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2003 12 16 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, December 16, 2003 - 2:00 P.M. Beginning Resolution No. 2003-1 19 Ordinance No. 396 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. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE GOVERNMENT CODE SECTION 54957. - PURSUANT TO City Council Agenda 1 December 16, 2003 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, JERRY HERMAN, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 1 1 1 AND LA QUINTA DRIVE (APN: 649-030-055). PROPERTY OWNER/NEGOTIATOR: ROBERT CRAIG MANIACI. 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 1. PRESENTATION BY THE FRIENDS OF THE LA QUINTA LIBRARY WRITTEN CORRESPONDENCE - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF NOVEMBER 18, 2003 2 APPROVAL OF MINUTES OF DECEMBER 2, 2003 City Council Agenda 2 December 16, 200; 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 DECEMBER 16, 2003. 2. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER 31, 2003. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED OCTOBER 31, 2003. 4. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE 2003 SKINS GAME GOLF TOURNAMENT AT TRILOGY AT LA QUINTA. 5. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM THE FRIENDS OF THE LA QUINTA LIBRARY FOR THE CITY OF LA QUINTA LIBRARY BUILDING. 6. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE ADAMS STREET AT WESTWARD HO DRIVE TRAFFIC SIGNAL IMPROVEMENT, PROJECT NO. 2002-06. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WTH TRACT NO. 24890-6, CITRUS, BROOKFIELD HOMES. 8. ADOPTION OF FACILITY USE POLICIES. 9. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL SUPPORTING THE DESERT COMMUNITY COLLEGE DISTRICT'S BOND CAMPAIGN AND BOND MEASURE SCHEDULED FOR THE MARCH 2, 2004 CONSOLIDATED ELECTION. 10. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE WASHINGTON STREET MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT 2003-09. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY BERTHA SANCHEZ - DATE OF LOSS: NOVEMBER 16, 2003. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ACCOUNTING MANAGER TO ATTEND THE 2004 CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS (CSMFO) ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, FEBRUARY 28- MARCH 2, 2004. 13. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS. 90-1, 91-1, 92-1, AND 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2003. 3 City Council Agenda 3 December 16, 2003 14. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 30, 2003. 15. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR RECONSTRUCTION OF EISENHOWER DRIVE, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB — LA QUINTA UNIT. BUSINESS SESSION 1. CONSIDERATION OF REFURBISHMENT OPTIONS FOR THE VILLAGE PARKING LOT, CONSENT TO USE OF FUNDS FROM REDEVELOPMENT AGENCY PROJECT AREA NO. 1, AND ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH & SAFETY CODE SECTION 33445(a). A. RESOLUTION ACTION B. MINUTE ORDER ACTION 2. CONSIDERATION OF RED LIGHT VIOLATION SIGN INSTALLATION. A. MINUTE ORDER ACTION 3. CONSIDERATION OF PARTICIPATION IN THE SENIOR INSPIRATION AWARDS PROGRAM. A. MINUTE ORDER ACTION 4. CONSIDERATION OF ADOPTION OF A RESOLUTION SETTING THE TIME AND PLACE FOR A JOINT PUBLIC HEARING ON THE LA QUINTA REDEVELOPMENT PROJECT NO. 2 REDEVELOPMENT PLAN AMENDMENT. A. RESOLUTION ACTION 5. CONSIDERATION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) ON THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN REGARDING "MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD" TO PROVIDE AN EXTENSION OF THE CURRENT MOU UNTIL MARCH 15, 2005. A. MINUTE ORDER ACTION City Council Agenda 4 December 16, 2003 6. CONSIDERATION OF INTERVIEW SCHEDULE FOR GOLF COURSE MANAGEMENT FIRMS FOR SILVERROCK RANCH. A. MINUTE ORDER ACTION 7. CONSIDERATION OF CITY COUNCIL REORGANIZATION, SELECTION OF MAYOR PRO TEM TO SERVE A TERM AS PROVIDED BY RESOLUTION NO. 98-109. A. MINUTE ORDER ACTION 8. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 393 REPEALING AND REPLACING SECTION 6.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO DISTURBANCES BY CONSTRUCTION NOISES. A. ADOPT ORDINANCE NO. 393 ON SECOND READING 9. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 394 APPROVING AMENDMENTS TO SECTIONS 9.160.020 (TABLE 9-17.7), 9.40.040 (TABLE 9-1), 9.60.100 AND 13.12.160(B) OF THE LA QUINTA MUNICIPAL CODE (ZOA 2003- 079). A. ADOPT ORDINANCE NO. 394 ON SECOND READING 10. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 395 APPROVING A REVISED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC (DEVELOPMENT . AGREEMENT 2003-006). A. ADOPT ORDINANCE NO. 395 ON SECOND READING STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (PERKINS) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 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) 5 City Council Agenda 5 December 16, 2003 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 11. 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. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES FOR NOVEMBER 5, 2003 16. HISTORIC PRESERVATION COMMISSION MINUTE FOR OCTOBER 16, 2003 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. GRANT UPDATE FOR 2003 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S REPORT FOR NOVEMBER, 2003 5. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT FOR NOVEMBER, 2003 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR NOVEMBER, 2003 7. FINANCE DIRECTOR'S REPORT - NONE A. SALES AND USE TAX CONFIDENTIALITY 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR NOVEMBER, 2003 9. POLICE CHIEF'S REPORT FOR NOVEMBER, 2003 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. rMITil :2 ►v, I 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 speakers podium. G City Council Agenda 6 December 16, 2003 PRESENTATIONS 1. PRESENTATION OF PLAQUE COMMISSIONER MIKE DAVIS. PUBLIC HEARINGS TO FORMER COMMUNITY SERVICES 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 RESOLUTIONS AND AN ORDINANCE ON: 1) ENVIRONMENTAL ASSESSMENT 2003-483 TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) GENERAL PLAN AMENDMENT 2003-093 AND ZONE CHANGE 2003-116 TO CHANGE LAND USE AND ZONING DESIGNATIONS FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL AND MIXED/REGIONAL COMMERCIAL AND RELOCATE THE NEIGHBORHOOD COMMERCIAL DESIGNATIONS, ADD GOLF COURSE DESIGNATIONS, AND ELIMINATE THE MAJOR COMMUNITY FACILITY DESIGNATION; 3) CANCELLATION OF WILLIAMSON ACT CONTRACT FOR 195 ± ACRES; 4) SPECIFIC PLAN 2003-067 FOR DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR TWO 18-HOLE GOLF COURSES, ASSOCIATED FACILITIES, AND 1,400 RESIDENTIAL UNITS; AND 5) SITE DEVELOPMENT PERMIT 2003-787 FOR DEVELOPMENT PLANS FOR TWO 18-HOLE GOLF COURSES, ASSOCIATED FACILITIES, AND 1,400 RESIDENTIAL UNITS FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF AVENUE 60 AND MONROE STREET. APPLICANT: CORAL OPTION I, LLC. A. RESOLUTION ACTION(S) B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING City Council Agenda 7 December 16, 2003 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE ON: 1) ENVIRONMENTAL ASSESSMENT 2003-485 TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) GENERAL PLAN AMENDMENT 2003-095 TO AMEND CHAPTER 2.0 OF THE GENERAL PLAN TO ALLOW HIGH DENSITY RESIDENTIAL USES IN THE COMMERCIAL ,PARK LAND USE AREA; AND 3) ZONING CODE AMENDMENT 2003-078 TO AMEND TABLE 9-5 OF SECTION 9.80.040 OF THE ZONING CODE TO PERMIT HIGH DENSITY RESIDENTIAL USES IN A COMMERCIAL PARK DISTRICT SUBJECT TO REVIEW AND APPROVAL OF A CONDITIONAL USE PERMIT. APPLICANT: CITY OF LA QUINTA. A. RESOLUTION ACTION(S) B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING 3. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE ON: 1) ENVIRONMENTAL ASSESSMENT 2003-479 TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) GENERAL PLAN AMENDMENT 2003-094 AND ZONE CHANGE 2003-115 TO CHANGE LAND USE AND ZONING DESIGNATIONS FROM COMMUNITY COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; AND 3) TENTATIVE TRACT MAP 31348 TO SUBDIVIDE 37.72 ACRES TO ALLOW 72 LOTS AND ONE OPEN SPACE LOT FOR PROPERTY LOCATED AT 46-201 WASHINGTON STREET. APPLICANT: MADISON DEVELOPMENT, LLC. A. RESOLUTION ACTION(S) B. .TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on January 6, 2004, 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. ral City Council Agenda 8 December 16, 2003 DECLARATION OF POSTING I, Phyllis Manley, Deputy City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, December 16, 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, December 12, 2003. DATED: DECEMBER 12, 2003 PHYLLIS MANLEY, Deputy 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. City Council Agenda 9 December 16, 2003 COUNCIL/RDA MEETING DATE: DECEMBER 16, 2003 ITEM TITLE: Demand Register Dated December 16, 2003 T 0 4tit 4 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated December 16, 2003 BACKGROUND: Prepaid Warrants: 56459 - 565271 263,608.01 Wire Transfers) 1,091,157.70 P/R 31625 - 317391 1819056.81 P/R Tax Transfers) 54,020.32 Payable Warrants: 56528 - 566741 1,142,434.18 FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA $2,732,277.02 $1,498,440.28 $1,233,836.74 John M. Falconer, Finance Director 10 CITY OF LA QUINTA BANK TRANSACTIONS 11/26/03 - 12/09/03 12/05/03 WIRE TRANSFER - ICMA $8,461.31 12/05/03 WIRE TRANSFER - CREDIT UNION $6,067.00 12/05/03 WIRE TRANSFER - PERS $14,317.84 12/05/03 WIRE TRANSFER - PERS HEALTH INSURANCE $45,038.21 12/02/03 WIRE TRANSFER - RDA ESCROW $94,000.00 12/02/03 WIRE TRANSFER - LAND PURCHASE $262,189.91 12/02/03 WIRE TRANSFER - LAND PURCHASE $246,534.49 12/02/03 WIRE TRANSFER - LAND PURCHASE $249,415.13 12/02/03 WIRE TRANSFER - LAND PURCHASE $76,133.81 12/09/03 WIRE TRANSFER - RDA ESCROW $890000.00 TOTAL WIRE TRANSFERS OUT $1,091,157.70 ACCOUNTS PAYABLE-'AP5005 CHECK REGISTER 2:02PM 12/09/03 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.*** 56528 12/09/03 &02150 TED HARTNETT 550.00 56529 12/09/03 &02151 MARGARITA HERNANDEZ 4.00 56530 12/09/03 &02152 JENNIFER KNAPP 3.50 56531 12/09/03 &02153 ROBERT O MAYER 3.50 56532 12/09/03 &'02154 RANCHO SANTANA 350.00 56533 12/09/03 &02155 SIGRUN BRAVERMAN 60.00 56534 12/09/03 &02156 TRAVIS CRITTENDEN 30.00 56535 12/09/03 &02157 JOYCE DAWSON 40.00 56536 12/09/03 &02158 ANGELA DUNLAP 40.00 56537 12/09/03 &02159 NORM EASTWOOD 60.00 56538 12/09/03 &02160 MARCANNE GREEN 40.00 56539 12/09/03 &02161 SANDRA HARP 60.00 56540 12/09/03 &02162 SARAH JALLINOJA 120.00 56541 12/09/03 &02163 ROBERT LOPEZ 50.00 56542 12/09/03 &02164 RON MENDELSBERG 60.00 56543 12/09/03 &02165 ROSALINE MORCUS 60.00 56544 12/09/03 &02166 ADELE SIMMONS 60.00 56545 12/09/03 &02167 ELVIRA STARK 60.00 56546 12/09/03 &02168 BILLIE VILLASENOR 60.00 56547 12/09/03 &02169 SUELLEN WEIR 60.00 56548 12/09/03 &02170 JAKE EAGAN 30.00 56549 12/09/03 &02171 MARIA RODRIGUEZ 50.00 56550 12/09/03 ACE050 ACE INDUSTRIAL SUPPLY 184.40 56551 12/09/03 ADT100 ADT SECURITY SVC INC 489.14 56552 12/09/03 ALC050 BOB ALCALA 56.00 56553 12/09/03 AME002 AMERICAN CHEMICALS INC 300.65 56554 12/09/03 ANW100 AN-WIL BAG CO 801.66 56555 12/09/03 ARC100 ARCH 1985.29 56556 12/09/03 AVA100 AVAYA INC 754.49 56557 12/09/03 CAD010 CADET UNIFORM SUPPLY 230.65 56558 12/09/03 CAL140 CAL CONTRACTORS SUPPLIES 317.54 56559 12/09/03 CAL237 CALIFORNIA OVERNIGHT 94.50 56560 12/09/03 CAL240 CALIFORNIA POOLS & SPAS 902.00 56561 12/0.9/03 CAN300 CANON FINANCIAL SVC 1026.14 56562 12/09/03 CAP050 ROSMARY HEIM CAPUTO 392.00 56563 12/09/03 CAR070 CARDIFF LIMOUSINE INC 719.71 56564 12/09/03 CAR100 CARDINAL PROMOTIONS 86.20 56565 12/09/03 CAR300 CARQUEST 41.88 56566 12/09/03 CDS100 CDS OFFICE PRODUCTS INC 612.55 56567 12/09/03 CDW050 CDW GOVERNMENT INC 429.93 56568 12/09/03 CLE075 CLEAN ENERGY 104.27 56569 12/09/03 COM015 COMPUTER U LEARNING CENTR 1525.00 56570 12/09/03 CVP100 CV PARTS & SUPPLY 512.10 56571 12/09/03 DAN150 DANIELS TIRE SVC 1713.26 56572 12/09/03 DEP150 DEPARTMENT OF JUSTICE 175.00 56573 12/09/03 DES018 DESERT ELECTRIC SUPPLY 581.27 56574 12/09/03 DESO47 DESERT PHOTO LAB/STUDIO 64.63 3 40 ACCOUNTSPAYABLE - AP5005 CHECK REGISTER 2:02PM 12/09/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 56575 12/09/03 DES051 DESERT SANDS UNIFIED SCHL 780.00 56576 12/09/03 DES060 DESERT SUN PUBLISHING CO 170.33 56577 12/09/03 DES065 DESERT TEMPS INC 2536.68 56578 12/09/03 DES085 DESERT VIEW TREE SVC 5000.00 56579 12/09/03 DET200 DETROIT INDUSTRIAL TOOL 884.77 56580 12/09/03 DIE050 DIETERICH POST 48.26 56581 12/09/03 DKS100 DKS CONTRACTING & ENG 166538.87 56582 12/09/03 DUD100 DUDEK & ASSOCIATES INC 3569.54 56583 12/09/03 DUN200 KATHY DUNHAM 939.55 56584 12/09/03 ECS100 ECS IMAGING INCORPORATED 9150.81 56585 12/09/03 EVA050 DAVID EVANS & ASSOC INC 13213.79 56586 12/09/03 EXP200 EXPRESS DETAIL 860.00 56587 12/09/03 FED010 FEDERAL EXPRESS CORP 149.09 56588 12/09/03 FRO100 TOM FROST GOLF INC 922.50 56589 12/09/03 GAL075 JOSE GALARZA 150.00 56590 12/09/03 GAS100 THE GAS COMPANY 8014.89 56591 12/09/03 GCS010 GCS WESTERN POWER & EQUIP 93.43 56592 12/09/03 GOD100 GERARDO GODINEZ 30.00 56593 12/09/03 GRA010 GRANITE CONSTRUCTION CO 158.47 56594 12/.09/03 GUM050 BRAD GUMMER 231.00 56595 12/09/03 HAR100 JOHN HARDCASTLE 30.96 56596 12/09/03 HEN100 HENRY'S GLASS CO 75.00 56597 12/09/03 HIC200 RENE' HICKEY 199.50 56598 12/09/03 HOM030 HOME DEPOT 1183.83 56599 12/09/03 H00050 FAYE HOOPER 90.00 56600 12/09/03 HOU100 HOUSTON & HARRIS PCS INC 1050.00 56601 12/09/03 IND030 INDIO SHOE STORE INC .186.41 56602 12/09/03 INT004 INTELLICEPT 2872.03 56603 12/09/03 KEI010 KEITH COMPANIES 23657.53 56604 12/09/03 KIL100 KILLER BEE SWARM REMOVAL 149.00 56605 12/09/03 KIN100 KINER/GOODSELL ADVERTISNG 9765.28 56606 12/09/03 KRI100 BRUCE KRIBBS CONSTRUCTION 8965.00 56607 12/09/03 KUS100 KUSTOM IMPRINTS 159.09 56608 12/09/03 LIP100 LORI LIPSMAN 23.80 56609 12/09/03 LOP200 JUAN PABLO LOPEZ 120.00 56610 12/09/03 LOR100 LORMAN EDUCATION SERVICES 538.00 56611 12/09/03 LOW100 LOWE'S COMPANIES INC 1.19.91 56612 12/09/03 LUN050 LUNDEEN PACIFIC CORP 57043.71 56613 12/09/03 MAR045 SALLY MARSHALL 396.50 56614 12/09/03 MAS200 FRANCO MASSINI 30.00 56615 12/09/03 MEE100 WAYNE MEEDS 120.00 56616 12/09/03 MEN040 RUBEN M MENDOZA 150.00 56617 12/09/03 MOB200 MOBILE SATELLITE VENTURES 224.97 56618 12/09/03 MOR175 SCOTT MORRISON & ASSOC 1420.00 56619 12/09/03 MUN010 MUNI FINANCIAL SERV INC 2729.61 56620 12/09/03 NEX010 NEXTEL COMMUNICATIONS 1794.93 56621 12/09/03 NIC101 NICKERSON & ASSOC INC 11019.08 56622 12/09/03 NUN100 ANICETO NUNEZ 300.00 56623 12/09/03 OFF005 OFFICE DEPOT INC 586.82 4 13 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:02PM 12/09/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 56624 12/09/03 PAL400 PALMER COURSE DESIGN CO 200000.00 56625 12/09/03 PIT100 NOEL PITTMAN 259.00 56626 12/09/03 POW351 POWER PLUS 350.00 56627 12/09/03 PSO100 PSOMAS 15422.76 56628 12/09/03 RAL050 RALPHS GROCERY CO 13.95 56629 12/09/03 RAM175 GUILLERMO RAMOS 60.00 56630 12/09/03 RAS020 RASA - ERIC NELSON 1921.00 56631 12/09/03 RIV021 RIVERSIDE COUNTY AUDITOR 130.00 56632 12/09/03 RIV100 RIVERSIDE COUNTY SHERIFFS 339082.02 56633 12/09/03 RIV110 RIVERSIDE COUNTY SHERIFFS 3422.40 56634 12/09/03 RIV130 RIVERSIDE CNTY PURCHASING 13.50 56635 12/09/03 RUT050 RUTAN & TUCKER 86528.70 56636 12/09/03 SAL155 SANTOS SALAS 120.00 56637 12/09/03 SAX100 SAXON ENGINEERING SERVICE 2940.00 56638 12/09/03 SCI100 LOUISE SCIUTTO 120.00 56639 12/09/03 SEL020 SELECT FIRST AID 18.32 56640 12/09/03 SIE075 SIERRA LANDSCAPE CO INC 3630.00 56641 12/09/03 SLO100 SHARON SLOANE 257.60 56642 12/09/03 SMA010 SMART & FINAL 155.58 56643 12/09/03 SOU008 SOUTHWEST MOBILE STORAGE 215.50 56644 12/09/03 SOU009 SOUTWEST AQUATICS INC 368.00 56645 12/09/03 SPE070 SPENCER FLOORS INC 7947.61 56646 12/09/03 STA045 STAN'S AUTO TECH 414.77 56647 12/09/03 STA049 STAPLES BUSINESS ADVANTGE 1068.68 56648 12/09/03 STE003 M W STEELE GROUP INC 38823.46 56649 12/09/03 STE008 FRANK STEIN NOVELTY CO 156.95 56650 12/09/03 STUO10 WILLIAM STUBBLEFIELD 504.00 56651 12/09/03 SUL100 SULMEYER, KUPETZ, BAUMANN 58.31 56652 12/09/03 SUP050 SUPERIOR READY MIX CONC 3638.08 56653 12/09/03 SWR100 SWRCB ACCOUNTING OFFICE 7406.00 56654 12/09/03 TAG100 TAG/AMS INC 50.00 56655 12/09/03 TEM100 TEMECULA COPIERS 110.50 56656 12/09/03 TH0125 LORNA THOMPSON 224.00 56657 12/09/03 TRA007 TRAFFEX ENGINEERS INC 7253.43 56658 12/09/03 TRE020 JULIO TREJO 60.00 56659 12/09/03 TRIO10 TRI LAKE CONSULTANTS INC 34264.50 56660 12/09/03 TRI100 TRI STATE LAND SURVEYORS 270.00 56661 12/09/03 TRU010 TRULY NOLEN INC 163.00 56662 12/09/03 UND010 UNDERGROUND SERVICE ALERT 77.00 56663 12/09/03 USB050 U.S.BANK TRUST NATL ASSOC 1530.00 56664 12/09/03 USB150 US BANK N A 18504.32 56665 12/09/03 USP016 US POSTMASTER 150.00 56666 12/0 M)3 UST050 U S TOY CO INC 139.08 56667 12/09/03 VCA100 VCA CODE GROUP 3681.00 56668 12/09/03 VID050 VIDEO DEPOT 35.82 56669 12/09/03 WAL010 WAL MART COMMUNITY 109.84 56670 12/09/03 WEB150 WEBSITES 2000 1140.00 56671 12/09/03 WIR100 WIRELESS WEST 80.86 56672 12/09/03 WLC100 WLC ARCHITECTS INC 1722.14 fl 5 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:02PM 12/09/03 CITY OF LA QUINTA BANK ID: DEF PAGE 4 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 56673 12/09/03 W00100 DEBBIE WOODRUFF 390.60 56674 12/09/03 XER010 XEROX CORPORATION 2637.70 CHECK TOTAL 1,142,434.18 15 6 01 O N M lD H N M V' Ln r H N N N N O F z M O rn o H N x CD OD OD W OD CD co H N N N N N N N N N N N N a r-A H r-1 H H H H 1-4 '-1 H H a s H F F F F F ElF F F E-+ E-E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r+ E-, o Ln o 0 0 0 o O 0 0 W z o v ri cri o 0 0 0 0 0 0 0 Ln tD M sr a� �D tD O ,n M a 0 0 0 0 0 0 0` o 0 0 0 0 0 Ln Ln o 0 0 0 0 0 0 M M to >4 >4 u') %D a' "' a a a `r' W a a 0 o w w o E a o a z � o ar a a �i a 4 .aa� �i a Z z F H F 4 F H F F H FO W F U Z 4 F cn �L F cn F cn F v� F O W F to F U)O Ho 40 go � H O In O COO cn O O O O O fn O cn W H 0 E4 F F F F F F a F � H a F � F � F a E+ � F a H W w a U a Q a U a w a U a U a U 0c U a U a U a U O H O O Ca Q Q Q Q Q Q Q Q Q Q z� zz zz zz zz zz zz zz zz zz zz zz z H W a w D w 0 w '� w a w 0 w � w a W a W a w M w � w w > w > w > > w > r94 > w > w > w > w > w > w Q W w w w w w w w w w w W x a a a a a a a a a a a a UW in u') �r c H a a to OD OD M H H H O > ) ',� (>a O O O O H Ln O C1 M OD C M m m N V� H CDO cP a% O d' H H Q H z a 0 H N- H O H of �� In lt7 In tf) Ln Ln Ln Q ►] a a a N N N N N N N w x w m a 1 0 0 w H a U') H H H un o 0 0 0 0 0 0 W C H H H C O O O Cl O O O r� M M M M cn O Cl O O Cl O O J H C1 01 M H 00 l� t` [� OD t` OD z sr M M M d' M M M f+M M M M F Z o o O o O O O o 0 0 0 O a 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0 0 U U H H H H H H H H H H H H O O O O O 0 O O O 0 O O H H H H H H H H H H H H O in O F z N w a x >4za' Q w aa' W Q H a z 3 w z Q g w a W Ea• a z H }i QI a F F pH a U a H z o a w cn W. 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N x U Ol 01 01 Ol c' 01 01 01 V H N N N N N N N N N Q E pq H H EH E+ E-N H H H H a a Q 0 lw Un o o o w ri � OD OD o ODH r Z (4 H z ri '-1 a r t o O OD 7� D O r i N 1 r r- M w V' H N Qr N N C O to o O r4 OD OD O OD ri to r- ri to Ol O o N O c� m O O -4 C , OD N r Ol M cM to H -4 H N H H w w z E z H z E-E H 0z E+ H H H W E-4 a O O H O O H O Q O O cn 0 W H H H H w H 4 H H H a H fC E4 w w "' Hw aa H w ED a cc % x a sSL� o ff O o Q ao 8 a $> zU 04 a z a a a A z z W A z H z a z w z H cn w a w a w w W z w 44 W H w H w > z> o> a a> 7z 2> a> U A H H A p: �M P4 > CA On OD e-4, OD H OD N O N OD d' OD r'I W W A H H O O O w N Ln 01 c Q O to N O H a x w as a o O w H n4 0 0 0 0 0 0 o N � W o 0 0 0 O to O rn o m O o O o U) to o Ln �o C) M r-c ri ri M to 0) d\ z O o O w O M o O O EE+ z r-4 N N c+n r 1 M O N M p to O o to O Ln N O cn O r 1 N N N M r-c N r U U ri ri ri r-c r♦ ri r♦ r♦ '-c r1; 0 0 0 0 O O O O O ri r-c r-I ri ri -4 V' ri ri O H H H H O H H H a O 9 W E U U OU U o N to 3 U H G4 O a �0 z H H H H co H U) a fx 3 H O x w� $ to z �� 3 3 `a a 3 3 w 3 H 3 a 3 A H Gu W z 0 > a O >4 U H U H O O r-4 0 0 A a 4 o o r4 ri 0 o a A 4 O Ln ri o0 W O o rI a H O 0 .1 U a o 0 .-i O O O o a w Q U 3 3 3 3 3 3 3 3 X 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:OOPM 12/04/03 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.*** 56459 12/04/03 &02149 NANCY ALEXANDER 20.00 56460 12/04/03 ABE001 JACQUES ABELS 100.00 56461 12/04/03 AD0010 DON ADOLPH 100.00 56462 12/04/03 ATT075 AT&T WIRELESS 101.78 56463 12/04/03 BOB100 BILL BOBBITT. 75.00 56464 12/04/03 BOD010 MARK A BODNAR 83.78 56465 12/04/03 BUT100 GREG BUTLER 83.78 56466 12/04/03 CAL040 CALIFORNIA VISION SERVICE 1088.83 56467 12/04/03 CAL080 CA SOC MUNCIPAL FINANCE 35.00 56468 12/04/03 CAL167 CALPERS LONG-TERM CARE 85.39 56469 12/04/03 CAN050 CANADA LIFE ASSURANCE CO 611.88 56470 12/04/03 CAS100 MARIA CASILLAS 83.78 56471 12/04/03 CHI005 CHICAGO TITLE COMPANY 1260.00 56472 12/04/03 CHRO10 SHARON CHRISTIANSEN 83.78 56473 12/04/03 COA030 COACHELLA VALLEY INSURANC 2967.00 56474 12/04/03 COA080 COACHELLA VALLEY WATER 13772.43 56475 12/04/03 CRA050 DANIEL CRAWFORD JR 83.78 56476 12/04/03 CUN100 DENNIS CUNNINGHAM 75.00 56477 12/04/03 DAN125 RICHARD A DANIELS 100.00 56478 12/04/03 DOM025 ANNA DOMINGUEZ 8.66 56479 12/04/03 FER150 HECTOR J FERNANDEZ - 8.66 56480 12/04/03 FRA010 MARNI FRANCISCO 48.10 56481 12/04/03 GEN100 THOMAS P GENOVESE 93.24 56482 12/04/03 GUZO10 HECTOR GUZMAN 8.66 56483 12/04/03 HAR030 TOM HARTUNG 93.24 56484 12/04/03 HER010 JERRY HERMAN 93.24 56485 12/04/03 HOR100 DODIE HORVITZ 18.10 56486 12/04/03 IMP010 IMPERIAL IRRIGATION DIST 19404.12 56487 12/04/03 JON130 MARCIA JONASSON 516.00 56488 12/04/03 KIR010 TOM KIRK 100.00 56489 12/04/03 KOC100 STEVE M KOCHELL 83.78 56490 12/04/03 LAQ050 LA QUINTA CITY EMPLOYEES 595.79 56491 12/04/03 LAQ230 LA QUINTA H S TOUGH GUYS 250.00 56492 12/04/03 LIN050 JAMES LINDSEY 83.78 56493 12/04/03 MCE010 GINA R MC ELROY 8.6.6 56494 12/04/03 MEN030 MISSY MENDOZA 8.66 56495 12/04/03 MOR050 ANTHONY MORENO 83.78 56496 12/04/03 MOU050 LESLIE MOURIQUAND 75.00 56497 12/04/03 OMR100 OMRI & BONI 100.00 56498 12/04/03 ORR100 VIANKA L ORRANTIA 8.66 56499 12/04/03 POW300 POWER PERSONNEL INC 1779.28 56500 12/04/03 PUE050 MARIA L PUENTE 75.00 56501 12/04/03 QUI020 PAUL D QUILL 100.00 56502 12/04/03 RAN043 ED RANDALL 83.78 56503 12/04/03 RIV034 RIVERSIDE COUNTY CLERK 64.00 56504 12/04/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 56505 12/04/03 ROD100 MOISES RODARTE 83.78 24 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:OOPM 12/04/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 56506 12/04/03 RUI100 JOHN RUIZ 112.82 56507 12/04/03 SAF020 SAFEGUARD HEALTH PLANS 6088.94 56508 12/04/03 SAN075 SANTA ROSA DEVELOPMENT 200000.00 56509 12/04/03 SHA050 ARCHIE SHARP 75.00 56510 12/04/03 SM1010 MARILYN SMITH 100.00 56511 12/04/03 SOU010 SOUTHERN CALIF GAS CO 396.74 56512 12/04/03 SPE010 STEVE SPEER 8.66 56513 12/04/03 SPRO10 SPRINT 793.91 56514 12/04/03 STA005 JAMES STAIGHT 83.78 56515 12/04/03 STA044 DARREN STANLEY 62.50 56516 12/04/03 STA100 STATE WATER RESOURCES 2607.00 56517 12/04/03 TIM075 TIME WARNER CABLE 699.95 56518 12/04/03 TWI100 TWIST & SHOUT DISC JOCKEY 200.00 56519 12/04/03 TYL050 ROBERT T TYLER 100.00 56520 12/04/03 UNIO05 UNITED WAY OF THE DESERT 182.00 56521 12/04/03 UNU050 UNUM LIFE INS 2803.82 56522 12/04/03 USD050 US DEPT OF EDUCATION 170.83 56523 12/04/03 VER200 VERIZON 3713.60 56524 12/04/03 WEI050 MARK WEISS 61.00 56525 12/04/03 WIL005 W ALLAN WILBUR 75.00 56526 12/04/03 WISO10 WANDA P WISE-LATTA 83.78 56527 12/04/03- WRI050 ROBERT S WRIGHT 75.00 CHECK TOTAL 263,608.01 25 � 4 r N (N OD %D N OD N 0) NOD r-I Ln r-i O �- 4 M CA O IV N N O H z N1 O C N � W U E C7 E C7 E C7 E C7 E C9 E C7 U' E U E E Ol ON rn E W C7 W W W W W W W W E rn E W E rn E-+ ON E- E M M O O O MLO O CO OD M O d1 O O O O o N O r r OD O M OD r W z O N O O O O M �D 0D M r M OD M OD 0D OD M O HOD �D O ,-1 rl O � � H a O 0 O. 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BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _Sp�_ STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated October 31, 2003 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Re ctfull submitted• J hn . Falconer, Fin nce Director Approved for Submission by: k Mark Weiss, Acting City Manager Attachment: 1. Treasurer's Report, City of La Quinta 4,1 ATTACHMENT 1 T0 . . N 0 if 4 4 a" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director Treasurer SUBJECT: Treasurers Report for October 31, 2003 DATE: November 25, 2003 Attached is the Treasurers Report for the month ending October 31, 2003. The report is submitted to the City Council each month after a reconciliation of accounts Is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash ($115,765) $233,514 (1) $117,749 $233,514 LAW $17,104,884 9,265,724 (5,000,000) 21,370,608 4,265,724 US Treasuries (2) $67,063,477 10,036,396 (2,000,000) 31,151 75,131,024 8,067,547 US Gov't Agencies (2) $27,415,104 2,053,300 25,762 29,494,166 2,079,062 Commercial Paper (2) $0 0 0 Mutual Funds $16133 778 1 15,761 685 372,093 15 761,685 Total 127 601478 1$21,588,934 (.$p6761,6851 1 $56 913 $126 485 640 $1 115 838 I certify that this report accurately reflects all pooled investments and is In compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer I Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 43 [lul a n A a U. LL a ,6 N N 8 � at W at q� w LD h -01 O 8 T§it $N O gT — 8 ���� g O g O k B 9 1 1 cq Y p N C4 S C0) O M M N N N N ~ 8 X x O `! 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NC4 C4 w'iw f� N f W)to.0 �xp � oC4ci (V�-��� iOintONm � � <y�.-�N � t�aQ44 N.-N.-v, towin $ N co OOOO N 0N�� Z C4 CM crfCE as O N C4 V C4 cn a� (D w co co ap ss g Al �19O0��01�fxN N—NON VP)l 1".* 0fafofo 0������ -2N� NN �Cq'* M.W m<OODto 0 CRY OF LA QUANTA CRY CRY RDA RDA FA BALANCE SHEET 10/31/03 FIXED LONGTERM FOXED LONG TERM FINANCING LONGTERM GRAND CRY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (14.941,216.01) 0.00 0.00 40,878,391.88 0.00 0.00 (923.03) 0.00 25,938,252.84 LQRP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 537,000.00 0.00 0.00 0.00 0.00 537,000.00 INVESTMENT T-BILL/NOTES 3 OTHER 80,500,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 80,500,000.00 AUTO MALL CASH LORP CASH 0.00 0.00 0.00 0.00 0.00 15.652.64 0.00 0.00 0.00 0.00 0.00 15,69.84 BOND REDEMPTION CASH 0.00 0.00 0.00 107,714.86 0.00 0.00 5.83 0.00 107,720.69 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOLD PROJECT CASH 0.00 0.00 0.00 30,381.825.68 0.00 0.00 0.00 0.00 39.301,825.68 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1000 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 CASH NL INVESTMENT TOTAL 45.559.M 99 0.00 0.00 80.920.585.26 0.00 0.00 (917.20) 0.00 126.479,452.05 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 40,665.30 0.00 0.00 60,900.00 0.00 0.00 0.00 0.00 101,555.30 PREMIUMIDISCOUNT ON INVESTMENT 56.807.31 0.00 0.00 (50,610.97) 0.00 0.00 0.00 0.00 6,188.34 LOW -ACCOUNTS RECEIVABLE 0.00 0.00 0.00 72,67t.34 0.00 0.00 0.00 0.00 72.677.34 INTEREST RECEIVABLE 32,829.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32.829.89 LOANN40TES RECEIVABLE 0.00 0.00 0.00 12,613,564.62 0.00 0.00 0.00 0.00 12.613.584.62 DUE FROM OTHER AGENCIES 2,490.000.55 0.00 2.498,000.55 DUE FROM OTHER AGENCIES - CVAG 2,299,096.69 0.00 0.00 0.00 0.00 0.00 0.00 2298,096.89 CVAG ALLOWANCE (2,299,096.89) (2,299,096.89) DUE FROM OTHER GOVERNMENTS 30,S00.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30.800.37 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE FROM RDA 15,597.550.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,597.550.20 INTEREST ACYVANCE47UE FROM RDA 6,125,428.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,125,428.52 ADVANCES TO OTHER FUNDS (126,374.00) 1 S,238,815.79 5.112.441.79 NSF CHECKS RECEIVABLE %770.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,770.80 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FOXED ASSETS 0.00 306249,652.60 306.249,652.60 ACCUMULATED DEPRECIATION 929.209.62 0.00 929,209.62 TRAVEL ADVANCES 2.525.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,525.00 EMPLOYEE ADVANCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PREPAID EXPENSES 17 515 36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17,515.36 RECEIVABLE TOTAL 25,206.608.52 305,249.652.80 0.00 17,935,338.78 0.00 0.00 0.00 0.00 349,391.599.90 WORKER COMPENSATION DEPOSIT 234,177.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 234.177.00 RENT DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UTILITY DEPOSITS 75.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 MISC, DEPOSITS 990.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 998.21 DEPOSITS TOTAL 235,25021 0.00 0.00 0.00 0.00 0.00 0.00 0.00 235,25021 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 52.094,306.00 0.00 0.00 0.00. 52.094,306.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 AVAILABLE TO RETIRE LIT DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .AMOUNT AMOUNT TO BE PROVIDED FOR LIT DEBT 0.00 0.00 1.625.20.98 0.00 0.00 158.480,254.00 0.00 7,190,000.00 167,275,513.96 TOTAL OTHER ASSETS 0.00 0.00 1625,259 96 0.00 52 094 306.00 158 460,264.00 0.00 7,190,000.00 219,369,819.96 TOTAL ASSETS 71001,642.72 306249,652.80 1.625.259.96 98,855,924.04 52,094,306.00 158.460254.00 217201 7.190.000.00 095.476.122.12 LIABILITIES: ACCOUNTS PAYABLE 14,329.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,329.44 DUE TO OTHER AGENCIES 10,629.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,629.06 DIE TO OTHER FUNDS 0.00 0.00 0.00 3,239,445.14 0.00 0.00 0.00 0.00 3239.445.14 INTEREST ADVANCE4)UE TO CITY 5238,813.79 0.00 0.00 18,357.163.00 0.00 0.00 0.00 0.00 23,595.976.79 ACCRUED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 PAYROLL LIABILITIES 54,905.92 0.00 0.00 0.00 0.00 0.00 0.00 0.00 54,905.92 STRONG MOTION INSTRUMENTS 2,277.09 0.00 0.00 0.00 O.00R 0.00 0.00 0.00 2,277.09 FRINGE TOED LIZARD FEES 105,826.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 105.828.00 SUSPENSE 77.18523 0.00 0.00 0.00 0.00 0.00 0.00 0.00 77,16623 DUE TO THE CITY OF LA QUANTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 f PAYABLES TOTAL 5,503.968.53 0.00 0.00 21,596,608.14 0.00 0.00 0.00 0.00 27.100,576.67 i ENGINEERING TRUST DEPOSITS 1.400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,400.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORD DEPOSITS 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18.664.00 DEVELOPER DEPOSITS 1265,906.57 0.00 0.00 2,835.00 0.00 0.00 0.00 0.00 1268,741.57 MISC. DEPOSITS 442.414.82 0.00 0.00 ?.5.000.00 0.00 0.00 0.00 0.00 467,414.82 AGENCY FUND DEPOSITS 1,197,645.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,197,645.04 TOTAL DEPOSITS 2.907.386.43 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 2.953,05.43 DEFERRED REVENUE 2,496,060.55 0.00 0 00 10 495 978.56 0.00 0.00 0.00 0.00 12.992,059.11 OTHER LIABILITIES TOTAL 2,490,090.56 0.00 0.00 10,495,978.56 0.00 0.00 0.00 0.00 12,992.050.11 COMPENSATED ABSENCES PAYABLE 0.00 0.00 462.M.37 0.00 0.00 0.00 0.00 0.00 462,280.37 DEVELOPER AGREEMENT 0.00 0.00 684.688.59 0.00 0.00 0.00 0.00 0.00 684.686.59 DUE TO THE CITY OF LA QUINTA 0.00 0.00 478,311.00 0.00 0.00 0.00 0.00 0.00 478,311.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2,150,000.00 0.00 0.00 2,150,000.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 7,365,254.00 0.00 0.00 7,385,254.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 148 90,000.00 0,00 7,190,000.00 156,135,000.00 TOTAL LONG TERM DEBT 0.00 0.00 1,625,259.96 0.00 0.00 158,460.254.00 0.00 7,190,000.00 167275.513.90 TOTAL LIABILITIES 10,907,415.51 0.00 1,625.259.96 32.139,085.70 0.00 158,400,254.00 0.00 7,190,000.00 210.322.015.17 EQUITY -FUND BALANCE 80.094,22723 306,249,652.60 0.00 66.716.838.34 52.094,306.00 0.00 (91720) 0.00 485,154,106.97 TOTAL LIABILITY NA EQUITY 71001.642.74 306249.652.80 1.623259.96 96.855.924.04 52.094.306.00 158.480.254.00 (917.201 7.190.000.00 095.476.122.14 (0.02) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (0.02) CASH & INVESTMENT TOTAL 126.479.452.05 PREMIUMIADISCOUNT ON INVESTMENT 6,188.34 TOTAL 126 485 840.39 10 T *h 4 t 4 4vQ" December 16, 2003 COUNCIL/RDA MEETING DATE: Transmittal of Revenue and Expenditure Report for October 31, 2003 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the October 31, 2003 Statement of Revenue and Expenditures for the City of La Quinta. 2iRespe tfully subm ttedhn M. eFalcon r, Finance Director Approved for bmission by: Mark Weiss, Acting City Manager Attachments 1: Revenue and Expenditures Report, October 31, 2003 J� ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2003-10131/03 FUNDS BUDGET RECEIVED 96 RECEIVED General $19,492,608.00 $4,525,723.54 23.20% Library 688,400.00 3,955.95 0.60% Gas Tax Revenue 553,700.00 230,919.64 41.70% Cmaq/lstea 0.00 0.00 0.00%. Federal Assistance 165,000.00 0.00 0.00% Assessment District 2000-1 0.00 1,593.00 0.00% Slesf (Cops) Revenue 100,700.00 26.55 . 0.00% Local Law Enforcement 19,918.00 79.65 0.40% Lighting & Landscaping 854,600.00 0.00 0.00% Quimby 28,900.00 94,323.57 326.40% Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 7,115.39 45.60% Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00 472.70 0.20% LQ Public Safety Officer 2,300.00 2,026.55 88.10% Interest Allocation 0.00 159,474.91 0.00% Capital Improvement 74,065,939.05 2,273,753.48 3.10% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 327,554.59 87.00% Information Technology 227,600.00 379,830.80 166.90% Arts In Public Places 102,600.00 153,056.76 149.20% Transportation 602,300.00 1,038,169.77 172.40% Parks & Recreation 251,000.00 325,000.20 129.50% Civic Center 204,200.00 200,619.28 98.20% Library Development 112,500.00 152,093.73 135.20% Community Center 57,200.00 66,169.50 115.70% Street Facility 9,400.00 14,482.93 154.10% Park Facility 3,000.00 3,482.65 116.10% Fire Protection Facility 33,100.00 58,515.77 176.80% Library Development (County) Facility 204,100.00 716.85 0.40% La Quinta Financing Authority 690,330.00 493,882.39 71.50% RDA Project Area No.1 56,032,087.00 28,083,912.48 50.10% RDA Project Area No. 2 63,092,267.00 364,203.79 0.60% Total $218,226 030.05 $38 961 156.42 17.90% CITY of LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2003-10131103 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $22,212,335.06 $4,695,914.80 ($1,151.25) $17,517,571.51 21.1% Library 409,137.00 0.00 0.00 409,137.00 0.0% Gas Tax 758,906.00 184,566.64 0.00 574,339.36 24.3% Cmaq/lstea 595,235.00 0.00 0.00 595,235.00 0.0% Federal Assistance 157,505.00 0.00 0.00 157,505.00 0.0% Proposed Assessment District 142,507.21 0.00 0.00 142,507.21 0.0% Slesf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Violent Crime Task Force 0.00 528.05 0.00 (528.05) 0.0% Lighting & Landscaping 854,600.00 284,866.64 0.00 569,733.36 33.3% Quimby 201,583.00 115,941.16 0.00 85,641.84 57.5% Infrastructure 2,152,149.00 406,812.70 0.00 1,745,336.30 18.9% Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 231,231.00 5,603.82 0.00 225,627.18 2.40/6 Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 74,065,939.04 2,273,753.48 3,295.00 71,788,890.56 3.1% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 380,641.00 91,862.64 0.00 288,778.36 24.1% Arts In Public Places 479,793.28 15,006.48 0.00 464,786.80 3.1% Transportation 2,319,796.30 227,241.97 0.00 2,092,554.33 9.8% Parks & Recreation 618,563.85 288,428.30 0.00 330,135.55 46.6% Civic Center 531,969.14 106,582.73 0.00 425,386.41 20.0% Library Development 4,074,930.31 54,886.04 0.00 4,020,044.27 1.3% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 324,630.73 0.00 1,175,369.27 21.6% Library County DIF 400,000.00 0.00 0.00 400,000.00 0.0% Information Technology 694,781.00 200,740.12 0.00 494,040.88 28.9% La Quinta Financing Authority 558,723.58 495,334.00 0.00 63,389.58 88.7% RDA Project Area No. 1 88,795,299.91 11,052,135.77 0.00 77,743,164.14 12.4% RDA Project Area No. 2 60,644,259.85 1,168,841.97 0.00 59,475,417.88 1.9% Total . o �- A 07/01/2003-10131/03 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California. Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFER IN TOTAL GENERAL FUND REMAINING BUDGET RECEIVED BUDGET 573,300.00 6,652.07 566,647.93 808,100.00 2,641.13 805,458.87 487,300.00 159,110.98 328,189.02 4,200,000.00 1,184,735.76 3,015,264.24 4,055,300.00 360,515.22 3,694,784.78 597,600.00 116,540.51 481,059.49 10,721,600.00 1,830,195.67 8,891,404.33 180,700.00 50,757.60 129,942.40 17,500.00 4,186.00 13,314.00 412,500.00 569,246.10 (156,746.10) 90,800.00 100,667.20 (9,867.20) 69,000.00 102,032.21 (33,032.21) 37,500.00 63,854.20 (26,354.20) 49,500.00 17,208.50 32,291.50 857,500.00 907,951.81 (50,451.81) 4,950.00 649.37 4,300.63 190,998.00 75,279.64 115,718.36 401,300.00 376,759.74 24,540.26 222,400.00 129,936.28 92,463.72 584,375.00 300,285.31 284,089.69 _ 1,404,023.00 882,910.34 521,112.66 1,475,900.00 246,510.38 1,229,389.62 70,700.00 23,350.22 47,349.78 54,400.00 12,540.00 41,860.00 15,000.00 6,481.33 8,518.67 145,000.00 31,561.08 113,438.92 0.00 0.00 0.00 0.00 3,749.45 (3,749.45) 2,857,400.00 0.00 2,857,400.00 150,000.00 175,046.04 (25,046.04) 4,768,400.00 499,238.50 4,269,161.50 1,468,800.00 403,221.79 1,065,578.21 3,000.00 2,145.67 854.33 0.00 0.00 0.00 0.00 59.76 3,000.00 2,205.43 794.57 269,285.00 0.00 269,285.00 19,492,608.00 4,525,723.54 14,966,884.46 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 662,500.00 0.00 662,500.00 Interest 25,900.00 3,955.95 21,944.05 TOTAL LIBRARY 688,400.00 3,955.95 684,444.05 GAS TAX REVENUE: Section 2105 168,200.00 66,544.80 101,655.20 Section 2106 115,900.00 46,626.40 69,273.60 Section 2107 216,700.00 89,732.71 126,967.29 Section 2107.5 6,000.00 6,000.00 0.00 Traffic Congestion Relief 39,300.00 20,661.68 18,638.32 Interest 7,600.00 1,354.05 6,245.95 TOTAL GAS TAX 553,700.00 230,919.64 322,780.36 CMAQ/ISTEA CMAQ/ISTEA Grant 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL CMAQ/ISTEA 0.00 0.00 0.00 FEDERAL ASSISTANCE REVENUE: CDBG Grant 165,000.00 0.00 165,000.00 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 165,000.00 0.00 165,000.00 ASSESSMENT DISTRICT 2000-1 Interest 0.00 1,593.00 (1,593.00) Assessment Bond Proceeds 0.00 0.00 0.00 Prepayments -sewer assessments 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL ASSESSMENT DISTRICT 0.00 1,593.00 (1,593.00) SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 Interest 700.00 26.55 673.45 TOTAL SLESF (COPS) 100,700.00 26.55 100,673.45 LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 19,218.00 0.00 19,218.00 Interest 700.00 79.65 620.35 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 19,918.00 79.65 19,838.35 LIGHTING & LANDSCAPING REVENUE: Assessment 854,600.00 0.00 854,600.00 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING S LANDSCAPING 854,600.00 0.00 854,600.00 QUIMBY REVENUE: Quimby Fees 25,000.00 92,863.32 (67,863.32) Interest 3,900.00 1,460.25 2,439.75 TOTAL QUIMBY 28,900.00 94,323.57 5,4 .57 CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 0.00 0.00 0.00 Grant revenue 0.00 0.00 0.00 Asset Forfeiture 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE 0.00 0.00 0.00 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Joint Powers Ins Authority City of Indio SB300 Funding RCTC S13821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY REMAINING BUDGET RECEIVED BUDGET 0.00 0.00 15,600.00 7,115.39 8,484.61 0.00 0.00 0.00 15,600.00 7,115.39 8,484.61 0.00 0.00 0.00 0.00 0.00 0.00 21,800.00 101.00 21,699.00 77,119.00 77,119.00 139,285.00 139,285.00 2,000.00 371.70 1,628.30 240,204.00 472.70 239,731.30 2,000.00 2,000.00 0.00 300.00 26.55 273.45 2,300.00 2,026.55 273.45 0.00 159,474.91 (159,474.91) 0.00 0.00 0.00 0.00 159,474.91 (159,474.91) 2,865,619.97 129,200.78 2,736,419.19 927,462.40 0.00 927,462.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (0.26) 0.00 (0.26) 100,000.00 0.00 100,000.00 108,240.00 0.00 108,240.00 208,095.00 8,095.00 200,000.00 0.00 0.00 0.00 2,000.00 0.00 2,000.00 153,000.00 40,000.00 113,000.00 69,701,521.94 2,096,457.70 67,605,064.24 _ 74,065,939.05 2,273,753.48 71,792,185.