIPUS CONMUSSON The City agrees to appoint a representative to the Animal Campus Commission, a California non-profit corporation, and to cause its representative to participate diligently in the oversight of the operator, operation budget and this Contract. 5. ASSIGNMENT OF CONTRACT County shall not assign this Contract, or any part thereof, without the prior express written consent of the City. 6. NO PERSONAL LIABILITY No member, official or employee of the City shall be liable personally to County or any successor in interest in the event of any default or breach by the City or for any amount which may become due to County or any successor or on any obligation under the terms of this Contract. 7. INDEMNIFICATION A. County shall hold harmless, defend and indemnify City and its elective and appointive boards, commissions, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, any fines imposed by administrative or regulatory bodies, and costs and fees of litigation) of every nature arising out of or in connection with: (a) the negligent or willful misconduct of County or its 123 95.0001 \721700.2 4 officials, officers, agents, employees and volunteers; (b) County's performance of its obligations and conduct of its agents hereunder; or (c) County's failure to comply with any provision of this Agreement; except such loss or damage which was caused by the negligence or willful misconduct of the City or its officials, officers, agents, employees, and volunteers. B. City shall hold harmless, defend and indemnify County and its elective and appointive boards, commissions, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, any fines imposed by administrative or regulatory bodies, and costs and fees of litigation) of every nature arising out of or in connection with: (a) the negligent or willful misconduct of City or its officials, officers, agents, employees and volunteers; (b) City's performance of its obligations and conduct of its agents hereunder; or (c) City's failure to comply with any provision of this Agreement; except such loss or damage which was caused by the negligence or willful misconduct of the County or its officials, officers, agents, employees, and volunteers. C. The City does not, and shall not, waive any rights that it may have against County under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. 8. INSURANCE A. County must procure and maintain, at its own expense, for the duration of the Contract, including any extensions, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under this Contract by the County, its agents, representatives, employees or subcontractors. B. Minimum Scope of Insurance. Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01 01 96). (2) Insurance Services Office form number CA 00 01 12 93 covering Automobile Liability, code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employers Liability Insurance. (4) Professional Liability Insurance appropriate to the County's profession covering all negligent acts, errors and omissions. 14J 12395.0001\721700.2 C. Minimum Limits of Insurance. County must maintain limits no less than: (1) General Liability: $1,000,000 per occurrence.for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the State of California and Employer's Liability limits of $1,000,000 for bodily injury by accident and $1,000,000 per person and in the annual aggregate for bodily injury by disease. (Required only if County has employees). (4) Professional Liability Insurance: $1,000,000 per occurrence. D. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed $ E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City and its respective commissioners, members, officers, agents and employees are to be covered as insureds as respects: liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the County; and liability arising out of work or operations performed by or on behalf of the County. (2) For any claims related to this Contract, the County's insurance coverage must be primary insurance as respects the City and its respective commissioners, members, officers, agents, and employees. Any insurance or self-insurance maintained by the City and its respective commissioners, members, officers, agents or employees shall be excess of County's insurance and shall not contribute with it. (3) The certificates of insurance shall provide that the respective insurance policy shall not be terminated without first providing thirty (30) days' written notice to the City of such termination. 100 12395.0001\721700.2 D] F. Workers' Compensation and Employers Liability Coverage. Insurer shall agree to waive all rights of subrogation against the City and its respective commissioners, members, officers, agents and employees for losses arising from work performed by County or for the City. G. Acceptability of Insurers. Insurance is to be placed with insurers with a current A. M. Best's rating of no less than ANIL H. Verification of Coverage. County must furnish the City with certificates of insurance and with original endorsements evidencing coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City. All certificates and endorsement are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements demonstrating the coverage required by these specifications at any time. 9. REPORTS AND INFORMATION At such reasonable times and in such reasonable forms as the City may require, the County shall furnish the City or its designated representative such statements, records, reports, data and information about the services provided at the Facility and any field services provided by the County in the City as the City may reasonably request. County shall respond in writing within thirty (30) days to any such request. 10. CONFLICTS No employee, agent, contractor, officer or official of the City, or the County, who exercises any functions or responsibilities with respect to this Contract or who is in a position to participate in a decision making process or gain inside information with regard to it, shall obtain a personal or financial interest in or benefit from any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom they have family or business ties, during his or her tenure or for one year thereafter. 11. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND MINORITY AND WOMAN -OWNED BUSINESS ENTERPRISES A. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, religion, creed, national origin or ancestry, sex, age, marital or domestic partner status, sexual orientation or disability in the performance of this Contract. County will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, creed, national origin or ancestry, sex, age, marital or domestic partner status, sexual orientation or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship; and provision of any services or accommodations to- clients or the general public. 151 12395.0001\721700.2 7 B. County will, in all solicitations or advertisements for employees placed by it or on its behalf, state it is an equal opportunity employer. C. County will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 12. TERMINATION After a period of 5 years, either party may terminate this Contract without cause upon provision of a written notice of a minimum of 12 months in advance prior to the effective date of such termination. 13. MISCELLANEOUS PROVISIONS A. Notices All notices, demands, consents or approvals required under this Contract shall be in writing and shall be deemed given when delivered personally or by facsimile transmission or three (3) business days after being deposited in the U.S. Mail, first class postage prepaid, return receipt requested, addressed as follows: If to the City: If to County: Attention: CA 9 Attention: or to such other addresses as the parties may designate by notice as set forth above. B. Time of Performance (1) Time is of the essence in the performance of all the terms and conditions of this Contract. (2) All performance and cure periods expire at 5 p.m., Pacific Standard Time, on the applicable date. (3) A performance or cure date which otherwise would be a Saturday, Sunday or City holiday shall be extended to the next City working day. 12395.0001\721700.2 1 J �^.► N. C. Successors and Assigns This Contract shall be binding upon and inure to the benefit of the successors and assigns of the City and the County. Where the term "County" or "City" is used in this Contract, it shall mean and include their respective successors and assigns; provided, however, that the City shall have no obligation under this Contract to, nor shall any benefit of this Contract accrue to, any unapproved successor or assign of County where City approval of a successor or assign is required by this Contract. D. Modification, Waiver and Amendment Any modification, waiver or amendment of any of the provisions of this Contract must be in writing and signed by both the City and County. E. Entire Contract This Contract represents the complete agreement between the parties as to the matters described herein, and there are no oral understandings between County and the City affecting this Contract not set forth herein. This Contract supersedes all previous negotiations, arrangements, agreements and understandings between County and the City with respect to the subject matter hereof. F. Severability If any provision of this Contract shall be determined to be illegal or unenforceable, such determination shall not affect any other provision and all such other provisions shall remain in full force and effect. G. GoverninLaw This Contract shall be governed by the laws of the State of California. H. Headings Titles of parts or sections of this Contract are inserted for convenience only and shall be disregarded in construing or interpreting its provisions. I. Attorneys' Fees In any action or proceeding arising out of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 1V3 12395.0001\721700.2 E J. Authority The undersigned represents and warrants that he or she has full power and authority to enter into this Contract and to bind the County in accordance with its terms. K. Designated Representative The initial designated representative for the City for this Contract is: The initial County designated representative for this Contract is: L. Venue All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Riverside County, California. M. Captions and Headings The captions and headings contained in this Contract are provided for identifications purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. IN WITNESS WHEREOF the City and County have executed this Contract as of the date first above written. COUNTY OF RIVERSIDE, a political subdivision of the State of California By: Name: Its: APPROVED AS TO FORM: 0 County Counsel Mayor, City of La Quinta, a municipal corporation. 1�4 123 95.0001 \721700.2 Attest; City Clerk, City of La Quinta APPROVED AS TO FORM: LIM City Attorney 123 95.0001 \721700.2 11 SCOPE OF SERVICES Hours of Operation for Shelter: Monday: 10 AM to 4 PM Tuesday: 10 AM to 4 PM; Wednesday: 10 AM to 4 PM Thursday: 1 PM to 7 PM Friday: 10 AM to 4 PM Saturday: 10 AM to 4 PM Sunday: Closed Government Code Holidays: Closed HOUSING Indoor/Outdoor Kennels Shelter of stray dogs and cats Large animal holding facilities (if requested by City) Disposal of dead animals Euthanasia services Accept owner turned in animals Quarantine of animals suspected of rabies or dangerous to the public 24 hour, 7 day a week access to facility for all city field animal control officers ADOPTION SERVICES Adoptions Grooming facilities Licensing of animals (optional service, if selected by City) Reclaim of lost or impounded animals Vaccination of incoming animals Website program and access Promote and assist in low cost - no cost spay/neuter services Vaccination clinics Micro chip implant services Facility Features for Adoptions: Puppy rooms Specialty kennels Get acquainted rooms Outdoor exercise area 123 95.0001 \721700.2 12 11: : PAYMENT SCHEDULE ANIMAL CAMPUS - OPERATIONAL BUDGET FOR THE FOLLOWING JURISDICTIONS: Desert Hot Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Coachella, and Riverside County ANNUAL ALLOCATION FOR JURISDICTIONS For O erations of Animal Shelter Jurisdiction Annual Allocation Allocation Percentage Desert Hot Springs $ 711,465 12.84 % Cathedral City 901482 16.26 % Rancho Mirage 283,825 5.18 % Palm Desert 109,599 19.69 % Indian Wells 45604 .83 % La Quinta 70,223 12.62 % Coachella 31,320 5.63 % Riverside County 150,000 26.95 % TOTAL $ 5569518 100 % Above Based Upon: Estimated Budget: $ 556,518 Method of Payment: In order to operate the Facility, it is preferred that all payments be made annually, due and payable on or about July 1". A jurisdiction may, however, choose to pay in quarterly installments, of equal amounts, with the first payment beginning on or about July 1 St and payments made thereafter quarterly (or about, October 1, January 1 and April 1). Checks shall be made payable to the County of Riverside. 12395.0001\721700.2 13 COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Consideration of Investment Advisory Board 2003/2004 Work Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Investment Advisory Board 2003/2004 Work Plan. FISCAL IMPLICATIONS: Fiscal implications consist of Board Members meeting expenses, budgeted at $4,500, and staff support time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Investment Advisory Board's 2003/2004 Work Plan at their September 10, 2003 meeting consisted of the following: • Educational meetings with Investment Advisors on managing City funds; • Review of Commercial Paper; • Review of Government Sponsored Enterprises (GSE's); • Review of LAIF; • Other recurring items such as the monthly Treasurer's Report, LAIF reports and monthly Cash Reports. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Investment Advisory Board 2003/2004 Work Plan; or 2. Do not approve the Investment Advisory Board 2003/2004 Work Plan; or 3. Provide staff with alternative direction. Respectfully submitted, hn M. ralconerlff t-inance uirector Approved for submission by: Thomas P. Genovese, City Manager Ji'' • 0 am . OW 'WW qMWV W OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 7, 2003 BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: Consideration of a Holiday Parade STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize the Cultural Arts Commission to arrange and host entertainment for the annual Tree Lighting Ceremony with a pre -determined budget from the Community Special Events account. FISCAL IMPLICATIONS: Should the City Council approve the holiday parade, the Cultural Arts Commission anticipates this event would be self -funded by the entry fees being proposed. If the City Council approves the holiday parade, all entry fees and other donations will be remitted to the City and be used to offset the cost of the program. However, if the entry fees do not generate the funds needed, funds from the Community Special Events account (#101-251-609-634) could be used. The uncommitted balance in this account as of this report is $10,000. The estimated cost involved in this project is $8,000, of which approximately $2,000 would be for staff time. If the City Council should direct the Commission to arrange for and host entertainment for the annual Tree Lighting Ceremony, a pre -determined budget could be established using the Community Special Events account. The Cultural Arts Commission has also expressed a desire to offer a spring concert which would be funded from the Community Special Events account. Should the City Council approve the holiday parade to be funded from the Community Special Events account, funds would need to be drawn from the General Fund Reserve account to fund the spring concert if approved by the City Council. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Cultural Arts Commission would like to host a holiday parade on Friday, December 5, 2003, prior to the annual Tree Lighting ceremony planned for this date. The preliminary plans for the parade, as provided by the Cultural Arts Commission, include: ❑ Inviting La Quinta businesses to enter a vehicle (either a car or golf cart) which would be decorated with lights and would display a banner advertising their business ❑ An entry fee of $100 per golf cart or $200 per car would be charged ❑ The parade entries would gather at the south end of Eisenhower Drive at approximately 4:00 p.m. ❑ The parade would begin at 5:00 and would end at the Civic Center Campus ❑ The parade route would be north on Eisenhower to Calle Tampico, east on Calle Tampico to the Senior Center entrance (Attachment 1) ❑ The cars would then circle the holiday tree on the Civic Center Campus by parking on Calle Tampico and Avenida La Fonda ❑ The annual Tree Lighting ceremony would take place on the Civic Center Campus ❑ The Senior Center would be highly decorated and used for performances and as a hospitality location ❑ Entertainment would be provided at the event, around the tree and at the Senior Center (Specific entertainment has not been determined at this time) The Commission has also requested that the City's holiday tree be placed on the amphitheater instead of on the pad designated on the Civic Center Campus for that purpose. (Upon evaluation by staff, due to the structural needs of the City's 17-foot holiday tree, placing the tree on the amphitheater would require retrofitting the amphitheater to accommodate the footings for the tree.) Costs associated with the proposed parade include noticing the affected residents of the street closures, staff time and supplies for street closures and other miscellaneous costs associated with street closures. It is anticipated that the street closures would begin at 2:00 p.m. and would be removed by 9:00 p.m. on Friday, December 5. Traffic control personnel would be needed which would involve additional costs for police personnel. The estimated cost for this component is $ 1,500. The Commission anticipates this event would be self -funded by the entry fees. In addition to the street closure costs and traffic control personnel, there will be costs associated with purchasing elaborate decorations for the Senior Center, entertainment and refreshments. The estimated cost of this component is $500. The Cultural Arts Commission has not begun soliciting entertainment for this event; therefore, the estimated cost may be higher than anticipated based upon future negotiations. The Commission anticipates being able to organize and coordinate this event with very little Community Services Department staff involvement. In the Commission's approved 2003-04 Work Plan, the Commission is authorized to conduct cultural conferences, workshops and events. Participation in the annual Tree Lighting ceremony is specifically mentioned in that Work Plan (Attachment 2.) In the past, the Cultural Arts Commission has arranged for and hosted the entertainment at the annual Tree Lighting ceremony. Staff would recommend the Commission continue this task for this year's event. The Commission has also requested that the annual Tree Lighting Ceremony be presented at a later date in December. This event has been advertised in the Community Services Department Fall brochure, the Chamber of Commerce GEM, and other publications with the December 5th date. Changing the date of this annual event could cause some confusion with the public. The cost to re -advertise this event is estimated to be $ 4,000. As a reference, the annual Tree Lighting Ceremony has historically been offered the first Friday in December and the annual Breakfast with Santa has been offered the second Saturday in December. The annual Tree Lighting Ceremony began as a component of the Chamber of Commerce's Mainstreet Marketplace program offered in the Village. The date for Mainstreet Marketplace events was the first Friday of the month. Since this time, the community has come to expect the annual Tree Lighting Ceremony to be held on the first Friday in December. Issues the City Council may want to consider regarding approving the holiday parade request for the December 5th date: ❑ Closure of Eisenhower Drive on Friday night ❑ Lack of time to adequately inform the community of the event Staff would recommend that should the City Council choose to have the Cultural Arts Commission organize and host a holiday parade, this event could be included in the Commission's Fiscal Year 2004-05 Work Plan and a budget be established in the Community Services Department's Fiscal Year 2004-05 budget. With these two tools, planning could begin in July 2004 for a holiday parade in December 2004. 16Aw The Cultural Arts Commission would be accomplishing an assigned Work Plan task by arranging for and hosting the entertainment for the annual Tree Lighting Ceremony at the December 5, 2003 event. Should the Commission be informed of the City Council's direction regarding the entertainment component of the event at their October 9, 2003 meeting, the Commission could aggressively begin planning for the entertainment component of the annual Tree Lighting Ceremony. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the Cultural Arts Commission to arrange and host entertainment for the annual Tree Lighting Ceremony with a pre -determined budget from the Community Special Events account; or 2. Authorize the addition of a holiday parade to be included as part of the annual Tree Lighting Ceremony and/or authorize the Cultural Arts Commission to organize and coordinate this event; or 3. Do not authorize the addition of a holiday parade to be included as part of the annual Tree Lighting Ceremony and/or do not authorize the Cultural Arts Commission to organize and coordinate this event; or 4. Provide staff with alternative direction. Respe fully sub itted, .� Do a orvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Map of Proposed Parade Route 2. Portion of the 2003-04 Cultural Arts Commission Work Plan ATTACHMENT 1 CALLE TAMPICO %_ CALLE TAMPICO EISENHOWER DR Start Parade Avenida Bermudas and Eisenhower Dr. Cccampus.shp Routeshp Cove paradeshp End Parade Civic Center Campus AVENIDA BERMUDAS1 EISENHOWER DR W N E 5 ATTACHMENT 2 'Cultural Arts Commission Work Plan July 2003 Task: Completion Date: Participants: Suggested Resources: Commission Steps to Completion: Coachella Valley Cultural Conferences, Workshops, & Events On -going Commissioners, City Council Community members, City Council, Coachella Valley Cities, private cultural arts interests, State and Federal sources, and other appropriate organizations • Recommend for City Council consideration one proposed educational conference, workshops & possibly three events such as concerts, dances, puppet shows, chorale and mimes. • Participate in the annual Holiday Tree Lighting Ceremony and Artist Partnership Day • Work with Coachella Valley Cities to determine proposed speakers and budget for consideration by Council Solicit contributions to off -set the cost of the program as approved by the. City Council s Conduct the conferences, workshops & events Commission Time: Up to 100 hours per event Staff Time: Up to 60 hours per event Fiscal Commitment: Up to $10,000 per event and up to a maximum of $40,000 per year for four events. Staff Role: Provide support and act as a liaison to City Council Council Role: Review purpose of conferences, workshops & events and consider participation and budgets for events Ica 6 6 `Cultural Arts Commission Work Plan July 2003 Goal: Chapter 2.75.040 (6) Work cooperatively with City boards, commissions and committees, and other public and private organization in promoting art and cultural activities within the City. 166 '7 COUNCIL/RDA MEETING DATE: October 7, 2003 Consideration of a Request to Reconsider Environmental Assessment 2003-478, Specific Plan 2003-065, Tentative Tract Map 31379, and Site Development Permit 2003-778, Centex Destination Properties RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPACT: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: City Council Resolution 2003-025, a revision of Section 7.3 of Resolution 98-109 regarding Rules of Procedure for City Council meetings, allows a member of the City Council to request, within seven calendar days, any action taken by the Council to be brought back for reconsideration. Staff received a request from Mayor Adolph, within the allowed time, to agendize this project for reconsideration (Attachment 1). The reconsideration, if granted, opens the prior approvals for further review. The applicant would like the Council to concentrate on Condition No. 14 of the Specific Plan and potential changes pertaining thereto. The item is before the Council for consideration and direction. 167 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the reconsideration and set a date for the public hearing; or 2. Do not approve the reconsideration, confirming the approvals as made; or 3. Provide staff with alternative direction. Respectfully submitted, -ry u. Herman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Letter of Request for Reconsideration 1f3 ATTACHMENT 1 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 OFFICE OF THE MAYOR September 23, 2003 Thomas P. Genovese, City Manager City of La Quinta P.O.1504 La Quinta, CA 92253 Dear Tom: (760) 777-7000 (TDD) (760) 777-1227 Please agendize for the October 7; 2003 City Council Meeting the Reconsideration for Environmental Assessment 2003-478, Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003- 778. These items pertain to the Centex Destination Properties for the development of Villa La Quinta located at the northwest corner of Eisenhower Drive and Coachella Drive. As you are aware this item was heard by the City Council on September 16, 2003 and my request falls within the council rules and procedures for reconsideration. Sincerely, (L DON ADOLPH, Mayor City of La Quinta g�� QUA T-0 1 4 COUNCIL/RDA MEETING DATE: October 7, 2003 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: Consideration of a Funding Request from the La Quinta Historical Society STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Dependent upon City Council action, the total amount requested by the Historical Society is $16,470. Funds could be allocated from the Special Projects Contingency Account (#101-251-663-000) which has an uncommitted balance of $8,200 as of this report, or the General Fund Reserve. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 13, 2003 City Council meeting, the La Quinta Historical Society requested City Council consideration for funding, as provided in Attachment 1. The City Council referred this item to staff and directed staff to meet with the Historical Society to discuss the future operating plans for the museum. Staff met with representatives Inge Vorderwinkler and Shelley Morris of the Historical Society, at which time they asked about the possibility of the City funding the Historical Society's operation of the La Quinta Museum. Attachment 2 provides information presented by the Historical Society as to the proposed hours of operation and goals for Fiscal Year 2003-04. According to Ms. Vorderwinkler, it is anticipated the La Quinta Museum will be open from October 16 through May 29, 2004. Also included in Attachment 2 is a proposed budget as presented by the Historical Society for City Council consideration. The proposed budget is to operate the museum during Fiscal Year 2003-04. The Historical Society 170 is seeking funding for Fiscal Year 2003-04 and will use some of the funds to replenish the funds expended from July to October of this year and to fund upcoming expenses per Ms. Vorderwinkler. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the expenditure of funds from the Special Projects Contingency Account and/or General Fund Reserve for operation of the La Quinta Museum by the La Quinta Historical Society; or 2. Do not authorize the expenditure of funds from the Special Projects Contingency Account and/or General Fund Reserve for operation of the La Quinta Museum by the La Quinta Historical Society; or 3. Provide staff with alternative direction. RespIctfully qubmitted, Dodie Horvitz, dpmmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes from the June 13, 2003 City Council Meeting 2. Request from the La Quinta Historical Society ��1 ATTACHMENT 1 LA QUINTA CITY COUNCIL SPECIAL MEETING MINUTES JUNE 13, 2003 A special meeting of the La Quinta City Council was called to order at the hour of 9:30 a.m. by Mayor Adolph. PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PLEDGE OF ALLEGIANCE Mayor Adolph led the audience in the Pledge of Allegiance. 0 Shelly Morris, 51-525 Avenida Juarez, secretary for the La Quinta Historical Society, stated they have submitted a request to contract for services because the current �. Board is not able to staff the museum at this time. She stated an alternative would be to initiate a hiatus until the timeline for the museum expansion is clear, and reorganize and recruit members at that time. Council Member Sniff noted reorganization would not be necessary, and stated he feels the logical action would be to take a hiatus for one year and re-evaluate the situation at that time. Council concurred to refer the matter to staff. CLOSED SESSION - None CQNFIRMATION OF AGENDA - Confirmed The City Council convened in joint session at this time with the Redevelopment Agency and the Financing Authority. 1723 ATTACHMENT 2 4 September 21, 2003 Honorable Mayor Adolph & La Quinta City Council Members City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Honorable Council Members: � �i I am writing to you today in regards to the La Quinta Historical Society and its museum and public education programs. The La Quinta Historical Society is a volunteer non-profit organization that serves our community by preserving and promoting the rich, multicultural history of La Quinta. As you may be aware, due to the delay of the new museum and various other considerations the museum's board had considered closing temporarily because of funding concerns. However, after meeting with our Board of Directors, City Council Members, and City Staff, we believe strongly that it is in the best interest of our city, our residents, and our membership to continue operating the museum. We will be unable to host our annual fund-raiser this year due to the uncertainty of the building of the new museum. These funds are relied upon heavily to support our educational programs, and operational expenses. We will need to find a way to help offset these expenses if we are to continue with our educational programs and keep the museum open to the public for the upcoming season. Therefore, we are requesting the city's financial assistance in offsetting these costs as outlined in the attached budget proposal. The proposed schedule for museum hours for the coming year would be: Thursday, Friday & Saturday, 10:00 a.m. to 2:00 p.m. We will continue to focus our attention on educational programs, which will include the following: ➢ Guest Speakers Open to the Public ➢ Educational Seminars for our Docents, Guests and Students ➢ Bus Tours for Area Students ➢ Community Outreach Programs 77-885 Avenida Montezuma, P.O. Box 1283, La Quinta, CA 92253 — 760.564.1283 "y 3 Pale 2: LQ Citn Council Letter The programs that the La Quinta Historical Society provides to the students of the local elementary schools, middle schools, and high schools will not be replaced by the school district should the museum be forced to discontinue them. We would greatly appreciate your serious consideration of financial assistance to allow the Historical Society to continue its work to preserve and promote the rich multi -cultural history of this beautiful city. Sincerely, 0.- 11CZ'04 G G, . Inge Vorderwinkler President LQHS CC: Board of Directors Tom Genovese, City Manager Dodie Horvitz, Community Services Dir. IfidAwa 2003-2004 Business Plan Mission Statement: The La Quinta Historical Society is a volunteer, non-profit service organization dedicated to preserving and promoting the rich, multi- cultural history of La Quinta. Objective: The Society strives to touch all ages, socio-economic, and multi- ethnic groups, residents and visitors in an effort to link the present and the future with the treasured past of La Quinta. Museum Hours: Open Thursday, Friday and Saturday 10:00 a.m. to 2:00 p.m. 2003-2004 Objectives and Goals Membership: a. Membership Drive b. Membership Events c. Community Interaction i.e. Chamber of Commerce/Historic Groups Community Awareness: Programs/Activities: Programs/Education: a. Brochure/Newsletter b. Public Relations c. Speakers Bureau a. Bus Tours b. Star Gazing a. Student Museum Tours b. Student Off -Site Tours c. Guest Speaker Luncheons Programs/Oral History: a. Research b. Interviews Museum Operations: a. Collection & Maintenance of Exhibits b. Curation and Archiving c. Docent Recruiting, Training & Scheduling 77-885 Avenida Montezuma, P.O. Box 1283, La Quinta, CA 92253 — 760.564.1283 l '-76 5 6 Museum Expenses: Qictn,..• on 2003/2004 Expense Budget Insurance: $ 21,100.00 Utilities: $ 1,970.00 Telephone: $ 1,200.00 Office Expenses: $ 39000.00 Docent Expenses: $ 19,200.00 Student Tours: $ 5,000.00 Newsletter: $ 2,000.00 Total Expenses: $ 169470.00 77-885 Avenida Montezuma, P.O. Box 1283, La Quinta, CA 92253 — 760.564.1283 1 �, T a 4,Y01 4 COUNCIL/RDA MEETING DATE: October 7, 2003 Consideration of a Resolution of the City Council Making Certain Findings Pursuant to Health and Safety Code Section 33445 (a) and Consenting to the Expenditure of Funds to Purchase Real Property Located at the Southeast Corner of Westward Ho Drive and Dune Palms Road and Making Well Site Improvements Related to Coachella Valley Water District Well Site Requirements Pertaining to the Development of SilverRock Ranch RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the La Quinta Redevelopment Agency's payment for certain real property and improvements thereto. FISCAL IMPLICATIONS: The Agreement will result in the expenditure of approximately $206,000 in Redevelopment funds for the acquisition of the Property. The purchase price is $50,000 and the remaining amount of $156, 000 is estimated for escrow, title, staff, consultants, other miscellaneous acquisition expenses, and improvement to the Property for acceptance by CVWD. Acquisition costs will be funded through the SilverRock Ranch Capital Improvement Project Account 401-723-609-553 which identifies expenditures for activities required to construct the public improvements at SilverRock Ranch. BACKGROUND AND OVERVIEW: The Redevelopment Agency is proposing to acquire a .57-acre site (Attachment 1) that is owned by John T. Slater, Jr., Trustee ("Property"). The Property is currently undeveloped and will be dedicated to the Coachella Valley Water District ("CVWD") for use as a domestic well site. 1'� 7 S:\CityMgr\STAFF REPORTS ONLY\10-7-03\BS8-Wellsite-Council.doc On July 1, 2003, the Agency Board reviewed a staff proposal to submit an offer to purchase the Property for transfer to CVWD. One requirement of developing the golf and resort uses at SilverRock Ranch is the need to obtain up to eight water well sites. This requirement originally surfaced when staff conducted due diligence activities prior to purchasing the Property, and was subsequently confirmed during follow-up discussions with CVWD staff (Attachment 2) . Per CVWD requirements, a water well is required for every 70 acres, or portion thereof, of new development. At 525 acres, development of SilverRock Ranch requires 7.5 or 8 well sites, with CVWD rounding up to the next whole number. Not all well sites have to be in hand when construction starts; instead, they will need to be transferred to CVWD as each 70-acre increment of development commences. The wells must be located in the lower La Quinta zone, which is generally bounded by Interstate 10 to the north, Washington Street to the east, the Coral Reef Mountains and Avenue 54 to the south, and Jefferson Street to the east. Because the toe of the mountains gently subsides once below the desert floor, well sites cannot be closer than 1,000 feet of the mountain's toe, nor within 1,000 feet of another well, or approved well site. Staff has been working with local brokers, property owners and CVWD representatives to identify potential well sites. To date, two sites have been identified that could accommodate two wells. One site is located in the excess property that the City is acquiring to widen Jefferson Street. The other is this Property. These sites have been reviewed and conditionally approved by CVWD staff. Prior to accepting these sites, CVWD is requiring that environmental documentation in accordance with CEQA guidelines be completed. Staff will be processing these documents and will improve the Property per CVWD requirements before transferring the Property. Funds for these activities are included in the Capital Improvement budget for SilverRock Ranch. This Property would be purchased for $50,000. It is anticipated that it will take an additional $100,000 to $150,000 to improve the Property for acceptance by CVWD. Further, staff will be designing these improvements to both meet CVWD requirements and to enhance this City entry point. The purchase price is $2.01 per square foot of land area, which upon reviewing land sale comparables is at, or below, market value for similar residentially zoned property. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the La Quinta Redevelopment Agency's payment for certain real property and improvements thereto; or 1';'3 002 S:\CityMgr\STAFF REPORTS ONLY\10-7-03\BS8-Wellsite-Council.doc 2. Do not adopt a Resolution of the City Council approving the La Quinta Redevelopment Agency's payment for certain real property and improvements thereto; or 3. Provide staff with alternative direction. Respectfully submitted, iermanp unity Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Site map 2. CVWD letter dated July 9, 2003 003 o S:\CityMgr\STAFF REPORTS ONLY\10-7-03\BS8-Wellsite-Council.doc RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE LA QUINTA REDEVELOPMENT AGENCY'S PAYMENT FOR CERTAIN PUBLICLY -OWNED LAND WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic organized and existing under the Community Redevelopment Law (California Health and Safety Code § 33000, et seq.) to carry out the purposes of redevelopment in the City of La Quinta ("City"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan for the La Quinta Redevelopment Project No. 1 ("Redevelopment Plan" or "Project Area," as applicable); and WHEREAS, the City has entered into, or is about to enter into, that certain Agreement for Purchase and Sale of Real Property located at the southeast corner of Westward Ho Drive and Dune Palms Road (APN 640-040-001), City of La Quinta, California (the "Agreement"), with John T. Slater, Jr., Trustee ("Seller"), pursuant to which the City has agreed to purchase certain real property located within the Project Area (the "Property") from Seller, for the purchase price of Fifty Thousand Dollars ($50,000) (the "Purchase Price"). City intends to develop and maintain the Property as a well site; and WHEREAS, on the 6th day of May, 2003, the La Quinta City Council (the "City Council") approved the 2003-2004 Economic Development Plan which includes implementation policies supporting enhancement of recreational opportunities; and WHEREAS, the lack of recreational facilities was documented as one of the conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for the Project Area; and WHEREAS, Section 518 of the Redevelopment Plan authorizes the Agency to purchase and improve property for park facilities; and WHEREAS, purchasing the Property would afford the Agency the opportunity to address some of the aforementioned conditions of blight; and 130 004 S:\CityMgr\STAFF REPORTS ONLY\BS8-Wellsite-Council Reso.DOC City Council Resolution 2003-_ Westward Ho Well Site Purchase Adopted: October 7, 2003 WHEREAS, there is inadequate funding within the City's General Fund or from other sources to acquire the Property; and WHEREAS, the Agency's purchase of the Property is in accordance with the Redevelopment Plan and is of benefit to the Project Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: Section 1. That the above recitals are true and correct and incorporated herein. Section 2. That the City Council does hereby find and determine as follows: a. That the Agency's funding of the purchase of the Property is of benefit to the Project Area and to the immediate neighborhood of the Property, in that it will facilitate the development of recreation facilities at SilverRock Ranch and promote economic development activity in the Project Area by facilitating one of the CVWD requirements for providing water and sewer service to the SilverRock Ranch development. b. That no other reasonable means of financing the purchase of the Property, which is publicly owned land, is available to the community for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Property is to use Agency funding; (iii) without Agency funding the City would be unable to purchase the Property and thereafter develop the SilverRock Ranch, all to the detriment of the redevelopment of the Project Area. C. That the Agency's payment identified herein will assist in the elimination of blighting conditions in the Project Area in that deficient recreational facilities is a blighting condition addressed by the Agency's payment. d. That the Agency's payment identified herein is consistent with Agency's adopted Implementation Plan, in that improving public facilities in and benefiting the Project Area is a priority identified in the Implementation Plan. e. That the Agency's payment for the Property is necessary to effectuate the purposes of the Redevelopment Plan. 181 005 S:\CityMgr\STAFF REPORTS ONLY\BS8-Wellsite-Council Reso.DOC City Council Resolution 2003- Westward Ho Well Site Purchase Adopted: October 7, 2003 Section 3. The Agency's payment to purchase and improve the Property is hereby approved, and the funding is authorized for these purposes. Section 4. The City Council hereby approves of the Agency's authorization and direction to its Executive Director to take such other and further actions as may be necessary and proper to effect the Agency's payment and improvement of the Property. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 7th day of October, 2003, by the following vote: 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 S:\CityMgr\STAFF REPORTS ONLY\BS8 -Wellsite-Council Reso.DOC t3: t ��-:r ,� �' 1 Y't,�77`41ck y5.`•'✓` IIIHHH'''��iiittt va �� err a� - . �; *!tn' ��x�*�� i��f1F;�1Hi►>ui1N1 :�� ,� tit,+ *:. q�%�•.r� 0 ATM, �'�"� i i �� . �7��__gqnrr+[.� •stt�i �"(��(� t �lttb�i[� itifi'a,�, f _ - - .R .may ;. s. ��fiR�ir� S Nr�• . Miff UZI; A. 1,T ��'� a'� :.ice � ►, Kr}11 . -� f4�►"� { ti au+ts rr sttG13lit�� ..