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N. CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL PARKS & RECREATION Developer fees Interest Transfer in TOTAL CIVIC CENTER REMAINING BUDGET RECEIVED BUDGET 317,677.00 317,678.00 (1.00) 0.00 0.00 0.00 0.00 0.00 0.00 58,800.00 9,876.59 48,923.41 0.00 0.00 0.00 376,477.00 327,554.59 48,922.41 216,200.00 377,282.00 (161,082.00) 0.00 0.00 0.00 0.00 0.00 0.00 11,400.00 2,548.80 8,851.20 0.00 0.00 0.00 227,600.00 379,830.80 (152,230.80) 97,500.00 150,587.61 (53,087.61) 0.00 0.00 0.00 5,100.00 2,469.15 2,630.85 102,600.00 153,056.76 (50,456.76) 549,000.00 1,021,655.69 (472,655.69) 53,300.00 16,514.08 36,785.92 0.00 0.00 0.00 602,300.00 1,038,169.77 (435,869.77) 251,000.00 321,708.00 (70,708.00) 0.00 3,292.20 (3,292.20) 0.00 0.00 0.00 251,000.00 325,000.20 (74,000.20) 183,000.00 194,008.34 (11,008.34) 21,200.00 6,610.94 14,589.06 0.00 0.00 0.00 204,200.00 200,619.28 3,580.72 r- CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY REMAINING BUDGET RECEIVED BUDGET 112,500.00 148,589.13 (36,089.13) 0.00 3,504.60 (3,504.60) 0.00 0.00 0.00 112,500.00 152,093.73 (39,593.73) 48,500.00 64,311.00 (15,811.00) 8,700.00 1,858.50 6,841.50 57,200.00 66,169.50 (8,969.50) 7,500.00 14,058.13 (6,558.13) 1,900.00 424.80 1,475.20 9,400.00 14,482.93 (5,082.93) 2,500.00 3,376.45 (876.45) 500.00 106.20 393.80 3,000.00 3,482.65 (482.65) 32,100.00 58,303.37 (26,203.37) 1,000.00 212.40 787.60 33,100.00 58,515.77 (25,415.77 200,000.00 0.00 200,000.00 4,100.00 716.85 3,383.15 204,100.00 716.85 203,383.15 07/01/2003-10131103 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 677,100.00 213,915.63 0.00 463,184.37 CITY MANAGER'S OFFICE 778,533.00 214,790.32 4,848.75 558,893.93 ECONOMIC DEVELOPMENT 821,350.00 241,362.87 0.00 579,987.13 PERSONNELIRISK MGT 758,502.00 450,848.74 0.00 307,653.26 TOTAL GENERAL GOVERNMENT 3,035,485.00 1,120,917.56 4,848.75 1,909,718.69 FINANCE: FISCAL SERVICES 696,564.00 201,256.19 0.00 495,307.81 CENTRAL SERVICES 726,562.00 287,866.84 0.00 438,695.16 TOTAL FINANCE 1,423,126.00 489,123.03 0.00 934,002.97 CITY CLERK 469,363.00 135,261.35 0.00 334,101.65 COMMUNITY SERVICES SENIOR CENTER 328,635.00 77,891.18 0.00 250,743.82 PARKS & RECREATION ADMINISTRATION 692,146.00 178,498.28 0.00 513,647.72 PARKS & RECREATION PROGRAMS 100,048.00 35,483.20 0.00 64,564.80 TOTAL COMMUNITY SERVICES 1,120,829.00 291,872.66 0.00 828,956.34 POLICE: POLICE SERVICES 5,231,000.00 325,338.65 0.00 4,905,661.35 TOTAL POLICE 5,231,000.00 325,338.65 0.00 4,905,661.35 BUILDING 3 SAFETY: BUILDING & SAFETY - ADMIN 231,925.00 64,575.93 0.00 167,349.07 CODE COMPLIANCE 655,449.00 178,534.05 0.00 476,914.95 ANIMAL CONTROL 229,922.00 65,371.24 0.00 164,550.76 BUILDING 711,239.00 279,252.92 0.00 431,986.08 EMERGENCY SERVICES 48,945.00 24,755.09 0.00 24,189.91 FIRE 2,903,902.00 857.25 0.00 2,903,044.75 CIVIC CENTER BUILDING -OPERATIONS 1,061,265.00 686,888.04 0.00 374,376.96 TOTAL BUILDING $ SAFETY 5,842,647.00 1,300,234.52 0.00 4,542,412.48 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 422,600.54 0.00 399,551.46 CURRENT PLANNING 711,429.00 149,195.18 0.00 562,233.82 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 571,795.72 0.00 961,785.28 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 72,257.96 0.00 186,797.04 DEVELOPMENT $ TRAFFIC 990,125.00 288,517.08 0.00 701,607.92 MAINT/OPERATIONS - STREETS 2,238,952.00 373,178.44 0.00 1,865,773.56 MAINT/OPERATIONS - LTG/LANDSCAPING 1,967,542.00 491,662.92 (6,000.00) 1,481,879.08 CONSTRUCTION MANAGEMENT 570,171.00 217,630.43 352,540.57 TOTAL PUBLIC WORKS 6,025,845.00 1,443,246.83 (6,000.00) 4,588,598.17 TRANSFERS OUT 1,327,715.60 51,141.94 0.00 1,276,573.66 GENERAL FUND REIMBURSEMENTS (3,797,256.54) (1,033,017.46) 0.00 (2,764,239.08) NET GENERAL FUND EXPENDITURES 22,212,335.06 4,695,914.80 (1,151.25) 17,517,571.51 GJ 0 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND PROJECT EXPENDITURES TRANSFER OUT GAS TAX REIMBURSE GENERAL FUND TRANSFER OUT QUIMBY FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT CMAQHSTEA TRANSFER OUT VILLAGE PARKING TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS LLEBG FUND TRANSFER OUT 07/01/2003-10131103 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0.00 0.00 0.00 409,137.00 0.00 0.00 409,137.00 TOTAL LIBRARY FUND 409,137.00 553,700.00 184,566.64 0.00 369,133.36 205,206.00 0.00 0.00 205,206.00 TOTAL GAS TAX FUND , TOTAL QUIMBY FUND 201,583.Q0 115,941.16 0.00 85,641.84 TOTAL FEDERAL ASSISTANCE FUND 157,505.00 0.00 0.00 157,505.00 14,827.00 5,603.82 0.00 9,223.18 216,404.00 0.00 0.00 216,404.00 TOTAL SOUTH COAST AIR QUALITY , TOTAL CMAQIISTEA FUND 595,235.00 0.00 0.00 595,235.00 TOTAL VILLAGE PARKING FUND (1,892.85) 0.00 0.00 (1,892.85) TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 0.00 528.05 0.00 (528.05) TOTAL VIOLENT CRIME TASK FORCE SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,000.00 0.00 0.00 100,000.00 LIGHTING 3 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 284,866.64 0.00 569,733.36 TRANSFER OUT 0.00 0.00 0.00 TOTAL LTGMNDSCAPING FUND569,733.36 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 2,152,149.00 406,812.70 0.00 1,745,336.30 TOTAL INFRASTRUCTURE , ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.21 0.00 0.00 142,507.21 TOTAL AD 2000.1 142,507.21 C` 10 CITY OF LA QUINTA 07/01/2003-10/3l/03 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 63,050.06 63,050.06 0.00 0.00 TRANSFER OUT 2,256,746.24 164,191.91 0.00 2,092,554.33 TOTAL TRANSPORTATION , PARKS & RECREATION INTEREST ON ADVANCE 0.00 20,256.00 0.00 (20,256.00) TRANSFER OUT 618,563.85 268,172.30 0.00 350,391.55 TOTAL PARKS 3 RECREATION , CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,251.00 68,083.64 0.00 136,167.36 TRANSFER OUT 327,718.14 38,499.09 0.00 289,219.05 TOTAL CIVIC CENTER , LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 4,074,930.31 54,886.04 0.00 4,020,044.27 TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 1,500,000.00 324,630.73 0.00 1,175,369.27 TOTAL FIRE PROTECTION DIF , LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 400,000.00 0.00 0.00 400,000.00 TOTAL LIBRARY COUNTY DIF , CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 73,295,533.50 2,249,742.97 3,295.00 71,042,495.53 PROJECT REIMBURSEMENTS TO GEN FUND 770,405.54 24,010.51 0.00 746,395.03 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT , ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 325,240.00 0.00 0.00 325,240.00 TRANSFER OUT 149,253.28 15,006.48 0.00 - 134,246.80 TOTAL ART IN PUBLIC PLACES , LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LQ NORTE (97-1) CIP FUND URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 11 CITY OF LA QUINTA OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET VILLAGE PARKING TRANSFER OUT (11892.85) 0.00 0.00 (1,892.85) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 694,781.00 200,740.12 0.00 494,040.88 TOTAL INFORMATION TECHNOLOGY FUND 694,781.00 200,740.12 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,641.00 91,862.64 0.00 288,778.36 TOTAL EQUIPMENT REPLACEMENT FUND 63 12 T 0 4,1f 4 .�Qulafw COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Adoption of a Resolution Accepting Passes to the 2003 Skins Game Golf Tournament at Trilogy at La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION. CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting passes to the 2003 Skins Game golf tournament at Trilogy at La Quinta. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 21, 2003, the City of La Quinta received Skins Game passes from Trilogy at La Quinta, the host golf course of this year's Skins Game golf tournament. Since the tournament took place November 28-30, 2003, there was no opportunity for the City Council to accept the passes by Resolution prior to the event. The passes were distributed consistent with past City practice. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting passes to the 2003 Skins Game golf tournament at Trilogy at La Quinta; or 2. Do not adopt a Resolution of the City Council accepting passes to the 2003 Skins Game golf tournament at Trilogy at La Quinta; or 64 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Acting City Manager EJ RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING PASSES TO THE 2003 SKINS GAME AT TRILOGY AT LA QUINTA WHEREAS, on November 21, 2003, the City of La Quinta received 2003 Skins Game golf tournament passes from Trilogy at La Quinta; and WHEREAS, the 2003 Skins Game took place November 28 through 30, 2003 at the Trilogy at La Quinta golf course; and WHEREAS, the City accepted the golf tournament passes and distributed same to interested City Council Members and City employees under the direction of the Acting City Manager; and WHEREAS, it is in the best interest of the City to accept the golf tournament passes and ratify the Acting City Manager's distribution of said passes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the golf tournament passes. 2. The Acting City Manager's distribution of said golf tournament passes is hereby ratified. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of December, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 3 6G Resolution No. 2003- 2003 Skins Game Passes Adopted: December 16, 2003 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Adoption of a Resolution Accepting a Cash Donation from the Friends of the La Quinta Library for the City of La Quinta Library Building RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S STUDY SESSION: . PUBLIC HEARING: Adopt a Resolution of the City Council accepting a cash donation from the La Quinta Friends of the Library for the City of La Quinta Library building. FISCAL IMPLICATIONS: The cash donation, which is in the amount of $53,000, will be deposited in the City of La Quinta Library Fund (Account #102-000-300-290). A new revenue account will be established for this contribution in the near future (Account #102-000-484-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Staff is in receipt of correspondence, dated December 1, 2003, from the La Quinta Friends of the Library ("Friends") regarding a donation for the new City of La Quinta Library building (Attachment 1). As the cover letter indicates, on October 22, 2003, the Board of Directors of the Friends approved a motion to donate $53,000 to the City for the new library building. Specifically, the Friends would like the donated funds to be used for the Children's Department. In addition to the cover letter, a certification form was also submitted which has been signed by the President of the Friends and certifies that no portion of the donated funds have been obtained through book sales. The Friends group is scheduled to make a presentation to the City Council during this meeting of December 16, 2003. Staff is informed that several members of the Friends will be in attendance to participate in and/or witness the presentation. 63 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a cash donation from the Friends of the La Quinta Library for the City of La Quinta Library building; or 2. Do not adopt a Resolution of the City Council accepting a cash donation from the Friends of the La Quinta Library for the City of La Quinta Library building; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Acting City Manager Attachment: 1. Correspondence from the Friends of the La Quinta Library RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM THE FRIENDS OF THE LA QUINTA LIBRARY FOR THE CITY OF LA QUINTA LIBRARY BUILDING WHEREAS, on October 22, 2003, the Board of Directors of the Friends of the La Quinta Library approved a motion to make a $53,000 cash donation to the City of La Quinta for the new City of La Quinta Library building; and WHEREAS, the Friends of the La Quinta Library indicate these donated funds are to be used for the Children's Department of the new City of La Quinta Library building; and WHEREAS, the President of the Friends of the La Quinta Library certifies that no portion of the donation amount of $53,000 was obtained through book sales; and WHEREAS, it is in the best interest of the City to accept this generous donation and to direct the City Manager to control expenditure of the donation for the Children's Department of the new City of La Quinta Library building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donation of $53,000. 2. The City Manager is hereby directed to control expenditure of said donation for the Children's Department of the new City of La Quinta Library building. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of December, 2003, by the following vote to wit: 70 3 Resolution No. 2003- Friends of the Library Donation Adopted: December 16, 2003 Page 2 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California i 4 Attachment 1 wirr wr JW FRIENDS OF THE LA QUINTA LIBRARY 78-080 Calle Estado La Quinta, California 92253 760-564-4767 December 1, 2003 City Manager's Office City of La Quinta La Quinta, California 92253 Dear City Manager: On October 22, 2003 the Board of the Friends of the La Quinta Library was called to order. MOTION: It was moved by board member, Diane Adolph, that 73% of the funds ($53,000.00) be contributed to the City's new library, (designated for the Children's Department) and that the remaining 27% (26,257.56) be kept in reserve for use by the Friends of the Library. The motion was second by board member, Diane Gunn. The motion was carried unanimously. Respectfully submitted, �9�j, a� U-) cj� ,; I Lucy A. c owan, Certified in Volunteer Administration President, Friends of the La Quinta Library 5 CERTIFICATION REGARDING SOURCE OF DONATION I, Lucy A. McGowan, the President of the Friends of the La Quinta Library ("La Quinta. Friends"), do hereby certify as follows: The La Quinta Friends wish to make a donation in the amount of $ 60c)• to the City of La Quinta ("City") for the City's new library building. On behalf of the La Quinta Friends, I certify that no portion of the funds to be donated were obtained through book sales. The Board of the La Quinta Friends has duly authorized this donation. Executed on the day of6�ztJ--� , 2003, at La Quinta, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Lucy A. cGowan, President Friends of the La Quinta Library ry� 119/015610-0002 6 410891.01 a10/23/03 T4'yl 4 aCP COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Approval to Award a Contract to Construct the Adams Street at Westward Ho Drive Traffic Signal Improvement Project No. 2002-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract in the amount of $123,936.00 to DBX Inc. to construct the Adams Street at Westward Ho Drive Traffic Signal Improvement Project No. 2002- 06. FISCAL IMPLICATIONS: This project is included within the Fiscal Year 2002/2003 Capital Improvement Program (CIP). The following represents the approved budget: Funding Source City Infrastructure Funds Less Prior Expenditures: Amount Available: Amount $175,000 ($15,652) $15 9, 348 Based upon the low bid in the amount of $123,936, the following represents the anticipated project budget: Activity Construction Inspection/Testing/Survey City Administration Contingency TOTAL As illustrated, adequate funding is available. CHARTER CITY IMPLICATIONS: None. Budget $123,936 $ 13,563 $ 8,750 $ 13,099 $15 9, 348 S:\CityMgr\STAFF REPORTS ONLY\12-16-03\C 3.doc BACKGROUND AND OVERVIEW: City Council approved the Fiscal Year 2002/2003 CIP on July 16, 2002. This year's CIP includes installing a new traffic signal at the intersection of Adams Street and Westward Ho Drive. The proposed traffic signal improvements are immediately adjacent to the La Quinta Park. On October 21, 2003, City Council approved the PS&E and authorized staff to advertise the bid of Project No. 2002-06 Adams Street at Westward Ho Drive Traffic Signal Improvement with an Engineer's Estimate of $104,700. On November 19, 2003, one sealed bid was received for the construction of this project. DBX, Inc., of Temecula CA, presented the only responsive bid in the amount of $123,936. A detailed bid comparison summary is provided as Attachment 1. The following represents how the project is expected to proceed: City Council Construction Award Construction Period (90 days) Project Acceptance FINDINGS AND ALTERNATIVES: December 16, 2003 January through March 2004 April 2004 The alternatives available to the City Council include: �. Award a contract in the amount of $123,936 to DBX Inc. to construct the Adams Street at Westward Ho Drive Traffic Signal Improvement Project No. 2002-06; or 2. Do not award a contract in the amount of $123,936 to DBX Inc. to construct the Adams Street at Westward Ho Drive Traffic Signal Improvement Project No. 2002-06; or 3. Provide staff with alternative direction. Respectfully submitted, Jimothy onass , P.E. Public Works Director/City Engineer T:\PWDEPT\COUNCIL\2003\12-16-03\C 3.doc 2 { Approved for submission by: , Mark Weiss, Acting City Manager Attachments: 1. Bid Comparison Summary r' S:\CityMgr\STAFF REPORTS ONLY\12-16-03\C 3.doc 3 ATTACHMENT 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N OO O O �fi �0 00 d� �o M N %%0 M 69 O rt' w O w - et fill, �o ,'1 110 69 11" 64 10 M O el O 00 O �o all M �y 64 64 •-- 69 64 69 69 -- 64 b9 N - 69 69 69 69 69 64 N 69 69 N 69 69 T.-O O O O O O O O O O O O O O O O O o O o O O i O O O 0 O O 0 o C o C O o 6 0 0 in 0 0 0 0 r-+ c O �6 0 p 0 N 0 00 0 O 0 O 0 00 0 r-+ 0 W 0 O� 0 a� 0 I, 0 N 69 0 O 0 �o 0 O (= M 'I" 64 69 O O O O .-i 69 [� �p 69 6s 69 69 6� 6s .� 00 69 N 69 vs M c l 00 % 64 69 69 69 69 GS 69 69 Nfps 69 0-0 C4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H O O C O C C C O C O C O C C O O C O C C O C 0 0 0 O y O W) O 00 N O w O Wn O O O O O to M O O v) N O vn �o B W M W M � M .-i M 00 \G M- r- .-� "- V) Go 6A 64 69 69 69 6R 69 69 64 69 64 6A 64 69 6q 69 69 fA 69 - 69 O 6— W 4) D O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 b V O O O O O O 50 O O O O O O O O O O O O O O O o O O O O N O O wi r-+ G NW� o o 0 C 0 o O 0 O E.., p p o N O o O N M 69 69 N tn N O to O N e, W M .--i 64 69 69 6R �,, ^, N .--� 69 69 69 .-i \s d' H 69 6f3 69 6R 69 69 69 69 69 69 69 69 bR 69 —O ON d w-4 .-+ w-i -4 � H Ucon cond d d d d d d d d d d d d d d dcn d d p 0 0 3 a a o a U N A � ° rh c ,0 3 � � � •� H cn c °' N o U c 3 °U COO �3 b 00 00 o a x a� � o A,� m. 6 b U U '� N� b N N a,O A O O O O � �i' r� b. �".,+' rc o G N y -d-o- N - Z O b a'' U U 'd b ►ter N o E�EiE-�E-�aa w �� a>wWaaen ..>� o o- v�UE-+Uvs o Z r-r N enF-100 N en 'IT to �o [- 00 G1 O r-+ N en � 0-4 K � f t' lei[n.auTM OF 9w COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 24890-6, Citrus, Brookfield Homes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: r7 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 24890-6, Citrus, Brookfield Homes, and authorize staff to release performance securities immediately, as warranty securities have been received. FISCAL IMPLICATIONS: None. Since no public improvements were included with Tract No. 24890-6, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 24890-6 is located within the Citrus Country Club, north of Avenue 52, south of Avenue 501 and west of Jefferson Street (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating the performance securities to be released immediately after City Council approval, as the warranty securities have been received. "18 S:\CityMgr\STAFF REPORTS ONLY\12-16-03\C 4.doc 0 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 24890-6, Citrus, Brookfield Homes, and authorize staff to release performance securities immediately as warranty securities have been received; or 2. Do not accept improvements to Tract No. 24890-6, Citrus, Brookfield Homes, and authorize staff to release performance securities immediately as warranty securities have been received; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. nas , P.E. ublic Works Dire or/City Engineer Approved for submission by: LJ' Mark Weiss, Acting City Manager Attachments: 1. Vicinity Map 2. Table of Values 2 "7 ATTACHMENT 1 �z W m 0 0 U'a co 0 z Q AVENUE 50 In m srrE a 0 Q ctn�wo s�av AVENUE 52 So 3 ATTACHMENT 2 Table of Values Tract No. 24890-6 The Citrus Brookfield Homes Performance Sec urit - Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security On -Site Street & Storm Drain Improvements $182,810 �$65,962 $182,810 80% $36,562 _ yµ$13,192 Water $65,962 * 80% Sewer _ $53,2218 $53,22.8 *.. _._ . 80% ....__.. _. _ $10,646 Monumentation $0 $9,850 100% Total 1 $302,000 $311,850 $60,400 *Based upon a previous 50% reduction of securities an 80% reduction of the remaining securities represents a 90% reduction of the overall original amounts. Staff recommends the release of Performance securities immediately as warranty securities have been received. Release labor and materials securities 90 days from the date of acceptance (March 15, 2004). Release warranty securities one year from the date of acceptance (December 19, 2004). 4 8i TAPWDEPT\COTJNM\2003\12-16-03\C 4 Att2.doc 4 a Cr" Qaw rCV AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 16, 2003 BUSINESS SESSION: ITEM TITLE: CONSENT CALENDAR: S Adoption of Facility Use Policies STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt the Facility Use Policies as presented. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the August 19, 2003 City Council meeting, the City Council approved the Facility Use Policies and directed staff to provide a concise and easily understood fee chart for public use. Staff has modified the fee chart as to the wording and categories. Fee amounts have not changed from the Policies adopted by the City Council on August 19, 2003. The language in the Facility Use Policies has also been modified to be easier to read and comprehend. There are two changes in the Facility Use Policies in relation to the time frame in which staff can accept applications. $4 In Section A (1), the time frame is proposed to be reduced from thirty (30) working days to fifteen (15) working days in which a person can reserve a facility. Many of the park rental requests for private birthday parties and bounce houses come in three weeks prior to the party. The thirty working day requirement discourages many park rentals, as that time frame requires reservations to be made six weeks in advance. By shortening the time frame, more requests for facilities could be accommodated. Section A (3) states that reservations will not be accepted for events more than six months in advance. The Community Services Department receives numerous requests for facilities for weddings up to twelve months in advance. By lengthening this time frame, additional reservations could be accepted. Attachment 1 provides a redline version of the current facility use policies, as adopted by the City Council on August 19, while Attachment 2 provides the proposed final version of the Facility Use Policies. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the Facility Use Policies; or 2. Do not adopt the Facility Use Policies; or 3. Provide staff with alternative direction. actfull submitted, Dodie Horvit , CoNnmunity Services Director Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Redline Version of Current Facility Use Policies and Fees 2. Proposed Facility Use Policies and Fees 2 83 ATTACHMENT 1 Facility Use Policies A. APPLICATION FOR FACILITY USE 1. The Facility Use Application shall be made in writing on the form provided by the City of La Quinta at least thiFty-(30} oWn"working days prior to use. All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in a loss of 50% of rental fee is the City is notified between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in loss of 100% of FeRtal am feel. Reservations will be confirmed upon payment of all feesSIMEN MW Oand copy of signed Facility Use Application. V 2. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department, except events using the Senior Center only. 3. Applications will not be accepted more than e+'� ` ``i months in advance of use, except for contiguous multi -day rentals. 4. All Facility Use Applications are subject to approval by the Community Services Directorld� "• 5. Approved use is non-tranferrable. The person signing the Facility Use Permit is responsible for the conduct of all participants and fully responsible for any damage caused by use. 7. The person signing the Facility Use Permit must be 21 or older. 8. Reserved times must include set up and clean up time. 9. All laws and City ordinances must be followed. 10. The City of La Quinta reserves the right to full access to all 84 o y g - 3 activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. 11. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. ':3Grj 12. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. 13. No animals except those used for disability assistance allowed in any City facility. 14. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, with a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with the group at all times. B. PRIVATE PARTIES The following will apply for use of City facilities for private parties with inflatable amenities: a- Private parties 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the Gemmw 44" Park. 3. Rental of inflatable amenities is limited to companies on the approved list by the City of La Quinta. 4. All walkways and areas not specifically designated by the City of La Quinta as being included in the reserved areas will be open and available to the general public. 5. Use of the Civic Center Amphitheater and/or Gazebo requires rental of the La Quinta Senior Center for the same period, 4 may be limited to restroom use only. C. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permits (current or prior permit). 2. Applicant's violation of the City's rules and regulations relating to the use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. D. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are CCr'I IQITV /r`1 C A EAN AI 1 U - ID E. DEPOSIT$ The GeeWityQeaning. Deposit] is ,a h due with the Facility Use Application. The Deposits will be refunded within five (5) working days after the event, except under the following conditions: 1. Upon arrival, renter will complete a walk-through with staff. Any damage or uncleanliness must be brought to staff's attention at this time. At the conclusion of the event, staff will walk through the facility with renter and document any damage or uncleanliness. The security deposit will be released upon written report by staff to City administration. 2. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of 8 v invoice. 3. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. Damage caused by this action will be deducted from the deposit. F. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities kiyelying. aH kiflatable amenity must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined sin4le limits. M. ,... 3..f G. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper< in proper receptacles and deposit trash in nearby dumpster area &rt .., a.60WAINISS ���5 ?, a. ,..R?.5. 1 . Mop up any liquid spilled on floor. 2. Leave kitchen or concession stand and all equipment in a clean, �x x � sanitary and < �,<� ' condition. 3. Remove any decorations (deposit in proper trash receptacle or �1y remove from premises). 4. All groups are responsible for setting -up and taking -down chairs and tables, and f- f clean up of facility and the immediate area. 5. Equipment from City facilities is not allowed to be taken outdoors. H. FOOD OR BEVERAGE No food or beverage may be sold or served at any event unless specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. I. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. Use of the Senior Center is limited to 1 1:00 p.m. J. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department). Q a Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California;,: " Pi:�ry �...:v.`.fyn::Cire,• .,,�,vV7 F8 9:C: i 4. Certificate or proof of insurance naming the City of La Quinta as additionally insured. 5. Events with alcohol must pay for the mandatory cleaning service after the event. This does not relieve the renter of leaving the facility clean so that the cleaning service may clean the floors. K. DECORATIONS The following requirements shall be met: 88 1. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. 3. Glitter, birdseed, rice or other like items are not allowed. 4. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. 5. No open flame, barbecues or other cooking devices will be permitted in the facilities unless otherwise provided by the City. L. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. M. SMOKING Smoking is not permitted in any City building. O. ALCOHOL AND/OR LIVE ENTERTAINMENT 1. Security guard service is required for events with live entertainment and/or alcohol being served. For groups of 100 or less, one (1) guard is required. For groups of 101 or more, two (2) guards are required. 2. Teen parties are required to have (2) guards for groups of 100 or less, and four (4) guards for groups of 101 or more. 3. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. 4. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit will be forfeited. 6. Alcohol is limited to beer, wine and champagne only. 7. Parties refusing to adhere to the alcohol policy will be shut down after one (1) verbal warning. 89 f ATTACHMENT 2 Facility Use Policies A. APPLICATION FOR FACILITY USE 1. The Facility Use Application shall be made in writing on the form provided by the City of La Quinta and all applicable fees paid at least fifteen (15) working days prior to use. All fees and deposits are considered due at the time the application is submitted. Cancellation of reservations will result in a loss of 50% of rental fee is the City is notified between 15-30 calendar days of reservation. Cancellation of reservations less than 15 calendar days of reservation will result in loss of 100% of deposit fees. Reservations will be confirmed upon payment of all fees and deposits and copy of signed Facility Use Application. 2. Events in which fifty (50) people or more will be in attendance must also apply for a Temporary Use permit through the Community Development Department, except events using the Senior Center only. 3. Applications will not be accepted more than twelve (12) months in advance of use, except for contiguous multi -day rentals. 4. All Facility Use Applications are subject to approval by the Community Services Director or designee. 5. Approved use is non-tranferrable. The person signing the Facility Use Permit is responsible for the conduct of all participants and fully responsible for any damage caused by use. 7. The person signing the Facility Use Permit must be 21 or older. 8. Reserved times must include set up and clean up time. 9. All laws and City ordinances must be followed. 10. The City of La Quinta reserves the right to full access to all activities at any time in order to ensure that all rules, regulations, and laws are being observed, and if necessary may terminate an activity for the safety and welfare of City property. 190 9 1 1. Renters refusing to adhere to policies will be forced to leave the premise after one (1) verbal warning issued by staff to the signer of the Facility Use Permit. The signer of the Facility Use Permit must be on the premises during the hours of the event. 12. The City of La Quinta assumes no liability for any injury, damage, theft or loss of property belonging to others, before, during or after usage. 13. No animals except those used for disability assistance allowed in any City facility. 14. All teenage groups must be accompanied by responsible adult chaperones including the signer of the Facility Use Permit, with a ratio of two (2) adults for the first twenty (20) juveniles and one (1) adult for each group of twenty (20) juveniles or part thereof. Chaperones must stay with the group at all times. B. PRIVATE PARTIES The following will apply for use of City facilities for private parties and private parties with inflatable amenities: 1. Private parties may rent facilities in four hour increments. 2. Facilities available for private parties with inflatable amenities are limited to Fritz Burns Park and the La Quinta Park. 3. Rental of inflatable amenities is limited to companies on the approved list by the City of La Quinta. 4. All walkways and areas not specifically designated by the City of La Quinta as being included in the reserved areas will be open and available to the general public. 5. Use of the Civic Center Amphitheater and/or Gazebo requires rental of the La Quinta Senior Center for the same period, rental may be limited to restroom use only. C. REASONS FOR DENYING APPLICATION The Community Services Director may deny an application for the following reasons: 1. Applicant's violation of the conditions of Facility Use permits (current or prior permit). 2. Applicant's violation of the City's rules and regulations relating to the use of facilities. 3. Failure to cooperate with City staff. 4. Previous incidents where Facility Use resulted in damage to City property. 5. The use proposed is not consistent with the recreational, civic, assembly or other purposes for which the particular facility has been approved. D. RENTAL RATE CLASSIFICATIONS Rental rates of the City Parks and Recreation facilities are classified as Class I -IV along with the Fee Schedule for each classification. The City of La Quinta has first priority to facilities, second priority is given to La Quinta residents. All other requests will follow in priority of use per the Fee Schedule. E. DEPOSITS Deposits are due with the Facility Use Application. Deposits will be refunded within five (5) working days after the event, except under the following conditions: 1. Upon arrival, renter will complete a walk-through with staff. Any damage or uncleanliness must be brought to staff's attention at this time. At the conclusion of the event, staff will walk through the facility with renter and document any damage or uncleanliness. The security deposit will be released upon written report by staff to City administration. 2. Damage to the facility while premises are under responsibility of user. Cost of repairs as determined by the Community Services Director will be retained by the City and deducted from the deposit. If cost of damages exceeds amount available from deposit, user shall remit balance of cost to City upon receipt of invoice. 3. Vehicles are not allowed to be driven on areas that are not specifically designated for vehicular traffic. Damage caused by this action will be deducted from the deposit. F. LIABILITY All persons receiving a Facility Use Permit must agree in writing to hold the City of La Quinta harmless and indemnify City of La Quinta from �� any and all liability for injury to persons or property occurring as the result of the activity sponsored by the permittee, and said person shall be liable to the City of La Quinta for any and all damages to parks, equipment, and buildings owned or controlled by City which result from the activity of the permittee or is caused by any participant in said activity. A person exercising any of the privileges authorized by this policy does so at his/her own risk without liability on the part of the City of La Quinta for any injury to persons or property resulting therefrom. All activities must provide the City of La Quinta with a Certificate of Insurance naming the City of La Quinta as additionally insured. Policy limit is $1,000,000 minimum of combined single limits. Insured's name must be the same as the renting party on the Facility Use Application. Event insurance can be purchased through the City of La Quinta in lieu of individual insurance statements. Fees for insurance must be paid at the time of Application submittal. Insurance fees vary, depending on the event purpose, length of rental, event attendance and food and alcohol issues. G. USER CLEAN-UP RESPONSIBILITY The rental user of the facility shall be responsible for the following clean up upon completion of rental use: 1. Deposit all bottles, cans, cups, cigarettes and paper in proper receptacles and deposit trash in nearby dumpster area. This includes cigarette debris from outside the facility. 1. Mop up any liquid spilled on floor. 2. Leave kitchen or concession stand and all equipment in a clean, sanitary and proper working condition. 3. Remove any decorations (deposit in proper trash receptacle or remove from premises). 4. All groups are responsible for setting -up and taking -down chairs and tables, and clean up of facility and the immediate area. 5. Equipment from City facilities is not allowed to be taken outdoors. H. FOOD OR BEVERAGE No food or beverage may be sold or served at any event unless (9 3 specified on the Facility Use permit. Barbecuing is allowed in City provided barbecues only, except in the case of a City sponsored event and approved by the City Council. I. ENDING TIME OF ALL EVENTS All events held in Parks and Recreation facilities must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. Use of the Senior Center is limited to 1 1:00 p.m. J. CLEARANCES, LICENSES AND CERTIFICATES Users may be required to secure any or all of the following clearances, licenses and/or certificates before the Facility Use Permit Application is approved. 1. Dance permit or business license (granted by the City of La Quinta Business License Division). 2. Police clearance (granted by the Riverside County Sheriff's Department) . 3. Special daily beer or liquor license (issued by the Alcoholic Beverage Control Office in San Bernardino, California) if alcohol is to be sold on the premises. 4. Certificate or proof of insurance naming the City of La Quinta as additionally insured. 5. Events with alcohol must pay for the mandatory cleaning service after the event. This does not relieve the renter of leaving the facility clean so that the cleaning service may clean the floors. K. DECORATIONS The following requirements shall be met: 1. Decorations may not be fastened to light fixtures, tables, chairs, stage or other City property. 2. Glitter, birdseed, rice or other like items are not allowed. 3. Only masking tape may be used. No scotch tape, thumb tacks, staples, etc. will be permitted. All decorations must be removed at the end of the event. 94 4. No open flame, barbecues or other cooking devices will be permitted in the facilities unless otherwise provided by the City. L. PUBLICITY Publicity for any event held at any Parks and Recreation facility may not be released until final approval of the Facility Use Application. Signage will be in accordance with Chapter 9.60.170 of the La Quinta Municipal Code. M. SMOKING Smoking is not permitted in any City building. 0. ALCOHOL AND/OR LIVE ENTERTAINMENT 1. Security guard service is required for events with live entertainment and/or alcohol being served. For groups of 100 or less, one (1) guard is required. For groups of 101 or more, two (2) guards are required. 2. Teen parties are required to have (2) guards for groups of 100 or less, and four (4) guards for groups of 101 or more. 3. Guard service will be arranged for by the Community Services Department once the fees have been paid by the renting party. 4. All permits must be presented to the Community Services Department two weeks prior to the event, or deposit will be forfeited. 5. Alcohol is limited to beer, wine and champagne only. 6. Parties refusing to adhere to the alcohol policy will be shut down after one (1) verbal warning. 