+-'tltttlltNiftfYNii�{rrIL; ;`� �F+1)1ffjF1rRHit!!Itt*t' �` '�7r AM ism is� •1"y�. i3r:�,c A 1� i� I HP 2w • ° ' ! �RJtj��,. � �',,,�s�tom' � � , Z DIRECTORS: ATTACHMENT If2 ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 - COACHELLA, CALIFORNIA 92236 - TELEPHONE (760) 398-2651 - FAX (760) 398-3711 JOHN W. McFADDEN, PRESIDENT PETER NELSON, VICE PRESIDENT TELLIS CODEKAS RUSSELL KITAHARA PATRICIA A. LARSON Jerry Herman Community Development Director City of La Quinta Post Office Box 1504 La Quinta, California 92253 Dear Mr. Herman: OFFICERS: STEVEN B. ROBBINS, GENERAL MANAGER -CHIEF ENGINEER July 9, 2003 REDWINE AND SHERRILL, ATTORNEYS File: 0424. We reviewed 2 potential La Quinta zone well site locations that you submitted. The first proposed site is located on the southeast corner of Dune Palms Drive and Westward Ho and the second proposed site is located along Westward Ho, approximately 1,000 feet east of Dune Palms Drive. The second proposed well site needs to be situated at the front of the lot. Both of these sites are conditionally approved. Acceptable well sites will be approximately 1,000 feet away from existing wells, including existing well sites, and approximately 100 feet from sewer manholes. In addition, acceptable well sites will be complete with exterior, low -maintenance landscaping, 8-foot high block walls, driveways, curbs and gutters, 12-inch minimum diameter water pipelines, blow -off water drainage facilities, access gates, and power and telephone service. A site plan must be submitted for final approval prior to construction of the above requirements. Prior to the District accepting these well sites, the environmental documentation, i.e., negative declaration in accordance with CEQA guidelines, must be completed by a company or individual with experience in preparing these types of environmental documents. If you have any questions please call Carrie Oliphant, Project Engineer, extension 2268. Yours very truly, Steve Robbins General Manager -Chief Engineer cc: Frank Spevacek Rosenow Spevacek Group, Inc. 94 217 North Main Street, Suite 300 �! I Santa Ana, California 92701 TRUE CONSERVATION USE WATER WISELY CO: j 1\eng\dom\j ul\herman REPORT/INFORMATIONAL ITEM: I� T1`0d4f4 4v QtAm COMMUNITY SERVICES COMMISSION MINUTES June 9, 2003 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:08 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Bechard led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Deborah Bechard Commissioner Gary Calhoun Commissioner Mike Davis MEMBERS ABSENT: Commissioner Michelle Boudreau STAFF PRESENT: Dodie Horvitz, Community Services Director Officer Heather Olsen, La Quinta Police Department II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the May 12, 2003 Minutes B. Monthly Department Report for April 2003 It was moved by Commissioners Calhoun/Davis to approve the Consent Calendar with one change to the minutes. Unanimous. V. PUBLIC HEARING — None. VI. BUSINESS ITEMS A. August Meeting Date Due to the Commissioner's summer schedule, the Commission determined the meeting date would not be needed. It was moved by Commissioners Calhoun/Davis to go dark in August. Unanimous. Community Services Commission June 9, 2003 Minutes Page 2. B. Special Events Update After some discussion regarding the Cove Oasis Trailhead dedication and the Skate Park grand opening, Commissioners Calhoun and St. Johns will attend both events. It was moved by Commissioners Calhoun/Davis to have Commissioners Calhoun and St. Johns attend the two events on June 21, 2003. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS Staff presented the Summer 2003 brochure and highlighted additional information contained in the brochure. VI11. COMMISSIONER ITEMS Commissioner Davis asked to be excused from the July meeting, as he will be out of town due to a work commitment. Commissioner Calhoun stated that he would prefer receiving the Commission packet via e- mail verses mail. The Commissioners did not receive their packets for the June meeting via mail. After some discussion, all Commissioners stated that they would prefer to get their packets via e-mail and any attachments can be handed out at the meeting. Commissioner Davis stated that he saw a maintenance worker washing the tennis courts at Fritz Burns Park with the hose and the nozzle had too tight of a spray to protect. the court surface. He suggested a tennis court power nozzle be used. Staff will pass this information along to the maintenance department. Commissioner St. Johns asked if Frances Hack Park will have basketball courts included in the remodel. Staff reported that according to the plans presented to the City, basketball courts would be included in the middle of the park. IX. ADJOURNMENT It was moved by Commissioners Davis/Bechard to adjourn the Community Services Commission meeting at 7:30 PM. Unanimous. NEXT MEETING INFORMATION Monday, July 14, 2003 @7:00 PM La Quinta City Hall Study Session Room by: UJU( Dodie HorvitzemmJWtv Services Director SACommunity Services\Community Services Commission\minutesCSC\2002\CSCMIN 2003\CSCMIN.06.09.03.doc - 3 IV. CONSENT CALENDAR A. 44 �i,AT� OF COMMUNITY SERVICES COMMISSION MINUTES July 14, 2003 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:08 p.m. in the East Conference Room of the La Quinta Civic Center, Chairperson St..Johns presided over the meeting. City Clerk June Greek gave the Oath of Office to new: appointed Commissioner Mike Cross. Commissioner Cross led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Deborah Bechard Commissioner Gary Calhoun Commissioner Mike Cross MEMBERS ABSENT: Commissioner Mike Davis STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the June 9, 2003 Minutes B. Monthly Department Report for May 2003 It was moved by Commissioners Calhoun/Bechard to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING — None V1. BUSINESS ITEMS A. Election of Chair Community Services Director Horvitz opened nominations for Chair. Commissioner Calhoun nominated Commissioner St. Johns. It was moved by Commissioners Calhoun/Bechard to appoint Commissioner St. Johns as Chairperson. Unanimous. B. Election of Vice Chair Chairperson St. Johns opened nominations for Vice Chair. Commissioner St. Johns nominated Commissioner Calhoun. It was moved by Commissioners St. Johns/Bechard to appoint Commissioner Calhoun as Vice Chairperson. C. Facility Use Policies Director Horvitz presented to the Commission the Facility Use Policies to be considered by the City Council at their July 22, 2003 meeting. Staff requested direction regarding changes to the Policies. Following are the recommendations of the Commission: CIVIC CENTER CAMPUS Concurrent Use of the Amphitheater/Gazebo and the Senior Center Commission recommendation: Events that last thirty (30) minutes or less and have thirty (30) people or less will not require the use of the Senior Center. Restricting Public Access Commission recommendation: Events should leave one third of the Civic Center Campus open to the general public and the number of days the campus is' closed to the general public should be limited to thirty (30) in a calendar year. Allowing Commercial Events and Fund Raisers Commission recommendation: Events should be regulated through the Temporary Use Permit process and process evaluated in the future. Parking Plan Commission recommendation: A formal parking plan should be developed and required for events that will require additional parking. 1 rJ Community Services Commission June 9, 2003 Minutes Page 3. LA QU/NTA SENIOR CENTER Alcohol Policy Commission recommendation: The City maintain a list of approved cleaning companies and a bond be issued for the cleaning of the Center after an event in which alcohol is served. Commission recommendation: Raise the set up fee to $90 and cleaning fee to $ 150. COVE OASIS TRAILHEAD Vehicular Access Commission recommendation: Limiting vehicular access to one vehicle per event, and vehicle must be parked before the event and should not leave until after the event. The vehicle should be limited to one axle and under a one -ton capacity. Port -a -Lets Permitted Uses FRI TZ BURNS PARK Limiting Inflatable Amenity Vendors Skate. Park Rental LA QUINTA PARK AND SPORTS COMPLEX Snack Bar Operation Q SACommunity Services\Community Services Commission\minutesCSC\2002\CSCMIN 2003\CSCMIN.07.14.03.doc ,1 Community Services Commission June 9, 2003 Minutes Page 4. La Quinta Park Snack Bar Electric Vehicle Use Utility Bills Community Association Application Annual Turf Maintenance Program VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Update Regarding Purchase of Open Space Property Director Horvitz gave Commissioners an update regarding the City's purchase of the 19- acre property along the Bear Creek Trail on Avenida Montezuma. Commissioners discussed having a public meeting to determine what is desired for the property. Commissioner Calhoun suggested trying a mass mailing to get citizen opinions. Staff reported a dog park would be possible at the site. B. Update on Current Commission and Board Members Commissioners received list of phone numbers and addresses of current City Commission and Board Members. Commissioner Bechard informed that her phone numbers were incorrect, and Commission Calhoun's email address was also listed incorrectly. Staff will notify the City Clerk's Office of the revisions. 190 i SACommunity Services\Community Services Commission\minutesCSC\2002\CSCMIN 2003\CSCMIN.07.14.03.doc Community Services Commission Minutes VII1. COMMISSIONER ITEMS June 9, 2003 Page 5. Chairperson St. Johns welcomed new Commissioner Mike Cross to the Commission. Commissioner Cross gave a brief biography of his professional career and expressed his enthusiasm to serve the City as a Community Services Commission member. IX. ADJOURNMENT It was moved by Commissioners Cross/Calhoun to adjourn the Community Services Commission meeting at 8:55 PM. Unanimous. NEXT MEETING INFORMATION Monday, September 8, 2003 @7:00 PM La Quinta City Hall Study Session Room Submitted by: Ha ly Savi4CqWmunity Services Secretary lei SACommunity Services\Community Services Commission\minutesCSC\2002\CSCMIN 2003\CSCMIN.07.14.03.doc REPORT/INFORMATIONAL ITEM: 1�P a, 0�` p • V 4 ti5 OF 'I'9 CULTURAL ARTS COMMISSION MINUTES June 12, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Brodsky led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Sheldon Brodsky Commissioner Nicolas Hemes Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Linda Young STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary II. PUBLIC COMMENT - NONE III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of April 10 and April 14, 2003 B. Financial Report for April 2003 C. Monthly Department Report for March 2003 It was moved by Commissioners Hemes/Reynolds to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING - NONE 194 Cultural Arts Commission Meeting June 12, 2003 Minutes Page 2. VI. BUSINESS ITEMS A. Potential La Quinta Court Art Piece Commissioner Reynolds. presented color pictures of the work of artist Marie Barbera for consideration of placement at La Quinta Court. Commissioner Young commented that the scale is too- large for the intended site, and suggested consideration of another choice for the Court. She recommended checking with the landscape architect for ideas on the scale of the art piece for this site. Director Horvitz informed that architect Ray Lopez has been chosen for this job, and the contract will be executed in the near future. Commissioners Brodsky and Hemes recommended waiting to hear the architect's suggestions for the site before considering art pieces. Consensus was to wait for the architect's ideas for landscaping, then choose art in the proper scale to complete the area. B. August Meeting Date Staff reported that the Commission has historically gone dark in August due to vacation schedules, -etc. After discussion, Commissioners decided to wait until the July meeting to make a decision on whether to go dark in August, depending on whether architect Ray Lopez would be available to attend the July meeting for discussion of La Quinta Court improvements. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Citizen Suggestion Information Chairman Loudon requested that Commissioners make courtesy telephone calls to the twenty citizens who specifically requested a call from a Commissioner to discuss their ideas when filling out suggestion cards at the Community Picnic on April 27th. Each Commissioner will contact four respondents and report back at the next meeting. B. "Walk Through Rainbow" Art Piece Update Director Horvitz informed the Commission that the City Council approved the painting of the "Walk Through Rainbow" sculpture at Fritz Burns Park in the color scheme of the City Seal as presented on the City's 201n Anniversary pin. As requested by the Council, An RFP has been issued to add a quail sculpture to the existing art piece. SACommunity SeMces\CAMCACMIN.6.12.03.doc 3 Cultural Arts Commission Meeting June 12, 2003 Minutes Page 3. C. La Quinta Park Water Feature Director Horvitz reported that the City Council directed staff to research interactive water features for La Quinta Park that shoot up from the surface rather than a structure. Staff is now accepting proposals from various contractors for surface water features. VIII. COMMISSIONER ITEMS Chairman Loudon reported that the Desert Dolman art piece is now in place at Omri & Bonis restaurant. Lighting is currently being installed at the site. Chairman Loudon also offered to continue to assist with the completion of updating art files. A list of inventory will be sent to all Commissioners. Photographs will be taken, and necessary forms will be provided by staff for newly acquired art pieces, "Balancing Forms" and "Desert Dolman Staff clarified for Commissioner Hemes that locations of art pieces throughout the City have been provided to the Chamber of Commerce for their new map. All Commissioners discussed the Council Budget Meeting on June 13" where the funding for performing arts events for the next fiscal year will be discussed. Martin Langer has proposed providing four musical concerts to be held in the Civic Center Amphitheater a total cost of $40,000. Commissioners felt that this proposal should have come to the Commission before being considered by the Council. Commissioner Hemes will attend the Budget Meeting to speak on this matter. Chairman Loudon also commented on the position of the "Balancing Forms' art piece in the Civic Center Courtyard. Commissioner Young suggested taking a group photograph of Commissioners next to all new art pieces when they are placed. Chairman Loudon requested the following items be put on the Agenda for the July meeting: Speakers for the Artist Symposium, Soliciting Contributions from Businesses and Artist Partnership Day. Commissioner Young requested adding Guidelines for Amphitheater Use to the Agenda for July. Commissioner Reynolds requested adding a Memorial Art Piece for Fallen Officers to the Agenda for July. SACommunky Senrices\CAC\CACMIN.6.12.01doc 194 Cultural Arts Commission Meeting June 12, 2003 Minutes Page 4. Commissioner Hemes announced he will be absent from the July meeting, as he will be on vacation in Europe. He also commented that if the bridge on Eisenhower Drive is widened, it will need a railing. XI. ADJOURNMENT It was moved by Commissioners Young/Hemes to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:30 PM. NEXT MEETING INFORMATION: Thursday, July 10, 2003 La Quinta Civic Center Study Session Room Submitted by: Hall' Savio Community Services Secretary SACommunity Serv1ces\CAC\CACMIN.6.12.03.doc 154 IV. CONSENT CALENDAR A. 00, — OF T� CULTURAL ARTS COMMISSION MINUTES July 10, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic. Center. Chairperson Else Loudon presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Sheldon Brodsky Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Linda Young MEMBERS ABSENT: Commissioner Nicolas Hemes (Excused Absence) STAFF PRESENT: Dodie Horvitz, Community. Services Director Hally Savio, Community Services Secretary PUBLIC PRESENT: Bill Shimsky, Joe Perlow, ' Kathy Dunham Michael Hinkle, Andrea Spirtos 11. PUBLIC COMMENT Kathy Dunham, representing the La Quinta Arts Association, asked for the Commission's support and participation in the Association's upcoming event, "A Day of Art in the Park". The event to benefit La Quinta's children is now in the planning stage. It will be a hands-on experience for children to work together with artists in various media. Commissioner Brodsky volunteered to be the liaison for this project, which will be discussed by the Commission at a later meeting. Bill Shimsky gave a brief biography of his extensive cultural arts experience, including the establishment of a grant program for emerging artists. Michael Hinkle discussed his background as fine arts appraiser and informed Commissioners that he is opening a gallery in the village area. 5 190 Cultural Arts Commission Meeting July 10, 2003 Minutes Page 2. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of June 12, 2003 B. Financial Report for April 2003 C. Monthly Department Report for March 2003 It was moved by Commissioners Brodsky/Reynolds to approve the Consent Calendar with the following correction to the Minutes: Page 4, Paragraph 5, Line 4 concerts total cost changed from $40,000 to $30,000. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. Election of Chair Community Services Director Horvitz opened nominations for Chair. Commissioner Reynolds nominated Commissioner Else Loudon. It was moved by Commissioners Reynolds/Brodsky to appoint Commissioner Loudon as Chairperson. Unanimous. B. Election of Vice Chair Chairman Loudon opened nominations for Vice Chair. Commissioner Brodsky nominated Commissioner Hemes. Due to the absence of Commissioner Hemes, the election of Vice Chair for FY 2003 was carried over to the September meeting, with strong opposition voiced by Commissioner Brodsky. C. La Quinta Court Landscape Plan Ray Lopez of Ray Lopez Associates Landscape Architects presented two concepts for landscape improvements to the La Quinta Court site, and invited questions and comments from Commissioners. Concept 1 includes dry stream beds for nuisance water, colored, curved concrete sidewalk, desert gold rock and boulders. Landscape materials include color and drought tolerant plants. Concept 2 includes similar plant materials and adds an acid -washed scroll cut concrete sidewalk and stepping stones, and includes plenty of room for native plants to fill in on site. SACommunity Services\CAC\CACMIN.7.10.03.doc .197 6 Cultural Arts Commission Meeting Minutes July 10, 2003 Page 3. Commissioners discussed both concepts and made inquiries concerning the concrete work and plant materials. Commissioner. Young suggested adding trees to the plan, perhaps dwarf palms. . Commissioners agreed that the median adjacent to the site should also be improved. Staff explained that Caltrans regulates the median strip, and thus any improvements could require permission from Caltrans. It was moved by Commissioners Young/Reynolds to recommend the approval of Concept 1, with the highlights of Concept 2 included, for the La Quinta Court landscape improvements, and to expand the scope of work to include use of the same materials on the island median adjacent to the site if possible. Unanimous D. Artist Partnership Day Chairman Loudon inquired whether Commissioners wished to continue this important annual program of artists visiting local schools. Consensus was to continue the program. Commissioners Loudon and Brodsky will coordinate the artists for this year's Artist Partnership Day to be held on October 29, 2003. E. Soliciting Donations for Special Events Commissioners discussed the composition of a letter of solicitation for donations to fund cultural events. Chairman Loudon requested that Commissioner Young draft a standard letter that can be changed for different events. After approval by City, the Commission will send out letters. F. Guidelines for Amphitheater Use Chairman Loudon requested that Commissioners be prepared to bring their ideas and recommendations to the next meeting for setting guidelines for use of the Civic Center Amphitheater. Commissioner Reynolds suggested looking at Palm Desert's amphitheater. G. Memorial Art Piece for Fallen Officers Commissioners discussed plans for a memorial for fallen officers to be located on the Civic Center Campus. Commissioner Young spoke about the need to include a landscape architect along with an artist when installing new art pieces in the future. Commissioner Young also said she would like to have the art piece at Point Happy raised so that it can be seen. She pointed out that lighting is also very important to present art properly. SACommunity Serv1ces\CAC\CACMIN.7.10.03.doc v . At Cultural Arts Commission Meeting July 10, 2003 Minutes Page 4. It was moved by Commissioners Reynolds/Young to direct staff to contact artist Bill Ware regarding a concept for a memorial art piece to be located on the Civic Center Campus, and invite him to the September meeting to discuss this item. Unanimous J. August Meeting Date (This item was taken out of order.) It was moved by Commissioners Young/Reynolds that the Cultural Arts Commission go dark for the August meeting date. Unanimous H. Tiles for Public Restrooms Staff presented tiles depicting children made by the Foundation for the Retarded. Commissioners agreed they would like to see a different design with a nature theme for the public restrooms in the new Library. It was moved by Commissioner Young/Reynolds to invite an artist from a local non-profit organization to come to a future meeting to give ideas for use on tiles for the public restrooms. Unanimous I. RFP for Arch Sculpture Modification At City Council direction, Commissioners considered adding a Gambel's quail statue and two ornamental palm tree sculptures to complete the arch sculpture located at Fritz Burns Park. It was moved by Commissioners Reynolds/Brodsky to approve the Request for Proposals for the addition of a Gambel's quail and two palm tree sculptures to the arch sculpture artwork, and authorize the City logo wording to be painted on the largest rib of the sculpture. Unanimous VIL CORRESPONDENCE AND WRITTEN MATERIALS A. Commissioners received a list of the latest information on current members of the City's Commission and Board Members. VIII. COMMISSIONER .ITEMS Chairman Loudon inquired on the progress of the art piece proposed for the development at Washington and Miles Streets. Staff will report back at the September 1 11h Commission meeting. Chairman Loudon also requested staff to bring a list of possible public art locations to the next Commission. meeting. SACommunity Services\CAC\CACMIN.7.10.01doc Cultural Arts Commission Meeting July 10, 2003 Minutes Page 5. Chairman Loudon also received a progress report from staff on the mileage markers along Bear Creek Trail and the Air Motion artpiece proposed for the downtown area. Chairman Loudon requested that Commissioners think about suggestions to draw up a revised Work Plan for the Commission to include major holidays such as Memorial Day, Veteran's Day and Christmas. She also suggested that a joint meeting be held with the Community Services Commission at the end of September to begin planning a Christmas program. Chairman Loudon and Commissioner Brodsky will check out appropriate entertainment for the event and report back at the September Commission meeting. Commissioner Brodsky expressed his strong opposition to the City Council's hiring of. Martin Langer to put on a series of concerts for the City. Commissioner Brodsky felt that Mr. Langer should have appeared before the Commission before going to the Council with his proposal. Staff provided a history regarding Mr. Langer, and reported that the Cultural Arts Commission and the City Council had previously. approved his proposal at a time when there were no funds available for concerts. The concerts will take place at La Quinta middle school during the upcoming year. XI. ADJOURNMENT It was moved by Commissioners Reynolds/Young to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 9:40 PM. NEXT MEETING INFORMATION: Thursday, September 11, 2003 La Quinta Civic Center Study Session Room Submitted by: d4in 0 t , -, 2. — - — --1/ / Hally Savio U j' Community Services Secretary SACommunity Services\CAC\CACMIN.7.10.03AM Q `i Department Report: j-A Coil51 o� �o w 'Tit 4 cu ��. i �� IYMiOF TO: The Honorable Mayor and Members of the City Council P. Genovese City Mana er FROM. Thomas Y 9 /*f) �t 1 DATE: October 7, 2003 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the September 16, 2003, City Council meeting: 1. Audrey Ostrowsky, P. O. Box 351, complimented staff members from the Public Works and Community Development Departments for their quick response and efforts in trying to address some of her concerns. However, she feels other code enforcement matters have not been addressed in the same manner, and would like an investigation made into the citation she received for not having landscaping in her yard, which she feels should be grandfathered. • Mayor Adolph thanked Mrs. Ostrowsky for her comments. DEPARTMENT REPORT: 3 CITY COUNCIL'S UPCOMING EVENTS OCTOBER 7 CITY COUNCIL MEETING OCTOBER 7 STATE GUBERNATORIAL RECALL ELECTION OCTOBER 21 CITY COUNCIL MEETING NOVEMBER 4 CITY COUNCIL MEETING NOVEMBER 4 REGULAR CONSOLIDATED ELECTION NOVEMBER 11 VETERANS' DAY ACKNOWLEDGMENT AREA EVENT - CIVIC CENTER CAMPUS NOVEMBER 18 CITY COUNCIL MEETING DECEMBER 2 DECEMBER 5 DECEMBER 16 CITY COUNCIL MEETING HOLIDAY OPEN HOUSE CITY COUNCIL MEETING October 2003 La Quinta City Council Monthly Planner 5unciay�� . 