7. Parties serving alcohol must pay to have the facility professionally cleaned after the event. Fees will be paid at the time of application. CITY OF LA QUINTA FACILITY USE FEE SCHEDULE CLASSIFICATION OF GROUPS Class I: La Quinta youth (18 and under), 501(c)3 recreation organizations Class II: La Quinta non-profit organizations and community -based organizations, Desert Sands Unified School District (DSUSD Sports Complex Use Only) Class III: La Quinta residents and DSUSD (for all other facilities) Class IV: La Quinta business and profit organizations, non city residents, organizations, and businesses. TEM CLASS I CLASS II CLASS III CLASS IV Civic Center Campus, Amphitheater, Gazebo, Cove Oasis Trailhead $50 per hour $75 per hour $100 per hour $150 per hour Senior Center Multipurpose Room $55 per hour $75 per hour $90 per hour $100 per hour Senior Center Kitchen $10 per hour $20 per hour $25 per hour $30 per hour Senior Center Restroom Use Only $20 per hour $25 per hour $30 per hour $30 per hour Senior Center Cleaning Mandatory for parties serving alcohol $150 $150 $150 $150 Senior Center Set Up/Cleaning Fee $90/150 $90/150 $90/150 $90/150 * *Insurance Coverage (rental events var ) $75- $125 per day $75- $125 per day $75- $125 per day $75- $125 per day Tennis Court N/C $ 5.00 hr $ 5.00 hr $ 10.00 hr Fritz Burns or La Quinta Park Party/Inflatable Amenities $50 (4 hours) $50 (4 hours) $50 (4 hours) $50 (4 hours) *Baseball Diamond N/C $ 5.00 hr $ 15.00 hr $ 25.00 hr *Soccer Field N/C $ 5.00 hr $ 20.00 hr $ 30.00 hr Snack Bar N/C $ 10.00 hr $ 15.00 hr $ 20.00 hr *Field Lights N/C $ 15.00 hr $ 20.00 hr $ 25.00 hr Announcing System $ 5.00 flat $ 10.00 flat $ 15.00 flat $ 20.00 flat Diamond Preparation $ 24.00 hr $ 24.00 hr $ 30.00 hr $ 30.00 hr Bases $10 per day $10 per day $20 per day $40 per day *Per field * * Rental parties can use personal insurance agencies for coverage naming the City of La Quinta as insured. Deposits (refundable upon post conditions of use) Item Class I Class II Class III Class IV Civic Center Campus, Amphitheater, Gazebo, Cove Oasis Trailhead $100 $100 $100 $100 Senior Center $300 $300 $300 $300 Park Party Rentals $50 per 4 hrs. $50 per 4 hrs. $50 per 4 hrs. $50 per 4 hrs. Sports Field Deposit $ 500 $ 500 $ 500 $ 500 Snack Bar Deposit $350 $350 $500 $500 Restroom Keys $100 $100 $100 $100 Base Use Deposit $150 $150 $150 $150 96 GAWINWORD\Fees.NEW..doc r J COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Adoption of a Resolution of the City Council Supporting the Desert Community College District's Bond Campaign and Bond Measure Scheduled for the March 2, 2004 Consolidated Election RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council supporting the Desert Community College District's bond campaign and bond measure scheduled for the March 2, 2004 consolidated election. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta is a part of the College of the Desert ("COD") Assessment District. Dr. Rick Post of COD spoke briefly at the December 2, 2003 Council meeting and asked for the City's endorsement and support of the upcoming bond campaign. COD believes the bond measure is necessary because there are not enough state funds to pay for the necessary refurbishing and infrastructure upgrades. Since student population at COD is expected to double in the next 10-15 years, the bond measure would enable COD to provide more classroom space for larger lectures, continued access to modern technology and expanded college programs to meet the needs of students, faculty and staff. The Assessment District's Board of Trustees proposes to provide additional funding by means of a $346.5 million general obligation bond to be placed on the March 2, 2004 consolidated election ballot. Should the City Council choose to support the Desert Community College District's bond measure, a copy of the Resolution will be forwarded to COD for inclusion on their list of supporting organizations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council supporting the Desert Community College District's bond campaign and bond measure scheduled for the March 2, 2004 consolidated election; or 2. Do not adopt a Resolution of the City Council supporting the Desert Community College District's bond campaign and bond measure scheduled for the March 2, 2004 consolidated election; or 3. Provide staff with alternative direction. Respectfully submitted, Terry De ringer, Management Assistant Approved for submission by: Mark Weiss, Acting City Manager 93 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING THE DESERT COMMUNITY COLLEGE DISTRICT'S BOND CAMPAIGN AND BOND MEASURE SCHEDULED FOR THE MARCH 2, 2004 CONSOLIDATED ELECTION WHEREAS, the City Council of the City of La Quinta has determined that the Desert Community College District (the District) needs to acquire, construct, improve and equip certain properties and equipment within the District in order to enable the District to maintain College of the Desert as a valuable community resource, to train and re-train local residents for higher - paying and skilled jobs, particularly nurses and public safety personnel, and to enhance the educational opportunities of the students in the District who desire to transfer to four-year colleges and universities; and WHEREAS, due to the rapid growth of the District's service area, including the eastern and western Coachella Valley, thousands of new students are entering college each year and College of the Desert desires to respond to such growth by expanding its campuses and constructing new facilities; and WHEREAS, the District, in collaboration with staff and community, has prepared a Facilities Master Plan which outlines the District's facility needs through 2015; and WHEREAS, in the judgment of the District's Board of Trustees, it is advisable to provided additional funding for such facility, technology and safety needs by means of a $346.5 million general obligation bond to be place don the March 2, 2004 consolidated election ballot; and WHEREAS, the District and the College of the Desert administration have demonstrated responsible stewardship in the allocation and use of funds received from the federal and state government and private donors over the past forty years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 99 Resolution No. 2003- College of the Desert Bond Measure Adopted: December 16, 2003 Page 2 The City Council of the City of La Quinta does hereby resolve to endorse and support the Desert Community College District's bond campaign and bond measure scheduled for the March 2, 2004 consolidated election. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of December, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California (A Lo. • AGENDA CATEGORY: OF Tt1ti BUSINESS SESSION: COUNCILI"A MEETING DATE: December 16, 2003 CONSENT CALENDAR: �O ITEM TITLE: Approval of a Professional Services Agreement with David Evans and Associates Inc. to STUDY SESSION: Provide Professional Engineering Services for the PUBLIC HEARING: Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09 RECOMMENDATION: Approve a Professional Services Agreement (PSA) with David Evans and Associates, Inc., (DEA) in the amount of $89,570, to prepare the plans, specifications and engineer's estimate (PS&E) for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Infrastructure Funds: $374,008 RDA Project Area No. 1 Funds: $1,040,160 Total Funding Available: $1,414,168 The following represents the approved project budget: Construction: Design: Inspection/Test/Survey: Administration: Professional: Contingency: Total: $1,047,338 $104,733 $81,169 $52,367 $23,827 $104,734 $1,414,168 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. 101 S:\CityMgr\STAFF REPORTS ONLY\12-16-03\C 9.doc BACKGROUND AND OVERVIEW: The Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09, is 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, installing raised curb median, landscaping, irrigation, and median lighting. The landscape palette will be the City Council approved "desertscape" theme for primary image corridors. On October 7, 2003, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the PS&E for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09, and appointed a Consultant Selection Committee. The City received five proposals from qualified engineering firms on November 3, 2003. Following its evaluation of the five proposals, the Consultant Selection Committee unanimously recommends DEA be awarded a PSA, in the amount of $89,570, to prepare the PS&E. Contingent upon City Council approval of the PSA (Attachment 1) on December 161 2003, the following represents how the project is scheduled to proceed: City Council Approve PSA December 16, 2003 Project Design (6 months) January - June 2004 City Council Approve PS&E/Advertise July 2004 Construction (4 months) September 2004 — December 2004 Accept Improvements January 2005 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with David Evans and Associates, Inc., in the amount of $89,570, to prepare the plans, specifications and engineer's estimate for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09; or 2. Do not approve a Professional Services Agreement with David Evans and Associates, Inc., in the amount of $89,570, to prepare the plans, specifications and engineer's estimate for the Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09; or 3. Provide staff with alternative direction. 2 3. Provide staff with alternative direction. Respectfully submitted, Or (Ei,4othy R. Jon so . E. Public Works Directo /city Engineer Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Professional Services Agreement 3 C:' 3 ATTACHMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and DAVID EVANS AND ASSOCIATES, INC. ("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 The City of La auinta Washington Street Median Island and Median Island Landscape Improvements, Project No. 2003-09 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 N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Pdcts\2003-09 WSH Mod Mod IS Imp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page I of 9 4 . v< <� 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. 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 Eighty Nine Thousand Five Hundred Seventy Dollars ($89,570.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 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. N:\PROJECTS\CLQ T Drive Project FilesTROJEC7=003 Prjcts\2003-09 WSH Mod Mod IS Imp\DEA Contract FilesTROFESSIONAL SERVICES AGREEMENT.doc Page 2 of 9) t.- 3.3 Force Maieure. 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 judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 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. Kim S. Rhodes, L.A., Vice President b. Gene T. Ginther, P.E., P.L.S. 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 Steve Speer, P.E., Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or .by operation of law, without the prior written approval of City. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Prjcts\2003-09 WSH Mod Mod IS Imp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page 3 of 9 6 �:' 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. 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. N-TROJEC'MCLQ T Drive Project Files\PROJECTS\2003 Prjcts\2003-09 WSH Mod Mod IS Imp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page 4 of 9 7 +, ;� All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties'), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties 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 Indemnified Parties, or at the City's option, reimburse the Indemnified Parties 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 judgment or portion thereof rendered against the Indemnified Parties. 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Prjcts\2003-09 WSH Mod Mod IS Imp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page 5 of 9 8 -� U 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 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. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Prjcts\2003-09 WSH Mod Mod IS Imp\DEA Contract FilesTROFESSIONAL SERVICES AGREEMEW.doc Page 6 of 9 9 1 9 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 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, NAPROJECTS\CLQ T Drive Project FilesTROJECTS\2003 P4jcts\2003-09 WSH Med Med IS Iinp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page 7 of 9 10 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. 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: David Evans and Associates, Inc. Attention: Kim S. Rhodes, L.A. Vice President 77-682 Country Club Drive, Suite F2 Palm Desert, CA 92211 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 judgment 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. NAPROJECTS\CLQ T Drive Project Files\PROJECfS\2003 Prjcts\2003-09 WSH Mod Mod IS Imp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page 8 of 9 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: David Evans and Associates, Inc. i Name: Kim S. Rhodes, L.A. Title: Vice President Date: / )L- - 3 - D .3 N:\PROJECTS\CLQ T Drive Project FilesTROJECfS\2003 PrjcW003-09 WSH Mod Mod LS Imp\DEA Contract Files\PROFESSIONAL SERVICES AGREEMENT.doc Page 9 of 9 114, 12 Exhibit A Scope of Services The project consists of engineering and design of the Washington Street Median Islands and Median Island Landscape Improvements 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 Scope of Services to be performed by David Evans and Associates, Inc., dated December 3, 2003 is attached and made a part hereof. 13 113 Section 3: Scope of Work Program Task 1— Pre Design Meeting The DEA project team shall attend a start up meeting with City staff to discuss the design intent, including median layout, access and curb/gutter improvements. This meeting shall provide a thorough review of the scope of services, deliverables, and progress reviews. DEA will also review the proposed plant palette, street improvement work, and demolition items. Because DEA was responsible for the design and implementation of the remaining portions of Washington Street, we feel confident that we understand the goals and objectives necessary for the success of the project. Deliverables: One start up meeting. Task 2 — Field Survey A. Record Data Research • DEA will secure available record information such as surveys of record, assessor's parcel maps, street record drawings, utility record information, centerline ties, benchmarks, and similar data within the project limits. B. Topographic Survey • DEA will establish temporary site control for the topographic survey. • DEA will provide street cross sections along Washington Street (curb to curb) at selected intervals and will locate and identify above ground utilities not shown on the .topographic map. • DEA will prepare a topographic base map for the site to include field data collected topographic information, calculated street centerlines and street right-of-way within the project limits. C. LANDNET • DEA will provide a calculated street centerline and street right-of-way derived from available public record information. Not a hart of this proposal • Record of Survey • Corner Records • Establishment of property comers • Boundary Surveys • Underground utility locations • Pothole locations (because Washington Street is a recently constructed street, DEA has assumed that existing record mapping will provide needed utility locations and therefore has not included pricing for potholing. Should the need arise for potholing, DEA will prepare a fee amendment and secure city approval prior to doing so. Deliverables: Topographic Map I "=40' scale with 1 ' contours provided in an AutoCAD 2000 drawing format. Task 3 — Project Area Base Maps DEA shall prepare project area base maps for the Washington Street Median Improvement Project. These plans shall be developed from DEA survey data compiled in Task 2. The team shall also perform a physical assessment 14 14 of the project area to determine the placement of elements which impact the overall design. Plans shall be prepared at a scale of 1" = 20'. Deliverables: Project area base maps @ 1 "=20'. Task 4 — Data Collection /Agency Coordination DEA shall obtain pertinent infrastructure data such as water and power points of connection and water pressure data. Coordination with CVWD is included herewith in order to obtain project approval. DEA requests that the city provide potholing in order to determine the street section. Soil samples will then be provided to Soil and Plant Laboratories for analysis to ensure successful plant establishment. Deliverables: Project coordination and data collection as noted. City to provide pothole data from prior construction projects in the area. Task 5 —Preliminary Geometric Layout / Conceptual Plan The DEA team will prepare a preliminary conceptual plan indicating the geometric layout of the proposed medians throughout the limits of the project. Areas requiring street widening will also be indicated in both plan and profile as to fully describe the project goals. A "typical" planting layout will be shown, along with a cross section of the planting scheme. Plant photos will be included for all proposed landscape materials. Having designed the adjacent Washington Street median landscaping several years ago, DEA proposes to continue the same desert palette which is consistent with the City Landscape Guidelines. Where street work occurs, the geometric layout of traffic lanes will be shown in addition to curve and taper information; however, signage and striping will not be provided at this time. Water and power points of connection will be determined and shown on the conceptual plan. Utility information obtained during "Data Collection" will be indicated for coordination purposes. A preliminary construction cost estimate will also be provided. Optional "value engineer" items will be discussed and presented for review. Some of these will include issues such as poured in place curb vs. extruded curb placement, and trenching vs. boring where roadway crossings are necessary. Deliverables: 30 "x42" Colored Conceptual Plan indicating proposed median location, street geometrics for lane configuration, and "typical " planting scheme with plant palette photos. This task also includes two meetings with City staff. Task 6 —1 ' Review / Concept Review This task includes revisions to plans prior to commencing work on the final construction drawings. Deliverables: Modifications to plans based upon city review and agency coordination. This task includes one meeting with City staff. Task 7 — Street Widening and Raised Median Plan This task includes the preparation of plan and profile sheets depicting the proposed street widening and median improvements. Curbs will be shown as either extruded or poured -in -place, depending upon the results of the "value engineering" discussions described in Task 5. Deliverables: Plan and profile sheets at a scale of 1 "=40' horizontally and 1 "=4' vertically. 15 I Ia Task 8 — Signing and Striping Plans This task includes the preparation of the signing and striping plans showing necessary construction control signing and striping and permanent signing and striping. Deliverables: Plan sheets at a scale of 1 "=40'. Task 9 — Planting Plan Plans shall include a plant legend indicating trees, palms, shrubs, and ground covers, in addition to information regarding fines and decorative rock. The legend shall indicate the botanical and common names, quantity, size, and remarks (such as variety and staking procedure). The plans shall provide an integrated palette of material in accordance with the city landscape guidelines for image Corridors. Deliverables: 1 "=20'scale planting plans for new medians. Task 10 — Irrigation Plan The final irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the project area. The plans will indicate the point(s) of connection based upon CVWD requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. Deliverables: I "=20' scale irrigation plans for new medians. Task 11— Electrical /Lighting Plans Dream Engineering will provide plans, specifications and engineer's estimate for median island lighting on Washington Street from Avenue 48 to Avenue 50. Dream Engineering will coordinate with HD and prepare all plans in accordance with the City of La Quinta Dark Sky Ordinance. The team shall perform utility coordination, and provide technical support during the bidding and award process. Deliverables: 1 "=20' scale electrical / lighting plans for landscape uplighting in medians only. Task 12 — Project Specifications DEA shall prepare project technical specifications in addition to modifying the boilerplate document provided by the city. Deliverables: Eight hard copy sets of specifications (2 at 4 each review sessions) and one final digital file in Microsoft Word for Windows format. Task 13 — 2nd Review / 85% - 90% Check Plans and Specifications This task includes the submittal and revisions to plans based upon a 90% completion. Plans and specifications shall be complete; however some minor detailing may still be required. This submittal will require significant "calendar time" on behalf of the City plan check process to ensure the accuracy and completeness of the plans. Deliverables: Submittal and revisions to plans based upon City plan check comments. This task includes one meeting with City staff. Task 14 — Construction Cost Estimate and Bid Schedule The project team shall prepare a final construction cost estimate and bid schedule in a per unit basis (or lump sum) of proposed improvements once the construction documents have been completed and approved. This format shall directly match the contractor bid schedule for ease of comparison. The estimate shall be in tabular form for each construction item showing quantity, unit, unit price and total cost. 16 11O Deliverables: One construction estimate in Excel for Windows format at each project review. Task 15 — 3rd Review / 100% Check Plans, Specifications, and Engineers Estimate This task includes the submittal of 100% complete plans, specifications (including bid schedule) and engineer's opinion of the probable cost of construction. A copy of the DEA QA/QC check set can also be provided to ensure the City receives plans that have been reviewed by the project manager and principal in charge. Deliverables: Submittal and revisions to plans based upon City plan check comments. This task includes one meeting with City staff. Task 16 — 4t" Review /Preliminary Final (Screen Check) Although DEA does not anticipate any further corrections during this phase of the work, this task can address outstanding issues / comments required from the city or governing agency. This task includes the submittal and routing of final mylar plans for signature by CVWD, LID, and the City. Deliverables: Submittal and revisions to plans based upon City plan check comments (if required) and the submittal and routing of final mylar plans, and specifications. Task 17 —Assistance During Bidding The DEA team shall assist the City during the bid process which shall include responding to questions from prospective bidders and coordination with the city staff related to the project bid advertisement. This task shall also include the attendance at the pre -bid meeting to present information regarding the construction documents. The pre bid meeting will include a site visit. Deliverables: Attendance at a pre -bid meeting. DEA shall also provide bid assistance as noted above. 17 1 1.-,v Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Eighty Nine Thousand Five Hundred Seventy Dollars ($89,570.00) except as specified in Section 1.6 - Additional Services of the Agreement. 18 113 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. Pre -Design Meeting $ 720.00 2. Field Survey $ 9,720.00 3. Project Area Base Maps $ 3,570.00 4. Data Collection / Agency Coordination $ 2,190.00 5. Preliminary Geometric La out / Conceptual Plans $109420.00 6. 1 Review / Concept Review $ 6,540.00 7. Street Widening and Raised Median Plan $ 49160.00 8. Signing and StripingPlans $ 3,120.00 9. Planting Plan $ 9,900.00 10. Irrigation Plan $11,140.00 11. Electrical / Lighting Plans $ 4,500.00 12. Project S ecifications $ 5,120.00 13. 2na Review / 85% - 90% Check Plans and Specifications $ 6,640.00 14. Construction Cost Estimate and Bid Schedule $ 4,670.00 15. 3ra Review / 100% Check Plans, Specs. & Engineers Estimate $ 2,680.00 16. 4n Review / Preliminary Final Screen Check $ 1,680.00 17. Assistance During Bidding $ 29800.00 TOTAL LUMP SUM FIXED FEE: 1$89,570.00 Consultant may include as many, or as few, work objective 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. Included within our detailed man-hour and fee breakdown is our anticipated reimbursable budget in the amount of $4,150.00. Reimbursable expenses include: printing, delivery costs, postage, etc. Reimbursable expenses shall be charged at cost plus 10%. �14e� .'J. geA::e� Prime Consultant /�--3-63 Date Signed 19 1 0 0 0 0 0 Ln o 0 0 0 o O 0 O o 0 0 o • .- N c0. N N N e- r' N N N N O • 69 if? 69 69 6p9 61� 69 101, IvIll 69 1419,11 140 69 69 69 69 69 69 N co N N N N o O N 3 �O co co co cco co O Go • cp . Goo N cM �� N v O cD st � C6 0 Ili N T- N 6H b9 69 69 6N 69 69 69 0) if! lG,*l IG& 1601 69 69 10 69 69 69 69 f a co d co N v • . N T" N V- s * N O oD O c0 cN co r • co O co 0� � •V eq O v • co co co cNr1 N • • N (r0 co co 00 CD coco coco Co i w ► e • � • N d v co co co d' � v c0 co Co v OO •i N N d I I I N N ilti v • • V N 1.1.cq GO � et co N oo d Go co N ► N a N C 4 v z • � � m cca .� U • 7 to C e 0 ea o o C D 'v ) e� m i cl m o• c U W cn �c vi ' $ $ .r 3 m L m o a C • m r m� U '> O h vJ C to C C U e Y C) LL C •. E Z s o J cv m co o E s o cN _ LL a a o �, w U� E m •• m 0 Q d C C W C C cep' 8 e- of O ag p WCM .` O d �O m �a m � m ci •C �- c t ` COg O� '' m a C o C ® o E EU m C� 3 a a o a c 3 E 3 8 'e Z 3 ri �° `�° °� __ c m '> 3 a c `� c� '> "0 W 9 m w m m c c '� w 'y � i( O O y O c O e m 'C cco ,E m C C '0 0 a` iioan.� p L L m L a m a co to a W a N Q cam._ `1 Q N M et to 0 f- C0 0 O� V- T- � t,9 � � C Y w Y 0 Y V� Y tll Y M Y to Y N Y N Y H Y N Y N Y fA Y (a o Y M Y N 'p W o Y 0cc Je to I 1- 1- 01 F- �- F- �- co F- F- H I-- 0 00 o 0 0, o d ti co M € O OI e- E9 M fsrtq 69 s: C 0. 0 [ m 3 c O < o 20 Exhibit C Schedule of Performance The Consultants project schedule is attached and made a part of this agreement. 21- m Q J �r- a A' u �1 O CL W Q L- CL E u .t! cc tCi c�v i CD S.. •a+ 0 -i-+ cm _c cu 9 0 Exhibit D Special Requirements None. i. 6: 23 COUNCIL/RDA MEETING DATE: December 16, 2003 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed By CONSENT CALENDAR: Bertha Sanchez — Date of Loss: November 16, 2003 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Bertha Sanchez, with a reported date of loss of November 16, 2003. FISCAL IMPLICATIONS: The total amount of the claim was $305.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Bertha Sanchez with a reported date of loss of November 16, 2003 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: I"" 1. Deny the Claim for Damages filed by Bertha Sanchez with a reported date of loss November 16, 2003; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, n A. Ruiz, P sonn isk Manager Approved for submission by: ( L2 Mark Weiss, Acting City Manager Attachment: 1. Bertha Sanchez, Claim for Damages 2 ATTACHMENT 1 FILEWITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE RESFERVE FOR FILING STAMP City of La Quints TO PERSON OR PROPERTY P.O. Box 1504 CLAIM La Quinta, CA 92253 200w 21 INSTRUCTIONS 1. Claims for death, injury to Person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 0� F L A l ' cL 2. Claims for damages hex `.s 0 b real property must be filed not later than 1 year after the occumence. (Gov. Code § 911.2.) 3. Read enure claim form before fang. 4. See page 2 f+or diagram upon which to locate place of acddent 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. T' me of City] Date of Birth of Claimant Q _ Name of Claimant Occupation of Claimant 1 C N cis-s Home Address of Claimant t City and State Home Telephone of Claimant Business Address of Claimant City and StatentRAqQfi &�siness Tellephone . Claims Give address and telephone number to which you desires notices r c*mmica6ons to be sent regarding dais: Claimant's Social Nb.: 1 - 2 - -�-< When did DAMAGE or INJURY occur? Names of any city employees involved in, INJURY or DAMAGE. Date: - /t'o - 03 - Time: ' If Clam is .for Equitable Indemnity, give dale claimant served with the complaint - Date: Where did DAMAGE Or INJURY occur? Describe fullv. and lnrate nn manmM nn ra- L-We ..1 &.:.. _L__. t..-_-- ana awre s and rneasumments from landmarks. T `"O&S' _ - -- ••••v.v vYY"�F^p�t ;�� .IYGGt1WIIICJ CCU v'� 1 In:Q, S �c-e.�� r'`U t rrt� ('1�l ill S�2 17 floss Ty od Describe in detail how the DAMAGE or INJURY occurred. Why do you claim the city is responsible? Describe in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON 4W The amount claimed, as of the date of presentation of this daan, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to SKY ..................... $ Future expenses for medical and hospital care�- Expenses for medical and hospital care ..... $ N arm -' Future loss of earnings ....................$ AjcAk Loss of earnings ........................ Special damages for ...................... $ N crn� $ t8j ese,-� Other prospective special damages ..........$ Prospective general damages ..............S , Azsu�L AJty%J General damages ....................... $ ann Total estimated prospective damages .......$ n1- Total damages incurred to date .......... $ � 3 n � �` / 6 Ilk'� � aC Total amount claimed as of date of presentation of this daim: $ Was damage and/or injury investigated by police? If so, what city? _ Were paramedics or ambulance called? If so, name city or ambulance If injured, state, date, time, name and address -of doctor of your initial visit WITNESSES b DAMAGE or INJURY: List all persons and addresses of persons known do have information: Name Address. pie Name Address Phone Name Address Phone DOCTOR AND HOSPITALS: Hospital Dolor Doctor Address _ Address - Address Phone Phone Phone READ CAREFULLY For all accident claim place on blowing diagram name of streets, including North, accident by"A-1" and location of yourself or your vehicle at the tone of the accident East. South, And West Wicaie place of accident by "X" and by showing house .. by 1-1- and the point of impact by "X." numbers or distances to street comers. I City Vehicle was involved, designate by letter W location of City Vehicle when you tryst saw it, and by "B" location of yourself NOTE: y diagrams below do rat fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant. CURB--� or person tang on to Claimant .l OkY SIDEWALK SIDEWALK NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) CURB -� of a false claim is a felony (Pen. Code § 72.) A! III iM"A -sr . =, f . ;' � •lw� • b raw F • WPJM OUegANEMN `A •r • • �•1" ' amb I " M MI , . mar- � e ---- ww_J.��►sa�>,u� �.,. wrwsw wew► w��1 Ia�•� •�Iw ��i• -`---s,�........� �------- -- - mto, MTV. Re �' t ,, . r _. "" ., _ "� � / V � ,:�' . ,,� /r �� zit � v 'S �. / //�r C � .. ._ P C � 1 ', ' a y .- � .tw eb� a �� o- '♦ �: �1. k�4a Y� s. rt •J. r a � H. � .i •�` i if 444 C ^ k i `` , I-C- ... ti s i y Ypt _. • j Y� - a tip - • � �t. `•t`�). ��� `_."��,, }�"`q 4,X �,•� v _ —10-q ol ,, GF f A-r Y•� �'i� 4 . FYI i a '' •r '� t f. �' ; u�}� � ,� ,,,FA • `•�l � Yt+F �, x y � ; � ' Y r�td�' i �{t G! k1P+ � �'.,+5� � n�. yi 'm' �� �.,h-d a� x `�, k :. � t,v- +�"T :*.� �+ Jun ,••,'�- y h � ,� Zk n 4 r'` .� �t°,' . �*v �' " '� k' Ar4 '' i _." Sr 'i�.%'x �RL �"�$�� �aa$f � � "�b �" r S•�• �+, L �� J.N' �''" .�:j.P �t� ti._.,� r•'`t� 4 Y . 7',,t k•�'`��s^z" Y �?�- �yi�� �'�. a' a i , pw Ali, Alt" 1,7 ,• }+a' r ,. ..-'r t,,,.' - r. ` , r iry ! Rit. +w' xtf • ri �,• r 4 r r jp W 9�1" y,F i t i it � rg � �5 +� -i � r I • R r „ �. •; •. ..: ,�� Y` 5�•.,q .•FF � ..tl �,� 4i• :.7 i`i ��it.,'S i',_ t ��y.•(�ti ��,�f•t, TN T41it 4 Z4�&Qumra COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Authorization for Overnight Travel for the Accounting Manager to Attend the 2004 California Society Municipal Finance Officers (CSMFO) Annual Conference in Long Beach, CA, February 28 — March 2, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Accounting Manager to attend the four -day 2004 California Society of Municipal Finance Officers (CSMFO) Annual Conference in Long Beach, California, February 28 — March 2, 2004. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-151-637-000. This conference was budgeted in the 2003/2004 Fiscal Year Budget at $1,500. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 225.00 • Travel 125.00 • Lodging/Meals 600.00 Total $1,200.00 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The four -day 2004 California Society Municipal Finance Officers (CSMFO) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Accounting Manager to attend the four -day 2004 California Society of Municipal Finance Officers (CSMFO) Annual Conference in Long Beach, California, February 28 - March 2, 2004; or 1. Do not approve authorization for overnight travel for the Accounting Manager to attend the four -day California Society of Municipal Finance Officers (CSMFO) Annual Conference in Long Beach, California, February 28 - March 2, 2004; or 2. Provide staff with alternative direction. Respecttully submitted, ohn M. Falconer, Finance Director Approved for submission by: 0-�,� Mark Weiss, Acting City Manager Attachment: 1. California Society of Municipal Finance Officers (CSMFO) Annual Conference Agenda 2 CSMFO Annual Conference February 28 - March 2, 2004 Long Beach Convention and Entertainment Center REGISTRATION PACKET 3 Sunday, February 29th 14+Of =7`V.;1► legs tit r Tuesday, March 2nd Early Registration Deadline January 5, 2004 4 I i j Session Highlights Pre —Conference Workshop — Saturday, February 28 "FISCAL SUSTAINABIL&D LONG RANGENIVANC PLA1A1TINGAND STRATEGIES" In tough economic times -- with ]Deal government budgets under siege and fund balances in sharp decline — long-range financial planning is among the most widely acknowledged ,"best practices" for ensuring sustainability . As Standard & Poor's has written, "[m]ulti—year planning is a critical exercise. These plans will often have out —year gaps projected which allow governments to work-out, in advance, the optimal way to restore fiscal balances." Please join your colleagues for a one --half day pre -Annual Conference seminar: "Long Range Financial Planning and Strategies" The serminft will be given by financial management experts from Public Financial Management, Inc. (PFM). PFM has devised the long --range financial plans behind the successful recoveries of some of the nation's most distressed localities — including the City of Philadelphia, District of Columbia,. and Nassau County, New York as well as governments in sound fiscal condition seeking to head off potential budget strain. The multi year plans developed by PFM have been cited by credit rating agency Fitch as "good models that can be emulated by local governments,' large and small." This interactive seminar will share examples of excellence from California and around the country, introduce practical tools and methodologies for a more effective forecasting, and share approaches for addressing the risks and uncertainties inherent with multiyear projections. PF'wll also provide an overview of its Financial Sustainability. Training Program, a new training series developed exclusively in conjunction with the CSMFO to provide members with targeted seminars on a range of financial sustainability topics in locations across California over the coming year. 5 0 ri 21 a I ILI 0) 113 to) The Hyatt Regency Long Beach is located just a few short steps from our conference facility in the heart of Downtown Long Beach. Hotel Highlights: • Heated outdoor pool, whirlpool, sun deck and pool deck • Complimentary exercise room featuring lifecycles®, treadmills, stairmastee and weight machines • Full —service Gold's Gym® nearby (daily fee) • 6 mile beach (1 /4 mile from hotel) with walking, jogging and bicycling paths • Golf nearby with arrangements through concierge: 5 miles, 9—hole and 18—hole Recreation Park Golf Club; 6 miles, 18—hole Sky Links Golf Course; 7 miles, 18—hole Lakewood Country Club • Voice mail for guest rooms • Coffee makers • Hairdryer and iron/ironing board • Individual climate control • Computer data port • Video check—out STUDIOS TOUR ` DOIXiERi STADIUM HOLLYWOOD LOS ANGELES � AP „y ANAHEIM MOWLAW STADIUM so WAX MUSE, KN(] BERRY A ELES `t FARM • Al ORT a . • AIRP OHLOS ALAMITOS D SNEY ACE TRAGIC GE Co. ,` BEACH CONVENTION • A�INMENT CENTER ■ HYA --- PORT O'CA�LL N WEE 0 PACIFIC OCEAN �CAT'AUNA ISLAND HOTEL REGISTRATION INFORMATION Single/Double Room Rate: $155 plus tax (currently 12%) $20 for each additional person over 2. Hotel Reservation Deadline: January 28, 2004 Hyatt Regency Long Beach Phone: (562) 491-1234 Address: 200 S. Pine Street Long Beach, CA 90802 Conference and Hotel Parking Parking for hotel guests at the Hyatt Regency Long Beach is $10 for self parking; $14 for valet (this includes in and out privileges). For attendees not staying at the Hyatt Regency, the rate is $6 for self —parking; $8 for valet parking (with no in and out privileges). There is also parking available at the Long Beach Convention and Entertainment Center at the rate of $8 per day (subject to change). DR"G D=IC -ON Directions from Los Angeles Intermatidteel Airport: Take the 405 Freeway South to the 710 Freeway South towards Long Beach. As you approach the end of the freeway, stay to the left and follow the blue signs to the Long Beach Aquarium. Do not take the Port of Long Beach exit not the Broadway exit. Stay on the freeway which will end' and tarn into Shoreline Drive. You will pass the aquarium and continue on Shoreline Drive until you reach Pine Avenue.. Make a left on Pine Avenue and a right into the hotel driveway which will lead you to the hotel parking structure. If you have any questions regarding directions please contact the Hotel Concierge at (562) 491-1234 extension 51. i 6 REGISTRATION DEADLINES Confirmation Continuing Education Credit Conference: Conference Registration submitted by January Continuing Education' Credit (CEC) will be January 5, 2004 Early Registration 5, 2004 will receive confirmation of your granted for education sessions attended. CEC February 2, 2004 Registration registration via e—mail at the address you request forms will be available at each session. After February 2, 2004, registrants should provided on the registration form. Certificates will be mailed following the event. fax a copy of the registration form to (916) 658— Cancellation and Refund Policy Special Assistance 8240 and remit payment on —site. Golf Tournament, Ice Dogs & Spousal Tour. Early registrants unable to attend may request CSMFO Staff will be glad to assist you with January 28, 2004 Golf Tournament February 2, 2004 Ice Dogs Hockey February 2, 2004 Spousal Tours After January 28, 2004, golf tournament registrants should contact Dennis Keith at (562) 570-6229 for space availability. a refund, less processing charge of $35 by submitting a written request to: CSMFO 2004 Annual Conference 400 K Street Sacramento, CA 95814 any special needs (i.e. physical, dietary, etc.) . Please identify any special needs on your registration form. Contact Information: Registration Information (916) 658-8210 After February 2, 2004, Spousal Tour and No refund request will be accepted after Conference Information (562) 570-6229 Hockey registrants should fax a copy of the February 2, 2004. Substitute attendees will be Exhibitor & Sponsor (805) 388-5320 registration form to(562) 570-6780 and remit accepted at any time. Spousal Tour (562) 570-5045 payment by February 20, 2004. Golf Tournament (562) 570-6845 CONFERENCE REGISTRATION FEES Exhibitor and Sponsor Information Additional Information $225 Early Registration For Exhibitor and Sponsor information, please $275 Late Registration call the CSMFO Exhibition Hall Committee Additional Information is available on the Return registration form and registration fee Chair, Anita Lawrence CSMFO website at www.csmfo.org payment to: at (805) 388-5320. CSMFO 2004 Annual Conference 1400 K Street, Suite 400 Sacramento, CA 05814 (Postmarks are acceptable) Full Conference Registration fee includes all general sessions, materials, sbciW events and meal functions. Daily Conference Registration fee includes the general session materials for the day and meal functions (breakfast and lunch, if scheduled). The Daily Registration does not include any social events such as the Welcome Reception and Dinner Gala. Please register as early as possible. Fees for additional persons to attend events are as listed on the registration form. Hotel rooms and conference space are available on a first —come, first —served basis. Payment must accompany the registration form. Please make check payable to: "CSMFO 2004 Annual Conference" Please note "Cancellation and Refund Policy". Registration forms postmarked after January 5, 2004 must pay the late registration fee which may not include conference attendee giveaways. Suggested Attire Attire is business casual. 