10:00 AM ALRC September l November S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 6 7 8 7 8 9 10 11 12 13 � _ IE li I 14 15 16 17 18 19 20 9 10 11 12 13 14 15I 16 17 18 19 20 21 22 21 22 23 24 25 26 27 I� 23 24 25 26 27 28 29 ('! 28 29 30 I 30 0 5 6 7 8 9 10 11 9:00 AM RCTC- 12:00 PM EnergylEnvi- Henderson Sniff 5:30 PM Investment 7:00 PM Cultural Arts State Gubernatorial Advisory Board Commission Recall Election 2:00 PM City Council Meeting 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins vation Commission Perkins 7:00 PM Planning Columbus Day 12:00 PM Transp.- Commission Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 9:00 AM CVA-Henderson 12:00 PM CVAG Human/ 9:00 AM LAFCO- 2:00 PM City Council CoamOsborne Henderson Meeting 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 26 27 28 29 30 31 t Daylight Savings, 6:00 PM CVAG-Exec Com-Adolph 7:00 PM Planning Commission Halloween 1 3 Time Ends Printed by Calendar Creator Plus on 10/2/2003 1 : Ci 3 November 2003 La Quinta City Council Monthly Planner 1 9:00 AM - 4:00 PM SJSR Ntl. Monument - Henderson 2 3 4 5 6 7 10:00 AM ALRC 12:00 PM Mayors Lunch Election Day 2:00 PM City Council Meeting 9 10 11 12 13 14 15 10:00 AM Pub. Sfty- 9:00 AM RCTC- 12:00 PM Energy/Envi- Perkins ILHenderson Sniff 12:00 PM Transp. 5:30 PM Investment 7:00 PM Cultural Arts Perkins 3:00 PM Mtns. Con -Sniff Veteran's Day (CITY Advisory Board Commission 6:00 PM League- HALL CLOSED) Henderson 1:00 PM - 3:00 PM 7:00 PM Com. Serv. Veteran's Day Acknowl- Comm. edgment Area Event 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 23 24 25 26 27 28 29 6:00 PM CVAG-Exec Com-Adolph 7:00 PM Planning Commission 12:00 PM CVAG Human/ Coa m-Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Thanksgiving Day (City Thanksgiving Holiday Osborne Hall Closed) (City Hall CLOSED) 30 October S M T 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 December S M T 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 10/2/2003 %, December 2003 La Quinta City Council Monthly Planner � ' 1 2 3 4 5 6 2:00 PM City Council 10:00 AM ALRC Meeting 3:30 PM 11:30 AM - Holiday en House Y Open 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM EnergylEnvi- 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. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 21 22 23 24 25 26 27 7:00 PM Planning Commission 0 0 1st Day of Winter Christmas Eve (CITY Christmas Day (CITY HALL OPEN) HALL CLOSED) 28 29 30 31 1 6:00 PM CVAG-Exec Com Adolph, �� November 03 i€ January 04 , �S M T W T F S S M T W T F S °iE 1 1 2 3 New Years Eve (CITY HALL OPEN) 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 ; 11 12 13 14 15 16 17 16 17 18 19 20 21 22 Printed by Calendar Creator Plus 1 23 24 25 26 27 28 29 8 19 20 21 22 23 24 30 25 26 27 28 29 30 31 on 10/2/2003 o`s oft. 1' tvcarainm�� OF `&t�p 4 etP 49mrory COUNCIL/RDA MEETING DATE: October 7.2003 ITEM TITLE: Boys & Girls Club Art Wall Presentation Artwork by La Quinta Boys & Girls Club Karina Carmona Noemi Sandoval Alma Arenas Skyanna Bustos Patrick Carnahan Siena Davis Cheyenne Figueroa Traci Flores Brenda Garcia Sarah Gonzalez Paige Hoffman Elizabeth Hotz Stephanie Huff Michelle Jackson Valerie Jimenez Krista Lascano Karla Lopez Alexis Lozano Valerie Mancilla Jacki Munoz Hayley Nuno Vanessa Palomares Victoria Randall Danielle Tamez Daisy Vasquez Karlee Wright AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: PRESENTATION: Pi i COUNCIIJRDA MEETING DATE: October 7, 2003 ITEM TITLE: Public Hearing to Consider Adoption of an Ordinance for Development Agreement 2003-007 for a 280-Unit Residential Resort Under Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778 for Property Located to the Northwest of the Intersection of Coachella Drive and Eisenhower Drive Applicant: Centex Destination Properties for Landaq, Inc. RECOMMENDATION: AGENDA CATEGORY: of BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: L Move to take up Ordinance No. _ by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: Resort residential projects are required to pay Transient Occupancy Taxes to the City of La Quinta pursuant to Chapter 3.24 of the Municipal Code. The Development Agreement as drafted requires a developer one-time fee per unit of $2,500, an annual mitigation fee of $1,000 per unit, and Consumer Price Index adjustments. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The 44.61-acre site is vacant and located on the northwest corner of Eisenhower Drive and Coachella Drive. Avenida Fernando is located approximately 1,000 feet to the south. --" �W i ! S:\CityMgr\STAFF REPORTS ONLY\PH1 CentexStf Rpt.doc On September 16, 2003, the City Council certified a Mitigated Negative Declaration (EA 2003-478) and approved a 280 resort residential development. One element of the development plan is to include "lock -out" capabilities which would allow the housing units to be divided into sections for rental purposes. Condition #14 of the Specific Plan requires the developer to enter into a Development Agreement. The condition wording is as follows: "The developer shall enter into a Development Agreement with the City of La Quinta for the payment of Transient Occupancy Tax ("TOT") for this development. This Agreement must be signed and recorded prior to issuance of any development permits (i.e., infrastructure, grading, building, etc.) being authorized. Centex, on one hand, and a Resort or Hotel within the City of La Quinta (collectively, "Resort/Hotel"), or Resort County Club within the City of La Quinta, on the other hand, shall enter into one or more contracts which will allow the purchasers of residences within the boundaries of SP 2003-065 the opportunity to purchase golf club and/or social memberships. In addition, Centex and a Resort/Hotel, or the rental management company for the Resort/Hotel, shall enter into one or more contracts pursuant to which the purchasers of residential units within the boundaries of SP 2003-065 shall have the right to make their residential units available to the Resort/Hotel for the purpose of allowing the Resort/Hotel to rent and manage the same on behalf of such purchasers. Renters under such Resort/Hotel managed rental program shall have access to the Resort/Hotel facilities and amenities. A copy of the foregoing executed contracts shall be delivered to the Community Development Department before issuance of a building permit for a residential dwelling unit within the boundaries of SP 2003-065. The foregoing contract or contracts for rental management services shall remain in effect for a minimum of ten (10) years commencing with the date that the first Certificate of Occupancy is issued for a residence within the boundaries of SP 2003-065. Centex or its successor in interest may enter into replacement agreements with alternative Resort/Hotels within this ten (10) year period. The CC&R's for the residential project to be developed within the boundaries of SP 2003-065 (the "Project") shall restrict the rental of residential dwelling units therein to periods of 30 consecutive days or less. The residential dwelling units within the Project have been designed to facilitate short-term rental. Any material modification of the design or floor plan of a residential unit by the owner of such unit shall be restricted in the CC&R's for the project. The City, through its Community Development Director, shall have the final authority to approve or not approve the modification." S:\CityMgr\STAFF REPORTS ONLY\PH1 CentexStf Rpt.doc This condition obligation pertaining to the Development Agreement and one or more rental management service contracts with a resort/hotel or rental management company, will be deemed satisfied with the adoption of the Development Agreement pursuant to Section 4.4 Project Proposal The City approved the project subject to approval of a Development Agreement (Attachment 1). The City's long term financial health is predicated upon certain land uses consistent with approved zoning. The City anticipates future Transient Occupancy and Sales Tax from Tourist/Commercial zoned property. The down zoning of said property would be a detriment to the City's long term financial viability. This project is structured in such a way as to allow private ownership of dwelling units that, while designed to encourage rental, may serve as a single family residences. Single family residences while important to the balance of a diversified City plan, do not generate TOT when occupied by the home's owner. Staff has negotiated the Development Agreement to ensure the property generates revenue consistent with the City's financial expectation for lands in this zone. Specifically the project will be subject to the following: 1. $2,500/du one time mitigation fee annual mitigation fee 2. $1,000 annual mitigation fee per unit until the project reaches certain thresholds 3. Rental tracking system 4. Retail Management Program 5. The Agreement is for 50 years Public Notice This request was advertised in the Desert Sun newspaper on September 26, 2003 for this City Council meeting, and mailed to all affected property owners and residents within 500 feet of the project site on September 19, 2003 as required by Section 9.200.1 10 of the Zoning Code and Government Code Sections 65090 and 65091. Public agency notices were mailed on September 25, 2003. Planning Commission Action The Planning Commission is scheduled to review the Development Agreement on October 14, 2003, as required by Section 9.250.030 of the Zoning Code. Therefore, the Planning Commission's decision will be forwarded to the City Council for consideration on October 21, 2003, before the second reading of the draft Ordinance. The October 21 st meeting has been noticed as a public hearing. S:\CityMgr\STAFF REPORTS ONLY\PH1 CentexStf Rpt.doc 3 FINDINGS AND ALTERNATIVES: Findings, as noted in the attached Ordinance, can be made that the proposed Development Agreement is consistent with the goals and policies of the City's General Plan and Zoning Code, subject to recordation of the final Agreement with the County of Riverside. The alternatives available to the City Council include: 1. Move to take up Ordinance No. _ by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading; or 2. Do not approve a Ordinance of the City Council approving Development Agreement 2003-007; or 3. Provide staff with alternative direction. Respectfully submitted, Herm*--*� munity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Draft Development Agreement �10 004 S:\CityMgr\STAFF REPORTS ONLY\PH1 CentexStf Rpt.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEEMENT 2003-007 BY AND BETWEEN THE CITY OF LA QUINTA AND CENTEX DESTINATION PROPERTIES CASE NO.: DEVELOPMENT AGREEMENT 2003-007 APPLICANT: CENTEX DESTINATION PROPERTIES WHEREAS, the City Council of the City of La Quinta, California, did on the 7th day of October, 2003, hold a duly noticed Public Hearing for Centex Destination Properties, pursuant to Government Code Section 65864 et seq. and Section 9.50.030 of the Municipal Code, to consider a Development Agreement for a 280-unit resort residential development on 44.6 acres for the property located to the northwest of the intersection of Coachella Drive and Eisenhower Drive in Tourist Commercial and Open Space Zoning Districts, described as follows: Assessor's Parcel Numbers 658-130-003 to —005 Parcel 1 of Lot Line Adjustment 2001-361 WHEREAS, on the 16' day of September, 2003, the City Council certified a Mitigated Negative Declaration (EA 2003-478) and approved a 280-unit resort residential development consisting of housing units ranging in size from 1,300 square feet to 2,090 square feet, by adoption of Resolutions 2003-89 through 2003-92. One element of the development plan is to include "lock -out" capabilities which would allow the housing units to be divided into sections for rental purposes. The resort units are one- and two-story, depending on the location within the development; and WHEREAS, the La Quinta Planning Commission is scheduled to review the Development Agreement on the 14th day of October, 2003, and a Report of Action will be filed with the City Council on the 21 st day of October, 2003, before final consideration of this Ordinance; and WHEREAS, the Community Development Department published the Public Hearing notice in the Desert Sun newspaper on September 26, 20031 for the October 7, 2003 City Council meeting, as prescribed by Section 9.200.110 of the Zoning Code and Government Code Sections 65090 and 65091. Public Hearing notices were also mailed to affected property owners and renters, and public agencies by the Community Development Department on September 19 and 25, 2003. A second notice is scheduled to be published in the Desert Sun newspaper on October 10, 2003, for the October 21, 2003 City Council meeting; and 005 Ordinance No. _ Development Agreement 2003-007, Centex Destination Properties Adopted: Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said Development Agreement: A. Consistency with the General Plan and Zoning Code: The proposed Development Agreement is consistent with the goals, policies and intent of the La Quinta General Plan and Municipal Code in that the existing entitlements (i.e., Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778) will implement construction of one- and two-story resort residential units in the Tourist Commercial and Open Space land use areas. B. Public Welfare: Approval of this Development Agreement will not be detrimental to the public health, safety or general welfare of the community because development conditions are prescribed that are consistent with Specific Plan 2003-065, Site Development Permit 2003-778 and Tentative Tract Map 31379. C. Land Use Compatibility: Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property, nor the preservation of area -wide property values, but rather will enhance them by encouraging planned growth. D. Property Suitability: The proposed Development Agreement insures infrastructure improvements will be installed on Eisenhower Drive to benefit residents and/or guest of the City of La Quinta via the implementation of Specific Plan 2003-065, Site Development Permit 2003-778 and Tentative Tract Map 31379. E. Revenue Consideration: Approval of the Development Agreement will provide a positive fiscal impact on the City by providing Transient Occupancy Tax (TOT) revenue to the General Fund for City-wide services. Consideration of the Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 12 Ordinance No. _ Development Agreement 2003-007, Centex Destination Properties Adopted: Page 3 SECTION 1. PURPOSE. To establish operational standards for a private residential resort as required by the Conditions of Approval for Specific Plan 2003- 065 as contained in the attached Development Agreement (Exhibit "A") attached hereto and made a part hereof. SECTION 2. ENVIRONMENTAL. On the 16" day of September, 2003, the City Council certified a Mitigated Negative Declaration (Environmental Assessment 2003-478) for Specific Plan 2003-065, Tentative Tract Map 31379 and Site Development Permit 2003-778 by adoption of Resolution 2003-89. The adopted Mitigation Measures for the private resort will be implemented during on - site construction activities, therefore, the project will not have a significant adverse effect on the environment. No changed circumstances or conditions are proposed which would trigger the preparation of a subsequent Environmental Assessment pursuant to Public Resources Code Section 21 166; and SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by a Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 213 007 Ordinance No. Development A— greement 2003-007, Centex Destination Properties Adopted: Page 4 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 414 11: DRAFT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA ("CITY") MUD CENTEX HOMES A NEVADA GENERAL PARTNERSHIP ("DEVELOPER") 119/015610-0002 J 009 431766.07 a10/03/03 DRAFT DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of , 2003 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CENTEX HOMES, a Nevada General Partnership (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to the execution of this Agreement, the City approved the Villa La Quinta Specific Plan 2003-065 ("Specific Plan") that provides comprehensive planning and development criteria for Villa La Quinta (the "Project"), a resort residential master planned community with 280 resort residential units ("Villas") and associated recreational facilities located on approximately 44.61 acres. The City has also approved Tentative Tract Map No. 31379, Environmental Assessment No. 2003-478, (the "Mitigated Negative Declaration"), and Site Development Permit 2003-778 for the Project. The Specific Plan, Tentative Tract Map, Mitigated Negative Declaration, and Site Development Permit are collectively referred to herein as "Development Plan". D. Developer owns the 44.61 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and which is the subject of the Development Plan. E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) establishing an on -going obligation of the Project to pay the City certain amounts designed to compensate the City unless 119/015610-0002 431766.07 a10/03/03 2 616 DRAFT and until the Villas within the Project generate specified levels of transient occupancy tax; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. . I. On the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of , which is the date that Ordinance No. takes effect ("Effective Date"). `" 1 119/015610-0002 _3_ O i l 431766.07 a10/03/03 DRAFT 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "B" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or 01 regulation would cause the City to sustain a loss of funds or loss of access to funding or other 4. 119/015610-0002 _ _ 0 12 431766.07 a10/03/03 4 DRAFT resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.5; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 119/015610-0002 013 431766.07 a10/03/03 -5- 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" include and incorporate the mitigation measures of the Mitigated Negative Declaration so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "B" may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions, 3.2.1 Recordation of Covenants, Conditions and Restrictions and Establish- ment of Villa La Ouinta Homeowners Association. Prior to, and as a condition of, the City's issuance of any building permit for the residential units, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions (the "CCRs") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) establish a homeowner's association for the Project (the "Villa La Quinta HOA"); (ii) provide for the Villa La Quinta HOA's payment of the fees described in Section 3.3.3; and (iii) provide for the Villa La Quinta HOA's operation of a Rental Tracking System, as described in Section 3.3.5. If the City fails to approve, deny or comment with regard to the CCRs within fifteen (15) days of submission by Developer to the City, the CCRs shall be deemed approved. The City shall not unreasonably deny approval of the CCRs. As to the provisions of the CCRs implementing this Agreement, the City shall be provided adequate enforcement rights. No modification of those portions of the CCRs implementing the provisions of this Agreement shall be permitted unless the City provides its written consent. If the California Department of Real Estate ("DRE") refused to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by HOA and Developer. 3.3.1 General. During the Term of this Agreement, Developer or the Villa La Quinta HOA, as applicable, shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 4.�� 119/015610-0002 014 431766.07 a10/03/03 —6— 3.3.2 Developer's Payments of One -Time Mitigation Fees. Developer shall pay or cause to be paid to the City, for each of the 280 resort residential units in the Project, with such payment due on or before the date the building permit for each such unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00). 3.3.3 Villa La Ouinta Annual Mitigation Fee; Termination. During the term of this Agreement, on each July 1st following the Effective Date ("Annual Mitigation Payment Date"), the Villa La Quinta HOA shall pay to the City an annual mitigation fee ("Villa La Quinta Annual Mitigation Fee") covering the annual period of the prior July 1 through the June 30 occurring immediately preceding the Annual Mitigation Payment Date (the "Operative Year") (provided, however, the first Operative Year shall commence on the Effective Date of this Agreement and end on the next occurring June 30). The Villa La Quinta Annual Mitigation Fee shall be the collective sum of One Thousand Dollars ($1,000) for each of the resort residential units ("Villa La Quinta Unit Fee") in the Project that has been sold to a third party purchaser, as evidenced by a recorded deed for such unit, prior to the applicable Annual Mitigation Payment Date, regardless of when or in which Operative Year the unit was sold. Notwithstanding the paragraph above, if the City has received transient occupancy tax ("TOT") for rentals from Villa La Quinta in excess of Five Hundred Thousand Dollars ($500,000) ("Level 1 TOT Goal") for three consecutive Operative Years during the term of this Agreement, the Villa La Quinta Annual Mitigation Fee for the next Operative Year shall be reduced from One Thousand Dollars ($1,000) per unit in the Project to Five Hundred Dollars ($500) per unit in the Project. If the City has received TOT for rentals from Villa La Quinta in excess of One Million Dollars ($1,000,000) ("Level 2 TOT Goal") for any three consecutive Operative Years during the term of this Agreement, then the Villa La Quinta HOA's obligation to pay the Villa La Quinta Annual Mitigation Fee for any Operative Years thereafter shall terminate and shall be of no further force and effect. All rentals of Villas shall remain subject to the City's TOT requirements. The CCRs for the Project shall provide for the assessment and collection of the Villa La Quinta Annual Mitigation Fee and shall provide for and adequately ensure the collection and payment thereof. As to the collection and payment of the Villa La Quinta Annual Mitigation Fee, the CCRs shall provide the City with enforcement rights against both the Villa La Quinta HOA and the owners. The City shall be provided with the same rights of collection as the Villa La Quinta Annual Mitigation Fee that the Villa La Quinta HOA shall have for the collection of other fees and assessments. However, the Villa La Quinta HOA shall have the obligation for collection and payment of the Villa La Quinta Annual Mitigation Fee. In any action by the City to collect the Villa La Quinta Annual Mitigation Fee, the City shall, in addition to the fee, be entitled to collect all of its costs, expenses, and attorneys' fees in enforcing its rights. 3.3.4 Consumer Price Index Adjustments. The Villa La Quinta Unit Fee, the Level 1 TOT Goal, and the Level 2 TOT Goal shall be adjusted annually, on each May ls` during the term of this Agreement, by the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Los Angeles-Riverside00 - Orange County average, All Items, 1982-84 = 100, published by the United States Department of 441 015 119/015610-0002 431766.07 a10/03/03 -7- DRAFT Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior March 0 to the CPI existing on the March 1st of the previous year. The first such adjustment shall occur on the first May Vt following on the earlier of the following two dates: (i) the closing of the first sale of a residential unit; or (ii) the two-year anniversary of the Reference Date. No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the Term of this Agreement, a comparable index shall be selected by the parties. 3.3.5 Other Fees and Charges; Assessment Appeals. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including but not limited to transient occupancy taxes; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.6 Rental Tracking System. The CCRs shall provide that the Villa La Quinta HOA will establish and operate throughout the term of this Agreement a Rental Tracking system (the "Rental Tracking System") to be administered by the Villa La Quinta HOA or its agents or contractors. The Villa La Quinta HOA shall be required to designate and notify the City of the Rental Tracking System administer. The CCRs shall require each owner (or such owner's agent) within the Project to report any rental of such owner's unit to the Rental Tracking System administrator if such unit is not rented through the Rental Tracking System. The CCRs shall require that the owners shall be responsible for reporting to the Rental Tracking System administrator the following information for all rentals of all units within the Project: (a) unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment; (d) the rental agent, if any; and (e) the name of the renter. The Rental Tracking System administrator shall use all reasonable diligence to assure that all such information is collected. The Rental Tracking System administrator shall provide monthly written reports summarizing the information collected pursuant to (a) through (d), inclusive, as an aid to the City in assuring that the proper collection of applicable TOT is occurring. The City shall have the right to audit the records of the Rental Tracking System administrator upon two business days written notice to the same. The Developer or Villa La Quinta HOA shall notify the City of the name and contact information of the Rental Tracking System administrator on or before the date that the first certificate of occupancy is issued for any of the residential resorts units. It shall be the obligation of the Villa La Quinta HOA to notify the City of any redesignation of the Rental Tracking System administrator. On an annual basis, the Rental Tracking System administrator shall provide an information brochure to all owners of units describing: (1) the limitation on renting units for more than 30 consecutive days; (2) the obligation to collect TOT on all rentals; (3) the obligation in the CCRs that owners or their agents report all rentals to the Rental Tracking System administrator; and (4) contact information for the Rental Tracking System administrator and the entity or entities rental management ;`? 119/015610-0002 016 431766.07 a10/03//03 -8- opportunities that are known to be available to the owners pursuant to Section 3.3.7. The City Community Development Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 3.3.7 Rental Management Program Developer shall be responsible for ensuring that for the Term of this Agreement, one or more contract(s) shall be in effect at all times which provide opportunities to the owners of the resort residential units to have the ability to make their units available for rental periods of up to 30 consecutive days. The contract or contracts may, but are not required to be, with an on -site rental management agent. Developer may assign this obligation to the Villa La Quinta HOA in accordance with the procedures of Section 3.3.8. 3.3.8 Assumption of Obligation_ by Villa La Quinta HOA. Upon the recordation of the CCRs and the execution and recordation of an assumption and assignment agreement, the obligations set forth in Section 3.3.3, 3.3.4, 3.3.6 and 3.3.7 shall be the obligation of the Villa La Quinta HOA and the Developer shall no longer be responsible for their implementation. The assumption and assignment agreement shall be in the form set forth in Exhibit "D". 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the CCRs implementing this Agreement, or to the City's implementation of its rights under this Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) 4 4.3 119/015610-0002 017 431766.07 alON3/03 -9- DRAFT above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. . 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the 0,cw '("? 4 annual review provided for herein, Developer has been found in compliance with this 119/015610-0002 431766.07 a10/03/03 -10- Agreement, the City, through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of Specific Plan Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of condition 14 of the conditions of approval for the Specific Plan approved by the City which relate to Developer's obligation to enter into (i) a development agreement for the payment of TOT and (ii) one or more rental management service contracts with a Resort/Hotel or rental management company for such Resort/Hotel (as such terms are defined in said condition), to maintain such contracts in effect for a period of ten (10) years, and to provide copies of such contracts to the Community Development Department. 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall r include, but not be limited to, potential loss of anticipated tax revenues from the Project or any 44.5 119/015610-0002 O 19 431766.07 a10/03/03 -11- DRAFT portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project t Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 4 4. 6 119/015610-0002 4 O 431766.07 a10/'03/'03 -12- DRAFT 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. Any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and 119/015610-0002 -13- 021 431766.07 a10/03/03 (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a residential dwelling unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the residential dwelling unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual units under the CCRs provisions which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer or the Villa La Quinta HOA. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Steve Mudge Centex Real Estate Corporation 2275 Corporate Circle, Suite 230 Henderson, NV 89074 Telephone: (702) 990-0800 Facsimile: (702) 990-0400 022 119/015610-0002 431766.07 a10/03/03 -14- With a copies to: BEST BEST & KRIEGER LLP Attn: Daniel E. Olivier, Esq. 74-760 Highway 111, Ste. 200 Indian Wells, CA 92210 Telephone: (760) 568-2611 Facsimile: (760) 340-6698 Edward G. Milgrim 385 Douglas Avenue, Suite 3100 Almonte Springs, FL 32714 Telephone: (407) 661-2103 Facsimile: (407) 661-9041 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Bindin Effect. ffect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to 4.49 119/015610-0002 -15- O 431766.07 a10/03/'03 DRAFT this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. ��o 024 119/015610-0002 431766.07 a10/03/03 —16— 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 119/015610-0002 025 431766.07 a10/03/03 -17- 1'- 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C Mitigation Monitoring Program D Assignment and Assumption Agreement for HOA E Compliance Certificate F General Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. kw 119ro15610-MO2 026 431766.07 a10//03/'03 -18- DRAFT 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. 119/015610-0002 431766.07 a10/03/03 -19- DRAFT IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CENTEX HOMES, a Nevada General Partnership By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation Lo ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas Genovese City Manager � 4 119/015610-M2 -20- 028 431766.07 a10/03/03 DRAFT 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] 0� 119/015610-o002 029 431766.07 a10/03/03 -21- EXHIBIT "A" LEGAL DESCRIPTION OF SITE 119/015610-0002 431766.07 a10/03/03 -22- ' 'J DRAFT EXHIBIT "B" CONDITIONS OF APPROVAL 237 119/O15610-0002 03:1. 431766.07 a10/+03/'03 -23- EXHIBIT "C" MITIGATION MONITORING PROGRAM PROJECT MONITORING CHECKLIST (CEQA Mitigation Measures) PROJECT NAME APPROVAL DATE ENVIRONMENTAL All of the mitigation measures required for this project are consolidated on this checklist for the purpose of monitoring them for completion as a part of the project approval process. Each responsible department/division will assign a deadline for completion of the conditions it has required. Numbers of conditions are entered in the appropriate column. A signature at each point in the approval process indicates completion of conditions required by a responsible department/division at that point in time. Final approval for C of O must be obtained from the Community Development Department. Responsible Department I II During / Division Demolition Demolition III Grading CDD — Building CDD - Planning PWD - General VI IV Certificate Building V During Of Permit Construction Occupancy VII Other Ongoing 119/015610-0002 032 431766.07 a10/03/03 -24- EXHIBIT "D" ASSIGNMENT AND ASSUMPTION AGREEMENT FOR HOA 033 119/015610-0002 431766.07 a10//03/03 -25- r',104... EIM 119/015610-0002 431766.07 a10/03/03 -26- EXHIBIT "E" COMPLIANCE CERTIFICATE l 035 119/015610-0002 431766.07 a10/03/03 -27- EXHIBIT "F" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 242 036 119/015610-0002 -28- 431766.07 a10/03/03 CC two c� OF T9 COUNCIL/RDA MEETING DATE: OCTOBER 7, 2003 ITEM TITLE: Public Hearing to Adopt Resolutions for a Request to: 1) Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2003-481; 2) Grant Approval of Development Principals and Guidelines for a 175,200 Square Foot Commercial Complex on 17.48 Acres for Specific Plan 2003-066; and 3) Approve an Amendment to Specific Plan 98-033 Eliminating Seven Gross Acres and Adding Them to Specific Plan 2003-066 Applicant: Thomas Enterprises RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-481; and Adopt a Resolution of the City Council approving Specific Plan 2003-066 and amending Specific Plan 98-033, subject to the attached findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Review: Environmental Assessment 2003-481 was prepared P re ared for this Specific Plan in 03 P:\stan\sp 03-066 thomas\sp 03-066 cc rpt.doc compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, recommends certification of a Mitigated Negative Declaration of environmental impact. Zoning/General Plan Designation: CR (Regional Commercial) / M/RC (Mixed Regional Commercial). Surrounding Zoning and Land Uses: North: CP / mini storage facility and CR / vacant (future post office) and gym South: CR / auto center East: CR / vacant West: CR / One -Eleven La Quinta Shopping Center General: The 17.48-acre property is on the north side of the Highway 111, east of Adams Street (Attachment 1). Across Adams Street to the west is the Shell gasoline station and Jiffy Lube in the One -Eleven La Quinta Shopping Center. To the north is Storage USA, Gold's Gym, and the future Post Office site, with the three auto dealers to the south across Highway 1 1 1. To the east is vacant commercial land not approved for any development. Specific Plan 98-033 was previously approved in March, 1999, for the western portion of this site. The Specific Plan permitted a hotel, and two restaurants on seven acres. Specific Plan 99-036 (La Quinta Corporate Center) was approved in September, 1999, for the eastern 7 + acres of this project site. In addition to a portion of the subject property, SP 99-036 includes the land to the north, and a detached piece of land at the northwest corner of Highway 1 1 1 and Dune Palms Road. Construction has begun on the Corporate Center project in the area to the north and on the detached piece to the east. The existing Specific Plans on the subject property will be superseded by this application for a new Specific Plan, if approved by the City Council. This new Specific Plan, therefore, will not be bound by any of the provisions of the previous Specific Plans. The La Quinta Corporate Center Specific Plan will remain in effect for its remaining property. Project Proposal: The project proposes construction of a 175,200 square foot shopping center in five structures with four detached pads, varying from 3,500 to 9,000 square feet, adjacent to Highway 111 and one large pad for a "super -building" (Attachment 2). The majority 2 c.e� 002 of the floor space (154,800 square feet) will be in the "super -building" (building area 5), which will be a multi -tenant building consisting of five major -size users and two tenant shop areas. The Specific Plan states all grading and parking lot improvements will be done in one phase with all buildings constructed in one phase. Three of the four pads are shown with drive -through lanes. Proposed access to Highway 111 is shown at three locations, including a signalized driveway that is on the adjacent vacant land to the east which will be shared with that property when it develops. The driveway aligns with La Quinta Drive on the south side of Highway 111 and provides access to the auto dealers and the under -construction Center at La Quinta. The two other Highway 111 accesses are to the west of the signalized driveway and will be right turn in and out only. One driveway is provided on Adams Street, across from the Jiffy Lube entry. Two access driveways are provided on Corporate Center Drive on the north side of the project. An emergency access will be installed at the southwest corner of the World Gym site along the north property line. The required parking has been calculated based on 170,000 square feet of retail uses (5 spaces per 1,000 square feet of floor space) and 5,000 square feet as drive -through and fast food restaurant (10 spaces per 1,000 square feet of floor space). This requires a total of 901 spaces. The remaining 200 square feet is not addressed in the calculation, but would require no more than two additional spaces, regardless of the use. The plan provides 913 to 915 spaces, which exceeds the required 901 spaces. The majority of the parking spaces are provided between building area five and Highway 111. The major landscaping feature will be the 50-foot deep perimeter setback area along Highway 111. It will be designed to comply with the City's Highway 111 Design Guidelines. Screening of the parking lot surface along Highway 111 is shown by using a three foot high retaining wall at the interface between the parking lot surface and perimeter landscaping, with the perimeter bermed up to the top of the retaining wall. A 20-foot deep landscaped setback is provided on Adams Street with a 10-foot deep landscaped setback on Corporate Center Drive. Drive -through lanes will be screened by three-foot high mounds and screen plants. A masonry wall is proposed along the northern boundary of the property. Decorative paving surfaces are proposed for both vehicular and pedestrian areas. The conceptual design of the buildings is described in the Specific Plan as "traditional Mediterranean Tuscany village" and inspired themes found in La Quinta. Although a Site Development Permit application has not yet been submitted, the Specific Plan document includes most of the exterior building elevations. Exterior materials on front and exterior sides include smooth exterior plaster, stone veneer on tower faces and columns. Architectural accents include ceramic tile, wrought iron grilles, and decorative lighting. Vine covered wood trellis with stone columns and a public area with a water feature and shaded seating are also provided. Roofs are shown as a mixture of flat with combinations of hip, shed, and pitched roofs. To provide interest and shade, non -flat roofs will use a decorative Spanish roof tile. The pad buildings are one story in height with main building areas lower than 22 feet and tower elements varying up to 30 feet. Building area five's (super building) main building height will be 25 or 28 feet high with tower elements up to 35 feet. The rear and interior facing building elevations of the large building five consist primarily of flat roofs with smooth exterior plaster and loading docks for the major users. This treatment lacks articulation and dictates that redesign to these elevations be incorporated into the future Site Development Permit review. The recommended draft Mitigated Negative Declaration for this project requires this mitigation to address aesthetic impacts of the rear of building area five. Parking lot lighting will consist of lights with flush lenses on a 24-foot high light pole. Specific locations and style will be submitted at a later date along with a photometrics study to ensure compliance with the City lighting requirements. The project has been designed to comply with applicable CR (Regional Commercial) zoning development requirements. Planning Commission Review: The Planning Commission reviewed this request at its meeting of September 9, 2003 (Attachment 3). Commission discussion regarding the project pertained to the following items: 1. The use of drive-throughs for businesses along Highway 111; 2. Building design, including the rear of the main building area five; 3. Signal installation requirements at Adams Street and Corporate Center Drive; 4. Turning movements for the driveway on Adams Street; and 5. Vehicular emergency access to the World Gym parking lot. Conditions of Approval were added to address items 1 and 4. Furthermore, conditions from the Fire Marshal received after preparation of the staff report were added. The Planning Commission adopted Resolutions 2003-066 and —067, recommending certification of a mitigated Negative Declaration for EA 2003-481 and approval of Specific Plan 2003-066, respectively, subject to Findings and Conditions of Approval. Newly Proposed Revision to Site Plan: The applicant revised the site access on the west end of the project to address Condition of Approval No. 47.C.1, restricting vehicular access on Corporate Center 4 004 �6 Drive to one driveway 300-feet from Adams Street, and Condition No. 65, regarding future access to Adams Street (Attachment 4). Initially, the west end of building area five was the short leg of an "L" shape: The revision separates the "short leg," consisting of a 14,500 square foot shop area, from building area five and moves it to an area adjacent to the Adams Street and Corporate Center Drive corner, with the long side facing Adams Street. With this site plan revision, the displaced parking spaces are moved to where the original building was located. The westerly driveway on Corporate Center Drive has been eliminated with customer and delivery trucks sharing the easterly driveway. According to the applicants' plans, the building square footage and number of parking spaces remains the same. The relocated building will be set back twenty feet (for landscaping) from the Adams Street right-of-way. The Public Works Department has reviewed this revision and finds it acceptable and recommends revisions to Conditions of Approval No. 47.13.1. and No. 65 of the Specific Plan as shown on the attached conditions. Condition No. 65 has been moved and is a part of Condition No. 47.B.1. The Community Development Department finds the revisions acceptable with the addition of Condition No. 85 which requires that for Major "A" (Henri's) the loading dock and delivery trucks, using the dock, not be visible to Corporate Center Drive. This will require a masonry screen wall and possibly lowering of the loading dock. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2003-481; and Adopt a Resolution of the City Council approving Specific Plan 2003-066 and amending Specific Plan 98-033, subject to the attached findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council which would certify a Mitigated Negative Declaration for Environmental Assessment 2003-481 and approve Specific Plan 2003-066 (including amendment to' Specific Plan 98-033); or 3. Provide staff with alternative direction. 5�4� 005 Respectfully submitted, -ry Herman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Specific Plan Document 3. Planning Commission minutes for the meeting of September 9, 2003 4. Revised site and elevation plans RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-481 PREPARED FOR SPECIFIC PLAN 2003-066 CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-481 APPLICANT: THOMAS ENTERPRISES WHEREAS, the City Council of the City of La Quinta, California, did, on the 7" day of October, 2003, hold a duly noticed Public Hearing to consider this request by THOMAS ENTERPRISES for Environmental Assessment 2003-481 for Specific Plan 2003-066 which allows construction of a 175,200 square foot shopping center at the northeast corner of Highway 111 and Adams Street, more particularly described as: APN's: 649-020-043, -063, -064, and -065, WHEREAS, said Environmental Assessment 2003-481 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2003-481) and has determined that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because appropriate mitigation measures were made a part of this Assessment and therefore, a Mitigated Negative Declaration of Environmental Impact should be certified; and, WHEREAS, the Planning Commission on the 9th day of September, 2003, did consider this request, and recommended to the City Council, certification of the Mitigated Negative Declaration by adoption of Planning Commission Resolution 2003-066; and, WHEREAS, on July 31, 2003, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published the Public Hearing notice in the Desert Sun newspaper on September 16, 2003, for the City Council meeting as prescribed by the Municipal Code. Public Hearing notices were also mailed to all property owners within 500 feet of the site; and 1049 007 P:\stan\sp03-066 thomas\ea 03-481 cc res.doc City Council Resolution 2003- Environmental Assessment2003-481 - Thomas Enterprises Adopted: October 7, 2003 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 certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either directly, or indirectly, in that no significant unmitigated impacts were identified by Environmental Assessment 2003- 481. 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. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned, or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed 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. 008 S:\CityMgr\STAFF REPORTS ONLY\PH2 EA Reso.doc 2 City Council Resolution 2003- Environmental Assessment2003-481 - Thomas Enterprises Adopted: October 7, 2003 8. The City Council has considered Environmental Assessment 2003-481 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct, and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2003-481 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Plan on file in the Community Development Department and attached hereto (Exhibit "A"). 3. That Environmental Assessment 2003-481 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of October, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California S:\CityMgr\STAFF REPORTS ONLY\PH2 EA Reso.doc 3 City Council Resolution 2003- Environmental Assessment2003-481 - Thomas Enterprises Adopted: October 7, 2003 ATTEST: JUNE S. GREEK, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney S:\CityMgr\STAFF REPORTS ONLY\PH2 EA Reso.doc 4 CITY COUNCIL RESOLUTION 2003- Environmental Checklist Form Environmental Assessment 2003-481 1. Project title: Specific Plan 03-066 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: Northeast corner of Adams Street and Highway 111 APN: 649-020-043, 649-020-063, -064, -065 EXHIBIT "A" 5. Project sponsor's name and address: Thomas Enterprises 73-333 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 6. General plan designation: Regional 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.) Specific Plan to establish the design standards and guidelines for a commercial center to include up to 175,200 square feet of retail and restaurant space, located within one central building and 4 smaller building pads. The smaller building pads are to be adjacent to Highway 111, and range from 3,500 to 9,000 square feet. The primary structure, to be located along the northern boundary of the site, totals 154,800 square feet, and is envisioned to contain both anchor stores and in -line shops. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant, World Gym and Future post office, Coachella Valley Channel South: Highway 111, Auto Center West: Regional Commercial, including gas station and Wal-Mart East: Vacant, Regional Commercial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District _ CalTrans Oil P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -1- 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 Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance 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, x there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IlVIPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 4E4U�� P-.-.7� Signature September 2, 2003 Date 01.2 4 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -2- 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 referenced 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) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than 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 XV 11, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. 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. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures 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. 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) This is only a suggested form, and lead agencies are free to use different formats; however, leads i, 5 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -3- 013 agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a) & b) The project site is located within the Highway 111 Image Corridor. The project's landscaping along Highway 111 will be required to include the specific design standards included in the "Highway 111 Design Theme," including its plant palette and design standards, particularly for setbacks. The current plant palette provided in the Specific Plan does not include these standards. This design reduction will not provide the high level of aesthetics mandated in the General Plan for this primary corridor through the City, and will result in a "choppy" or inconsistent approach to landscaping within the Highway 111 corridor. In order to assure that the project provides the level of aesthetic amenities expected in the General Plan for the Highway 111 corridor, the following mitigation measures shall be implemented: 1. The plant palette (Table 2) in the Specific Plan shall be amended to include only those plant materials prescribed in the "Highway 111 Design Theme." The project proponent may, at his/her discretion, provide a second plant palette for plant materials outside the landscaped setback on Highway 111. 2vb 014 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -4- 2. The landscaping along the entire frontage of Highway 111 shall be installed with the first phase of project development. I. c) The proposed project includes a very large main building or buildings (attached) totaling over 154,000 square feet, and potentially as long as 720 feet. The Specific Plan depicts the north elevations for this building with no articulation or architectural detail, and with a number of loading docks (see Figure #7), which will have a potentially significant aesthetic impact on both commercial buildings and residential land uses to the north. Of particular concern is both the lack of aesthetic applied to this side of the project, and the need to assure that in the long term, this side of the project will not become visually blighted. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. The Specific Plan shall be amended as follows: a. Architectural elevations shown in Figures 16 to 21 shall be amended to reflect improvements to the north side elevations consistent with the architectural style of the facades of the building(s). b. The text of the Specific Plan, under Section "Architectural Guidelines" shall be amended to include a discussion of the importance of architectural details on all building elevations, and particularly on the "back of house" elevations on the north side of the site. C. The Specific Plan shall be amended to include, under Section "Architectural Guidelines," a requirement for screened and/or sunken loading docks, to assure that the visual impacts of these facilities is minimized. The implementation of these mitigation measures will assure that aesthetic impacts are reduced to a less than significant level. I. d) The project will generate light from parking lot and security lighting. The project will be required, however, through the Site Development Permit process, to demonstrate that the lighting on the site will remain contained to the site, in conformance with the City's lighting ordinance. In addition, this ordinance requires that all lighting be directed downwards, and be shielded, to assure that the security lighting on the north side of the site does not impact the adjacent land uses. The implementation of these standards will assure that the impacts associated with light and glare will be less than significant. 7 7 ►y 4-J f 015 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 f£) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (No ag. land in proximity to project site) II. a)-c) The project site is vacant desert land and is not in agriculture. Lands surrounding the project site are planned, and partially developed in regional commercial land uses. There are no Williamson Act contracts on the properties, nor on properties in the immediate vicinity. No impacts to agriculture will result with development of the proposed project. 016� P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X 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 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The City's primary source of pollution is the automobile. The proposed project includes the development of up to 175,200 square feet of commercial retail space which will generate approximately 12,895 daily trips at the site'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. 7-- Based on Table IV-1, of "La Quinta Corporate Centre Traffic Impact Study," prepared by Endo Engineering, Mayes 1999, and assuming 158.4 thousand s.f. commercial retail and 9.0 thousand s.f. restaurant, categories 820 and 832. ,9 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -7- 017 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Length (miles) Total miles/day 12,895 x 15 = 193,425 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 17,408.25 452,614.50 92,844.00 - 1,934.25 1,934.25 Pounds at 50 mph 38.43 999.15 204.95 - 4.27 4.27 SCAQMD Threshold (lbsJday) 75 550 100 150 Assumes 12,895 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will exceed SCAQMD's recommended daily thresholds for both carbon dioxide and nitrogen oxides. The potential impacts of the proposed project were analysed in the General Plan EIR, as the land use proposed is consistent with the Regional Commercial land use designation. The City found at that time that although the potential impacts associated with air quality in the City could be considerable, the potential benefits of buildout of the General Plan outweighed these potential impacts, and a Statement of Overriding Considerations was prepared and adopted in conjunction with the certification of the General Plan EIR. The General Plan EIR included a number of mitigation measures to assist the City and project developers in reducing potential impacts associated with air quality. In order to lower the potential impacts associated with air quality emissions, mitigation measures have been provided below. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations.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 O1 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -8- The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 461.5 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM10 can be mitigated 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. 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. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseeded on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on both Adams Street and Highway 111 shall be installed immediately following mass grading of the site. 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 notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. 12. Any business on the proposed project site which employs 100 or more persons shall be required to implement the standards and conditions of the City's Transportation Demand Management Ordinance. 61 019 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -9- 13. The project proponent shall coordinate the location of a bus stop adjacent to the project site with Sunline Transit, and shall construct the bus stop and amenities (shelter, trash cans, benches, etc.) to Sunline and City standards. 14. All applicable mitigation measures contained in the General Plan EIR shall be applied to the proposed project during both construction and operation. 020 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -10- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro'ect: a) Have a substantial adverse effect, X 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 effect on X 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) Have a substantial adverse effect on x federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 73 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Master Environmental Assessment, p. 73 ff.) e) Conflict with any local policies or X 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 x adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state 6 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -11- 4 habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The proposed project site is currently vacant desert land. Biological resource analyses have been conducted in the past for portions of the project site'. There are no species of concern identified for this property in the City's General Plan. The project site is within the mitigation fee area for the Coachella Valley Fringe -toed Lizard. The site has been impacted by off -site construction and dumping in the past, and is isolated due to surrounding development. The site is likely habitat for common desert flora and fauna, which will be lost at the time the site develops. However, the City's requirements for desert tolerant landscaping will result in the planting of materials which will be habitat for these species upon project buildout. The impacts associated with biological resources are expected to be less than significant. 2 James Cornett, "Giant Sand Treader Cricket Survey and Habitat Analysis," July 15, 1999 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? "Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) V. a), b) & d) Cultural resource surveys have previously been completed for the proposed project site'. The surveys and site investigations identified significant resources on portions of the project site. Site CA-RIV-6190 was found not to constitute a significant resource, and no further action is required on this site. A portion of Site CA-RIV-2936, however, was found to be significant. Two potential mitigation measures were offered for the historic site: to either fully excavate the site, or to cover the site and protect it from further disturbance. The City determined that, in conformance with CEQA, Section 15126.4(b)(3), preservation in place is the preferred mitigation measure (also see Staff Report and Minutes, Historic Preservation Commission, August 19, 1999). However, the Historic Preservation Commission determined that excavation of the site should occur as recommended by the archaeological testing and evaluation report prepared by CRM TECH. An interim Phase III data recovery report was completed in December, 1999, and accepted by the HPC in January, 2000, subject to submission of a final report. The site is also to be monitored during earth moving activities to ensure that any additional resources "Interim Cultural Resources Report, Hotel 111 Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999. P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -13- 023 potentially uncovered are appropriately studied. The following mitigation measures shall therefore be implemented: 1. The final report for the Phase III data Recovery for the Historic Site on CA-RIV- 2936, including artifact laboratory analysis shall be submitted to and be approved by the Historic Preservation Commission (HPC) prior to issuance of first building permit for project (Required by HPC on January 6, 2000). 2. An archaeological monitor shall be present during grubbing, grading, trenching or other earth moving activity on or off the project site. The archaeologist shall be empowered to stop or redirect earth moving activities. The archaeologist shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. V. c) The site is outside the historic lakebed for ancient Lake Cahuilla, and is therefore not expected to contain resources. 024 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X 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 X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X 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 X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i), iii), iv), b)-e) The project site is not located in an Alquist-Priolo Earthquake Fault Zone, nor is it subject to landslides or liquefaction. The soil in the area is not expansive, and would support septic tanks. The proposed project will have no impact on these geologic hazards. VI. a) ii) The City and project site will be subject to significant ground shaking in the event of e e 7significant seismic activity. The City Building Department has implemented California 025 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -15- Building Codes which is intended to lower the potential impacts associated with groundshaking to less than significant levels. In addition, no critical facilities will be built at the site. The structures will be required to implement the most recent building codes in place at the time of construction. Site specific studies prepared for the subject property, and reviewed for the proposed project, include construction standards which will be implemented by the City Engineer during review of the project grading and building plans 4 Impacts associated with groundshaking are expected to be less than significant. 