11J CSMFO 2004 CONFERENCE REGISTRATION FORM ' Please use a separate form for each registration. Photocopies are accepted. Confirmations will be sent via e-mail. NAME (LAST. FIRST►: TITLE: ORGANIZATION: MAILING ADDRESS: CITY: STATE: ZIP: TELEPHONE: FAX: E-MAIL: Pre -Conference Workshop; Fiscal Sustainability (Saturday, February 28, 2004; 1:00 - 5:00 p.m.) $ 85 $ Full Conference Registration (includes all events, sessions and meals) Government Early Registration (by 1/05/04) $225 $ Late Registration (after 1/05/04) $275 $ Commercial (Non-Exhibitor/Non-Sponsor) Early Registration (by 1/05/04) $425 $ Late Registration (after 1/05/04) $490 $ Daily Conference Registration:* ❑ Sunday ❑ Monday * (includes breakfast and lunch, if scheduled) Daily Government . Early Registration (by 1/05/04) Late Registration (after 1/05/04) Daily Commercial (Non-Exhibitor/Non-Sponsor) Early Registration (by 1/05/04) Late Registration (after 1/05/04) Spouse/Guest Events and/or Additional Meal Tickets Spouse/Guest Name (Last, First): ❑ Tuesday ( Please check days) of aftendanae) x $100 $ x $135 $ x $200 $ x $250 $ Full Conference Registration (includes all events, sessions and meals). x $225 Sunday Box Lunch x $ 25 Sunday Reception x $ 35 Monday Breakfast x $ 25 Monday Luncheon x $ 30 Monday Banquet x $ 75 Tuesday Breakfast x $ 25 Tuesday Concluding Luncheon x $ 30 Special Requests for Meals: ❑ vegetarian ❑ vegetarian for Spouse/Guest Payment Options: ❑ Check ❑ visa ❑ MasterCard Account Number: Expires: Name on Card: Please meke checks payable to CSMFO Annual Conference. Signature: TOTAL FEES Mail by February 2, 2004 to: CSMFO, 1400 K Street, Suite 400, Sacramento, CA 95814. (postmarks are acceptable) After February 2, 2004, registrants should fax a copy of the registration form to (916) 658-8240 and remit payment on -site. Early registrants unable to attend may request a refund, less a processing charge of $35 by submitting a written request to the same address by February 2, 2004. No refund requests will be accepted after February 2, 2004. Substitute attendees will be accepted at any time. CSMFO Registration Information Only: (916) 658-8210; CSMFO General Conference Information (562) 57"229 1 11 - 8 4 c� OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 16, 2003 BUSINESS SESSION: ITEM TITLE: Approval of Annual District Information Sheets for the City of La Quinta Assessment District Nos. 90-1, 91-1, 92-1 and 97-1 for Fiscal Year End June 30, 2003 RECOMMENDATION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 90-1, 91-1, 92-1 and 97-1 for Fiscal Year End June 30, 2003 (Attachment 1). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets and based upon discussions with MuniFinancial, who prepared the documents, adequate reserves are available to meet debt service payments for the Fiscal Year 2003/04. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 111ti 1 . Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 90-1, 91-1, 92-1 and 97-1 for Fiscal Year End June 30, 2003; or 2. Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District Nos. 90-1, 91-1, 92-1 and 97-1 for Fiscal Year End June 30, 2003; or 3. Provide staff with alternative direction. Respectfully submitted, ohn K. Falconer, finance Director Approved for submission by: 'Mark Weiss, Acting City Manager Attachments: 1. 2002/03 District Information Sheets for the City of La Quinta Assessment District Nos. 90-1, 91-1, 92-1 and 97-1 1113 2 ATTACHMENT 1 Assessment District No. 90-1 City of La Quinta, Riverside, CA BOND STATUS as of 11 /20/2003 DISTRICT STATUS District Information Sheet Outstanding Principal: $155,000.00 Annual Debt Service For Amount 2003 $ 85,750.00 2004 $ 85, 850.00 No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2003/04 2002/03 $121,744.04 $4,811.33 3.95% 32 Highest Annual Assessment Per Parcel: $799.90 2003/04 $125,147.82 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $26.14 Average Annual Assessment Per Parcel: $171.20 BOND SUMMARY INFORMATION Original Issue Amount (Par) $1,227,154.97 Final Maturity: September 2, 2005 Date of Issuance July 2, 1990 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 721.27 Total Assessed Improvements $58,946,668.00 Total Assessed Value $77,424,673.00 Total Assessed Land $18,478,005.00 Type of Improvements: Sanitary sewer system ACTIVE PARCEL INFORMATION as of 07/24/03 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 598 81.81 % 82.30% Unimproved Parcels 133 18.19 % 17.70% Total 731 100.00 % 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund October 31, 2003 $29,973.34 Held by Agency Reserve Fund October 31, 2003 $123,457.92 Held By Agency Approx. Reserve Requirement: $108,174.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 1 0 2 (t 3 District Information Sheet Assessment District No. 90-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 08/12/03 Tax Year Total Assessment Delinquencies (current) Delinquency Rate (current) Delinquent No. of Parcels 1998/99 $129,566.90 $530.66 0.41 % 3 1999/00 $126,961.22 $724.28 0.57% 4 2000/01 $126,473.26 $759.20 0.60% 4 2001 /02 $123, 370.94 $1,442.32 1.17% 10 2002/03 $121,744.04 $4,811.33 3.95% 32 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT Based on County Property Data as of 07/24/03 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2003104 Assessment Value HENRY GRISWOLD 51 6.98% $8,369.78 6.68% $221,865.00 Aggregate information for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the some owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER None listed VALUE TO LIEN RATIO: as of 07/24/03 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien Principal 30:1 and Above 664 90.83% $77,162,768.00 $97,810.80 91.12% 10:1 to 29.99:1 67 9.17% $261,905.00 $9,533.83 8.88% 5:1 to 9.99:1 0 0.00% $0.00 $0.00 0.00% 3:1 to 4.99:1 0 0.00% $0.00 $0.00 0.00% 2:1 to 2.99:1 0 0.00% $0.00 $0.00 0.00% 1:1 to 1.99:1 0 0.00% $0.00 $0.00 0.00% Less than 1:1 0 0.00% $0.00 $0.00 0.00% Undefined 0 0.00% $0.00 $0.00 0.00% Total 731 100.00% $77,424,673.00 $107,344.63 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2002/03 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 2 f 2 4 District Information Sheet Assessment District No. 91-1 City of La Quinta, Riverside, CA BOND STATUS as of 11 /20/2003 Outstanding Principal: $420,000.00 Annual Debt Service For Amount 2003 $ 162,060.00 2004 $158,560.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2003104 2002/03 $240,986.68 $8,691.55 3.60% 44 Highest Annual Assessment Per Parcel: $988.14 2003/04 $240,182.32 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $24.66 Average Annual Assessment Per Parcel: $236.63 BOND SUMMARY INFORMATION Original Issue Amount (Par) $2,240,866.05 Final Maturity: September 2, 2006 Date of Issuance July 17, 1991 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 317.09 Total Assessed Improvements $94,489,389.00 Total Assessed Value $125,685,140.00 Total Assessed Land $31,195,751.00 Type of Improvements: Sanitary sewer, perimeter wall ACTIVE PARCEL INFORMATION as of 07/24/03 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 847 83.45 % 84.01 % Unimproved Parcels 168 16.55 % 15.99% Total 1,015 100.00 % 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund October 31, 2003 $119,182.81 Held By City Reserve Fund October 31, 2003 $227,353.81 Held By City Approx. Reserve Requirement: $203,704.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 1 of 2 .,I u 5 District Information Sheet Assessment District No. 91-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 08/12/03 Tax Year Total Assessment Delinquencies (current) Delinquency Rate (current) Delinquent No. of Parcels 1998/99 $244,985.28 $932.90 0.38% 5 1999/00 $242,973.24 $764.48 0.31 % 4 2000/01 $240,877.80 $889.26 0.37% 3 2001 /02 $240,629.68 $2,127.88 0.88% 11 2002/03 $240,986.68 $8,691.55 3.61 % 44 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/24/03 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2003104 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggregate information for each owner listed is based on owner name as shorn on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the some owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER None listed VALUE TO LIEN RATIO: as of 07/24/03 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien �'� Principal 30:1 and Above 943 92.91 % $125,280,398.00 $370,915.73 93.58% 10:1 to 29.99:1 69 6.80% $390,757.00 $22,962.49 5.79% 5:1 to 9.99:1 2 0.20% $10,036.00 $1,700.74 0.43% 3:1 to 4.99:1 1 0.10% $3,949.00 $792.87 0.20% 2:1 to 2.99:1 0 0.00% $0.00 $0.00 0.00% 1:1 to 1.99:1 0 0.00% $0.00 $0.00 0.00% Less than 1:1 0 0.00% $0.00 $0.00 0.00% Undefined 0 0.00% $0.00 $0.00 0.00% Total 1,015 100.01% $125,685,140.00 $396,371.83 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2002/03 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 2 of 2 District Information Sheet Assessment District No. 92-1 City of La Quinta, Riverside, CA BOND STATUS as of 11 /20/2003 Outstanding Principal: $680,000.00 Annual Debt Service For Amount 2003 $ 157,815.00 2004 $ 161,720.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2003104 2002/03 $186,319.04 $4,852.38 2.60% 28 Highest Annual Assessment Per Parcel: $2,549.60 2003/04 $190,689.54 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $2.20 Average Annual Assessment Per Parcel: $245.42 BOND SUMMARY INFORMATION Original Issue Amount (Par) $1,880,891.50 Final Maturity: September 2, 2008 Date of Issuance September 1, 1993 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 204.99 Total Assessed Improvements $90,950,854.00 Total Assessed Value $122,881,726.00 Total Assessed Land $31,930,872.00 Type of Improvements: Storm drains, streets, water ACTIVE PARCEL INFORMATION as of 07/24/03 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment _ Improved Parcels 674 86.52 % 85.92% Unimproved Parcels 105 13.48 % 14.08% Total 779 100.00 % 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund October 31, 2003 $31,107.43 Held By City Reserve Fund October 31, 2003 $193,234.57 Held By City Approx. Reserve Requirement: $161,720.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 1 of 2 ir43 7 District Information Sheet Assessment District No. 92-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 08/12/03 Total Delinquencies Delinquency Rate Delinquent No. Tax Year Assessment (current) (current) of Parcels 1998/99 $194,516.50 $0.00 0.00% 0 1999/00 $188,603.62 $229.92 0.12% 1 2000/01 $185,973.20 $606.82 0.33% 3 2001/02 $188,969.18 $831.88 0.44% 5 2002/03 $186,319.04 $4,852.38 2.60% 28 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/24/03 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2003104 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggregate information for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the same owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER M.L. Stem & Co. VALUE TO LIEN RATIO: as of 07/24/03 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien �'� Principal 30:1 and Above 705 90.50% $122,249,831.00 $548,614.29 91.52% 10:1 to 29.99:1 36 4.62% $491,349.00 $24,468.13 4.08% 5:1 to 9.99:1 31 3.98% $125,154.00 $20,366.44 3.40% 3:1 to 4.99:1 5 0.64% $15,392.00 $3,463.53 0.58% 2:1 to 2.99:1 0 0.00% $0.00 $0.00 0.00% 1:1 to 1.99:1 0 0.00% $0.00 $0.00 0.00% Less than 1:1 2 0.26% $0.00 $2,542.99 0.42% Undefined 0 0.00% $0.00 $0.00 0.00% Total 779 100.00% $122,881,726.00 $599,455.37 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2002/03 Annual Assessment. Al assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 2 of 2 Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 11 /20/2003 DISTRICT STATUS District Information Sheet Outstanding Principal: $600,000.00 Annual Debt Service For Amount 2003 $ 63,735.00 2004 $ 62,355.00 No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2003/04 2002/03 $69,416.60 $1,762.95 2.53% 3 Highest Annual Assessment Per Parcel: $724.44 2003/04 $70,899.80 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $359.16 Average Annual Assessment Per Parcel: $675.24 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity: September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 34.96 Total Assessed Improvements $15,779,241.00 Total Assessed Value $20,717,836.00 Total Assessed Land $4,938,595.00 Type of Improvements: Roads, water, sewer, and landscape ACTIVE PARCEL INFORMATION as of 07/24/03 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100.00% 100.00% Unimproved Parcels 0 0.00% 0.00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund October 31, 2003 $21,526.67 Held By City Reserve Fund October 31, 2003 $73,783.81 Held By City Approx. Reserve Requirement: $63,035.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 1 of 2 1;)0 9 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 08/12/03 Tax Year Total Assessment Delinquencies (current) Delinquency Rate (current) Delinquent No. of Parcels 1999/00 $66,414.60 $0.00 0.00% 0 2000/01 $66,323.70 $0.00 0.00% 0 2001 /02 $65,457.70 $0.00 0.00% 0 2002/03 $69,416.60 $1,762.95 2.54% 3 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 07/24/03 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2003/04 Assessment Value There are currently no parcel owners representing 5% or more of the total assessment. Aggrepate information for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the same owner or for the data to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER None listed VALUE TO LIEN RATIO: as of 07/24/03 % of Total Value to Lien No. of % of Aggregate Remaining Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien �'� Principal 30:1 and Above 75 71.43% $15,976,483.00 $419,303.95 70.75% 10:1 to 29.99:1 30 28.57% $4,741,353.00 $173,383.80 29.25% 5:1 to 9.99:1 0 0.00% $0.00 $0.00 0.00% 3:1 to 4.99:1 0 0.00% $0.00 $0.00 0.00% 2:1 to 2.99:1 0 0.00% $0.00 $0.00 0.00% 1:1 to 1.99:1 0 0.00% $0.00 $0.00 0.00% Less than 1:1 0 0.00% $0.00 $0.00 0.00% Undefined 0 0.00% $0.00 $0.00 0.00% Total 105 100.00% $20,717,836.00 $592,687.75 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2002/03 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFlnancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industda, Temecula, CA 92590 (909) 587-3500 www.muni.com Page 2 of 2 ri..a �. 10 ce4t�v 4 4 QaAraj COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Approval of Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2003. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (Bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2-12. 2. File certain financial information and operating data with national and state repositories each year. 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. v <. Attachment 1 is the 2002/03 Annual Continuing Disclosure Statement for the City of La' Quinta 2000-1 Assessment District - La Quinta, prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 2002/03. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2003; or 1. Do not approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2003; or 2. Provide staff with alternative direction. Respectfully submitted, Johd M. Falconer, F' ance Director Approved for submission by: Mark Weiss, Acting City Manager Attachment: 1. 2002/03 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District ik;3 2 ATTACHMENT 1 2002/2003 ANNUAL INFORMATION STATEMENT ASSESSMENT DISTRICT NO.2000-1 (PHASE VI IMPROVEMENTS) LIMITED OBLIGATION IMPROVEMENT BONDS CITY OF LA QU I NTA RIVERSIDE COUNTY, CALIFORNIA 14 3 LIST OF PARTICIPANTS CITY OF LA QUINTA www.la-quinta.org John Falconer Finance Director P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253 (619) 777-7150 DISCLOSURE CONSULTANT & DISSEMINATION AGENT MuniFinancial" Temecula, CA 92590 (909) 587-3500 Report available for viewin_o www.muni.com UNDERWRITER Miller & Schroeder Financial, Inc. BOND COUNSEL Rutan & Tucker LLP Costa Mesa, California PAYING AGENT Brad Scarbrough U.S. Bank Trust, N.A. 633 West 5th Street, 24th Floor Los Angeles, California 90071 (213) 615-6047 * In its role as Disclosure Consultant and Dissemination Agent, MuniFinancial has not passed upon the accuracy, completeness or fairness of the statements contained herein. \J V 4 L INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, (the "City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), Limited Obligation Improvement Bonds (the "Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 34.8 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson Street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. 2002103 — Assessment District 2000-1 City of La Quinta 5 ll. BOND INFORMATION A. PRINCIPAL OUTSTANDING Bond Issue As of October 31, 2003 Assessment District No. 2000-1 (Phase VI Improvements) $1,880,000.00 Limited Obligation Improvement Bonds B. FUND BALANCES Fund Name As of October 31, 2003 Reserve Fund $250,400.87 Reserve Requirement(') $228,500.00 Construction/improvement $445,953.96 (1) The Reserve Requirement was calculated based on the lesser of a) maximum annual debt service on the outstanding bonds b) 125% of the average annual debt service on the bonds, or c) 10% of the amount of the bonds as set forth in the Official Statement. Source: City of La Quinta, as compiled by MuniFinancial as of October 31, 2003. 2002103 — Assessment District 2000-1 City of La Quinta 2 Ill. OPERATING INFORMATION A. PARCEL INFORMATION BY ZONING 2003/2004 Assessed Value % Of Average Number Remaining Remaining Value of Assessment Assessment to Parcels Land Structure Total Lien Lien Lien Developed Commercial 17 $756,282 $2,720,517 $3,476,799 $69,859.72 3.73% 49.77 Undeveloped Commercial 23 1,883,536 35,363 1,918,899 123,999.25 6.62% 15.48 Subtotal Commercial 40 $2,639,818 $2,755,880 $5,395,698 $193,858.97 10.35% 27.83 Developed Residential 317 10,666,076 36,330,306 46,996,382 1,235,135.15 65.95% 38.05 Undeveloped Residential 107 2,948,699 97,426 3,046,125 443,850.61 23.70% 6.86 Subtotal Residential 424 $13,614,775 $36,427,732 $50,042,507 $1,678,985.76 89.65% 29.81 Grand Total 464 $16,254,593 $39,183,612 $55,438,205 $1,872,844.73 100.00% 29.60 Source: Riverside County 2003/2004 Secured Property Roll, as compiled by MuniFinancial. The number of active parcels in the District have decreased from the original number of parcels securing the Bonds due to prepayments of the assessments through the Sewer Fee Subsidy program offered by the City to property owners who qualified. B. PARCEL INFORMATION BY DEVELOPMENT STATUS 2003/2004 Assessed Value % Of Average Number Remaining Remaining Value Of Assessment Assessment to Parcels Land Structure Total Lien Lien Lien Developed Commercial 17 $756,282 $2,720,517 $3,476,799 $69,859.72 3.73% 49.77 Developed Residential 317 10,666,076 36,330,306 46,996,382 1,235,135.15 65.95% 38.05 Subtotal Developed 334 $11,422,358 $39,050,823 $50,473,181 $1,304,994.87 69.68% 87.82 Undeveloped Commercial 23 1,883,536 35,363 1,918,899 123,999.25 6.62% 15.48 Undeveloped Residential 107 2,948,699 97,426 3,046,125 443,850.61 23.70% 6.86 Subtotal Undeveloped 130 $4,832,235 $132,789 $4,965,024 $567,849.86 30.32% 22.34 Grand Total 464 $16,254,593 $39,183,612 $55,438,205 $1,872,844.73 100.00% 29.60 Source: Riverside County 2003/2004 Secured Property Roll, as compiled by MuniFinancial. The number of active parcels in the District have decreased from the original number of parcels securing the Bonds due to prepayments of the assessments through the Sewer Fee Subsidy program offered by the City to property owners who qualified. 2002103 — Assessment District 2000-1 City of La Quinta 3 C. DELINQUENCY SUMMARY Number of Fiscal Number Parcels Annual Assessment Percent Year of Parcels Delinquent �'� Assessment Delinquent (2) Delinquent 2000/01 468 6 $243,338 $3,034 1.25% 2001/02 464 10 $245,572 $3,715 1.51% 2002/03 464 29 $242,218 $13,002 5.37% (1) Prior to the Fiscal Year 2003/2004 Levy, there were 32 individual parcels delinquent. No foreclosure action has been taken, due to the foreclosure covenants, which state $2,000 per parcel or 10% Delinquency rate for the entire District. On May 29, 2003, 31 Reminder letters were sent out, and on May 30, 2003, 30 Demand Letters were sent out. At this time, no delinquent taxpayer is responsible for 5% or more of the total Assessment levied. (2) Amount delinquent as of August 12, 2003 Source: Riverside County, as compiled by MuniFinancial D. VALUE TO DEBT The following table sets forth by Value to Debt, the Remaining Bonded Debt and Assessed Value for parcels within the District. % Of Number Remaining Remaining of 2003104 Assessed 2003/04 Assessed 2003/04 Total Assessment Assessment Average Value to Lien Parcels Land Value Structure Value Assessed Value Lien . Lien Greater than 30 226 $9,858,797 $31,844,645 $41,703,442 $865,554 46.22% 20 to 29.99 80 2,796,239 5,501,557 8,297,796 339,621 18.13% 10 to 19.99 52 1,519,164 1,718,683 3,237,847 211,660 11.30% 5 to 9.99 43 1,522,973 117,423 1,640,396 215,717 11.52% 3 to 4.99 20 323,758 0 323,758 79,105 4.22% 1 to 2.99 26 189,495 1,304 190,799 99,069 5.29% Less than 1 17 44,167 0 44,167 62,120 3.32% Grand Total 464 $16,254,593 $39,183,612 $55,438,205 $1,872,845 100.00% Source: Riverside County 2003/2004 Secured Property Roll, as compiled by MuniFinancial. 2002103 - Assessment District 2000-1 City of La Quinta 4ii IV. SIGNATURE The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. CITY OF LA QUINTA Y lconer Director December , 2003 2002103 - Assessment District 2000-1 City of La Quinta 5 �;;4� COUNCIL/RDA MEETING DATE: December 16, 2003 Approval of a Supplemental Agreement with Riverside County for the Use of Community Development Block Grant (CDBG) Funds for Reconstruction of Eisenhower Drive, and Public Service Funds for the Boys and Girls Club - La Quinta Unit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Approve the Supplemental Agreement (Attachment 1) and authorize the Mayor to sign the Agreement to utilize the sum of $204,427 in CDBG Entitlement Funds for the Reconstruction of Eisenhower Drive ($174,427), and public service funds for the Boys and Girls Club - La Quinta Unit ($30,000). FISCAL IMPLICATIONS: The City will receive total reimbursement of $204,427 in CDBG Entitlement Funds for 1) the Reconstruction of Eisenhower Drive, ($174,427), and 2) public service funds for the Boys and Girls Club - La Quinta Unit ($30,000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of this Supplemental Agreement between the City and Riverside County is to authorize the use of CDBG funds for FY 2003-2004 in the amount of $204,427 in accordance with the Housing and Community Development Act of 1974. This allocation reflects a proportional share of Riverside County's entitlement allocation from H.U.D. The City submitted CDBG applications to the County for the projects in January, 2003; the applications were subsequently approved by the Board of Supervisors. 161 C•\r`i+-RA-,%CTACC QCOr1DTC t-WI V%r`71 A-, This Supplemental Agreement is for CDBG projects which were approved by the City Council on January 21, 2003 under Resolution 2003-009, and are available with the beginning of the new Federal Fiscal Year, which begins October 1, 2003. Monies become available for reimbursement to the City upon approval of this Agreement by the City and the Riverside County Board of Supervisors. For the past 19 years, the City of La Quinta has been participating in the Urban Counties CDBG program with Riverside County. Entitlement Funds have been expended for projects such as: Senior Center construction, La Fonda Street construction and public service funds for the Boys and Girls Club - La Quinta Unit. The City has previously entered into Supplemental Agreements with the County for the use of CDBG funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Supplemental Agreement and authorize the Mayor to sign the Agreement to utilize the sum of $204,427 in CDBG Entitlement Funds for the Reconstruction Eisenhower Drive ($174,427), and public service funds for the Boys and Girls Club - La Quinta Unit ($30,000); or 2. Do not approve the Supplemental Agreement and authorize the Mayor to sign the Agreement to utilize the sum of $204,427 in CDBG Entitlement Funds for the Reconstruction of Eisenhower Drive ($174,427), and public service funds for the Boys and Girls Club - La Quinta Unit ($30,000); or 3. Provide staff with alternative direction. Respectfully submitted, rry Hdrrhan C mmunity Development Director Approved for Submission by: Mark Weiss, Acting City Manager Attachment: 1. Supplemental Agreement C•\r`Lr..�A...FCTACC DCD/IDTC rNKII V\/'71 A-, 2 R� t, ATTACHMENT 1 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 File: 4.LQ031, 4.LQ032 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the CITY OF LA QUINTA, herein called "CITY," mutually agree as follows: 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated July 2, 2002, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said Cooperation Agreement dated July 2, 2002, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein. 2. PURPOSE. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $204,427, CDBG Entitlement Funds, as specifically identified in Exhibits A and B are attached hereto and consist of 3 pages (each), and by this reference are incorporated herein, for the projects: 4 LQ031 Reconstruction of Eisenhower Drive, $174,427. 4 LQ032 Membership Fees Waiver Reduction Program, $30,000. CITY shall obtain COUNTY's approval, through its Economic Development Agency, of the project plans and specifications prior to CITY's construction of same when a project consists of a construction activity. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period II of one (1) year from July 1, 2003 to June 30, 2004, and proceed consistent with the completion schedule set forth in Exhibits A and B. In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the schedule for the completion of the project may be extended by the period of the enforced delay. Times of performance may also be extended in writing by the mutual agreement of CITY and COUNTY. If Page 1 of 8 1-1C13 13 xi 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 substantial progress toward completion in conformance with the completion schedule, as determined I by COUNTY of the projects are not made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the Iprovisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A and B; (2) It is the CITY's responsibility to monitor the projects activity of Exhibits A and B to ensure compliance with applicable federal regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement. All disbursements of grant. funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation which supports expenditures. All authorized obligations incurred in the performance of the Agreement must be reported by June 4, 2004 for projects eligible under 570.201(e), Public Services; 3) The COUNTY will directly manage and monitor projects identified in Exhibits A and B. These projects have been determined to be Countywide, receiving grant funding from multiple sources; therefore, these projects will be managed and monitored by the COUNTY. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL 1 QUALITY ACT (.CEQA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable Page 2 of 8 4 I laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency 2 members and their respective agents, servants. and employees of and from any and all liabilities, 3 claims, debt; damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort 4 including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the 5 payment of attorney's fees, arising out of or in any manner connected with the performance by CITY 6 under this Agreement. 7 8. RECORDS AND INSPECTIONS. 8 a. CITY shall establish and maintain records in accordance with 24 CFR Part 570 and 9 Part 85 and OMB Circular A-87 as applicable and as they relate to the acceptance and use of federal 10 funds under this Agreement. 11 b. CITY shall maintain a separate account for CDBG Entitlement funds received as set 12 forth in Exhibits (A and B). 13 c. CITY shall, during the normal business hours, make available to COUNTY and to 14 the Department of Housing and Urban Development for examination and copying all of its records and 15 other materials with respect to matters covered by this Agreement. 16. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 17 of the Federal Code of. Regulations. Said program income shall be used only for the activities that are 18 the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. 19 e. The CITY shall ensure projects that are serving limited clientele (570.208(a)(2)(i), 20 that at least fifty-one percent (51 %) of the persons benefiting from the CDBG funded activities are of. 21 low and moderate income and meet the program income guidelines attached as Exhibits (A and B). 22 The CITY must provide the direct benefit documentation required. 23 9. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and any 24 amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the. 25 Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of 26 Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any 27 subsequent replacement. CITY is to abide by the provisions of the Community Development Block 28 Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. Page 3of8 165 1W 41 7 8 9 10. 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not terminate this Agreement except upon express written consent I of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph 11 a, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Upon suspension of this Agreement, CITY agrees not to incur any additional cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations Page 4of8 IN. %I l; 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 prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A -II of the County's CDBG Policy manual, attached hereto as Exhibit "Cl" and by this reference incorporated herein. c. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). 'd. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict, that may arise with respect to the CDBG activities funded under this Agreement. e. Any violation of this section shall be deemed a material breach of this Agreement, I and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity .that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG funds. 15. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use for a period of five (5) years from the date that the City is no longer a part of the urban COUNTY program. The CITY shall maintain an inventory for COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to Page 5 of 8 17 it2 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 27 28 notify and to require any lessee or assignee to notify Riverside County Workforce Development Center/JTPA and GAIN - Department of Public Social Services of any and all job openings that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated .numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. c. If CDBG funded Activity meets National Objective under 24 CFR 570.208 (a)(2)(i), SPONSOR shall report. the following: 1) Total number of direct beneficiaries (clientele served) who are: • Moderate income • Low income • Very -low income 2) Percent of the Low/Moderate income beneficiaries 3) Racial ethnicity of clientele 4) Number of Female Headed Households SPONSOR shall report beneficiary statistics monthly to EDA on the. pre -approved. Direct Benefit Form, and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to said SPONSOR by EDA should HUD implement changes during the term of this agreement. L Page 6 of 8 Is I 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 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. .20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take'such ministerial actions as may be necessary or appropriate to -implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. H H H H H H H H H H H H H H H H H H H H Page 7 of 8 16 9 I 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 21. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. DATED: ATTEST: Nancy Romero Clerk of the Board Bv: Deputy (Seal) DATED: ATTEST: SH:MT:amj SACDBG\4TH\03_Agreements and Ltr\LQ\SuppAgr_03_LQ.031-.032.doc COUNTY OF RIVERSIDE Bv: Chairman, Board of Supervisors CITY OF LA QUINTA By: Mayor Page 8 of 8 f EXHIBIT A Page 1 SUPPLEMENTAL AGREEMENT FILE: 4.LQ031 Sponsor• City of La Quinta Address• 78-495 Calle Tampico, La Quintal CA 92253 Project Title: Reconstruction of Eisenhower Drive Location• Eisenhower Dr. from Washington St. to Coachella Drive Description: Sponsor will utilize CDBG funds to reconstruct Eisenhower Drive that will include roadway reconstruction, sidewalks, and improving access and circulation in Redevelopment Plan Project Area No. 1. The project addresses a slum blighted area identified in the City Redevelopment Plan. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs $174,427.00 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency i TOTAL $174,427.00 V. EXHIBIT A Page 2 Timetable Implementation Schedule Milestone Prepare Plans & Specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion Start Date July 1, 2003 December 2003 March 2004 FILE: 4.LQ031 Completion Date November 1, 2003 February 2004 May 2004 June 2004 v-1 r) I12 r EXHIBIT A Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. ANNUAL COMMUNITY DEVELOPMENT PROGRAM 2. FROM PROJECT SUMMARY TO July 1, 2003 June 30, 2004 FILE: 4.LQ031 NAME OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 3. PERIOD OF APPLICABILITY 4. X Original (each year) Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATU: Reconstruction of Eisenhower 4.LQ031 Categorically Exempt Drive 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of La Quinta (760)777-7125 10. DESCRIPTION OF PROJECT: Sponsor will utilize CDBG funds to reconstruct Eisenhower Drive that will include roadway reconstruction, sidewalks, and improving access and circulation in Redevelopment Plan Project Area No. 1. The project addresses a slum blighted area identified in the City Redevelopment Plan. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (b) (1) 11. CENSUS TRACT (S) /ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Continue rehabilitation and reconstruction of Eisenhower Drive to improve circulation and in the Village area. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Facilities $174,427.00 14. Totals $174,427.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $174,427.00 1' 13 EXHIBIT B Page 1 SUPPLEMENTAL AGREEMENT Sponsor• City of La Quinta Address• 78-495 Calle Tampico, La Quinta,__CA 92253 FILE: 4.LQ032 Project Title• Membership Fees Waiver Reduction Program Location• 49-995 Park Avenue, La Quinta Description: 'Sponsor will provide financial assistance in the form of a fee reduction or waiver to low and moderate income families for day care (after -school services). Clients are identified through referrals and evaluations. Income and family size is documented. Project Budget: Total Budget CDBG Budget 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs -fees 9) Operation/Maintenance 10) Contingency TOTAL $30,000.00 $30,000.00 j 14 EXHIBIT B Page 2 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Start Date July 1, 2003 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement Program Services Complete FILE: 4.LQ032 Completion Date October 31-, 2003 January 31, 2004 `April 30, 2004 July 31, 2004 December 3, 2003 May 15, 2004 June 30, 2004 t EXHIBIT B Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. ANNUAL COMMUNITY DEVELOPMENT PROGRAM 2. FROM PROJECT SUMMARY TO July 1, 2003 June 30, 2004 FILE: 4.LQ032 NAME OF APPLICANT County of Riverside APPLICATION/GRANT NUMBER B-02-UC-06-0506 3. PERIOD OF APPLICABILITY 4. X Original (each year) Revision, Date Amendment; Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATU: Membership Fees Waiver 4.LQ032 Categorically Exempt Reduction Program 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of La Quinta (760)564-5555 10. DESCRIPTION OF PROJECT: Sponsor will provide financial assistance in the form of a fee reduction or waiver to low and moderate income families for day care (after -school services). Clients are identified through referrals and evaluations. Income and family size is documented. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a) (2) (i) (B) 11. CENSUS TRACTS)/ENUMERATION DISTRICTS) 12. ANTICIPATED ACCOMPLISHMENTS: Continue to provide financial assistance to approximately 115 low/mod youths that attend the La Quinta Unit Boys & Girls Club. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $30,000.00 14. Totals $30,000.00 $ $ 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $30, 000 . 00 1 Ai U 16 6 Prohibition Against Conflicts of Interest EXHIBIT CI , page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204 (c) ) , the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570-203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. paragraph consultant or of any under this (c) Persons covered. The (b) of this section apply to officer, or elected official designated public agencies, or part. conflict of interest provisions of any person who is an employee, agent, or appointed official of the recipient, subrecipients which are receiving funds (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 17 Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has' withdrawn from his - or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in.a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. :i& W • Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 2 of 2 ) TOPIC: CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4., indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. P'i 19 J- QU&S �c� 9ti5 OF Ti3ti COUNCIL/RDA MEETING DATE: December 16, 2003 AGENDA CATEGORY: ITEM TITLE: Consideration of Refurbishment BUSINESS SESSION: Options for the Village Parking Lot, Consent to Use CONSENT CALENDAR: of Funds from Redevelopment Agency Project Area No. 1 and Adoption of a Resolution Making Certain STUDY SESSION: Findings Pursuant to Health and Safety Code PUBLIC HEARING: Section 33445(a) RECOMMENDATION: Consent to the use of $309,210 from RDA Project Area No. 1; select Refurbishment Option Number 3 - Combination Turf and Pavement; direct staff to obtain the necessary plans, specifications and engineer's estimate from David Volz Design to install the proposed improvements to the Village Parking Lot; and adopt a Resolution making certain findings Pursuant to Health and Safety Code Section 33445(a). FISCAL IMPLICATIONS: The following represents the Staff recommended funding source: RDA Project Area No. 1 $309,210 Total Recommended Funding: $309,210 The following represents the proposed project budget: Construction: $229,000 Design: $22,900 Inspection/Test/Survey: $17,750 Administration: $1 1,450 Contingency: $28,110 Total: $309,210 Adequate funding is available from unassigned Redevelopment Project Area No. 1 S:\CityMgr\STAFF REPORTS ONLY\12-16-03\BS 1.doc 1190 BACKGROUND AND OVERVIEW: On October 1, 2002, the City Council accepted the Phase VI -A Village Commercial Area Improvements. The Phase VI -A Improvements included installing turf block and turf within the City -owned parking lot at the corner of Avenida Bermudas and Avenida Montezuma. During the course of the last several months, it has become apparent that the open celled turf block surface is not performing as desired as most of the turf grass planting in the open concrete cells has died. Continued vehicle traffic within the drive isles has led to over compaction of the cells preventing water from penetrating into the soil. Additionally, new commercial development within The Village will likely increase parking demand further, justifying improvements to the City's parking lot. In an attempt to address this situation, staff has obtained an evaluation and refurbishment recommendations from David Volz Design for the Village parking lot. The evaluation and recommendations prepared by David Volz are provided as Attachment 1. The evaluation provided three options: 1. Refurbish the existing surfacing; 2. Install a conventional parking lot; or 3. Install a combination turf and pavement parking lot. These options are discussed below: 1. Refurbish Existing Surfacing - Estimated Cost: $130,000.00 This option would refurbish the turf block and grass surface. Compaction problems would be corrected, modifications would be made to the irrigation system, and the grass would be re-established. A preliminary concept plan for Option 1 is presented as Exhibit 1 of the attached report. Staff believes selecting this option would solve the problem for the short term; however, continued use of the parking lot would result in a recurrence of the same problems currently being addressed. 