4 Letter report, Sladden Engineering, dated August 19, 2003. P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -16- �e� 026 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VH. HAZARDS AND HAZARDOUS MATERIALS --Would the pro'ect: a) Create a significant hazard to the X X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled 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 X 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 X 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 X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) :e P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -17- 0 2. h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed project will result in the construction of commercial and retail space. Should any of these businesses store or transport hazardous substances, they will be heavily regulated by regional and state agencies. These agencies will impose conditions of approval and monitor the businesses to assure that the applicable standards are implemented. Impacts associated with hazardous materials are therefore expected to be less than significant. The site is not located within the vicinity of an airport or airstrip, nor is it subject to wildland fires. 4. P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -18- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VM. HYDROLOGY AND WATER QUALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X 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 (e.g., 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-187 ff.) c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Project Grading, Site Hydrology) d) Substantially alter the existing X 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 Grading, Site Hydrology) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Project Grading, Site Hydrology) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood 029. P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -19- Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VUL a) & b) The construction of commercial space will not significantly impact water supply, nor will it violate water or wastewater requirements. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the buildings. The Coachella Valley Water District will impose conditions of approval for the treatment of wastewater from the facilities constructed on the project site. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VHL c) & d) The proposed project will be responsible for the drainage of on and off site flows, and has been designed to include retention areas within the project. The City Engineer requires that these retention areas retain the 100 year storm on site, which is expected to lower potential impacts to a less than significant level. VIH. e)-g) The construction of the proposed project will not have an impact on the City's storm drainage system. The site is not located within a FEMA designated 100 year storm area. 030 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X 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 purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed project is surrounded by vacant or commercially developed land, and will continue this pattern of development. The land is designated in the General Plan for Regional Commercial, and will not include the development of residential property. The site is within the fee payment area of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay the fee in effect at the time of building permit issuance. 2 �3 031 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -21- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource 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 X 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.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. �f4 03� P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE B Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X 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) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project will result in the development of commercial and retail land uses, which are not considered sensitive receptors. Although persons visiting the center will be subject to higher noise levels, due to the project's location adjacent to Highway 111, this exposure will be temporary and periodic, and will not result in any significant impacts. The proposed project will generate elevated noise levels during construction, but there are no sensitive receptors located adjacent to the project site (residential and school uses), and therefore, there is expected to be no impact to adjacent land uses as a result of pro*V, P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -23- 033 construction or operation. Commercial and retail land uses are not expected to generate ground borne vibrations. The project is not located in the vicinity of either an airport of airstrip. 034 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X 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 X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project will result in the construction of commercial land uses which will generate a need for employees. However, the project is well within the development potential assessed in the General Plan EIR, and is likely to have jobs filled by new City residents and residents new to adjacent communities. No impacts are expected to population and housing. f) ".7 4- 035 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIH. 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) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) 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 project will be required to pay the mandated school fees in place at the time of issuance of building permits. There will be no impact to City parks due to the construction of commercial facilities. 273 036 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -26- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X 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 X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The construction of retail commercial development will not impact the City's recreational resources. r' "119 037 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X 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 X 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.) c) Result in a change in air traffic X 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 due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) Several traffic impact analyses have been conducted for portions of the project sites. These analyses included a number of mitigation measures, which will be applied to the "Traffic Impacts Associated with the Adams Street Hotel and Restaurants" and "Adams Street Hotel Access Tr� Signal Warrant Analysis," Endo Engineering, November 30, 1998 and January 8, 1999, respectively. Also "La Quinta Corporate Centre Traffic Impact Study," Endo Engineering, May 10, 1999. 038 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -28- proposed project as applicable. In addition, the project site and the construction of regional commercial development were included in the City's General Plan EIR. The EIR found that traffic in this area of Highway 111 will operate at acceptable levels of service at General Plan buildout. The driveway proposed on Adams Street, midway between Corporate Drive and Highway 111, may pose a traffic hazard if full turn movements are permitted, primarily due to the short distance between it and the Highway 111 intersection, and the high number of trips from the adjacent commercial development to the west. The City Engineer, however, will condition the permitted turning movements from each driveway, including this one, as part of his review of the proposed project. With imposition of these conditions of approval, impacts to safety hazards are expected to be less than significant. The mitigation measures previously applied to the project site shall apply, as follows: 1. All internal drives and streets shall be reviewed and approved by the City Engineer during the Design Review process to ensure compliance with City standards. 2. Off-street parking shall be provided in conformance with the requirements of the La Quinta Municipal Code. 3. All internal street shall be fully constructed to their ultimate cross -sections as adjacent on -site development occurs. 4. Sidewalks and streetlights shall be installed on -site in conformance with the Municipal Code. 5. All internal street intersections shall provide clear, unobstructed sight distance. 6. All site driveways exiting the project site shall include a STOP sign and clear unobstructed sight distances. 7. The lane geometrics shown in Figures VI-2 and VI-3 of the traffic impact analysis shall be installed adjacent to the project site. Phasing of the intersection improvements shall be in conformance with the conditions of approval provided by the City Engineer. 8. The project proponent shall participate in the City's traffic mitigation fee program. 9. Turning movements permitted on Adams Street and the project driveway, midway between Corporate Way and Highway 111 shall be approved by the City Engineer prior to issuance of grading permits for the site. Should the City Engineer require additional study of the potential turning movement hazards at this location, the project proponent shall provide this analysis for review and approval. With the implementation of these mitigation measures, impacts to the City's circulation system should be less than significant. � 8 039 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X 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 X 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) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project 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) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The land use intensity was included in the r 82 4. analysis of the General Plan, and levels of service were found to be acceptable. No P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -30- 040 impacts to utilities are expected as a result of the proposed project. 041 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -31- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X 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 projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site is disturbed vacant desert, and is not habitat for sensitive species in the area. The proposed project will not, therefore, degrade existing habitat for fish and wildlife. The site has been identified as having potentially significant cultural resources. However, mitigation measures included above will assure that these potential resources are protected, and that potential impacts are reduced to less than significant levels. XVII.b) The proposed project supports the long term goals of the General Plan by adding to the economic base of the City. XVII. c) The project will not have considerable cumulative impacts, and will not exceed those r) ;? impacts identified in the General Plan EIR for this area of the City, or the City as a whole. P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -32- 042 XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate a high level of criteria pollutants, which can cause negative health effects, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. The impacts are not expected to be any more than those identified in the General Plan EIR, which included analysis of regional commercial development at the project site. �8 043 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -33- XVIII. EARLIER ANALYSIS. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessments 98-373 and 99-383 were utilized in preparation of this Environmental Assessment. 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. Not applicable. 044 P:\STAN\sp 03-066 thomas\ea 03-481 checklist.doc -34- U t- q* O N Z W Cl) Q a Z W g .. 0 OW oc a �O W Q F A a� UV Q 0 F a ° o� •o o� o� a w z w � a o � 00,, o 0 z � a N 4-1 VA V� U� G 0 3 3 0 , ea J 0 'd ONO r. o 0 r 045 E A a� �WU Ox UV o d d,o co .b •v,'' ., o o .- o a, � u ,H �. a. ug>A U v� b °on c7 •° o •° o ' c o o 0 .� Z U .�j � .o &cy Cd ..� .� •o o�•o y� o�o� o ao •� '� '� 0 o 0o g o y o�o� o o� r�8��. w�a a� a a a 0 04 WD W to W •a ,a a ,a ,a V U V UAU� U� m U� GQ z o a4 b a o o ON o�.CIS�Cfs r M �r ` M Zvi F •° a o �,�•3 a oo� .p 0,� •a'°,ai d b U O �►..� 2 •� i 9 °o a � �O o�•a•> O 4. g �A 3 Q(qti .i 646 F A za a �W OV 0 [W � b • o � 42 cS o E 0 O � � w� Wz o 0 VVA U O S08 Ono a cud a o ' oro 0 W o o U r V 0 ..> � E A a� �U O� VV h y N U W a w a a a a a b b b b 0 0 0 .o 0 0 C� C�Ci cd cC U U U 0 �+ 0 �-+ 0 �+ 0 a � z a a bo to a to 04 U U� V GQ U V U O ,� N rA � •Q O U 3 _� N h U � M �C �U a u V 0.9 4'7 RESOLUTION 2003- A RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PRINCIPLES AND GUIDELINES FOR A 175,200 SQUARE FOOT SHOPPING CENTER LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET CASE: SPECIFIC PLAN 2003-066 APPLICANT: THOMAS ENTERPRISES WHEREAS, the City Council of the City of La Quinta, California did, on the 7t' day of October, 2003, hold a duly noticed Public Hearing to consider a request by THOMAS ENTERPRISES for approval of a Specific Plan to allow a 175,200 square foot shopping center on 17.4 t acres at the northeast corner of Highway 111 and Adams Street in the CR (Regional Commercial) zone district, more particularly described as: APN's: 649-020-043, -063, -064, and -065 WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-481 and based upon this Assessment, the project will not have a significant adverse effect on the environment; therefore, a Mitigated Negative Declaration of environmental impact is recommended. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office on August 26, 2003, as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, the Planning Commission on the 9th day of September, 2003, did consider this request, and recommend to the City Council approval of the Specific Plan by adoption of Planning Commission Resolution 2003-067; and, WHEREAS, on July 31, 2003, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published the Public Hearing notice in the Desert Sun newspaper on September 16, 2003, for the City Council meeting as prescribed by the Municipal Code. Public Hearing notices were also mailed to all property owners within 500 feet of the site; and 4�1 S:\CityMgr\STAFF REPORTS ONLY\PH2 SP Reso.doc 04.9 City Council Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Adopted: October 7, 2003 Page 2 WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Specific Plan: Finding A - Consistency with General Plan The property is designated Mixed Regional Commercial (M/RC) for large scale commercial projects consisting of major department and specialty stores, supermarkets, and other retail and restaurant uses. The proposed project will provide these types of uses. Additionally, the project provides adequate perimeter landscaping and acceptable architectural design pursuant to Primary and Secondary Image Corridor Policies. Finding B — Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City's General Plan, Zoning and design standard requirements and other County and State standards, such as CEQA. Findings C and D — Land Use Compatibility and Property Suitability The project is in a commercially designated and zoned area which is proposed for and, therefore, suitable for commercial development. The project provides adequate buffering through landscaping and walls to ensure compatibility with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2003- 481 has determined that no significant effects on the environment have been identified and mitigation measures are being imposed; and 3. It does hereby approve Specific Plan 2003-066, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. �� P:\stan\sp 03-066 thomas\sp 03-066 cc res.doc 050 City Council Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Adopted: October 7, 2003 Page 3 4. That upon approval of Specific Plan 2003-066, Specific Plans 99-033 and 99-036 (for the easterly portion of this property) shall be void and of no effect on the subject property. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held this Th day of October, 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 '93 051. P:\stan\sp 03-066 thomas\sp 03-066 cc res.doc CITY COUNCIL RESOLUTION 2003- SPECIFIC PLAN 2003-066 - THOMAS ENTERPRISES CONDITIONS OF APPROVAL — RECOMMENDED ADOPTED: OCTOBER 7, 2003 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Specific Plan, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • CalTrans 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, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. 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,_ n 4 052 P:\STAN\sp 03-066 thomas\sp 03-066 cc coa.doc 1 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 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 project. 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 Practices ("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 BMP's shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Permits issued under this approval shall be subject to the provisions of the infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and 4. J other property rights necessary for the construction or proper functioning of the 053 sp 03-066 cc coa Page 2 of 17 Resolution 2003- Specific Plan 2003-066 -Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall offer for dedication on the Final Map or other development application all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Highway 111 (Major Arterial, 140' ROW) - No additional right of way dedication is required except for an additional right of way dedication at the primary entry to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Adams Street (Secondary Arterial, 88' ROW) - No additional right of way dedication is required. 3) Corporate Centre Drive (Collector, 64' ROW Option) - No additional right of way dedication is required. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 9. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right- of-ways within 60 days of a written request by the City. 10. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets, if applicable. Such easement may be reduced to five feet in width with the express written approval of IID. 11. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: 054 �. sp 03-066 cc coa Page 3 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 A. Highway 1 1 1 (State - Major Arterial) - 50-foot from the R/W-P/L. B. Adams Street and Corporate Centre Drive (Secondary Arterial/Collector) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 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, and common areas on the Final Map. 13. Direct vehicular access to Highway 1 1 1 from lots with frontage along Highway 111 is restricted, except for those access points identified on the Specific Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final map. 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, or other encroachments will occur. 15. When an applicant proposes the vacation, or abandonment, of any existing right-of- way, or access easement, the recordation of the tract map is subject to the applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Specific Plan and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 17. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standar4 AutoCAD format so as to be fully retrievable into a basic AutoCAD program. 4W J 055 sp 03-066 cc coa Page 4 of 17 Resolution 2003- Specific Plan 2003-066 -Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. 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. 18. 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. 19. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. A. Site Development Plan lit = 30' Horizontal B. Traffic Signal Plan 1" = 20' 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. All Off -Site Plan & Profile Street 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment4. 9� must comply with submittal requirements of the Building & Safety Department. AO �.J i sp 03-066 cc coa Page 5 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "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. 20. The City maintains standard plans, detail sheets 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. 21. The applicant shall furnish a complete set of the AutoCAD files of all 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 -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 22. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 23. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation 4. 0 3 057 sp 03-066 cc coa Page 6 of 17 Resolution 2003- Specific Plan 2003-066 -Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 25. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 26. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 27. 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. 28. 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, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and 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. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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 as submitted with its application for a grading permit. 00 058 sp 03-066 cc coa Page 7 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 29. 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. 30. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 33. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. 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. 34. 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 Tentative Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 301 35. 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 5 sp 03-066 cc coa Page 8 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 DRAINAGE 36. The tributary drainage area shall extend to the centerline of adjacent public streets. 37. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 38. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 39. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 40. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 41. The applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge into the Coachella Valley Strom Water Channel which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this specific plan excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 42. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 302 060 sp 03-066 cc coa Page 9 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 43. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 44. Underground 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 all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 45. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 46. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial - State; 140' R/W): No widening of the north side of the street along all frontage adjacent to the Specific Plan is required for its ultimate width as specified in the General Plan and the requirements of these conditions except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) Other required improvements in the right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. - 061. sp 03-066 cc coa Page 10 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 2) Adams Street (Secondary Arterial — 88' R/W) : No widening of the east side of the street along all frontage adjacent to the Specific Plan is required for its ultimate width as specified in the General Plan and the requirements of these conditions. B. PARKING LOT AND CIRCULATION — The design of parking facilities shall conform to LQMC Chapter 9.150. Contingent on development concepts of the property to the east, the applicant shall provide an additional connection to the parking area from the shared entry drive off of Highway 111 at La Quinta Drive. The connection shall be located approximately 300 feet north of Highway 111 and aligned with the east/west circulation road south of Building Area 5. Drive thru access to the southerly east/west circulation road from Building Area 4 at the southeast corner of the property shall be at least 100 feet from the west curb face of the shared entry drive to the east. C. TRAFFIC SIGNAL - Traffic signal at the intersection of Adams Street and Corporate Centre Drive when warrants are met. Applicant is responsible for the cost to design and install the traffic signal. Applicant shall enter into an improvement agreement and post security for full cost to design and construct the traffic signal prior to issuance of an onsite grading permit; the security shall remain in effect until the signal is constructed by the applicant. 47. General access points and turning movements of traffic are limited to the following: A. Highway 111 n62 sp 03-066 cc coa Page 11 of 17 Resolution 2003- Specific Plan 2003-066 -Thomas Enterprises Conditions of Approval — Recommended Adopted: October 7, 2003 1) Primary Entry (Highway 111, 800 feet east of Adams Street): Right turn in, Right turn out. Left turn movements in and out are prohibited. 2) Secondary Entry (Highway 111, 420 feet east of Adams Street): Right turn in, Right turn our. Left turn movements in and out are prohibited. 3) Shared Entry (Highway 111, east of the easterly property line: Full turn movements are allowed at the existing signalized intersection of Highway 111 and La Quinta Drive. B. Adams Street - Limited to single access point as described below: 1) Primary Entry (Adams Street, 400 feet north of Highway 111): Full turn movements are allowed until traffic conditions at the entry warrant traffic installation at which time left turn restrictors shall be installed by the applicant. Prior to issuance of first permit for street improvements, the applicant shall post a bond or money, to pay for the reconfiguration of the intersection on Adams Street between Highway 111 and Adams Street should traffic conditions warrant traffic signal installation a" within the first five years after a certificate of occupancy has been issued to the first building, as determined by the Engineering Department. The bond shall cover the cost of constructing the traffic restrictors. At the end of the five years, if traffic conditions do not warrant traffic signal installation should no substaRtial eene8FRG be -real, the bond/money shall be released to the applicant. C. Corporate Centre Drive - Limited to single access point as described below: 1) Primary Entry (Corporate Centre Drive, 300' east of Adams Street): Full turn movements are allowed. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 48. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall as follows: ')F3 sp 03-066 cc coa Page 12 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 Parking Areas Collector Secondary Arterial Major Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c /5.0" c.a.b. 4.0" a.c./6.0" c.a.b. 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 49. 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. A. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 50. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 51. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last building within the development or when directed by the City, whichever comes first. LANDSCAPING 52. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 53. The applicant shall provide landscaping in the required setbacks, retention basins, and common lots. i1 �, 064 sp 03-066 cc coa Page 13 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 54. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention and basins, 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. 55. 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. PUBLIC SERVICES 56. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by Caltrans and the City Engineer. QUALITY ASSURANCE 57. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 58. The applicant shall employ, or retain, qualified engineers, surveyors, and such 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. . 59. 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. 60. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were 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-ima" .i 7 files previously submitted to the City, revised to reflect the as -built conditions. ) U P Y n65 sp 03-066 cc coa Page 14 of 17 Resolution 2003- Specific Plan 2003-066 - Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 MAINTENANCE 61. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 62. 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 63. 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. 64. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). MISCELLANEOUS 65. A minimum three-foot high screening of the parking lot surfaces shall be provided adjacent to Adams Street and Corporate Center Drive by the use of screen shrubs, short walls and/or berming. 66. All mitigation measures contained in Environmental Assessment 2003-481 are required to be complied with, as noted. 67. All masonry walls where determined by the Community Development Department to be readily visible from public streets shall be decorative in material and color. 68. The exterior elevations of all buildings contained in the specific plan text are conceptual only and subject to approval of a site development permit by the Planning Commission. 69. A sign program for the shopping center shall be approved by the Planning Commission prior to approval of a grading permit. 70. Comments received from the Police Department shall be considered and incorporated into the Site Development Permit project design where feasible. n66 sp 03-066 cc coa Page 15 of 17 Resolution 2003- Specific Plan 2003-066 -Thomas Enterprises Conditions of Approval - Recommended Adopted: October 7, 2003 71. The Specific plan shall be revised to require a Conditional Use Permit for gas stations and uses with drive through lanes. FIRE MARSHAL 72. 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. 73. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 74. Fire Department connections shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings. 75. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 76. 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. 77. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 78. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 79. Fire Department street access shall come to within 150 feet of all portions of the 1 floor of all buildings, by path of exterior travel. 80. Any commercial operation that produces grease -laden vapors will require a Hood/duct system for fire protection. (Restaurants, drive-thru's, etc.) 81. 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 signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. 82. Install a KNOX key box on the building. (Contact the Fire Department for an? I-! application) 067 sp 03-066 cc coa Page 16 of 17 Resolution 2003- Specific Plan 2003-066 -Thomas Enterprises Conditions of Approval - Recommended. Adopted: October 7, 2003 83. Install portable fire extinguishers as required by the California Fire Code. 84. The water mains shall be capable of providing a potential fire flow of 4000 gpm and the actual fire flow from any two adjacent hydrants shall be 2000 gpm for a 4-hour duration at 20-psi residual operating pressure. The fire flow is based on all buildings having a full NFPA 13 sprinkler system. BUILDING DESIGN REVISION 85. The loading dock for Major "A" (Henri's) and delivery trucks when using it shall be screened from view of Corporate Center Drive. This screening shall be accomplished by a decorative masonry screen wall and/or lowering of the loading dock. sp 03-066 cc coa Page 17 of 17 ATTACHMENT #3 Planning Commission Minutes September 9, 2003 a. Condition #14: The second paragraph as modifd by the applicant regarding the right to use the La Q nta Resort Hotel amenities contained in the contract b ween the La Quinta Resort Hotel and Centex Destinatio 'Properties. b. Condition #26: Modified to restrict any mmercial towers from the Planning Areas and all sat to dishes shall not exceed 18-inches in size. f C. Condition added: The Specific Ian shall be amended deleting Bullet #3 of Section 3. .1 of the Specific Plan and adding that all substantial ar itectural changes shall be reviewed and approved by t Architecture and Landscaping Review Committee and PI ning Commission. d. Condition added: The ecific Plan shall be amended to replace the 420 squ foot minimum livable area with 1,300 square feet , indicated in the Site Development Permit. ROLL CALL: AYES: Commissioner Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: r missioners Abels and Daniels. ABSTAIN: None. 13. There being no rther discussion, it was moved and seconded by Commissio ers Tyler/Quill to adopt Planning Commission Resolution 2 3-064 approving Tentative Tract Map 31379, as recommen d. ROLL CALL: AYES: ommissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None 14. jCesolution a being no further discussion, it was moved and seconded by missioners Tyler/Quill to adopt Planning Commission 2003-065 approving Site Development Permit 2003- as recommended. ROLL CAL .- AYES: Commissio Quill, Tyler, and Chairman Kirk. NOES: N Commissioners Abels and Daniels. ABSTAIN: None. E. Environmental Assessment 2003-481 and Specific Plan 2003-066; a request of Thomas _Enterprises for consideration of: . 1) certification of a Mitigated Negative Declaration of environmental impact; 2) review of s 12 070 G:\WPDOCS\PC Minutes\9-9-03WD.doc 8 Planning Commission Minutes September 9, 2003 development principals and guidelines for a 175,200 square foot commercial complex on 17.4 acres; and 3) deletion of Specific Plan 99- 036 and an Amendment to Specific Plan 98-033 eliminating ten gross acres and adding them to Specific Plan 2003-066. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked that the Fire Department conditions submitted replace those in the conditions. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if three of the pads along the front have drive-thrus. Staff stated that is correct. Commissioner Tyler noted It has been a discussion among the Commissioners to not allow the drive-thrus. Staff noted the individual elevations will be brought back to the Commission for their review. Commissioner Tyler asked the height of the light standards. Staff noted they are 24 feet. Commissioner Tyler asked about Condition 46.13. as to whether or not the access went all the way through the parking lot. Assistant City Engineer Steve Speer described the access on the east property line, 150 north of Highway 111 where there is an existing connection. This is to allow better circulation between this and the future project to the east. Commissioner Tyler asked why this applicant was being required to pay the full cost of the signal at Adams Street and Corporate Center Drive. Assistant City Engineer Steve Speer explained this applicant is essentially creating the increased traffic. The driveway access on the east side of Adams Street aligns with the one across the street. It is 400 feet from Highway 111 and does not comply with the General Plan and signal warrants. Therefore, a signal is needed at Corporate Center Drive to allow a break in traffic and accommodate the turning movements at this location. The options are to install the signal at the northerly access or remove the driveway access closer to Highway 111. In regard to the cul-de- sac in front of World Gym, it is proposed to be an emergency access only. Commissioner Tyler asked that condition #56 refer to Caltrans approval as well. G:\WPDOCS\PC Minutes\9-9-03WO.boc 9 Planning Commission Minutes September 9, 2003 3. Commissioner Quill asked if there were any site plans for the future post office. Staff stated no. Commissioner Quill noted the traffic problems on Adams Street with the High School traffic in the mornings and afternoons. 4. Chairman Kirk asked about the potential of closing the access on Adams Street closest to Highway 111. Assistant City Engineer Steve Speer stated they considered closing it and moving it further north, but determined that if there was a signal at Corporate Center Drive with a median, it would eliminate a lot of the problems. A suggestion would be to install a median and control the turning movements to be right in and out only, but the General Plan does not allow this. Another suggestion would be to condition the project to install turning movement barriers within a five year period. He would prefer to see the signal installed first before making that determination. 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Mike Peroni, The Keith Companies, representing the applicant, gave a presentation on the project. He noted the accesses existed with the prior approvals and the prior Specific Plan did require a prorata share of the signal costs. Mr. Rob Parker, RGA, landscape architect for the project, clarified on the plant pallet along Highway 111 that it would conform to the Highway 11.1 Design Guidelines. Mr. William Sharen, architect for the project, gave a presentation on the projects architecture. He noted the treatment to the back of the building area. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if anything prevented making the cul- de-sac a through access. Mr. Sharen stated they have no objection and would prefer to have it open. Planning Manager Oscar Orci stated it was staff's understanding the emergency only access was proposed by the applicant. Assistant City Engineer Steve Speer stated the World Gym does not have adequate parking and it was the intent to utilize parking from the adjoining uses on the subject property. His concern is that this is a service area and it could be a safety problem. 072, 4 G:\WPDOCS\PC Minutes\9-943WO.doc 10 Planning Commission Minutes September 9, 2003 7. Chairman Kirk asked for clarification on -the landscaping plan in the parking islands. Mr. Sharen clarified it was only for the building elevation presentation boards and they do not show all the trees proposed. Chairman Kirk asked if the Specific Plan was approved, would everything else that does not require a conditional use permit be approved by staff? Staff stated each building will have to have a site development permit approved by the Planning Commission. 8. Commissioner Tyler asked about the drive-thru plans. Mr. Sharen stated there are three proposed. They are place holders only at this time as they do not have tenants. One is proposed to be a bank, maybe a food service, and possibility a coffee drive-thru. Each will have a berm and landscaping to hide the drive-thru. 9. Chairman Kirk asked if there was any other public comment. Mr. Neil Kleine, owner of the proposed nearby buildings, stated his issue is whether or not he would be included in the prorata cost for the traffic signal. In addition, regarding the shortage of parking for World Gym, he would prefer there be access to share the parking. Assistant City Engineer Steve Speer stated he could be included in the prorate share for any project that has not received its entitlements. 10. There being no other questions Of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened it to Commission discussion. 11. Commissioner Tyler stated his concern is the drive-thrus. He believes there should be some room for the applicant to work with staff in regard to the access points. 12. Commissioner Quill stated his concern with the intersection across from the Jiffy Lube as he believed it should be a right turn only. He asked if the applicant had an objection to the prorate share of the signal. Mr. Mel Kunel, owner of the project, stated they would absorb the cost of the entire signal. 13. Chairman Kirk noted the rear elevation has some room for improvement that can be addressed during the site development process. He would suggest four areas be addressed. 1) the traffic signal: Assistant City Engineer Steve Speer stated it could be 315 .� 073 GAWPDOCSTC Minutes\9-9-03WD.doc 11 Planning Commission Minutes September 9, 2003 conditioned to be resolved in five years if there is a problem. If the signal solves the problem, no further improvements would be required. Mr. Nicole Criste, consultant planner, stated the Mitigated Monitoring Report requires it be solved before a grading permit can be issued. If it requires an additional study, the City Engineer can require it. The turning movements must be restricted unless it can be proven otherwise to the satisfaction of the City Engineer. 14. Chairman Kirk asked if there was any discussion regarding issue two, the cul-de-sac by World Gym. Commissioners discussed the advantages/disadvantages of opening the cul-de-sac. Assistant City Engineer Steve Speer stated there is a parking problem and to alleviate it the City has allowed parking on Corporate Center Drive. 15. Chairman Kirk noted the last issue is the drive-thrus. He asked if the Specific Plan could be conditioned to not allow them until such time as the Planning Commission has considered the proposed changes to the Zoning Code in regard to drive-thrus. Assistant City Attorney Michael Houston stated that under the Specific Plan, the drive-thru and gas stations could be required to file a conditional use permit application. 1-6. -Commissioner Quill stated it didn't sound fair to allow this applicant to have drive-thrus when they were approved for other applicants. They do appear to be screening it appropriately. He would be open to the conditional use permit process. 17. There being no further discussion, it was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-066 certifying a Mitigated Negative Declaration for Environmental Assessment 2003-481, as recommended. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. 18. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2003-067, approving Specific Plan 2003-065, as recommended by staff and amended. 316 074 1GAWPD0CSIPC MinutesW-9-03WD.doc 12 Planning Commission Minutes September 9, 2003 a. Condition added: All drive-thrus and gas stations shall require a conditional use permit application. b. Condition added: Prior to issuance of the first street improvement permit, the applicant shall post a bond, or money, to pay for the reconfiguration of the intersection of the driveway between Highway 111 and Corporate Center Drive should the Public Works Department determine that traffic problems have occurred within the first five years after a certificate of occupancy has been issued to the first building. The bond shall cover the cost of constructing the traffic restricters. At the end of the five years, should no substantial concerns be realized, the bond/money shall be released to the applicant. C. All conditions of the Fire Department shall be added. d. Condition #64: Reference to Caltrans approval shall be added. ROLL CALL: AYES: Commissioners Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioners Abels and Daniels. ABSTAIN: None. ChairQaap Kirk re _ssed h . meeting at 9:14 p.m. and reconvened at 9:24 p.m. F. N XSite Development Permit 2003-783; a request of Michael Shovlin for deration of development plans for a 5,150 square foot restaurant ng located on the north side of Highway 111, east of Simon Drive, n the One Eleven La Quinta Shopping Center. 1. airman Kirk opened the public hearing and asked for the staff rep . Principal Planner Stan Sawa presented the information conta Principal in the staff report, a copy of which is on file in the Commu ity Development Department. 2. Chairman Ki asked if there were any questions of staff. Commissioner will asked if this was really a brewery. Staff stated it was his derstanding it would be. 3. Commissioner Tyler as\ee dditional light standards for this area. Staff noted whxisting and potential areas for additional lights. ComTyler asked for clarification on Condition #53. Stad it was a request of the Architecture and Landiew Committee (ALRC) to have 17 075 G:\WPDOCS\PC Minutes\9-9-03WO.doc 13 ATTACHMENT !4 �S �j e� • etctsetr�' $ P r �a s �av C" Q jj m D O g L Jm6 $ E *� cn m i � W 076 1,11111 H III r w �J vB 0 0 z O � — a' J W ekz cc 8 O a z LU IL jr � %;v 6� a 90 , o 1 c2b G G la\ w ------------------- O _ 1■ 1 �O O ! , &CIO"u'\ 0 COO`L a a d Q z O Q J W W. 0 m W 8 .J Q H W V Z O 0 4�1NTA- S .,REGENE� � Q 26 �003 ,0 5ti L� I _