2. Install Conventional Parking Lot - Estimated Cost: $434,780.00 (with shade Structures: $732,000.00) Option 2 would replace the existing turf block with asphalt concrete pavement. Enhanced landscaping would be installed along the parking lot perimeter to soften the look and reduce the heat gain on the site. Shade structures could also be included at an additional cost. The preliminary concept plan for this alternative is presented as Exhibit 2 of the attached report. S:\CityMgr\STAFF REPORTS ONLY\12-16-03\BS 1.doc 2 151 3. Combination of Turf and Pavement Parking Lot - Estimated Cost: $309,210.00 (with engineered soil with fiber reinforcement: $462,500.00, with filled cell pavement sections: $424,000) This option would use the turf block in the parking stalls to facilitate drainage while replacing the turf block within the drive isles and entries with asphalt concrete to provide a better wearing surface. This alternative would also provide an option to remove the turf block on the entire site and replace it with an engineered soil with fiber reinforcement; or, City Council could choose to replace the existing turf block with polyethylene grids which provide a much smaller exposed surface area and allow more soil in order to grow turf. The preliminary concept plan for this alternative is presented as Exhibit 3 of the attached report. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Consent to the use of $309,210 from RDA Project Area No. 1; select Refurbishment Option Number 3 - Combination Turf and Pavement; direct staff to obtain the necessary plans, specifications and engineer's estimate from David Volz Design to install the proposed improvements to the Village Parking Lot; and adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a); or 2. Consent to the use of $434,780 from RDA Project Area No. 1; select Refurbishment Option Number 2 - Conventional Parking Lot; direct staff to obtain the necessary plans, specifications and engineer's estimate from David Volz Design to install the proposed improvements to the Village Parking Lot; and adopt a Resolution making certain findings Pursuant to Health and Safety Code Section 33445(a); or 3. Consent to the use of $130,000 from RDA Project Area No. 1; select Refurbishment Option Number 1 - Refurbish Existing Surface; direct staff to obtain the necessary plans, specifications and engineer's estimate from David Volz Design to install the proposed improvements to the Village Parking Lot; and adopt a Resolution making certain findings Pursuant to Health and Safety Code Section 33445(a); or 4. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\12-16-03\BS 1.doc 3 Respectfully submitted, 1 4mothyy R. as , P.E. Public Works Director/City Engineer Approved for submission by: Mark Weiss, Acting City Manager Attachment: 1. Village Parking Lot Evaluation S:\CityMgr\STAFF REPORTS ONLY\12-16-03\BS 1.doc 4 183 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE REFURBISHMENT OF THE VILLAGE PARKING LOT 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 the Village commercial area; WHEREAS, the City Council accepted the Phase VI -A, Village Commercial Area Improvements, on October 1, 2002; and WHEREAS, the Redevelopment Agency participated in the funding of the Phase VI -A Commercial Improvements; and WHEREAS, the Phase VI -A Improvements included the installation of turf block and turf within the City -owned parking lot at the corner of Avenida Bermudas and Avenida Montezuma; and WHEREAS, the parking lot improvements are not performing as desired. Continued vehicle traffic within the drive isles has led to over compaction of the turf block cells preventing water from penetrating the soil; and WHEREAS, new commercial development within the Village will increase the parking demand and further exacerbate the problem; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to refurbish the Village Parking Lot; and WHEREAS, it would be in the best interest of the public to refurbish the Village Parking Lot. NOW, THEREFORE, BE IT RESOLVED, by the La Quinta City Council as follows: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council hereby authorizes Agency funding to be utilized for the refurbishment of the City -owned parking lot within the Village. SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: 5 18 Resolution 2003- Village Parking Lot Adopted: December 16, 2003 Page 2 A. The refurbishment of the Village Parking Lot is of benefit to the Redevelopment Agency Project Area Number 1. B. No other reasonable means of financing the improvements are available to the community. C. The refurbishing the Village Parking Lot will assist in the elimination of one or more blighting conditions inside the Project Area, including need for improvement to the infrastructure within the Village commercial area, and is consistent with the implementation plan adopted by the Agency pursuant to Health and Safety Code Section 33490. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of December, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 185 0 ATTACHMENT 1 LA QUINTA DOWNTOWN PARKING LOT EVALUATION AND RECOMMENDATIONS March 24, 2003 TABLE OF CONTENTS A. OVERVIEW/SUAR IARY B. EXISTING CONDITIONS C. LOPTIONS FOR REFURBISHMMT Prepared by 7 .SG Landscape Architects & Park Planners A. OVERVIEW AND SUbMARY I have reviewed the existing City parking lot at Avenedes Bermuda and Avenda Montezuma. The original opened cell concrete block surface is not performing as designed. The pavement is mostly flat and drivable, however the turf grass planting in the open concrete cells pavement has for the most part not survived. This type of installation requires regular maintenance, water management, fertilization, etc. Also, it appears that all vehicles traverse the same route which leads to over compaction in the main drive lanes. Taking measures to spread the traffic, i.e. cones or signs, may lessen these compaction problems. If a high level of maintenance was provided on site the original installation might have. been more successful. The options identified in this report provide alternatives for reestablishment of the turf over much of the lot by different mechanical and structural means. There are also suggestions of alternative development strategies to abandon some or all of the grass lot, yet make a positive landscape impression at this comer while maintaining the parking function. Any of the alternatives listed below would work well to make this lot "greener". The most straight forward alternatives involve paving of the drive isles and the most used portions of the lot and reestablishment of the turf grass in the least used parking areas. B. EXISTING CONDTIONS The P=isting parking lot is located on the north end of )wn between commercial and retail developments e city's newly renovated Park. It is adjacent to 3as Bermuda Street on the east, Aveneda Nararro on st and Aveneda Montezuma on the south. To the s a developed residential lot. The two acre lot is dy flat with a slight slope to the northeast. There is a bus stop located on Aveneda Bermudas Street near the southeast comer of the lot. The parking lot has two entry/exit points on the east and west side. It has an open celled concrete paver surface with some Bermuda grass growing in the open cells. There are irrigation heads within the. paved surface designed to provide water to the ere La Quinta - 2 - Downtown Parking Lot Study 8 grass. The lot is surrounded by concrete curbing and there are a few tree wells in the middle of the lot, though there are no plantings in them or in the apparent planting areas around the perimeter of the, lot between the curbs and the street sidewalks/right of ways. LOT SURFACE EVALUATION The concrete pavers appear to be in good condition though some areas of unevenness were noted on a recent site review. There were thin stands of Bermuda noted in many of the open cell voids, however all Bermuda was absent from the drive isle areas. The best stands of grass were noted in .the easterly, lowest section of the parking lot and the south easterly comer where cars are often parked during the day. One theory is that the soils in these areas have a higher moisture due to collection of runoff or shade from the automobiles during some daylight hours. The soils in the open cells should be tested by an agricultural soils lab on an annual basis to determine fertilization and maintenance program improvements. C. OPTIONS FOR REFURBISHMENT 1. Refurbish Existing Surfacing The refurbishment of the turf block and grass surface is feasible utilizing any one of a number of remedies outlined below. A rescue of the existing planting could be attempted but there will be more cost involved than reseeding the turf. Compaction problems will have to be relieved by some mechanical means. . The soils will need amending based upon a soils report. Re-establishment of the grass may require some irrigation modification and repair which will add to the refurbishment effort. The turf grass in the drive isles has not been successful and modification of the surface to a solid more conventional surface, i.e. concrete or asphalt, should also be considered. See the Option 1 Exhibit for this proposed layout. 2. Install Conventional Parking Lot A solid pavement parking lot could be installed by removing the existing surfacing and installing asphalt or concrete in its place. The new parking lot could have planting spaces and surrounding landscape to soften the look and reduce the heat gain on site. A preliminary concept plan for this alternative is shown on the Option 2 Exhibit. 2a. New Lot with Shade Structures Nvs La QWnta - - 3 - Downtown Parking Lot Study S 3 9 This lot is located on an important piece of property in the downtown district. There are opportunities to add to the character and vision of the downtown through redeveloping this lot. Landscaping and edge treatments would greatly improve -the aesthetic appeal of the lot. The introduction of some architectural element could further add identity to the downtown district. A design solution could include parking shade structures resembling the city hall structures. The elements and plantings might also borrow from the new park landscape and features located just southwest of the site. Preliminary ideas .for this solution could be developed to show a range of options at this site. The type of development described could be as extensive as the needs or the budget might dictate. A sample of what might be a solution is shown on the Option 2 Exhibit. 3. Combination Turf and Pavement A parking area made up of some portion of paved drive isles and some paved stalls as well as some grass areas is possible. The most heavily trafficked areas to the west could be all paved with the easterly stalls having permeable surfaces. The open celled turf block could be refurbished for the permeable pavement areas. Or some other permeable, drivable, growing medium. could be installed. There are systems of soil stabilization such as turf grids and fabric reinforced soils which would allow for full turf coverage. This combination of paved and unpaved could be designed to allow the turf. grass portion to be a bio-filter area. , The hard surface runoff could be drained to the turf areas. This would allow for some beneficial cleaning of the runoff water. See Option 3 Exhibit for a possible layout of this proposal. As with the conventional pavement option, trees and shrubs could be added to soften the appearance and provide some shade. 3a. Engineered Soil with Fiber Reinforcement This alternative would involve removal of the turf block pavement existing on the site and replacing this with a new soil based surface. The drive isles are recommended to be paved with conventional concrete -or asphalt. The remainder of the lot would receive 6" to 8" of an engineered soil medium which contains reinforcing fibers. This special mix allows for high load bearing applications, good soils drainage capabilities and is not visible on the surface. One trade name for this type of product is DVD La Quinta - 4 - Downtown Parking Lot Study 10 Netlon which has been installed for overflow parking lots at many venues around Southern California including Santa Anita Racetrack and the Rosebowl.. Brochure is attached in the appendix section. 3b. Cell -filled Pavement Section Alternatives Polyethylene grids (a recycled product) or several other cellular based systems work similarly to the existing turf block. The differences is that most of these alternatives have a much smaller exposed surface area once installed, thereby allowing for more soil to grow turf grass. There is also the advantage that the thermal heat gain in the existing cement block system may have been contributing to the poor health of the existing turf. Some of this heat problem will be reduced with a higher percentage of soil material. The material of this option will require removal of the existing turf block and replacement with an open cell system. The cells could be made from polyethylene or engineered fabrics. The fill material which provides strength, is a small aggregate base material which is then topped with some soil for turf grass installation. Even with this option the main isle ways should receive conventional pavement. Literature on this option is attached in the appendix section. Order of Magnitude Budget Estimates Parking lot size Estimated at 60,000s.f. 1. Refurbish Existing Conditions Refurbish turf block installation Including Irrigation System and the paving of Parking Main Drive. Budget Estimated Option 1 1. Refurbish and reinstall turf block 2. Refurbish irrigation system 3. Pave main drives (7,000 S.F) 4. Design Services and contingency (25%) Estimated Cost Option 1 2.. Install Conventional Parking Lot Estimate $ 53,000 $ 10,000 $ 14,000 19,250 $ 96,250 Remove existing surface materials and install paved parking lot with interior trees and perimeter plantings ovs . La Quinta Downtown Parking Lot Study -5- Budget Estimated Option 2 Es_ 1. Demolition and removal $ 60,000 2. New pavement (asphalt 55,000 S Y) $1109000 3. Tree and shrub planting and irrigation (14,500 S.F.) $ 729500 4. New sidewalk (3,000 S.F.) $ 159000 5. Design Services and contingency (25%) 64,500 Estimated Cost Option 2 $3229000 2a: New lot with Shade Structures Parking, shade structures, architectural design elements, enhance plantings and perimeter treatments Budget Estimate4 Construction Cost Option 2c Estimate 1. All items listed in Option 2 above $322,000 2. Shade structures (8,800 S.F.) $2209000 Estimated Cost Option 2a $542,000 3. Combination Turf and Pavement Pave drive isle and refurbish or Replace turf block Budget Estimated Option 3 Estimate 1. Demolition and Removal $ 60,000 2. New pavement (asphalt 14,500 S.F.) $ 299000 3. Refurbished turf block pavement (45,500 S.F.) $ 459,500 4. Tree and shrub planting (9,600 S.F.) $ 489000 5. Design Service and contingency (25%) 45,625 Estimated Cost Options 3 $228,125 Alternative Turf Pavement Options 3a. Engineered Soil with .fiber reinforcement 1. Demolition and Removal $ 601,000 2. New pavement(asphalt 14,500 S.F.) $ 29,000 3. Reinforced soils pavement $136,000 4. Tree and shrub planting (9,600 S.F.) $ 489500 5. Design Service and contingency (25%) 68,500 Estimated Cost Options 3a $3429500 ®vb La Quinta Downtown Parking Lot Study -6- 12 191 3b. Filled- Cell Pavement Section Alternatives 1. Demolition and Removal $ 601,000 2. New pavement (asphalt 14,500 S.F.) $ 29,000 3. Filled cell pavement (45,500 S.F.) $1139,750 4. Tree and shrub planting (9,600 S.F.) $ 48,500 5. Design Service and contingency (25%) 62,800 Estimated Cost Options 3b $314,050 ®v0 La Quinta Downtown Parking Lot Study -7- 1390 141 193 6 • 2 El N= Q Rai adIE z c �-• �CL tn 29 -C - '9' CL Pu •v 0. 0 i sdonw838 oaadnrN � doiN�nv — { sVonnaas V i I I � # Y 02l21V/l VN VOIN%V fi jo l./ lJ cu 4 44P aums COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Consideration of Red Light Violation Sign Installation RECOMMENDATION: As directed by City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: None for this action. The cost of installing four of these signs at a typical intersection would be approximately $600. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As requested by City Council, the City Traffic Engineer has evaluated installing red light violation signs as depicted in Attachment 1. The purpose of installing such signs would be to deter drivers from running red traffic signal lights, thereby reducing the potential for broadside collisions at signalized intersections. There are a number of considerations regarding deployment of red light violation signs: 1. Although similar signs have been used to notify drivers of fines associated with certain types of traffic violations, their effectiveness appears to be limited over the long-term. The most commonly used sign is the one that notifies drivers of the $271 violation for violating the requirements of High Occupancy Vehicle Lanes (HOV) on freeways throughout Southern California. During peak traffic congestion, these signs are frequently ignored because the California Highway Patrol has provided very ' limited enforcement and the incentive for single occupant drivers to use the lanes to reduce travel times is very strong during periods of more severe traffic congestion. 19O S:\CityMgr\STAFF REPORTS ONLY\12-16-03\BS 10.doc 2. The red light violation signs could be deployed at the major gateways into the City, such as Washington Street, or the approaches to signalized intersections with the highest number of broadside collisions. It is anticipated that the impact of these signs will be short lived unless the Police Department can provide highly visible enforcement efforts. Placing orange flags on the signs could improve their long term impact on driver behavior but the flags become a maintenance problem as they are frequently stolen or damaged. The flags may also be regarded as unsightly by local residents. 3. A number of cities in Southern California have recently installed automated enforcement systems based on digital camera technology. The systems are a turn -key type operation whereby vendors install all the equipment at their cost, process the traffic tickets and collect the fines. A portion of the revenues are retained by the vendors as a reimbursement for the upfront capital installation costs. For such a program to be successful and withstand legal challenges, signs have to be installed at each intersection where the automated system is used notifying drivers of the presence of red light cameras. The yellow signal clearance intervals must meet minimum federal standards and the processing of the traffic violation citations must be overseen by the Police Department. The Institute of Transportation Engineers has recently published an informational report on how automated enforcement programs should be properly implemented should the City Council decide to embark on such a program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Do not install red light violation signs; or 2. Install red light violation signs at major intersections along streets as recommended by City Council; or 3. Deploy the red light violation signs as part of an automated enforcement program; or 4. Provide staff with alternative direction. 2 Respectfully submitted, imothy FGOona6kon, P.E. Public Works Director/City Engineer Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Sample of Red Light Violation Sign T:\PWDEPT\COUNCIL\2003\12-16-03\BS 10.doc 3 198 ATTACHMENT 1 Red Light Violation Sign T:\PWDEPT\COUNCIL\2003\12-16-03\Red Light Violation Sign -doc 4 COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Consideration of Participation in the Senior Inspiration Awards RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: C9 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the City of La Quinta's participation in the "Senior Inspiration Awards" Program and the selection of Alice Bailes Bell as the City's nominee for the program. FISCAL IMPLICATIONS: The "Senior Inspiration Awards" program is requesting the City purchase two tables for ten people at the event for $2,500 which includes the contribution toward the award for the recipient as provided in Attachment 1. The Community Services Department budget contains a line item "Desert Senior Inspiration Awards," Account #101-202-609-000, which has $700 to sponsor this event. The additional $1,800 for this program can be allocated from the Special Projects Contingency Account #101-251-663-000, which has an uncommitted balance of $3,000 as of this report. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The "Senior Inspiration Awards" program was formerly known as the "Living for Your 90's" Senior Inspiration Award program, and provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley. As in the past, the "Friends of the La Quinta Senior Center" have selected a recipient for City Council consideration. Alice Bailes Bell has been nominated as an outstanding senior candidate who has met the following criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Attachment 2 provides a brief biography of Ms. Bailes Bell, which will be printed in the program provided at the Senior Inspiration Luncheon to be held on March 31, 2004. The cost increase for the program was determined at a CVAG meeting in June 2003, as noted in Attachment 1. The Regional Access Program, that administers the program estimates $2,500 from each entity would provide the funds necessary to host the event. The City of La Quinta has sponsored this event since the program's inception in 1993. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City of La Quinta's participation in the "Senior Inspiration Awards" program, appropriate $1,800 from the Special Projects Contingency Account and the selection of Alice Bailes Bell as the City's nominee for the program; or 2. Do not approve the City of La Quinta's participation in the "Senior Inspiration Awards" program; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, Co unity Services Director Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Letter from Supervisor Roy Wilson Regarding the "Senior Inspiration Awards" 2. Nomination Form: Alice Bailes Bell�� , ,�; 12/05/2003 08:41 7608638905 SUPERVISOR WIL RmR$IDE OFFICE: 4030 Lemon Stree414th Floor Rtver3lde, C 92502-1647 (909) 955.1040 Fox (909) 955-2194 Mayor Don Adolph City of La Quitnta 78-495 Calle Tampico La Quinta, California 92253 Dear Mayor Adolph: Jft of *a1ritt SYJ PERVISOR ROY WILSON FOURTH D2STwcT November 18, 2003 ATTACHMENT 46-240 0%* Street, Ste. 318 ]End:Io, CA 92201-5933 (760) N"211 Fax (760) 8634M The County of Riverside and the nine incorporated cities of the Coachella Valley have started planning for next year's Senior Inspiuration Awards. The luncheon will be held March 31, 2004 at the Hyatt Grand Cpions Resort in ludian Wells. We eagerly look forward to another successful event in the tradition of prior years' successes. Each City, s involvement in the selection process and participation in, the program is essential. At the Mayors and City Managers meeting in June 2003, each city agreed to take on the sponsorship needed to continue this event. At a subsequent meeting, the amount of city sponsorship was set at $2,500, We are counting on your participation to make next year's event a great success. To this end, we are again asking each City to select one Individual man or woman outstanding senior recipient who meets the following criteria: Your honoree must be at least 70 years old; Reside in your city; Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; a Personify a healthy, active, and contributing attitude and lifestyle We ask that each city provide a brief summary (maximum 150 words) on why you (the City) chose that person. ,A. nomination form is enclosed, and should be returned by Friday, January 9, 2004. This information will be incorporated into the program, which will be distributed to all attendees at the Awards Luncheon. The $2,500 City Sponsorship package includes two tables for 10 (total 20 guests), the city's contribution toward the recipient's gdi listing in the event program, and recognition at the event. It is suggested that Table One include your recipient and their one guest, City elected officials and/or staff; and Table Two for family members of your recipient and/or additional city staff or other city guests. Checks should be made out to Senior Inspiration Awards, and mailed to Nora Matlock, RAP Foundation, 42-600 Cook Street, Palm Desert, C,A. 92211. An invoice is enclosed. We must receive your sponsorship check by January 9, 2004. We are also seeking corporate sponsors for this event. ,A. letter has been enclosed for potential contributors of which you may be aware. You may contact Lynda Kerney in zoy office at (760) 863-8211 should you require any fuu Cher information about sponsorships or have any questions. We loop forward to your participation in this most unique tribute to our seniors. S - ly, Roy Wilson Fourth District Su 'sor P.S. - .A. City may seek a sponsor for its financial commitment. encl. IrrMRNEr: dbb*t4@co.rivcX6ide ca.us n r, 11.14.03 Attn: Marilyn ATTACHMENT 2 Here is ,the information you asked for. I was born in Warren, Ohio on July 23, 1922. Moved to California in August,1955. Went to work for Bank of America in June,1956. Managed the Avalon Branch of Marina Federal Savings & Loan, Catalina Island I transferred from the Paso Robles, Crocker National Bank, to open the Bank's Indian Wells escrow office in Dec.,1978. While there I processed the escrow for sale of land on Washington to the Catholic Diocese (the site of St. Francis of Assisi.) From 1980 to 1986, I was a contributing writer to the Indio Daily News. This included LQ city council meetings as well as personality profiles for the newspaper. In 1980 I published Ryme and Thought, my first book of poetry and established The Marcella Press to publish - my -own work with -intent to build -it -into- a biographical publishing company. I operated part time from my home. In 1981, the Bank wanted to restructure and closed the Indian Wells Escrow Office. They offered me a transfer to Palm Springs Office escrow department.. I declined. In 1983 I opened The Marcella Press office on Calle Estado. When Larry Allen became Mayor he asked me if I would organize a Historical Society for the City. I agreed. I was elected its first president. Presently I am a Life Member of the La Quinta Historical Society, a member of the Chamber of Commerce, Senior Center, and Niner's Golf Club. List of Awards: Student member of the National Honor Society Essay contest -ninth annual National Eisteddfod Contest Crocker National Bank State Speech Contest Listed in: Who's Who of California Who's Who of California Executive Women The International Who's Who of Intellectuals Elected into the International Poetry Hall of Fame La Quinta Historical Society named its student literary contest Alice Bailes Bell Literary contest I was the producer & camera person for the TV Video The Rolling Sculpture Presented The Paul Harris Fellow Award by the La Quinta Rotary Club. Books published : Ryme and Thought La Quinta Historical Society Literary Contest 2000 (This was one of the few student contest books that has been copyrighted.) Chalice of Thought I have two children, Roger and Faith, two grandsons, a great grandson, and great granddaughter. #Alice COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Consideration of Adoption of a Resolution Setting the Time and Place for a Joint Public Hearing on the La Quinta Redevelopment Project No. 2 Redevelopment Plan Amendment RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council that establishes the time and place for a joint public hearing with the La Quinta Redevelopment Agency regarding the proposed Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2. FISCAL IMPACT: None. BACKGROUND AND OVERVIEW: In July of this year, the La Quinta Redevelopment Agency initiated an Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2. The purpose was to increase the cumulative tax increment limit from the current $400,000,000 to $1,500,000,000. Revenue projections indicate that the existing revenue limit will be achieved approximately 20 years prior to the expiration of Project No. 2. This would severely impact the Agency's ability to repay outstanding bonds and loans. The documents required to process the Amendment have been processed through the Planning Commission and taxing agencies. Prior to final consideration of the Amendment, the California Redevelopment Law -:.I toy+ i1 requires that the City Council and Redevelopment Agency hold a public hearing to receive testimony both for and against the Amendment. The attached resolution establishes January 20, 2004 as the time for the public hearing. In order to answer questions and surface community concerns, staff will be holding a community meeting on Wednesday evening, January 7, 2004. To date, the Agency has reviewed and approved a Preliminary Plan and Preliminary Report that outline the reasons for this Amendment. Further, the Planning Commission reviewed and approved the Preliminary Plan, on September 9, 2003, and on December 9, 2003, voted unanimously to recommend approval of the Amendment. In 1989 the City Council approved La Quinta Redevelopment Project No. 2, which generally encompasses properties between Washington Street and Jefferson Street, from Avenue 50 to the north City limits. The purpose was to stimulate economic development through primarily funding street and drainage improvements, and to assist the City of La Quinta with achieving its housing mandates through funding affordable housing projects and programs. When Project No. 2 was established, a limit was included on the total amount- of tax increment revenue the Agency may receive from Project Area No. 2. Financial projections were prepared that assumed average annual property value growth of 5 % during the 50-year term of the Redevelopment Plan. Based upon these projections, a $400,000,000 tax increment revenue limit was established. Growth, however, exceeded this forecasted rate and tax increment revenue projections indicate that the $400,000,000 tax increment limit will be achieved by fiscal 2020-21, or earlier, if annual growth exceeds 3% per annum. Reaching the tax increment limit impacts Project No. 2 in the following ways: • The term of the Redevelopment Plan runs until May 2039. If the tax increment limit is reached before then, the Agency must cease all non - housing redevelopment activities in Project Area No. 2, including repaying outstanding General Fund loans. • Project No. 2 has two outstanding bond debt obligations: the 1995 Housing Bonds of which it is scheduled to fund 21.3 % of annual debt service payments until fiscal year 2025-26, and the 1998 non -housing bonds of which it is scheduled to fund 100% of annual debt service payments until 2033. These bonds must be repaid and if the tax increment limit is not increased, then the Agency must establish a sinking fund starting in 2014 to retire these bonds. All non -housing revenue would be encumbered for this purpose leaving no funds to repay City General Fund loan obligations. • The Agency cannot issue new housing bonds that pledge Project No. 2 housing fund revenue. This would severely impair the Agency's ability to meet its affordable housing obligations. Project No. 2 has the projected capacity to support an additional $57.0 million of housing bonds during the remaining term of the Redevelopment Plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City of La Quinta that establishes the time and place for a joint public hearing with the La Quinta Redevelopment Agency regarding the proposed Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2; or 2. Do not adopt a Resolution of the City of La Quinta that establishes the time and place for a joint public hearing with the La Quinta Redevelopment Agency regarding the proposed Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2; or 3. Provide staff with alternative direction. Respectfully submitted, r-- erry D. erman, Community levelopment Director Approved for submission by: Mark Weiss, Acting City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING THE TIME AND PLACE FOR A JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY REGARDING THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINTA REDEVELOPMENT PROJECT NO. 2 WHEREAS, the La Quinta Redevelopment Agency ("Agency"), is a redevelopment agency (a public body, corporate and politic) duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000 of the Health and Safety Code of the State of California); and WHEREAS, the Redevelopment Plan for La Quinta Redevelopment Project No. 2 ("Redevelopment Plan") was adopted on May 16, 1989 by Ordinance No. 139 of the City of La Quinta ("City"), which established a redevelopment project known and designated as La Quinta Redevelopment Project No. 2 ("Project No. 2"); and WHEREAS, the Agency desires to consider an amendment to the Redevelopment Plan that increases the limitation on the number of dollars to be allocated to the Agency from Project No. 2; said amendment would not modify the boundaries of Project No. 2; and WHEREAS, Section 33355 of the Community Redevelopment Law authorizes a joint public hearing on the amendment to the Redevelopment Plan with the consent of the City Council of the City of La Quinta and the Agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: 1. Each of the above recitals is true and correct and this Council so finds and determines. 2. The City Council hereby consents to holding a joint public hearing with the Agency on January 20, 2004 at 7:00 p.m., or shortly thereafter, in the City Council chambers, for the purpose of considering an amendment of the Redevelopment Plan for La Quinta Redevelopment Project No. 2. 3. The City Manager is hereby authorized and directed to give notice of the joint public hearing in the form and manner required by the Community Redevelopment Law. 4 Resolution 2003- Redevelopment Plan Amendment Joint Hearing Adopted: December 16, 2003 Page 2 PASSED, APPROVED and ADOPTED this 16th day of December, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta S:\CityMgr\STAFF REPORTS ONLY\BS7 (cc) reso.doc 5 Resolution 2003- Redevelopment Plan Amendment Joint Hearing Adopted: December 16, 2003 Page 3 CITY CLERK'S CERTIFICATE RE: ADOPTION OF RESOLUTION STATE OF CALIFORNIA ) )Ss. COUNTY OF RIVERSIDE ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said City Council at a regular meeting of said City Council held on the 16th day of December, 2003. AYES: NOES: ABSENT: ABSTAIN: JUNE S. GREEK, CMC City Clerk City of La Quinta (SEAL) STATE OF CALIFORNIA ) )Ss. COUNTY OF RIVERSIDE ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. RA of said City Council and that said Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. Dated: , 2003 JUNE S. GREEK, CMC City Clerk City of La Quinta (SEAL) S:\CityMgr\STAFF REPORTS ONMBS7 (cc) reso.doc 6 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 16, 2003 CONSENT CALENDAR: ITEM TITLE: Consideration of an Amendment to the Memorandum of Understanding on the Coachella STUDY SESSION: Valley Fringe -Toed Lizard Habitat Conservation Plan PUBLIC HEARING: Regarding "Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard" to Provide an Extension of the Current MOU until March 15, 2005 RECOMMENDATION: Approve the Amendment and authorize the Mayor to sign the necessary documents. FISCAL IMPLICATIONS: The extension will continue the City's collection of $600 per acre for the preserve. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In spring of 2001, CVAG, its member cities, and the County of Riverside entered into a Memorandum of Understanding (MOU) with the California Department of Fish and Game and the United States Fish and Wildlife Service (FWS) which amended the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan and had an expiration date of September 1, 2002. A subsequent Amendment extended the MOU and its assurance from the FWS that the permit for "take" of the Coachella Valley Fringe -toed Lizard would not be suspended or revoked until December 31, 2003. This extension until March 15, 2005 will continue the assurance that no action will be taken, providing regulatory certainty to developers and local governments while the Coachella Valley Multi -Species Habitat Conservation Plan ("CVMSHCP") is completed. It is anticipated the CVMSHCP will be completed by the end of 2004. For a jurisdiction to be a party to this extension, it must execute the Amendment by December 31, 2003. The matter is before the City Council for their consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Amendment and authorize the Mayor to sign the necessary documents; or 2. Do not approve the Amendment nor authorize the Mayor to sign the necessary documents; or 3. Provide staff with alternative direction. Respectfully submitted, .tor Approved for submission by: Mark Weiss, Acting City Manager Attachment: 1. Amendment to the MOU `AV L 2 r� ATTACHMENT MI October 24, 2003 AMENDMENT TO MEMORANDUM OF UNDERSTANDING Among THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN .WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE . COACHELLA VALLEY FRINGE -TOED LIZARD 1. AMENDMENT OF PRIOR MOU: As to the rights and obligations of the signatories hereto, the Memorandum of Understanding Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard (MOU) previously executed by the Parties on or about May 30, 2001 is hereby amended. II. EXTENSION OF TERM OF MOU: The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on, March 15, 2005 or upon issuance by FWS and CDFG of take authorizations for the MSHCP, whichever occurs first. The extension of the term of the MOU shall be applicable only as to those jurisdictions that execute this amendment on or before December 31, 2003. r) I r.+ 3 4. 40 0 III. MISCELLANEOUS: A. All other terms and conditions of the MOU shall remain in full force and effect. B. As used herein, the term "jurisdiction" refers to the Cities and County that were parties to the MOU. C. The terms used herein shall have the same meaning as defined in the MOU. DATED ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF CATHEDRAL. CITY I: CITY OF COACHELLA LM CITY OF DESERT HOT SPRINGS CITY OF INDIAN WELLS I0 4 DATED: ATTEST: DATED: ATTEST: DATED ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF INDIO By CITY OF LA QUINTA By CITY OF PALM DESERT By CITY OF PALM SPRINGS By CITY OF RANCHO MIRAGE By COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: COUNTY OF RIVERSIDE By CALIFORNIA DEPARTMENT OF FISH AND GAME By U. S. FISH AND WILDLIFE SERVICE By CENTER FOR NATURAL LANDS MANAGEMENT By �: 6 ...... Sep 5 of �9w COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Consideration of Interview Schedule for Golf Course Management Firms for SilverRock Ranch RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select a "short list" of golf course management firms for SilverRock Ranch and identify potential interview dates. FISCAL IMPLICATIONS: None for this action. Pursuant to the Consultant Selection Process, cost proposals from the interviewing firms were opened after the Committee had ranked the firms. Proposed fees varied, but generally ranged from $5',000 to $10,000 per month plus, in many cases, a percentage fee on revenue generated at the course. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities such as SilverRock Ranch. BACKGROUND AND OVERVIEW: The City Council authorized distribution of a Request for Proposals (RFP) for Golf Course Management Services and identified a Consultant Selection Committee at its November 4, 2003, meeting. The RFP outlined desired services including pre -opening tasks to monitor construction and supervise "grow -in" and, after opening, day-to-day maintenance and operational services. The City Council requested that the Committee bring forward two to four firms for Council interview and final selection. �1u The RFP was distributed to a list of interested firms, advertised in the Desert Sun, and made available on the project website. The City received twelve proposals, which are available for review in the City Clerk's Office: ■ Arnold Palmer Golf Management ■ Cavner-Cook Golf Management ■ Donovan Brothers Golf ■ JC Resorts ■ Kemper Sports ■ Landmark Golf Management ■ Michael McGinnis ■ OB Sports ■ One Source ■ Troon Golf ■ ValleyCrest & ES Partners ■ Western Golf The Consultant Review Committee ranked the submittals and invited seven firms to interview with the Committee: ■ Arnold Palmer Golf Management ■ JC Resorts ■ Kemper Sports ■ Landmark Golf Management ■ OB Sports ■ Troon Golf ■ Western Golf Interviews were conducted with six firms (Kemper Sports withdrew) on Thursday, December 4, 2003. Subsequent to the interviews, the Committee ranked the firms and recommended three for interview with the City Council: ■ Troon Golf ■ OB Sports ■ Landmark Golf Management Staff recommends that the City Council select a date and schedule interviews with Troon Golf, OB Sports, and Landmark Golf Management. 2 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to invite selected golf course management firms to interview before the City Council on a specified date; or 2. Do not authorize staff to invite selected golf course management firms to interview; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Acting City Manager 21� 3 LOP OF T1�9ti' COUNCIL/RDA MEETING DATE: December 16, 2003 AGENDA CATEGORY: ITEM TITLE: Consideration of City Council Reorganization, BUSINESS SESSION: 1 Selection of Mayor Pro Tern to Serve a Term as Provided CONSENT CALENDAR: by Resolution No. 98-109 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The provisions set forth on Page 6 of Resolution No. 98-109, (Attachment 1) require that in accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each General Municipal Election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes provided, however, that the office of Mayor Pro Tempore shall automatically be reconsidered by the Council in each odd numbered year. 010 Council Member Stanley Sniff was selected by the Council to serve as Mayor Pro Tern in December of 1999, 2000, 2001, and 2002. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109; or 2. Do not select a Mayor Pro Tern to serve a term as provided by Resolution No. 98-109; or 3. Provide staff with alternative direction. Respectfully submitted, June S. breek, CIVIC City Clerk Approved for submission by: LNI V Q-..�►�, Mark Weiss, Acting City Manager Attachments: 1. Resolution No. 98-109 2 ATTACHMENT 1 RESOLUTION NO. 98-109 1 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No. 93-95, No. 95-30, No. 96-26, No. 97-79, and No. 98-68A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at 2:00 p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such . meeting shall be held at the same hour on the 'next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. r 3 Resolution No. 98-109 10/6/98 Page 2 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. Notice of ' special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following three locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; (2) on a public bulletin board located at Albertson's Supermarket on Highway 1 11; and (3) the Chamber of Commerce Village office. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and. (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. r Resolution No. 98-109 10/6/98 Page 3 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). 1.7 CLOSED SESSION MINUTES: Pursuant to Section.54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS 5 ;3 Resolution No. 98-109 1016/98 Page 4 order. *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of * These portions of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the- Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council Resolution No. 98-109 10/6/98 Page 5 Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide, an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. 7 0 .1 M- �ti�a Resolution No. 98-109 10/6/98 Page 6 Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. • : • • •T4 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. Resolution No. 98-109 10/6/98 Page 7 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. - The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at -all times. No person is allowed to speak who has not first been. recognized by the Chair. All questions and remarks shall be addressed to the Chair. 6i 1L A1N 6 _ 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is. raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member. 8 Resolution No. 98-109 10/6/98 Page 8 (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Resolution No. 98-109 10/6/98 Page 9 Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex-officio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may, order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news..media, except those participating in t-he disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE: The right of a member to address the Counc.i.l on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. Resolution No. 98-109 10/6/98 Page 10 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons ... if 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. �iI 10 LCA I ■1 *8161110 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 12 40 ! j Resolution No. 98-109 10/6/98 Page 11 5.2 TIME LIMITATION:. For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5'.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 13 Resolution No. 98-109 10/6/98 Page 12 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 14 Resolution No. 98-109 10/6/98 Page 13 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain . Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 15 Resolution No. 98-109 10/6/98 Page 14 7.3 RECONSIDERATION: Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. If the motion to reconsider passes then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions' The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and " motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to locally as a. "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, 16 Resolution No. 98-109 10/6/98 Page 15 numbered in sequence and preserved in a separate set of books. Such " resolutions "are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for. presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. �, r17 Resolution No. 98-109 10/6/98 Page 16 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. 10. POLITICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the . l8 Resolution No. 98-109 10/6/98 Page 17 knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council, Chambers and Council Member offices. 4. 1 ._ 1 To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 6th day of October 1998 by the following vote: AYES: - Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None r JOH ENA, Maor City of La Quinta,. California Resolution No. 98-109 10/6/98 Page 18 ATTEST: AUNDRA L. JU OLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: /Y / DAWN C. CHONEYW LL, City Attorney City of La Quinta, California 0, Aw%.w 20 BUSINESS SESSION ITEM: g ORDINANCE NO. 393 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING AND REPLACING SECTION 6.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO DISTURBANCES BY CONSTRUCTION NOISES THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 6.08.050 of the La Quinta Charter and Municipal Code is hereby repealed and replaced as follows: 6.08.50 Disturbances by construction noises A. It is a nuisance and it is unlawful, for any person to be engaged or employed, or for any person to cause any other person to be engaged or employed, in any work of construction, erection, alteration, repair, addition to, or improvement to realty, except between the hours set forth as follows: October 1st Monday - Friday: seven a.m. to Through five -thirty p.m. April 30th Saturday: eight a.m. to five p.m. Sunday: none Code Holidays*: none May 1' Through Monday -Friday: six a.m. to seven September 30th p• m• Saturday: eight a.m. to five p.m. Sunday: none Code Holidays*: none c.W .; 0 Ordinance No. 393 Municipal Code Amendment Section 6.08.050 Construction Noise Disturbances Adopted: December 16, 2003 Page 2 *For purposes of this section, the following shall be considered Code Holidays: New Year's Day (January 1) Dr. Martin Luther King Jr. Day (third Monday in January) President's Day (third Monday in February formerly Washington's birthday) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veteran's Day (November 1 1) Thanksgiving (fourth Thursday in November) Christmas Day (December 25) B. No person doing or causing work prohibited by subsection A of this section, after being informed orally or in writing that the work is in violation of Section A, shall fail, refuse or neglect to cease said work. Exceptions: 1. Emergency repair of existing installations or equipment or appliances; 2. Construction work complying with the terms of a written early work permit which may be issued by the city manager or his designee, upon showing of sufficient need due to hot or inclement weather, or the use of an unusually long process material, or other circumstances of unusual and compelling nature. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t' day of December 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: to Ordinance No. 393 Municipal Code Amendment Section 6.08.050 Construction Noise Disturbances Adopted: December 16, 2003 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 393 Municipal Code Amendment Section 6.08.050 Construction Noise Disturbances Adopted: December 16, 2003 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 393 which was introduced at a regular meeting held on the 2"d day of December, 2003, and was adopted at a regular meeting held on the 16th day of December, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California BUSINESS SESSION ITEM: ORDINANCE NO. 394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENTS TO SECTIONS 9.160.020 (TABLE 9-17.7), 9.40.040 (TABLE 9-1), 9.60.100 AND 13.12.160(B) OF THE LA QUINTA MUNICIPAL CODE ZONING ORDINANCE AMENDMENT 2003-079 CITY OF LA QUINTA THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. These Municipal Code Amendments clarify and carry out the intent of the Code to comply with current practices, or streamline the entitlement process; and SECTION 2. That the La Quinta Municipal Code, be amended as contained in the attached Exhibit "A"; and SECTION 3. Environmental Determination. This Ordinance has compiled with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" in that the Community Development Department has determined that the Amendments to the Municipal Code are exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15268, ministerial project, of the CEQA Guidelines. SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t' day of December, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 0 �1 Ordinance No. 394 Various Code Amendments Adopted: December 16, 2003 Page 2 DON ADOLPH, Mayor City of La Quinta, California . -ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ordnance No. 394 Various Code Amendments Adopted: December 16, 2003 Page 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 394 which was introduced at a regular meeting on the 2"d day of December, 2003, and was adopted at a regular meeting field on the .16' day of December, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Ordinance No. 394 EXHIBIT "A" Zoning Code Amendment 2003-079 Adopted: Table 9-17, Section 9.160.020 is amended to include the following: Excerpt of: Table 9-17 Exempt Signs Not Requiring a Sign Permit Sign Type J'Placement£ Maximuml Illumination f Area 7. Temporary decorations clearly n/a n/a Yes incidental and customary and commonly associated with any national, local or religious holiday, provided such temporary decorations E. are erected no earlier than forty-five (45) days from the applicable holiday and removed within twenty-one (21) days after the applicable holiday. Table 9-1, Section 9.40.040 is amended to include the following: SACity Clerk\Ordinances\Exhibit A Ord 394.docSACity Clerk\Ordinances\Exhibit A Ord 394.doc Ordinance No. 394 Zoning Code Amendment 2003-079 Adopted: Section 9.60.100(13)(1) is hereby amended to include the following: (B)(1) ""Guest house" means a detached or attached -unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, or domestic employees." Section 13.12.160 (B) is hereby amended to include the following: "B. Request by the Subdivider. Before the expiration of the tentative map, the subdivider may apply for a one-year extension of time. Requests for extensions of time shall be filed with the community development department on either an approved form or by letter. All requests for extensions of time shall include: 1. A completed application form or letter; 2. An identification of the length of time requested and reasons for the request; 3. The current processing fee as charged by the city for tentative map time extensions; 4. Twenty-five copies of the tentative map as approved by the city council. Additional copies may be requested subsequent to the application submittal. Extensions of time may be granted by the Community Development Director if there are no changes to the approved tentative map. The Director may waive some or all submittal material as noted in Section 1 through 4 herein. Extensions of time that include modifications to the approved tentative map are subject to the public notification procedure provided for in Section 13.12.090 and will be considered at a public hearing, to be held by the designated approval authority as set forth in Section 13.04.060. The approval authority may approve a maximum of three one-year time extensions and shall impose additional conditions of approval if such conditions are intended to maintain the public health, safety and welfare and/or to comply with current city, state or federal requirements. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the city may impose other Ordinance No. 394 Zoning Code Amendment 2003-079 Adopted: conditions or amendments to the tentative map or the conditions of approval including the then -current standards and requirements for approval of tentative maps. Section 13.04.060 is hereby amended to include the following: Type of Action :Review ;Approval Authority _<. Authority Tentative map City staff City council extensions Other responsible = Community agencies I Development Planning Director2 Commission' 1 Planning Commission shall review tentative tract map when City Council is the Approval Authority 2 Community Development Director may only consider extensions if there are no changes to the tentative tract map BUSINESS SESSION ITEM: /D ORDINANCE NO. 395 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC CASE NO.: DEVELOPMENT AGREEMENT 2003-006 APPLICANT: CP DEVELOPMENT LA QUINTA, LLC WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and WHEREAS, the City Council of the City of La Quinta ("City" or "City Council", as applicable), on the 3rd of June, 2003, held a duly noticed public hearing to consider (i) a disposition and development agreement ("Original DDA") by and between the La Quinta Redevelopment Agency ("Agency") and Center Point Development, LLC, a California limited liability company (the "Original Developer"), pursuant to which the Original Developer agreed to purchase certain real property located within the City (the "Site"); and (ii) a development agreement ("Original Development Agreement") by and between the City and the Original Developer, pertaining to the Site. By adoption of City Council Ordinance No. 385, the City Council approved the Original- Development Agreement; and . WHEREAS, prior to execution of the Original Development Agreement, the Original Developer requested certain changes thereto, including (i) changing the developer entity from the Original Developer to CP Development La Quinta, LLC, a California limited liability company ("Proposed Developer"), (ii) revising the landscaping obligations of the Proposed Developer to account for the possibility that the City does not obtain certain landscaping grants, and (iii) revising the insurance requirements for the Proposed Developer; and WHEREAS, pursuant to the Original DDA, as revised, the Proposed Developer has an equitable interest in the Site and qualifies to enter into a Development Agreement pursuant to the Development Agreement Law; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 2nd of December, 2003, hold a duly noticed public hearing to consider the Revised Development Agreement; and, Ordinance No. 395 Development Agreement 2003-006 CP Development Le Quint@, LLC Adopted: December 2, 2003 Page 2 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25th of November, 2003, hold a duly noticed Public Hearing to consider the Revised Development Agreement and the recommendation of the Planning Commission has been received by the City Council; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Revised Development Agreement: 1. The proposed Revised Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-005. 2. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1992 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 3. The land uses authorized and regulations prescribed for the Revised Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential and Park which permits the proposed uses provided conditions are met. 4. The proposed Revised Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 5. Approval of this Revised Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 6. Approval of this Revised 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, phased growth. �.%J0 Ordinance No. 395 Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: December 2, 2003 Page 3 7. Consideration of the Revised 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. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Revised Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Revised Development Agreement on behalf of the City, and the City Clerk to record the Revised Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2 ENVIRONMENTAL. Said Specific Plan complies with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 as amended (Resolution 83-63). The Community Development Department completed Environmental Assessment 2001-436, certifying a Mitigated Negative Declaration of environmental impact as adopted by the City Council on February 5, 2002 under Resolution 2002-07, for this Specific Plan 2001-005. An Addendum has been prepared for the proposed Specific Plan 2001-005, Amendment #1 and Development Agreement 2003-006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. 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 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. Ordinance No. 395 Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: December 2, 2003 Page 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of December, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California REPORT/INFORMATIONAL ITEM: /S MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 5, 2003 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:06 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Dennis Cunningham, and Bill Bobbitt. It was moved and seconded by Committee Members Cunningham/Bobbitt to excuse Committee Member Thoms. C. Staff present: Planning -Manager Oscar Orci, Principal Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of October 1, 2003. There being no corrections, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permits 2003-789; a request of Stamko Development and Tom Olsen/Acala Architects for a review of architectural and conceptual landscaping plans for a 5,909 square foot Goodyear Retail Store for the property located at the southeast corner of Auto Center Drive and La Quinta Drive within the La Quinta Commercial Development. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Russ 4. 6 Architecture and Landscaping Review Committee November 5, 2003 Beckner, representing Stamko, Doug Matista representing Goodyear, Gil Alcala architect, who all gave a presentation on the project. 2. Committee Member Cunningham stated he liked the movement toward the modern buildings and breaking from the Spanish look. He likes the use of the barrel tile and standing seam metal. He has no objections. 3. Committee Member Bobbitt stated he liked the design as well. In regard to the landscaping, he was concerned about the area where there appeared to be pedestrian traffic. Chris Clarke, owner of the property, stated no parking is allowed on La Quinta Drive and therefore, there would be no pedestrian traffic. Mr. Alcala stated there is a walkway that extends up toward Highway 111. Ms. Clarke stated there would be no access allowed between Parcels 8 and 9 would not be encouraged. 4. Committee Member Bobbitt stated he liked the plant palette, but asked where they were going to obtain a ten gallon plant. Mr. Alcala stated it was a mistake. Committee Member Bobbitt asked that all plants be 15 gallon on La Quinta Drive and five gallon on the interior. 5. There being no further questions, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-044 recommending approval of Site Development Permit 2003-789, as recommended by staff and amended as follows: a. Condition added. 24-inch box, 15 gallon with a minimum of 1.5 caliper plant material on La Quinta Drive b. Five gallon on the interior. C. Recommendation: the northeasterly pedestrian access/ walkways along the north property line be potentially eliminated. Unanimously approved. B. Site Development Permit 2003-790; a request of Stamko Development/Perkowitz and Ruth Architects for a review of architectural and conceptual landscaping plans for two multi -use retail stores consisting of 10,980 and 11,040 square feet for the property r G:\WPDOCS\ALRC\11-5-03 WD.doc - - 2 2 Architecture and Landscaping Review Committee November 5, 2003 located at the southeast corner f Highway 111 and La Quinta Drive within the Centre at La Quitna Commercial Development. 1. Planning Manger Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Russ Beckner who introduced Jim Ruth, architect, and Eric Linus of TKC, who gave a presentation on the project. Chris Clarke, owner of the property also gave a presentation on the entire site. 2. Committee Member Cunningham stated that the material to be used on the canvas will last a long time and there should be no objection to the use of this material as it is a composite and a good use of material. He had no issue with the architecture. The west elevation is especially nice. 3. Committee Member Bobbitt asked if the architecture of the Center was going to follow a central theme. Ms. Clarke stated each is a little different in color, but there is a central theme throughout the Center. She explained the architectural items that were carried throughout the Center. Committee Member Bobbitt stated he likes the diversity of the site. Ms. Clarke emphasized the use of color to distinguish each of the building complexes. Mr. Beckner stated the architect was asked to create buildings that mirrored each other, but were different. 4. Committee Member Bobbitt asked that the tree species and sizes be defined on the plans. Staff stated the landscape plan would be brought back to the Committee. Committee Member Bobbitt stated the plan is similar to the rest of the Center and ok, but the size should be spelled out. They should all be at least five gallon. The date palms should never be near any pedestrian traffic and ensure that any palm trees used are in good condition. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-045 recommending approval of Site Development Permit 2003-790, as recommended by staff and amended: G:\WPDOCS\ALRC\11-5-03 WD.doc - - 3 3 Architecture and Landscaping Review Committee November 5, 2003 a. Condition added: All plant material 15 gallon on La Quinta Drive and five gallon on the interior. b. Condition added: All date palms shall be nursery grown and inspected by the landscape architect as to their good condition with a minimum 8 foot trunk height. Would not recommend using the Mesquite tree. C. Condition Added: All trees shall be 15 gallon, 24 inch box trees, 1.5 calipher. Unanimously approved. C. Site Development Permit 2003-792; a request of Whiteco Residential, LLC for a review of architectural and landscaping plans for a 224 unit apartment complex located at the northeast corner of Washington Street and Palm Royale (extended). 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Tim Connelly, Avi, landscape architect, Kurt Saxon civil engineer, who gave a presentation on the project. 2. Committee Member Cunningham asked what the exterior material would be. Mr. Connelly stated Spanish lace. Committee Member Cunningham stated his main concern is public view. He does not like the lace stucco. It should be machine dash finish and not the sand finish as it will show everything. The roof pitches need to come down to not show so much roof. Reduce them to a 4 pitch. The exterior elevation needs to be as uniform as possible. 3. Committee Member Bobbitt asked if the window surrounds were inset. Mr. Connelly stated they were foam and the railings were small and iron. 4. Committee Member Bobbitt stated the plant palette is a good use of material. Again, he would recommend not using the Chilean Mesquite due to the high maintenance they require. Discussion followed regarding the different tree species. 5. Committee member Cunningham asked that the columns be precast concrete. � aJ G:\WPDOCS\ALRC\11-5-03 WD.doc - - 4 4 Architecture and Landscaping Review Committee November 5, 2003 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-046 recommending approval of Site Development Permit 2003-792, as amended: Conditions added: a. Exterior material machine dash finish. b. Maximum room pitch to be 4:12. C. Garage doors shall be metal roll up d. Chilean Mesquite tree be replaced with a different variety. e. Columns shall be precast Unanimously approved. D. Site Development Permit 2003-791; a request of Prest Vuksic Architects, Inc. for a review of architectural and landscaping plans for a 224 unit . apartment complex located at the northeast corner of Washington Street and Palm Royale (extended). 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Dave Prest the applicant and architect for the project, who gave a presentation on the project. 7. Committee Member Cunningham asked if it was mudded tile. Mr. Stated it was a two-piece mudded tile. Committee Member Cunningham applauded the design. 8. Committee Member Bobbitt stated he liked the people features. He would again recommend not using the Mesquite trees. 9. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Cunningham to adopt Minute Motion 2003-047 recommending approval of Site Development Permit 2003-791, as recommended by staff and as amended: Condition added: a. No Mesquite trees. Unanimously approved. G:\WPDOCS\ALRC\11-5-03 WD.doc - - 5 5 Architecture and Landscaping Review Committee November 5, 2003 C. Site Development Permit 2003-727, Amendment #1; a request of PM Renaissance, LLC for a review of architectural and landscaping plans for a 224 unit apartment complex located at the northeast corner of Washington Street and Palm Royale Drive(extended) . 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Geoff McComic, the applicant for the project, who gave a presentation on the project. 2. Committee Member Bobbitt asked the history of the site. Mr. McComic explained who had previously owned it and how they came to where they are. 3. Committee Member Cunningham stated he had no objection to the units. The architecture is in keeping with the neighborhood. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-048 recommending approval of Site Development Permit 2003-727, as recommended by staff. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Cunningham to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on November 5, 2003. This meeting was adjourned at 1 1:01 a.m. on October 1, 2003. Res ctfully su mitted, B T J. SAWYER Executive Secretary G:\WPDOCS\ALRC\11-5-03 WD.doc - - 6 6 REPORT/INFORMATIONAL ITEM: /(10 MINUTES HISTORIC PRESERVATION COMMISSION MEETING The Regular Meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, California October 16, 2003 This meeting of the Historic Preservation Commission was called to order by Chairperson, Leslie Mouriquand at 3:05 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call Present: Commissioners Puente, Sharp, Wilbur, Wright, and Chairperson Mouriquand. Staff Present: Planning Manager Oscar Orci, Community Development Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Martin Magana, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None Ill. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Puente/Sharp to approve the Minutes of September 18, 2003 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Continued - Point Happy Ranch Phase I Cultural Resources Assessment. Applicant: Madison Development Paleontological Consultant: McKenna et al, Jeanette A. McKenna, Principal Location: West side of Washington Street, south of Highway 111 Historic Preservation Commission Meeting Minutes October 16, 2003 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community' Development Department. 2. Chairperson Mouriquand introduced Jeanette McKenna, Consultant. 3. Consultant McKenna was in attendance to clarify any issues and or redundancies in her report. She asked if there was a request for more documentation on the Bradshaw Trail. She stated she had the historic map . wh.ich showed the trail, but there was no physical evidence of the trail left on the property. She asked what additional research the Commission wanted. 4. Chairperson Mouriquand replied there was no more physical documentation to do. The Commission was interested in looking at more discussion about putting the site in a regional context. She stated this might be the last opportunity to request complete documentation for the historic and prehistoric time periods of this property. The Historic Preservation Commission is a Certified Local Government and has the right and privilege to nominate this property to the National Register. It is the Commission's opinion this is one of the gem, historic properties within La Quinta and is requesting a complete and adequate discussion of all the time periods and the cumulative historicity of the property with the idea it could be nominated to the Historic Register if it is determined to be eligible. 5. Consultant McKenna commented she was trying to separate the prehistoric discussion from the historic. She asked if the Commission wanted the trail, as an entity, addressed to the National Register, or if that argument was only for the historic component. Chairperson Mouriquand replied it was more for the historic component. 6. Commissioner Wright asked if there was photographic documentation of any historic remnants of the trail on the property. 7. Consultant McKenna replied there was none. She noted historic maps and the general history show the area was 2 k.0 Historic Preservation Commission Meeting Minutes October 16, 2003 traversed as late as produced. Consu documented in an recommendation for entire Valley should chance something i map. the 1850's when those maps were tant McKenna stated this was earlier report. She stated the monitoring was made because the be declared sensitive and there's a iay be found pre -dating the 1858 8. Commissioner Wright commented this information was adequate. 9. Planning Manager Orci stated the Commission had indicated they would like the reports included, especially regarding the Bradshaw Trail, the stage coach line, the wells, and the adjacent villages and trails. 10. Chairperson Mouriquand stated the report needed more discussion which should include the layers of time, the trails, the roads going through, and the fact this was an earlier circulation area connecting all the villages and stage stops together. It was considered highly significant. 11. Consultant McKenna asked if the Commission was looking for a more detailed report regarding the pre -Point Happy discussion. Chairperson Mouriquand replied that was correct. 12. Commissioner Wright added they also wanted the available history on the area surrounding the property, such as the information regarding the stage line. 13. Consultant McKenna asked if any of the information was available in the City's Historic Context Statement. 14. Chairperson Mouriquand stated there were things of value in the Context Statement and added there should be two copies of this report on file in the Eastern Information Center. 15. Consultant McKenna said she had seen a handwritten map, from CRM Tech, with ownership names and she had used that map to obtain information for her report. 3 �� Historic Preservation Commission Meeting Minutes October 16, 2003 16. Chairperson Mouriquand said there was a 1917 ownership, by parcel, map available at the City of La Quinta. The master is at the Coachella Valley Museum, in Indio. 17. Consultant McKenna stated she would have to go back through all the reports but felt she had covered the whole ownership and didn't believe there was any further research necessary on the ownership. 18. Chairperson Mouriquand agreed and added there could be more research on particular individuals who were connected with the property; i.e., Chauncey Clark, and Happy Lundbeck. The Commission was interested in any information that would be helpful in making a case for eligibility for the National Register. 19. Consultant McKenna replied her research showed the Clark ownership was more significant than any association to Lundbeck. Happy Lundbeck was in the general area, but not directly associated with this property other than having owned it at one time. But the Clarks were the ones responsible for altering and developing the property. Mr. Clarkkis presence was very limited and Mrs. Clark was actually responsible for most of the improvements. The local people, that occupied the site, were more representative of what was going on than the property owners. 20. Commissioner Wright asked if the Consultant had spoken to Louise Neeley. 21. Consultant McKenna replied she had a brief discussion with her. She was provided with some materials, and given the names of two other people to contact on background as Ms. Neeley was leaving on an extended trip to Europe. Ms. McKenna then asked if the Commission was actually looking for a National Register nomination package, or the research for a future nomination package. Chairperson Mouriquand replied the r)^f) 4 r.b4. Historic Preservation Commission Meeting Minutes October 16, 2003 report would be the first step in the nomination process. Ms. McKenna confirmed the Commission was looking for a technical document with all the information needed for a future nomination. She asked if the research comes back negative what would the Commission's position be. 22. Chairperson Mouriquand stated the Commission would take the recommendation as advisory and proceed accordingly. 23. Consultant McKenna stated her concern was the research showed most of the physical remains on the property were significantly changed and there is nothing representative of the Clark period. Whole features, such as the corrals, the horse track, and the stables are completely gone. She would need to interview folks who actually lived there, or near by to get additional information. The property is unique in that there was such a long period of time represented. She asked if the Commission was more concerned about the Clark period. 24. Chairperson Mouriquand replied it was the totality of the prehistoric and historic time periods and the cultural value of the property. 25. Consultant McKenna asked how much of the modern period did the Commission want included. 26. Chairperson Mouriquand replied through the 1960's. The property has a lot of symbolism- as far as a cultural landscape. The Commission does not wish to single out a particular time period as more significant than the other, it's the composite package of value on the property. 27. Consultant McKenna stated she understood the National Register approach to the research. The property could be declared National Register eligible because of the association of certain persons to the property. If it was potentially eligible, this would not preclude development of the project. Chairperson Mouriquand replied it was not the Commission's goal to stop or alter the project, but just to completely document it and if it affords certain statuses, then the City may be interested in pursuing a National Register nomination. S 2 Historic Preservation Commission Meeting Minutes October 16, 2003 28. Consultant McKenna stated she was wondering about timing, and if there is any particular reason the work could not proceed in tandem with the development .of the project. Chairperson Mouriquand replied there is no reason why construction/development could not proceed._ 29. Planning Manager Orci asked if the Commission wished to establish some thresholds for the project regarding receipt of permits prior to the completion of the review. 30. Chairperson Mouriquand replied monitoring would be needed. If the results of the monitoring yield something important this should reflect on the issuance of the Certificate of Occupancy. 31. Consultant McKenna asked if she could proceed on the maps, or with just the plan check. Staff replied she would be allowed to proceed. 32. Commissioner Wright stated the Commission did not want to hold up the project. That was not their intent. A Certificate of Occupancy would be acceptable. Staff stated this would satisfy recommendation number one in the staff report. 33. Consultant McKenna asked if the Commission wanted to see a final document after grading, or one that addresses the National Register issues prior to the grading, and amend the report if something were found during grading; or does the Commission want two different reports. 34. Commissioner Wright said it could be one ongoing report. Staff added it would have to be completed before the issuance of the first Certificate of Occupancy. 35. Chairperson Mouriquand added that was correct and asked when the Certificate of Occupancy was expected to be issued. Staff replied it depended upon the project schedule, but it should afford time to prepare the documents. 2W 6 Historic Preservation Commission Meeting Minutes October 16, 2003 36. Applicant Rick Wilkerson was introduced. He stated they planned on submitting site plan and grading permits in another month and a half. They are estimating 60 to 90 days for the City to process the paperwork and then they will start construction. Construction should take six months. He estimates 10 to 12 months until the first Certificate of Occupancy is requested. 37. Consultant McKenna said if the on -site monitoring was conducted during the initial grading times, before actual construction that would allow almost six months to complete everything. 38. Planning Manager Orci stated he saw two issues. First the completion of the report and second, providing the technical data for National Register eligibility. 39. Consultant McKenna asked if the Commission wanted her to re -do the Phase I report or continued to complete the packet. Chairperson Mouriquand answered just an addendum, or subsequent report. 40. Consultant McKenna replied it could all be incorporated into the final technical report which would address the National Register and generate an entirely new report based on the additional research, the oral interviews, the results of the grading monitoring and any new information obtained. 41. Chairperson Mouriquand stated it might be worthwhile to have Ms. McKenna come back with a progress report regarding the new data obtained from the monitoring. 42. Consultant McKenna said she anticipated she would be doing site plans if any pre -history was found. Historic Preservation Commission Meeting Minutes October 16, 2003 43. Planning Manager Orci stated this brought up a third issue which is the results of the monitoring program which is part of the CEQA analysis and the Environmental Assessment. This is typically handled on an administrative level. Does the Commission want to leave the monitoring to staff. The Environmental Assessment and monitoring program can be independently reviewed, separate from the National Register eligibility and the technical report. It can then be reviewed and a threshold placed that prior to issuance of the first Certificate of Occupancy a Phase I, or addendum to the Phase I shall be completed. These should possibly be considered as three separate thresholds in order to move the project on. 44. Consultant McKenna suggested keeping the project as straightforward as possible. The Phase I report can be upgraded in the next four to six weeks prior to grading. If the Commission is satisfied with the upgrade of the Phase I report, the National Register research can begin and we can complete the monitoring report. We can then .report the results of the monitoring program virtually immediately. In between the time of the end of the monitoring and issuance of an Occupancy Permit, both the monitoring and the National Register documents could be completed for review. Issuance of the Occupancy Permit would be dependent on the Commission's comments and satisfaction with the documents. 45. Commissioner Wilber agreed and added the consultant was very conscientious in her approach in the reports already completed. 46. Commissioner Sharp agreed an interim report would help the Commission monitor the progress of the project. 47. Consultant McKenna stated an update could be available by the next Commission meeting. 48. Commissioner Puente agreed, but wanted to discuss the historic gate. 49. Planning Manager Orci asked if the Commission wanted one interim report on Phase I as well as the National Register eligibility. 266"N Historic Preservation Commission Meeting Minutes October 16, 2003 50. Consultant McKenna stated she would complete the Phase I report first, including the preliminary research for the National Register. She said they may not have all of the Oral History done, and would need to get direction from the Historical Society as to what format should be used as far as their system criteria. We will extrapolate from the Oral History material needed for the Phase I report and carry it further for the National Register since the Phase I is still a CEQA document. 51. Planning Manager Orci said he would like to set a threshold to keep the two issues separate. If the Commission agrees we would want to wrap up the Phase I independent of the National Register eligibility prior to the first issuance of the Certificate of Occupancy. Then this Commission would review National eligibility requirements independent of the Phase I. Also, would the Commission like to review the monitoring, or would they allow the staff to do that? 52. Chairperson Mouriquand replied the Commission would be interested in looking at the monitoring report. 53. Consultant McKenna stated their monitoring policy was to have one or more monitors as well as taking more photos than necessary. The monitors are usually on site in the morning, when the grading starts, and they stay until grading is over. The schedule is accommodated in the field, and certain things are to their discretion. If it's too active an area to adequately cover additional personnel may be brought in. If something comes up we have the authority to halt activity in an area until we can come to a conclusion whether it's something that can be handled under the monitoring program, or will require some sort of an alteration of the activity and schedule. Does the Commission want to be involved or called when something comes up in the field? 54. Commission Wright suggested she contact a staff person. 55. Consultant McKenna asked how much discretion she had if evidence of the Palm Grove, or the pre -historic trail were found, and would the Commission want to visit the site. 9 r1l ;7 A;- Historic Preservation Commission Meeting Minutes October 16, 2003 56. Chairperson Mouriquand said the City's policy in conditioning every project is when monitoring is required they also require monitoring of the related off -sites which can include trenching, utility lines, and road improvements that are adjacent and part of this whole project development. So, what we want monitored is not just within the confines of the building envelope but the trenching and any project related improvements. 57. Consultant McKenna asked if there is an off -site storage yard, would she need to monitor that area. Chairperson Mouriquand replied yes. 58. Planning Manager Orci added the Commission might want to add the standard Conditions of Approval which indicate trenching and off -site grading are included in the monitoring. 59. Consultant McKenna asked what the City's policy was on requiring, or not requiring Native America participation. Were they needed on site, or only to be called in when something of Native American origin is found. 60. Chairperson Mouriquand replied it was usually on an on - call basis. If the Tribe was insistent on having a monitor there, then we would want to work cooperatively with the Band. We don't condition projects to have full-time Native Americans monitors present. 61. Consultant McKenna replied she would proceed on the basis if something is located, the Native Americans would be contacted. 62. Chairperson Mouriquand said they would probably be called for anything after the pre -historic period, such as human remains. 63. Planning Manager Orci stated Principal Planner Sawa had brought up one of the standard conditions which is the final report on monitoring is submitted to the Community Development Department prior to issuance of the first production home building permit. Typically, after mass grading an applicant will want to do the model complex and that procedure is started immediately after grading 10 ��J Historic Preservation Commission Meeting Minutes October 16, 2003 while they're finishing up the monitoring report. If it is the Commission's desire we would like to maintain that protocol unless directed otherwise. The only difference being it will be submitted to the Commission instead of the Community Development Department for review. 64. Consultant McKenna stated if the monitoring contains a negative finding, the report will be done immediately. It would only be delayed if artifact or, site forms need to be prepared. 65. Planning Manager Orci added the report also requested the balance of the standard conditions be required such as curation. 66. Consultant McKenna asked what should happen to any artifacts, if found. 67. Chairperson Mouriquand replied the City has adopted Curation Policies. The City will determine what to do with the artifacts. 68. Consultant McKenna added the Commission can make the decision whether or not any historic remains need to be kept or de -accessioned. She then asked if a draft of the Amended Phase I was needed by the next meeting. Staff replied the Commission would need to discuss that and coordinate with staff. 69. Planning Manager Orci said there was one other item to discuss and that was the gate issue. Staff was recommending they work with the applicant to locate the gate in an appropriate location, under the Commission's direction. 70. Chairperson Mouriquand stated the Commission wanted to leave the gate in situ and re -design the entryway to accommodate the gate. 11 r)�,�) Historic Preservation Commission Meeting Minutes October 16, 2003 71. Applicant Wilkerson asked to address this issue. He showed a picture of the gate in question and asked to read into the record a copy of the letter received from Christopher Kiernan (cepy attached). He added, as a backdrop to this letter, the name Point Happy was probably only known by a few people in this whole Valley. Madison Development re -invented the name Point Happy, kept and promoted the Point Happy name as an area that is of interest for tourists to come by and see. When they purchased the Point Happy Ranch they understood . the gate was not old and was new. They appreciated the history of the site as well as the name and decided to retain the history in the name of the development - The Estates at Point Happy Ranch. They have consistently promoted the idea of Point Happy being a place that occurred in time and want people to know that when they buy a home here, shop, or eat at the Point Happy Commercial Center, this is part of the history of this area. The street names chosen, Clark Court, Bradshaw Trail, and Heritage Way continue this heritage. He asked why they had to preserve a gate and look that wasn't even in existence until 1977. He felt it was enough to maintain the area with "Point Happy Ranch" included in the name and to have the new gate state that. He did not wish to have an wooden sign at the entry. He added, in respect to the Kiernan's, they offered to put the gate in the retention pond, which is inside and on private streets. They just don't feel they should be held to a guideline that has no bearing in history regarding that specific gate. 72. Chairperson Mouriquand replied there is a permit indicating whether the gate is of a historic resource. If not, that may need to be corrected. In regards to the Point Happy Ranch, the name is widely known. If the developer has evidence this is not a historic gate then the Commission will be happy to look at the letter. The Commission would then have to do further research to see if this is gate does need to be preserved in situ. 73. Consultant McKenna stated she thought the oral histories and photographs would clarify this matter. 12 c. Historic Preservation Commission Meeting Minutes October 16, 2003 74. Applicant Wilkerson said they have tried to promote the name of Point Happy. They would like to offer a compromise in keeping with the theme that we are trying to produce here. First of all, the gates are rusted out and the entrance is small. We have worked on an idea with Ron Gregory, to reproduce a section of the gate to make it bigger, more elaborate, but basically the same look, to cover the entire entrance. The gates would be the same type of gates. As you drive through they would open one on each side. We would put the name Point Happy Ranch in the gate. I don't think a wood painted sign is the look they want. A plaque would be placed on the gate stating it is a historic location. 75. Commissioner Wright said if the existing gate was produced, or built, in the 70's, he didn't think anybody on the Commission would have a problem with what was suggested. If the gate was made in 1977 there's no reason to keep it in the front area as it is not historic. 76. Applicant Wilkerson suggested they obtain an affidavit from Mark Kiernan as to the year it was built. 77. Commissioner Wright replied he knew Chris Kiernan and he was a good source of information. The Commission, however, would like to go back and check the oral history as well as look at the early photographs of the property. 78. Consultant McKenna said it may be the gate is actually a replication of something that was gone for awhile and was brought back. 79. Chairperson Mouriquand stated the County started issuing building permits in 1950, and a building permit may have been issued for the gate's construction. She suggested looking at the County's building permit archive. 13 r; ry Historic Preservation Commission Meeting Minutes October 16, 2003 80. Consultant McKenna said she usually did more photography than necessary for her reports, and they would be available to be archived. All of the reports will be sent to the Historical Society and the Information Center. All the criteria for compliance with the Historical Society and the City will be met. One of the main goals of the interviews will be to verify what the physical remains on the site represent, including the gate. 81. Commissioner Wright stated he liked the idea of keeping the Point Happy concept alive, but the gate did not need to be included if it was not historic. 82. Commissioner Wilbur stated the information on the gate should be validated by one, or two other sources. If the gate is not historic, then there should be some other symbolic representation of the Point Happy idea. 83. The applicant's representative Ed Alderson, asked if the Commission would like to see the plan when it is available. 84. Commissioner Wright said they would. He added the gate does not have to be replicated exactly. He felt the project should retain the same type of feeling the property had in the 1920's. 85. Applicant Wilkerson agreed that was the same type of atmosphere they were trying to keep. 86. Commissioner Sharp said he saw no artistic value in the current gate. He was concerned about the location of the existing gate in relation to what was planned inside. He suggested they make a gate that says Point Happy Ranch in the Spanish or Tuscan style, possible with some tiles on it. 87. Commissioner Puente said she agreed they should find out about the date of the gate before making a decision. 88. Chairperson Mouriquand suggested they table the issue of the gate until they have further information. 14 r'a Historic Preservation Commission Meeting Minutes October 16, 2003 89. Consultant McKenna said she would make sure the research is included in the amended report after she researches the permits. 90. Planning Manager Orci suggested the applicant research the data as soon as possible. If this is not an original gate or does not have significant historical value the Commission may want to direct staff to work with the applicant to replicate the gate entry unless it is of historical significance. The matter will then be brought back to the Commission for review. 91. Chairperson Mouriquand and Commissioner Wright concurred. 92. Applicant Wilkerson asked if he could go ahead and process the final map. 93. Chairperson Mouriquand replied the Commission was seeking additional substantiation on whether the gate is historic before proceeding. 94. Consultant McKenna said she would check the building permits which would show the approved design and the date it was approved. She will provide the information as soon as it is obtained to help staff schedule a meeting to discuss the matter further. 95. Applicant Wilkerson commented the gate was never useable as an entrance. 96. Chairperson Mouriquand replied the Commission was not requesting that option. The Commission's concern was with the historicity of the gate. The concern was retaining it in situ. It would not be a functional gate, but to move it to the back part of the property would deny the public the opportunity to continue to view this. historic resource. The Commission is suggesting the gate component itself be incorporated into a perimeter wall treatment. 97. Commissioner Wright added the request was based on the fact the gate was historic. 15 , _4 3 Historic Preservation Commission Meeting Minutes October 16, 2003 98. Planning Manager Orci commented for the purposes of CEQA the gates need to be preserved on site, with no specification as to where. The Commission can add additional information indicating it is a significant historical resource with the location to be decided at a later date. 99. Chairperson Mouriquand stated the important aspect was the documentation because, in the future, the gate may be considered historic. It has been documented and that is what needs to be done. However, if it is documented as a historic gate, the Commission would like the opportunity to confirm, or refute, that and have the opportunity to reconsider what is to be done with it. The County records should provide adequate evidence of when the gate was built. 100. Applicant Wilkerson asked if the gate has some historic significance would it be acceptable to incorporate the gate into the boundary fence for public view. And if it isn't, would they have to do anything except what has been previously discussed. He wanted to know if there was any reason to hold up getting a final map, considering the agreements discussed. 101. Chairperson Mouriquand replied it shouldn't hold up getting a- final map as long as the design accommodates preservation in situ, should that be the determination. 102. Applicant Wilkerson stated that was fine as long as the gate was moved. . 103. Chairperson Mouriquand replied in situ meant "in place"; without moving it. There seems to be no reason why the project cannot be re -designed to accommodate that request. 104. Applicant Wilkerson replied they felt the historic tree was of more significance than anything else. They eliminated two lots to retain the tree. The gate could be moved down, but there would still be an entrance that preserves the tree. 16 4-. Historic Preservation Commission Meeting Minutes October 16, 2003 105. Chairperson Mouriquand replied it may not be structurally feasible to move the gate. It might be wiser, in the long run, to leave it where it is. 106. Consultant McKenna commented she would need a day or two with the County records. On the off chance the gate was built without a permit she would rely on other information from the Historical Society or photos that can be dated. She commented that maybe the Kiernan's had photos of the property when they bought it that showed the gate wasn't there. That would help verify the dates. 107. Planning Manager Orci summarized the discussion into the following points: 1. if the gate is not of significant historical value, staff is directed to work with the applicant to design a gate similar to the present gate; 2. to modify the CEQA document indicating the gate is of no significant value; and, 3. if the gate is historical, the CEQA document will not be altered and will indicate the gate is to remain on site. He asked if that was sufficient for CEQA documentation purposes. 108. Chairperson Mouriquand said it was fine for CEQA purposes, but added as far as what staff was asking, if the discussion in the Environmental Assessment was going to be adequate, because it didn't state in situ, it should designate preservation on site which could be anywhere in the project. She asked the Commissioners if they wanted language to state specifically "in situ". 109. Commissioner Wright said he was not. comfortable with the phrase "on site". It is too vague. He said the Commission would need to discuss the location of the gate if it is historic. He did not wish to have it placed in the common area. 110. Commissioner Puente asked if the matter could be discussed after the revised report was received. 1 1 1. Commissioner Wright commented on the way the gate at Tradition was handled. The gate was not moved. The road was moved and documented historically. 17 J Historic Preservation Commission Meeting Minutes October 16, 2003 112. Chairperson Mouriquand said there was not enough information to conclude the CEQA document and go forward. These documents could not be completed until Ms. McKenna could determine the date the gate was built. 113. Planning Manager Orci stated this project would then be delayed because the CEQA finding had not been adequately addressed. 114. Consultant McKenna suggested this might be answered as soon as she checks the County records. 115. Commissioner Wright added Ms. McKenna could deal with staff if the gate is not historical. There is no reason to come back to the Commission. 116. Consultant McKenna asked if there was no permit she would advise staff and let them know she would need more time to investigate the date the gate was constructed. 117. Planning Manager Orci stated Ms. McKenna could work with staff. He then re -stated the Commission's direction that the project can move forward if the gate is not historical, delete that item from the CEQA document and move the project forward. If it is found it is of historical significance it will be brought back to the Commission. 118. Applicant Wilkerson thanked the Commission. 123. There being no further discussion, it was moved and seconded by Commissioners Wright/Sharp to adopt Minute Motion 2003-012 accepting the Point Happy Ranch Phase I Cultural Resources Assessment with added conditions as follows: a The applicant shall provide an Addendum to the Phase I report which includes additional information on trails and any other significant historical aspect of the property. b. The Paleontological Consultant shall concurrently continue the technical report on eligibility criteria for the National Register. 18 t� Historic Preservation Commission Meeting Minutes October 16, 2003 C. The Phase I Report shall be completed prior to issuance of the first Certificate of Occupancy. d. The technical report shall be considered independently by the Historic Preservation Commission at a future date. e. 1). If the gate is not of significant historical value, staff is directed to work with the applicant to design a gate similar to the present gate; 2). To modify the CEQA document indicating the gate is of no significant value; and, 3). If the gate is historical, the CEQA document will not be altered and will indicate the gate is to remain on site. Unanimously approved. B. Phase I Cultural Resources Assessment for the City's SilverRock Ranch 1. Community Development Director Jerry Herman presented information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairperson Mouriquand asked if the Kennedy House had been documented before it was torn down. 3. Staff replied it had not been since it was not considered historic. 4. Commissioner Wright commented the Kennedy house had been vandalized and had been in very poor condition. There was nothing left that was salvageable. 5. Chairperson Mouriquand said the house had been empty for years, but it would have been to nice to have had the property documented prior to demolition. Staff asked why a non -historic building would be documented. 6. Chairperson Mouriquand stated that there are times when buildings have cultural value without being 50 years old. Sometimes they provide information for settlement patterns, or contribute to the history of the area, etc. 7. Commissioner Wright commented the Commission would have preferred photographs be taken of the site before demolition. 19 Historic Preservation Commission Meeting Minutes October 16, 2003 8. Chairperson Mouriquand commented what may not be considered historical today will, in time, reach an age criteria that would make it historical. 9. Planning Manager Orci said he believed the house did not contain anything of significance architecturally, or as a significant settlement. 10. Chairperson Mouriquand said the property was originally a homesteaded ranch, although the Kennedys were not the homesteaders. They were subsequent owners and there is history in the property. There was a large map produced several years ago including this historic property. Since there was no attempt to do research, or documentation, we have lost an opportunity to document some of -our history. 11. Planning Manager Orci replied the report indicates that the residence was completed post-19501s, and it contains no features of any historic significance 12. Staff stated this report was done while the building was still standing. 13. Chairperson Mouriquand asked who prepared the report. Staff replied Ms. McKenna 14. Chairperson Mouriquand said the Ahmanson house and the related structures were approximately 42 years old now. Legally they have not reached the 50 year mark, but are part of a certain settlement era with some historic value to the latter period of settlement in La Quinta. If it had been a 50 year old building we would probably have evoked the Federal Standards as we did with the Tradition Club (Hacienda del Gato) for adaptive re -use. If this building is to be used as a temporary clubhouse, what impact would there be to the structure during and after it is no longer being used for that purpose? 15. Staff replied the Redevelopment Agency has not yet decided what would happen to it after its use as a clubhouse. A lot would depend upon what the architect found structurally, seismically, etc. The building was documented, but was never included in the report. 20 �; Historic Preservation Commission Meeting Minutes October 16, 2003 16. Chairperson Mouriquand asked if the City was going to go through a Seismic structural analysis before the building would be used as a temporary clubhouse. Staff replied yes. She asked if depending upon the outcome of the study would that determine whether it would be used as a temporary clubhouse. Staff replied that was correct. She also added there was a possibility the house could be demolished. Staff replied that was not a current consideration. Chairperson Mouriquand asked how long the building would be used as a temporary clubhouse. Staff replied a maximum of two years. 17. Commissioner Wright asked if there were plans to retain the immediate grounds and the pool. Staff replied the pool would probably be eliminated. There is a need for temporary golf cart storage, parking, and access to the clubhouse. If it is used it would be retrofitted and brought up to State Seismic standards. The design of the temporary clubhouse would be such that it could be used for other functions after it is no longer a clubhouse. It may even be used as a community building, but that decision has not yet been made. 18. Commissioner Wright asked if the pool could be turned into a putting green, like the, one at The Tradition. Staff replied the pool would be covered as the design plan shows a lake being put in this area. 19. Chairperson Mouriquand asked if the pool would be removed and replaced with a golf course lake. Staff drew a diagram showing placement of the clubhouse, pool and amenities in the area. She then asked if there was intent to keep the building and use it for something else. Staff replied yes. She then asked if all the outbuildings would be demolished. Staff replied yes. 20. Commissioner Wright asked if those structures were salvageable. 21. Staff indicated that the project is progressing. The Palmer Group will be doing the first golf course. Grading is scheduled to begin the first part of January, or February of 2004. The City is trying to have the course ready for play by January, or February of 2005 depending on the growing season for the Bermuda. If the grass season were missed, then it would not be opened until the Fall of 2005. 21 " Historic Preservation Commission Meeting Minutes October 16, 2003 22. Commissioner Sharp asked about a specific area on the map. Community Development Director Jerry Herman replied it was previously planned as youth group golf course, but was taken out of the plan and its use is currently undecided at this time. It could possibly be used for parking for scheduled events, and has many potential uses. 23. Chairperson Mouriquand asked about mitigation of the site. Staff replied there will be an on -site monitor during all the grading and trenching activities. 24. Chairperson Mouriquand asked if the Commissioners felt any kind of monitoring was warranted for the temporary use of the house. She then asked if the house would be modified, including possibly tearing down walls. Staff replied there would be no exterior modification, just interior to meet the ADA, Code, and Seismic retrofit requirements. 25. Commissioner Wright requested they save as much of the interior as possible because that was one of the most attractive features of the site, including the wood beams. Staff said they may have to take out some walls because more room may be needed then what the current rooms allow. The Agency was authorized to negotiate with an architect and staff will not have any information until an architect is hired. 26. Chairperson Mouriquand asked if the architect could make a presentation to the Commission as to what changes were proposed. Staff stated they could not commit one way or the other. That was a decision the Agency would have to ultimately make, but would refer the request to them. 27. Commissioner Wright stated he would like the City to do as much documentation as possible, prior to any building alterations. This area is very historic and important to the City of La Quinta. There's a lot of history in the Ahmanson Ranch. We should save as much as possible. He stated it would be nice if the architect could give the Commission a small presentation on what was going to be done to the house. Staff stated they would forward the request. 220 3� � w Historic Preservation Commission Meeting Minutes October 16, 2003 28. Chairperson Mouriquand said the Secretary of Interior Standards would typically be the criteria applied to an adaptive re -use of a valid historic structure or resource; bearing in mind not every structure has to be 50 years old before it can be deemed a significant property for preservation and proper treatment. This Commission is interested in seeing what exactly will happen to the structure. 29. Planning Manager Orci added this building was surveyed, and it was not accepted or included because nothing noteworthy was found for the building 30. Chairperson Mouriquand asked if that was based on the Mellon survey. Staff replied it was. She replied it is our right and privilege as a Certified Local Government to deem anything to be of a cultural or historic significant to the City. It does not have to be 50 years old before it is deemed locally significant. 31. Commissioner Wright asked if it was possible to document the house with photographs before anything is done. Staff replied that it was. He asked if the house, the pool, and the whole area could be photographed. 32. Chairperson Mouriquand added no matter what happens to the house there would be photo documentation including all the outbuildings, inside and outside and a site map. 33. There being no further discussion, it was moved and seconded by Commissioners Wright/Puente to adopt Minute Motion 2003-013 to adopt the Phase I Cultural Resources Assessment for the City's SilverRock Ranch as presented with the recommendation that photographic documentation be included in the City's Historical database and a presentation be made to the Commission, by the designated architect, of the updated plans for altering the Ranch house. Unanimously approved. C. Historic Preservation Commission Work Program 1. Planning Manager, Oscar Orci, gave an update on the Work Program, which included the following points: a. An updated issue of the Historic Context Statement. Modifications will be made to the Historic Context once all comments are received. t� 23 �- Historic Preservation Commission Meeting Minutes October 16, 2003 b. Comments received from the Commission will be incorporated into the survey. It will then be sent out to the list of interested parties. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: None VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on November 20, 2003. This meeting of the Historic Preservation Commission was adjourned at 4:34 p.m. Unanimously approved. Submitted by, �Q Carolyn Walker Secretary r� 24 �� �, Department Report: 1 " w � t jwnlr �4 c� OF TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Acting City Manager 1?j DATE: December 16, 2003 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the December 2, 2003, City Council meeting: 1. Dr. Richard Post, Dean Applied Science & Vocational/Business Education, College of the Desert, spoke regarding College of the Desert's proposed bond measure for $346.5 million, and asked for the City's support and endorsement. • A Resolution supporting COD's efforts on the bond measure is before Council today for consideration. 2. Charlie Coulter, 49-111 Washington Street, spoke regarding a sound study at the Villas of La Quinta on Eisenhower. He stated that the study showed the sound levels are higher than those at Laguna de la Paz, and that they have a wall. He also questioned why Laguna de la Paz is part of the DIF, and Villas of La Quinta is not? Finally, one of their Board members was erroneously advised that this item would be on the agenda today. He would like to get better information regarding the appearance of this item in the future. • Staff sent a letter to the Villas of La Quinta on December 10, 2003, updating the residents on the status of funding for the sound wall. 3. David Herrera, Cathedral City, spoke regarding the upkeep of his property in La Quinta. He is concerned with the Code Enforcement requirements being imposed upon him with regard to his property. • The Senior Code Compliance Officer spoke with Mr. Herrera following his comments. The case has been closed, and Mr. Herrera has agreed to check on the property at least every other week to make sure it remains in compliance. Department Report: /' 13 w v71. YO i =A OF TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Acting City Manager DATE: December 16, 2003 RE: Department Report - Grant Update The following is an update of various grants for which City staff has applied, will be applying, or is currently exploring. During this calendar year, the City obtained $810,196 in grant awards, and has applied for an additional $431,995 in grant funding. f California Integrated Waste Management Board The California Environmental Protection Agency's Integrated Waste Management Board (CIWMB) provided $800,000 statewide for waste tire playground cover grants. The City's proposal for a rubberized surface beneath the future water feature at the La Quinta Park was approved by the City Council on July 1, 2003. The grant application was submitted on June 23, 2003 in the amount of $25,342. The City received notification in November that 6 Southern California projects were set aside for the next round of funding, with La Quinta being one of those six. CIWMB offered assurances that the City of La Quinta would be at the top of the funding list in May, 2004, at which time we plan to resubmit our application. The new surface material will greatly improve child safety at the park, while reducing the number of used tires placed in landfills. i Department of Conservation The California Department of Conservation provides funding for programs that encourage recycling and litter abatement. The City Council approved the grant application for this program on April 16, 2003. The funds from this year's grant were used to purchase 8 recycled -content benches at the La Quinta Park. The City was awarded $8,095 for this project on July 28, 2003. 04 f Local Law Enforcement Block Grant 2003 This program is administered by the Federal Bureau of Justice Assistance for programs that reduce crime and improve public safety. This year the City applied for funds on-line to purchase a 2004 BMW motorcycle enabling an additional motor officer to be out on patrol when necessary. An award was made in the amount of $19,218. f State of California Proposition 12 Funding The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (2000 Bond Act), included a Per Capita grant program of $388,000,000, and a Roberti-Z'Berg-Harris grant program of $200,000,000. The City of La Quinta will receive a Per Capita allocation of $176,000.00, and an RZH allocation of $56,486. On February 4, 2003, Council allocated both amounts for the design and construction of a skate park at the La Quinta Park. The City received authorization to proceed with the project from the California Department of Parks and Recreation in April, 2003. Staff will submit claims for reimbursement in accordance with the grant procedural requirements. f State of California Proposition 40 Funding On March 5, 2002, California voters passed Proposition 40, "The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002" (2002 Resources Bond), which includes a Per Capita grant program of $372,500,000, and a Roberti-Z'Berg-Harris grant program of $200,000,000. The City of La Quinta will receive a Per Capita allocation of $220,000.00, and an RZH allocation of $62,172. On September 16, 2003, Council approved the grant applications. A signed contract was submitted to the State on October 6, 2003. Once a fully -executed contract is received back from the State, Staff intends to identify a project and submit the application for State approval. i Colmac Air Quality Enhancement Fund The Riverside Board of Supervisors offered funding through the Colmac Air Quality Enhancement Fund `For programs that enhance air quality in the Coachella Valley. n The City Council approved the grant application on September 17, 2002 for funding in the amount of $36,500 to purchase and install three weather stations to be used primarily by the Public Works Department for monitoring PM-10 control methods. An award was made in the amount of $25,000. f Mobile Source Air Pollution Reduction Review Committee The City has already been awarded $595,235 in funds from the Federal TEA- 21 Congestion Mitigation and Air Quality Improvement (CMAQ) program. A portion of these funds will be used in support of the PM-10 stabilization project on Miles Avenue and Washington Street parkways. The City Council approved an application on November 5, 2002 which seeks local match. An award was made in the amount of $77,119 on May 30, 2003. f Mobile Source Air Pollution Reduction Review Committee The City has already been awarded AB 2766 funds that can be used for partial payment (25%) of the cost of a CNG street sweeper. The City Council approved an application on November 5, 2002 seeking grant funds to supplement the cost of the new sweeper, and received an award in the amount of $139,285.50 on June 17, 2003. f Tony Hawk Foundation The City applied for $25,000 in funds to supplement costs of installing the skate park at Fritz Burns Park. The Foundation received an overwhelming number of requests, and decided to first fund those projects that served at - risk youth in neighborhoods with below -average median household incomes. The City did not receive funding. f California Department of Transportation - Safe Routes to School On May 20, 2003, Council approved a California DOT Safe Routes to School grant application, which was submitted by the City, acting as lead agency, in cooperation with Desert Sands Unified School District and the City of Indio. The project entails the placement of signalized pedestrian crossings in front of both John Glenn Middle School and Amelia Earhart Elementary School. A total of 84 projects were approved for funding out of more than 420 applications. The City of La Quinta was notified on November 14, 2003 that it will receive $244,800. f California Department of Transportation The 2003/2004 Bicycle Transportation Account will provide $7.2 million for cities and counties to improve safety and convenience for bicycle commuters. The City Council approved a grant application on November 19, 2002 for funding of Class II bikeways along portions of Fred Waring, Miles and Avenue 52 in the amount of $37,931. Notification of recipients for r rl 40U funding is expected prior to December 31, 2003. No funding announcement was available as of the writing of this narrative. f California Department of Transportation The 2004/2005 Bicycle Transportation Account will provide $7.2 million for cities and counties to improve safety and convenience for bicycle commuters. The City Council approved a grant application on November 18, 2003 for funding of Class II bikeways along portions of Calle Tampico and Avenida Bermudas in the amount of $61,550. The timeline for notification of recipients has not yet been announced. f Riverside County Transportation Commission The FY 2003/04 SB 821 Bicycle and Pedestrian Facilities Program set aside an estimated $949,700 countywide for pedestrian and bicyclist improvements. The City applied for funding of two projects: Sidewalk improvements on Eisenhower Drive at Calle Tampico, and on Avenida Bermudas between the Village and Fritz Burns Park. The Eisenhower Drive improvements were not funded (placed 20' out of 44 proposals; only 19 projects were funded). The Avenida Bermudas project was recommended for funding in the amount of $52,887. f City of Perris — "Avo id the 30" The City of Perris was awarded a grant entitled, "Avoid the 30" from the California Office of Traffic Safety to fund DUI enforcement efforts in Riverside County. The La Quinta Police Department is one of the 30 agencies participating in the program. The City's Police Department participated in the program last year, and was reimbursed $11,040 by the City of Perris for officer overtime in connection with the enforcement operations. The funding has been extended to the 2003/2004 fiscal year, with La Quinta eligible for an additional $1 1,305 during this fiscal year. Claims for reimbursement are filed after the conclusion of each enforcement operation. This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, and County governments. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. DEPARTMENT REPORT: 3 -A DECEMBER 16 JANUARY 6 JANUARY 19-25 JANUARY 20 FEBRUARY 3 FEBRUARY 17 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING MARCH 2 CITY COUNCIL MEETING MARCH 16 CITY COUNCIL MEETING MARCH 18-21 LA QUINTA ART FOUNDATION ARTS FESTIVAL APRIL 6 CITY COUNCIL MEETING APRIL 20 CITY COUNCIL MEETING 4 : 83 December 2003 La Quinta City Council Monthly Planner Sunday Ulonday iuesaay... ...- 1 11,V_1z5UC1j 1 1 luck),. 2 3 4 5 6 6:00 PM CVAG Exec. Cmte. - Adolph 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM SunLine - ,..;1 'g`I�#'� �I I• �I Adolph i 11:30 AM • 3:30 PM Employees Recognition Holiday Open House Banquet E 6:00 PM - 8:00 PM iE s i, Christmas Tree Lighting ly , Ceremony i� 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 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 0 1st Day of Winter Christmas Eve Christmas Day Extended Christmas (City Hall OPEN) (City Hall CLOSED) Holiday (City Hall CLOSED) 28 29 30 31 •8 , i, November 03 �;i January 04 3 T F S •' • . !; S M T W T F S ,�I S M T W .;.. '=G! 1 2 3 . 1 New Years Eve (City Hall OPEN) !�'i� 2 3 4 5 6 7 8 4 5 6 7 8 9 10 I 9 10 11 12 13 14 1511 12 13 14 15 16 17 i 16 17 18 19 20 21 22 Printed by Calendar Creator Plus I 23 24 25 26 27 28 29 18 19 20 21 22 23 24 30 25 26 27 28 29 30 31 I i on 12/8/2003 rj .� J January La Quinta City --Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Fi Saturday lIIE . 1 2 3 ?!}=1`j!!!�'€ I I'il� , '•! !!!;3lilN ! !. i ; !!, ! ! I k 9:00 AM • 4:00 PM SJSR December 03 February 04 `� Ntl. Monument- `!EI= if I�E€=ij S M T W T F S I. € S M T W T F S! Henderson !'• ! i;: ��!€'€i 1 2 3 4 5 6I! 1 2 3 4 5 6 7 �• 7 8 9 10 11 12 13 f€�' '• ! 8 9 10 11 12 13 14 lil New Years Day Extended New Years €li. I lII rl 1 14 15 16 17 18 19 20 j' � 15 16 17 18 19 20 21 (City Hall CLOSED) Holiday (City Hall 21 22 23 24 25 26 27 22 23 24 25 26 27 28 ; CLOSED) I . 28 29 30 31 29 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 10:00 AM Pub. Sfty Abate. -Perkins Henderson vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp.- Commission Advisory Board Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 25 26 27 28 29 30 31 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ Com-Adolph Commission Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne in. I I ;; ON Iffliffil-J Printed by Calendar Creator Plus on 12/8/2003 r) `J 1� February 2004 La Quinta City Council Monthly Planner t3E MMENT REPORT: NTQ•C U ffi INCOMMAIM 'm 5 ti OF T9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety '. DATE: December 16, 2003 RE: Monthly Department Report - November 2003 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of November. The reports depict the following highlights: • Year to date building permit valuation is $284,154,529.28 which represents an issuance of 3,706 building permits through November; • 2,477 animal control cases have been handled through November; • 2,072 code compliance cases have been initiated through November; • 6 new licenses were issued to La Quinta based businesses in November; • $1,840.00 - garage sale permit income in November ��4 O � N S S S S O S S S S N ti S S ti CO) w to M O O O C O o O O O CM OD ti t7 to �e so Q 69- Ui t;9 to so to fA iR to N M co .- M O EA 00 to W) to �N a � M v 40 J p 8 S s� M 8 S S 8 S p O p O p O S S p O p O p O S M Z C r` O C O C O O O O o 6 O O O o N H 49 fo H K fo to fo if1 to if) Ef! 44 69 49 to N Q e- N .- O '(WOO M (Otp M N $ S M ti to h CD to IV 00 M M M e- O 00 M O (O N ti r- O e- N M M p O (V pp N M cM M O N �j 00 CA �p O CM to ti tM N v tV co ca p to R r M o et Q In 00 N H C7 to tG to to ti p � N (o � to T- oD O N to to N 6 v 0 (V r- 00 r` M 0 O O W tH to Mali fig to to Nita 64 K to 0 ti w p O N t� O pp 8 p 8 p 8 op O p O N v coo, w w = N O 'v tt:�9 coM O CV co M r- M. O O N 00 (N O CD a0 a z 8v'► v to p to R tt v� w m m ono � p K S O S CO 0 N 00 0 tiO W) U O ti O MfM tV p to CO co (D O f $ to p � 0 to mMM �N co of Q M o Z Q C ti M N 1� M M N ti � � ti (o W" .- O ti V. CM v (O O (Q Cl) N tV Z J Cl� ou to to .- > N e- iH (O co O r N to at[[77 1 M � (fi O cV K iH t�? to tq gym 1wi 1". lc,41 ."I O a > -_' o io• cQi cqi, tgi S S c`nn to c�'i, g N � �' N Z O Z Q 0p0 � ti 00 ti�p (V 00 g e- M to M 0 V Q Z 00 N M tN M O O .~- (? M O 00 H tip M co .- Mto M T- to H M M O O � ci M r vv ra 0 j �t m = � Crj � iH to CN7 U) t� a0 V- mi 1!, 144ki C,4 F- CO) O pp O t�� p O p O p O S pp pp pp S S pp O M O COO O O (O (O M ton (V M 0 H e- N ti e- O IV 8 K � to M 4H O IT L6 e- e- pp�� O to It. � 04 h O h ZO 00 CV N N M N to o0 O M ti Cr) O� O N g O (Y) M O W 2 C7 tR iMA tN E�H 6NA ti 61% N w fR to to m icil iH F �y O c0 cV N (O M eP tL) M e- M w O N co IV to M M r- .- IT N O N to t- t0 e0 J co to N N N `- O N co m co h W Z J Z J ~ w U -� W J w Z w�Wo NQOO M .- o o .- OD rnp.-�o� 10 N r_-o o w Q w w o 4. J o W ¢ U J J Q O J Z Q J � a Q w Q v Z z a I-- g O LL M Z z 0 O W J W Z Z U Q to J J W W J W 0 J Z O 1,01 lul ILU v� g O U o m O U J w w � J a O a w o � Q a Q C� Z v� O U w � w � H r�n ANIMAL CONTROL REPORT FOR: November, 2003 Steve Alexander, Jackie Misuraca and Moises Rodarte Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 03 DATE 02 HANDLED DATE 03 DATE 02 Doas Alive 35 344 319 Bite Reports 3 36 40 Dead 13 84 63 Animal Trap OTI 1 34 16 Set Ups 5 74 58 Cats Alive 23 195 198 Cruelty to Dead 4 74 68 Animals 0 3 6 OTI 0 3 8 Other Animals Alive 2 95 131 Vicious Animal Dead 3 70 72 Restraining 0 0 2 OTI 0 1 0 TOTAL ANIMALS Special Hour Patrols 0 11 40 Alive 60 634 648 Zoning 0 12 6 Dead 20 228 203 Lost/Found 32 419 386 OTI 1 38 24 Animal Rescue 2 18 22 Outside Agency 0 6 4 TOTAL ANIMALS REMOVED City Reclaims 10 144 116 Other 6 166 183 81 900 875 TOTALS 58 889 863 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 20 0 16 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 21 Other 0 0 0 MONTHLY TOTAL 20 0 37 YEAR TO DATE 234 21 433 TOTAL MONTHLY INCIDENTS HANDLED: Nov 03: 196 Nov 02: 228 TOTAL YEARLY INCIDENTS HANDLED: Nov 03: 2477 Nov 02: 2318 cam., ' 3 CODE COMPLIANCE STAT REPORT FOR November Nov 03 YEAR TO DATE 03 YEAR TO DATE 02 ABATEMENTS: Nuisance Abatements Started 76 1235 1976 Weed Abatements Started 9 115 164 Vehicle Abatements Started 44 708 872 Dwelling Abatements Started 2 14 36 TOTAL STARTED 131 2072 3064 TOTAL COMPLETED 132 1784 2718 Case Followups 323 4823 3805 Home Occupation Inspections 16 141 111 Business License Inspections 0 1 0 Garage Sale Permits Issued 184 1568 1484 4 000000 N N N N N N � � � OO� � y N N N Z qZ W J U w Z CO w J 0 _ Z w aw Ir O cD �� W Z } J ,per}Q>LU lQIxwU3 o �Uaccco = rncornMLOrn 1-NCC) 04Cv) (DNO00 mONU)e-I-O 0�e= �000 00 icococo co co m �QaaQQQ �UUUUUU HH�HHH Z555555 ZZ Z Z Z 2C'10C1000 co U w w I- F- CO NCO o H W UJ � D CO N co IYZZH< mOO�w J ozz co �w w Z J >QaQQO �Q���U� 00 O In .-- ;q .- 000p000O�00 QZ W J U U Z Z H H co O W 0Zw w = Q Z M LLi O J O Z j N < �OE a:�z 2 C m (D C0 aJ0 5Jo U)aZj= J N p m�aF'��Q -j uj :) Um2 m10wOQ00 3 U a Q)>} C O N 014 N O W O d O to 0 co O OO O 9 O 9 4 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 16, 2003 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF NOVEMBER, 2003 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of November. P:\Monthly Report Folder\NOV 2003.doc 9 c. 1 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT NOVEMBER 2003 PROJECT DESCRIPTION CUP'S 0 submitted Development Agreements 0 submitted Environmental Assessments 6 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 1 submitted MUP's 5 submitted Parcel Maps 1 submitted Parcel Mergers 1 submitted Sign Permits 9 submitted Site Development Permits 2 submitted Specific Plans 0 submitted Tentative Tract Maps 2 submitted TUP's 7 submitted Zone Change 0 submitted Zoning Code Amendments 1 submitted �3g P:\Monthly Report Folder\NOV 2003.doc �' l O H V Q -a O C .O O U a� rn ° �� N rn M M° o COO rn� �p� a) CNNL V _ V- CA_ V- .-- C:C U Q=a. cnU M M �0 �� N QUO -0 oc C O O C p • '> 0 'N > O +.+ a a>'� c I L- y CY) co O j 1 (D N c^ U a-� - M Qmm C Q *�0,, a) — >, O M O p. 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CL a UN0(nLLiMr% J(n I- (nY O O z av ro 0 w 4J 0 a 4J 0 z cc O m W V+ D a V W 01 O a. .J a C.� W a 00 0 O a; O to CY) r- C cfl co LO O 3 V C O O.0 0) �j O 0 to E N � O 00 w 0 a� E G O C) o c c c 00 0 � rn 00 C O O cv Q + o 0 n 0 O Ln w 00 (� Ch X +r 4) 4) w O cn ♦, •y O cc V 1 cc 000 c m FL U C.) 0 o) rn c c a �° am aci Q(DD00 J J C N .a C O = O O � CO 00 a) C le C L U c) u- C J c •E m > O ^ W 2 ^C A im DEPARTMENT REPORT: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT0 DATE: DECEMBER 16, 2003 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF NOVEMBER 2003 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JANUARY 2004: Jan 6 *Adult CPR & First Aid Class Jan 12 Yoga Flex Class, Senior Center Jan 12 *Stained Glass Class Jan 12 * Hatha Yoga Jan 12 Pilates, Senior Center Jan 12 Microsoft Excel, Senior Center Jan 12 Ballroom Dance, La Quinta High School Jan 13 *Tap Dance Class Jan 13 *Arthritis Tai Chi Jan 13 * Dog Training Jan 13 Italian for Travelers, Senior Center Jan 13 Adobe Photoshop Advance Course, Senior Center Jan 13 Tae Kwon Do, Senior Center Jan 13 Hatha Yoga, Senior Center Jan 13 Exploring the World of Travel, Senior Center Jan 14 *Beginners Conversational Spanish Jan 14 *Creative Writing Class Jan 14 *Introduction to the Computer Jan 14 *Introduction to the Internet Computer Class Jan 14 *Digital Photography Computer Class Jan 14 Bellydance Lessons, La Quinta High School Jan 14 Line Dance Lessons, La Quinta High School Jan 14 Somatic Yoga, Senior Center Jan 14 Dog Obedience Course, La Quinta Park Jan 14 Beginning Computers, Senior Center Jan 14 Interior Decor, Senior Center Jan 15 *Chili Cook -off Luncheon Jan 15 Adobe Photoshop Introductory Course, Senior Center Jan 16 *Nutrition Class - Diet & Disease Jan 16 *Decorative & Faux Painting Workshop Jan 20 *AARP Driver Safety Program Jan 21 *Sketching/ Drawing Class Jan 22 *Ballroom Dance Workshop Jan 23 *Evening Ballroom Dance/ Social Jan 31 Algodones, Mexico Excursion *Daytime Senior Center class or activity Community Services Department Attendance Report for the Month of November 2003 Summary Sheet Program 2003 2002 Variance Sessions Per Month 2003 2002 Leisure Classes 56 55 1 18 27 Special Events 258 273 -15 3 4 Adult Sports 491 347 144 18 19 Senior Center 1339 1427 -88 107 113 Total 21" 2102 42 146 163 Senior Services Senior Center 351 503 -152 23 18 Total 351 503 -152 23 18 Sports Complex Use AYSO 420 1650 -1230 14 20 Diamond Ringers 75 0 75 4 0 Jr. All American Football 125 0 125 10 0 Total 620 1650 -1030 28 20 LQ Community Park AYSO 980 0 980 18 0 Total 980 0 980 27 0 Facility/Park Rentals Senior Center (Private Pa 400 0 400 2 0 (Churches) 690 0 690 10 0 LQ Community Park (Private Pa 280 0 280 7 0 Fritz Bums Park Private Pa 40 0 40 1 0 Total 1410 0 1410 20 0 Total Programs 5,505 49255 1250 2441 201 Veluriteer Hours Senior Center 3611 539 -178 Total Volunteer Hours 3611 539 -178 j i 3 Mnnthly Ravanaaa _ Facility Rentals Senior Center $ 2,080.00 $ - $ 2,080.00 Parks $ 400.00 $ - $ 400.00 Total Facility Revenue $ 2,480.00 $ - $ 2,480.00 Mnnthly Ravanue Senior Center $ 9,422.50 $ 8,185.00 $ 1,237.50 Community Services $ 1,513.00 $ 2,203.00 $ 690.00 Total Revenue $ 109935.50 $ 10,388.00 $ 547.E 12imummio Your to nata Senior Center $ 42,926.75 $ 33,218.00 $ 9,708.75 Communi Services $ 49,763.00 $ 27,693.00 $ 22,070.00 Total Revenue to Date $ 929689.75 $ 60,911.00 $ 312778.75 J Community Services Program Report for November 2003 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Leisure Classes Mastering the Internet 6 0 6 1 0 Adobe Photoshop Elements 2 7 -5 2 3 Tae Kwon Do 16 8 8 4 6 Hatha Yoga 14 20 -6 1 6 Pilates 9 0 9 4 0 Adobe Photoshop Advance 1 0 1 2 0 Totals 561 35 21 18 15 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Special Events Carlsbad Village Faire 17 15 2 1 1 Getty Museum 16 0 16 1 0 Veterans Day Tribute 225 0 225 1 0 Totals 268 15 243 3 1 2003 2002 2003 2002 Participants Participants . Variance Meetings Meetings Adult Sports Open Gym Basketball 271 207 64 14 15 Adult Soccer League 1 2201 140 80 4 4 Totals 1 4911 347 144 181 19 Recreation Totals 8051 3971 4081 391 35 JS Senior Center Attendance Participation Participation Variance Meetings Meetings 2003 2002 2003 2002 Senior Activities ACBL Bride 136 231 -95 4 4 Ballroom Dancing, Complimentary 18 11 7 1 1 Bridge, Duplicate/Social 538 481 57 14 14 Dog Training, Complimentary 10 6 4 1 1 Monthly Birthday Party 29 28 1 1 1 Monthly' Luncheon 100 106 -6 1 1 Movie Time 44 44 0 3 5 Seminars 27 9 18 4 1 Senior Activity Total 902 916 -14 29 28 Senior Leisure Classes Arts and Crafts 27 29 -2 3 4 Ballroom Dance 15 23 -8 3 2 Bridge Lessons 45 61 -16 8 6 Ceramics 8 29 -21 3 3 Computer 41 29 12 17 Computer Tutor 4 7 -3 4 7 CPR 9 0 9 1 0 Dog Training Class 14 12 2 1 2 Exercise 50 54 -4 12 11 Golden Tones 45 56 -11 3 4 Knitting 11 16 -5 1 1 Quilting. 24 35 -11 3 3 Rug Hooking 8 13 -5 4 4 Sketching/Drawing 14 25 -11 4 4 Stained Glass 10 11 -1 5 2 Tai Chi 20 14 6 6 2 Tap Dance 26 21 5 6 3 Watercolor 29 15 14 4 3 Woodcarving 23 29 -6 3 4 Yoga 14 32 -18 4 3 Senior Leisure Classes Total 437 511 -74 78 85 TOTAL SENIOR PROGRAMS 1339 1427 -88 107 113 Senior Services 0 AARP "55" Course 16 32 -16 2 2 FIND Food Distribution 292 365 -73 4 5 Hearing Consultation 6 1 5 6 1 I.I.D. Energy Assistance 23 9 14 5 4 I.I.D. Energy Assistance/No fee 3 4 -1 3 2 Legal Consultation 7 10 -3 1 1 Medicare/Hi Cap Consultation 4 9 -5 2 3 Volunteers 73 -73 n/a n/a TOTAL SENIOR SERVICES 351 503 -152 23 18 SENIOR CENTER TOTAL 1690 1930 -240 1301 131 on • Department Report: r7— A �Ilaj� Q�C • Inooeau�� nu � of9 TO: Honorable Mayor and Members of the City Council FROM: John M. Falconer, Finance Director DATE: December 16, 2003 RE: Sales and Use Tax Confidentiality At the December 2, 2003 City Council meeting, the parameters of disclosing sales and use tax information were discussed. Rutan & Tucker has prepared an analysis of this matter from Attachments 1 through 5 listed below, which is on the next two pages. Attached please find the rules to which the City of La Quinta adheres, Revenue and Tax Code 7056, which are included in the following attachments: Attachment 1 — Sales Tax Confidentiality .... Following the Rules.... Attachment 2 — Authorization to Review Confidential Sales and Use Tax Information Section 7056 of the Revenue and Taxation Code Attachment 3 — Resolution No. 2002-70 — A Resolution of the City Council of the City of La Quinta, California Authorizing Examination of Sales and Use Tax Records Attachment 4 - Staff report dated May 21, 2002 entitled Approval of a Resolution Authorizing Access to Sales and Use Records Pursuant to Revenue and Taxation Code Section 7056 Attachment 5 - Revenue and Taxation Code Section 7056 If you have any questions please feel free to contact me. Thank you. YI ::': ,TAN :i-a•. .$mom y' �M� R . .... . ... . ' CKER., ATTORNEYS A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD, FOURTEENTH FLOOR, COSTA MESA, CALIFORNIA 92626-1931 DIRECT ALL MAIL TO: POST OFFICE BOX 1950, COSTA MESA, CALIFORNIA 92628-1950 TELEPHONE 714-641-5100 FACSIMILE 714-546-9035 INTERNET ADDRESS www.nitan.com MEMORANDUM TO: The Honorable Mayor and Members of La Quinta City Council FROM: M. Katherine Jenson, City Attorney k T b j Michael R.W. Houston, Assistant City Attorney DATE: December 8, 2003 RE: Sales Tax Confidentiality Under Revenue & Taxation Code Section 7056 The purpose of this memorandum is to provide an overview of California Revenue and Taxation Code section 7056 ("Section 7056), which generally prohibits any person from disclosing information contained on sales or use tax returns. Section 7056 provides that it is "unlawful for the ... [Board of Equalization], any person having an administrative duty under this part or any person who obtains access to information contained in, or derived from, sales or transactions and use tax records of the board pursuant to subdivision (b), to make known in any manner whatever the business affairs, operations, or any other information pertaining to any retailer or any other person required to report to the board or pay a tax pursuant to this part, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return ...." (Cal. Rev.& Tax. Code § 7056(a) (emphasis supplied).) In effect, Section 7056 strictly prohibits unauthorized parties from obtaining sales tax information and prohibits authorized parties from disclosing this confidential information to other persons or using such confidential information for an unauthorized use. See e.g., Sav-On Drugs, Inc. v. Sup. Ct. (1975) 15 Cal. 3d 1, 6 [Section 7056 "manifest[s] a clear legislative intent that disclosures made in tax returns shall not be indiscriminately exposed to public scrutiny"]. Confidential information that is legitimately obtained may only be used for "the purposes related to the collection of local sales or transactions and use taxes ... or for purposes related to other government functions of the ... city ...." As discussed in Attachment 1 to the report of the Finance Director, there are certain rules that permit aggregated information to be provided to the public without violating Section 7056. The unauthorized provision of the confidential information described above constitutes a misdemeanor. (Cal. Rev. & Tax. Code § 7056.5.) 2156/015610-0002 457107.02 a12/08/03 2 The Honorable Mayor and Members of La Quinta City Council December 8, 2003 Page 2 Section 7056 permits counties and cities to obtain this confidential information by entering into an agreement with the Board of Equalization. Cal. Rev. & Tax. Code § 7056(b). The City of La Quinta has such an agreement with the Board. See City Resolution No. 2002-70 (Attachment 3) and the Board Authorization Letter (Attachment 2). Under Section 7056 only a "duly authorized officer or employee of the county, city and county, city or district, or other person designated by that resolution" may examine confidential tax records. Presently, pursuant to Resolution No. 2002-07 and Board approval, only the City Manager, Finance Director, Accounting Manager and Account Clerk are permitted to review confidential information in sales and use tax returns. No other persons at the City of La Quinta are authorized to obtain or use the sales tax information relating to a particular taxpayer. Section 7056 only allows those listed in the approved resolution to obtain access to confidential sales tax information. See Cal. Rev. & Tax Code § 7056(b) ["Expect as otherwise provided herein, this subdivision shall not be construed to allow any officer, employee, or other person authorized or designated by a county, city and county, city or district to examine any sales or transaction and use tax records of a taxpayer." (emphasis supplied).] Therefore, should the City Council desire to revise who at the City has authorization to view confidential sales tax information, a new resolution and Board of Equalization approval would be required. 2156/015610-0002 457107.02 a12/08/03 `� 3 From:NdL CWAWIES 9W 861 772 02/24.M 04:41 #315 P,00202 ATTACHMENT 1 909l61 3 SALES TAX CONMMMALT'I"Y' .... FOWWIV4 the Rube ... . Sties tau ,des is requited by Seadon 70M of tbt Ravoaua and Taxadon Cod* to be Dept confideatial, In Smarm, it is unlawful for any Amon who obtainer access to seta and us* retds 0a:=b known. ittmy:r t'afortnation +.ter r atrludi�a� *stmwt tl +of. 7ui miean3 ttiit the local ju dietion may not disclose aauom of tax paid, wbedwr eaounts puler as up cc dm f m a prior period, ar any other ifbrtaoa that would reveal the btesiu a affairs or operations of a particular 'ai by _ law, saln toad use tax infannstioa : can bo vsed by local vials if tbs lose is "slated to of local sales and an lasers" or �„; ,u �otd litnatioAe of tbs co�gesty, stir, and county, or city." taost of oar client jW#dictions p�vtt , linanca n nvmnue saaapwrs, eco►aovaia �f } � egad ca�aa�aauaity deval t `I Iics :` °�o* `VaCes to loot salas sod un taz allo+catioa iafarreu i� . } �'A�d:'st is xrnlUirred to abxds3 by the provisions of ft%ft 70M. r` opacs,n� iu tb�e jar.0 ' . ' (but not the top 4, at bidlaw). �Y"t.,y ., �� ,�YA;+��,i ��k�^�`aN �kk`N�:;C 1 ¢,� or ?Y� � ���5:;6~�.s.7'�✓#d as�-:�,h i i:.l,t; a �.:� !r 1r'}��/! �. ,., �'T 1' +�xu%t/'•h ha M,F>°�: ��.n 3.s �. �a'" m Fi ,�"._.� .�� .r r5.'a��* �k':? , IOU�"^ [yys � 3t+tc' 'r ."` :.� • �. go x r yr exr �fi , t x�E•t+�.x, R�., ter„ .,,o- ._ ?� �, r f. ,a 7,4r ! ?fi .{ti �s tR � jk trs<. ;,,,."Sr�ia,,,,,-c.M' �:.�J1K�a•s:-'•4 r ..�xx'jv�;'fi,'��,.. x , er, C ...h., r sY�. x7u., a.,� r.x !. Vc:., � ! $� r, \;i ,4,�,,, w .., .. ... , , S i. •�, �c,, � ,.n. r, kK ,. ALL.. � .•'r T'r,� � 3,uk x adA:+'La �•P. � ��a:, i.� .. � arcu�': ��t,.� .gyp- � i r,t. s, ,�• ,� 1 1 r 5'bt � �.� b ).. � 2 ,rY F � �. a ti pixy �r r X '^ � j , �.t r M .�.°� a t '� ri ^" �q �, 4 y{ f � Y .'• �'p' �.y r a r ��` ,w, p� :s1 t^.: .t �� 1 .J 4 {'.r C: %n t0.; +.G t L re l ,,.1. ! �C? , S;^?' ., r t t. +SsR •:•Y. ., ... ., �t , : n7: ��Y1 4:'r 5 1i � 3k1 ul. ;xf ui1'a 7 to y. e y� et k+�� 7 A ;r ,.y. >va y'r:. zy k�fnu k A!%�Yh•9 yi N.>'V S .Rn .M'... Sr,, .,d�na7..sxi A...'�n}k :x r /V Ank ATTACHMENT 2 STATE OF CALIFORNIA STATE BOARD -OF EQUALIZATION f JOHANKLEHs LOCAL REVENUE ALLOCATION SECTION ' - First District, Hayward 450 N STREET, MIC 27, SACt Ek ENTO, CAUFORp OEM ANDAL .._ » (PO BOX 942879. SACI AWENTO, CAlI�`fi�KNIA'94'2'7" Olii7� .. Second District, Stockton TELEPHONE (916) 324.31W"' . a �. CLAUDE PARRISH FAX91a 3 4 ( ) 2 -3001 , . Third Distr;cL San DwW www.boe.ca.gov JOHN CHUWG F District, Los Angeles May 29 2002 . KATHLEEN CONNELL Amy Swan �Jr�Per , �. _ . � State CorNroN.r, secrm.nto . .w Accounting Manager �' �; JAMES E. SPEED City of La Quints Executive Director P. O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 TAC., 33060 Authorization to Review Confidential Sales and Use Tax Information Section 7056 of the Revenue and Taxation Code We have received a copy of your contract with Hinderliter de Llamas & Associates (HDL) and Resolution 2002-70, dated May 21, 2002, which authorizes the examination of Cooftdential Sales and Use Tax records for the City of La Quinta pursuant to Section 7056 of the Revenue- and Taxation code. Resolution 2002-70 has satisfied our request for new resolution that allows the release of both registration and allocation information made in our April 22, 2002 letter. The resolution is effective immediately and supersedes all prior resolutions adopted pursuant to Section 7056. Resolution 2002-70 grants authorization to the City Manager, Finance Director, Accounting Manager, and Account Clerk to examine Sales and Use Tax records collected by the Board for the City of La Quinta. Resolution 2002-70 designates Hinderliter de Llamas & Associates as a representative of the City to examine the Sales and Use Tax records of the Board collected for the City of La Quinta. The resolution certifies that HDL meets all of the four conditions required under section 7056. If you have any questions, please call me at (916) 324-1386. Thank you, Cleveland Turner Associate Tax Auditor Local Revenue Allocation Section cc: Hinderliter de Llamas & Associates ATTACHMENT 3 RESOLUTION NO. 2002-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3, an ordinance imposing a sales and use tax to be administered by the State Board of Equalization and providing penalties for violation, dated May 1, 1982, as amended by Ordinance No. 44, dated December 20, 1983 ("Contract") the City of La Quinta and the State Board of Equalization ("Board") entered into a contract to perform all functions incident to the City's Administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of La Quinta deems it desirable and necessary for authorized representatives of the City to examine confidential records pertaining to sales and use taxes collected by the Board on behalf of the City pursuant to the Contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained -- in, or derived from, the sales and use tax records of the Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The following City officials are hereby designated as the City's representatives authorized to examine records of the Board pertaining to sales and use taxes collected on behalf of the City pursuant to the Contract: City Manager Finance Director Accounting Manager Account Clerk SECTIQ,2. The aforementioned City employees are hereby authorized to examine the sales and use tax records only for purposes relating to the collection of City sales and use taxes by the Board. These efforts include: ■ Business License Administration .— ■ Revenue Budget Administration ■ Redevelopment Agency Administration 0 Resolution No. 2002.70 Sales & Use Tax Adopted: May 21, 2002 Papa 2 SECTION 3. Hinderliter, de Llamas & Associates is hereby designated as the City's independent representative duly authorized to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. Pursuant to the Contract Services Agreement dated July 12, 1994 ("Hinderliter Contract"),Hinderliter, de Llamas & Associates is: a) Authorized to examine those sales and use tax records; b) Required to disclose information contained in, or derived from, those sales and use tax records only to those City officials authorized under Section 1 of this resolution to examine the information; c) Prohibited from performing consulting services for a retailer during the term of that contract; and d) Prohibited from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired. As stated in the Hinderliter Contract, Hinderliter, de Llamas & Associates may only use information obtained during its examination of Board records for purposes of collecting City sales and use taxes. SECTION 4. This resolution supercedes all prior resolutions of the City Council of the City of La Quinta adopted pursuant to subdivision (b) of California Revenue and Taxation Code Section 7056. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and send a certified copy to: State Board of Equalization 450 N . Street P.O. Box 942879 Sacramento, CA 94279-0027 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 21 st day of May, 2002 by the following vote, to wit: `� 7 RssokWon No. 2002-70 Salas & Use Tax Adopted: May 21. 2002 Pap 3 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None /1 r\ JOHN 4.1PENA yor City of QuintCalifornia ATTEST: JU . CREEK, CMC, Ci y Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: 1 M. KA ERINE JENSO ity Atto City of Le Quinta, Ca ' ornia lb COUNCILJRDA MEETING DATE: May 21, 2002 ITEM TITLE: Approval of a Resolution Authorizing Access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 RECOMMENDATION: ATTACHMENT 4 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 7, 1995, the City of La Quinta passed Resolution No. 95-84 authorizing access to sales and use tax records pursuant to Revenue and Taxation Code Section 7056. That Resolution named specific individuals in specific job positions and must be rescinded, and an updated Resolution adopted, to reflect changes in personnel and necessary information for compliance. In a letter dated April 22, 2002, the State Board of Equalization informed the City that their files were being updated, and a new Resolution was needed from the City, identifying specific key points recommended by their legal staff. Information access may be authorized by designation of position/title, rather than individuals' names, thus providing for automatic transfer of Section 7056 authority when personnel changes occur. It is also necessary to authorize information access to allocation information and confidential registration information pertaining to taxpayers in our jurisdiction, in order for the City to obtain sales tax information. J ..0 C1U 9 The information is used to verify correct allocation to the City of La Quinta and to analyze and forecast sales tax revenue. In addition, the City's consultant Hinderliter, del -lamas & Associates must be authorized to obtain this information on the City's behalf, in order to assist the City with verification and analysis of sales tax revenues. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Resolution authorizing access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056; or 2. Do not approve a Resolution authorizing access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056; or 3. Provide Staff with alternative direction. Respectfully submitted, ance Director Approved for submission by: Thomas P. Genovese, City Manager N h[_j yy 61 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 3, an ordinance imposing a sales and use tax to be administered by the State Board of Equalization and providing penalties for violation, dated May 1, 1982, as amended by Ordinance No. 44, dated December 20, 1983 ("Contract") the City of La Quinta and the State Board of Equalization ("Board") entered into a contract to perform all functions incident to the City's Administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of La Quinta deems it desirable and necessary for authorized representatives of the City to examine confidential records pertaining to sales and use taxes collected by the Board on behalf of the City pursuant to the Contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA HEREBY RESOLVES AS FOLLOWS: Section 1. The following City officials are hereby designated as the City's representatives authorized to examine records of the Board pertaining to sales and use taxes collected on behalf of the City pursuant to the Contract: City Manager Finance Director Accounting Manager Account Clerk Section 2. The aforementioned City employees are hereby authorized to examine the sales and use tax records only for purposes relating to the collection of City sales and use taxes by the Board. These efforts include: ■ Business License Administration ■ Revenue Budget Administration ■ Redevelopment Agency Administration 3 r) n j, 1:0 Section 3. Hinderliter, de Llamas & Associates is hereby designated as the City's independent representative duly authorized to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. Pursuant to the Contract Services Agreement dated July 12, 1994 ("Hinderliter Contract"), Hinderliter, de Llamas & Associates is: a) Authorized to examine those sales and use tax records; b) Required to disclose information contained in, or derived from, those sales and use tax records only to those City officials authorized under Section 1 of this resolution to examine the information; c) Prohibited from performing consulting services for a retailer during the term of that contract; and d1 Prohibited from retaining the information contained in, or derived from those sales and use tax records, after that contract has expired. As stated in the Hinderliter Contract, Hinderliter, de Llamas & Associates may only use information obtained during its examination of Board records for purposes of collecting -City sales and use taxes. Section 4. This resolution supercedes all prior resolutions of the City Council of the City of La Quinta adopted pursuant to subdivision (b) of California Revenue and Taxation Code Section 7056. Section 5. The City Clerk shall certify to the adoption of this Resolution and send a certified copy to: State Board of Equalization 450 N. Street P.O. Box 942879 Sacramento, CA 94279-0027 PASSED, APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council, held on this 21 st day of May, 2002 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: r j1 %, , �J U4 12 JOHN J. PENA, Mayor City of La auinta, California ATTEST: JUNE GREEK, City Clerk City of La auinta, California APPROVED AS TO FORM: KATHY JENSON, City Attorney City of La auinta, California U6'l J ►? el 065 13 WAIS Document Retrieval ge 4 of 7 ATTACHMENT 5 p7!property the storage, use, or other consumption of which is subject to ax. The reports shall be fi e board requires and shal o s and addresses of purchasers of the tangibl a prope sales price of the property, the dat sale, and such other informatio oard may require. 7056. (a) (1) Excepting the information set forth on permits issued under Article 2 (commencing with Section 6066) of Chapter 2, the information set forth on certificates of registration issued pursuant to Section 6226, and the terms of any settlement made pursuant to Section 19442 (as amended by Chapter 138 of the Statutes of 1994), it is unlawful for the board, any person having an administrative duty under this part or any person who obtains access to information contained in, or derived from, sales or transactions and use tax records of the board pursuant to subdivision (b), to make known in any manner whatever the business affairs, operations, or any other information pertaining to any retailer or any other person required to report to the board or pay a tax pursuant to this part, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person. (2) It is also unlawful for any person, other than an officer or employee of a county, city and county, city, or district, who obtains access to information contained in, or derived from, sales or transactions and use tax records of the board pursuant to subdivision (b), to retain that information after that person's contract with the county, city and county, city, or district has expired. (3) Notwithstanding paragraphs (1) and (2), the Governor may, by general or special order, authorize examination by other state officers, by tax officers of another state, by the federal government, if a reciprocal arrangement exists, by the tax officials of Mexico, if a reciprocal agreement exists, or by any other person of the records maintained by the board under this part. The information so obtained pursuant to the order of the Governor shall not be made public except to the extent and in the manner that the order may authorize that it be made public. (b) When requested by resolution of the legislative body of any county, city and county, city, or district, the board shall permit any duly authorized officer or employee of the county, city and county, city, or district, or other person designated by that resolution, to examine all of the sales or transactions and use tax records of the board pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the county, city and county, city, or district by the board pursuant to contract entered into between the board and the county, city and county, city, or district under the Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)). Except as otherwise provided herein, this subdivision shall not be construed to allow any officer, employee, or other person authorized or designated by a county, city and county, city, or district to examine any sales or transactions and use tax records of any taxpayer. The costs that are incurred by the board in complying with a request made pursuant to this subdivision shall be deducted by the board from those revenues collected by the board on behalf of the county, city and county, city, or district making the request. (1) The resolution shall certify that any person designated by the ` ti 14 http://www.leginfo.ca.gov/cgi bin/waisgate?WAISdocID=4684408093+0+0+0&WAISacti... 12/3/2003 WAIS Document. Retrieval Page 5 of 7 resolution, other than an officer or employee, meets all of the following conditions: (A) Has an existing contract with the county, city and county, city, or district to examine those sales and use tax records. (B) Is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the county, city and county, city, or district who is authorized by the resolution to examine the information. (C) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract. (D) Is prohibited by that contract from retaining the information contained in, or derived from, those sales or transactions and use tax records, after that contract has expired. . (2) Information obtained by examination of board records as permitted in this subdivision shall be used only for purposes related to the collection of local sales or transactions and use taxes by the board pursuant to the contract, or for purposes related to other governmental functions of the county, city and county, city, or district set forth in the resolution. (c) If the board believes that any information obtained pursuant to subdivision (b) has been disclosed to any person not authorized or designated by the resolution of the legislative body of the county, city and county, city, or district, or has been used for purposes not permitted by subdivision (b), then notwithstanding subdivision (b), the board may impose conditions on access to its sales and use tax records which the board considers reasonable, in order to protect the confidentiality of those records. (d) Predecessors, successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest, and penalties. (e) For purposes of this section, "reciprocal agreement" means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information which is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals. 7056.5. (a) Except as otherwise provided by this article or other express provision of law, the information furnished or secured pursuant to this part shall be used solely for the purpose of administering the tax laws or other laws administered by the person or agency obtaining it. Any willful unauthorized inspection or unwarranted disclosure or use of the information by the person or agency, or the employees and officers thereof, is a misdemeanor. For purposes of this section, "inspection" means any examination of confidential information furnished or secured pursuant to this part. (b) The board shall notify a taxpayer of any known incidents of willful unauthorized inspection or unwarranted disclosure or use of the taxpayer's confidential tax records, but only if criminal charges have been filed for the willful unauthorized inspection or U http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4684408093+0+0+0&WAISacti... 12/3/2003 15 WAIS Document Retrieval Page 6 of 7 unwarranted disclosure. 7056.6. (a) Except as otherwise provided by law, any person who is engaged in the business of preparing, or providing services in connection with the preparation of, returns under Chapter 5 (commencing with Section 6451), or any person who for compensation prepares any such return for any other person, and who knowingly or recklessly does either of the following, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000) or imprisoned no more than one year, or both, together with the costs of prosecution: (1) Discloses any information furnished to him or her for, or in connection with, the preparation of the return. (2) Uses that information for any purpose other than to prepare, or assist in preparing, the return. (b) Subdivision (a) shall not apply to disclosure of information if that disclosure is made pursuant to the person's consent or pursuant to a subpoena, court order,.or other compulsory legal process. 7of EqudITZaTI a thorized to accept an application for a seller's permit under Se ion 6066 of this code or authorized to register a retailer under Sect n 6226 of this code shall at the time of acceptance of such an applic tion or such registration, ascertain whether or not the person is also equired to register as an employer under Section 1086 of the Unemp oyment Insurance Code, and if so shall register the person as an empl er on a form provided by the Employment Development Department a d shall promptly notify the Employment Development Department of uch registration. 7058. A certificat by the board or an employee of the board stating that a notice required by this part was given by mailing or personal service .shall\e-afacie evidence in any administrative or judicial proceedingct and regularity of the mailing or personal service in acith any requirement of this part for the giving of a noticeotherwise specifically required, any notice provided by thibe mailed or served may be given either by mailing or bservice in the manner provided for giving notice of a deft mination. 7060. (a) The board, under regulations rescribed by the board, may establish a reward program for informatio resulting in the identification of underreported or unreport taxes due under this part. Any reward may not exceed 10 percent o the taxes collected as a result of the information provided. Any pers n employed by or under contract with any state or federal tax col ction agency shall not be eligible for a reward provided pursuant to t s section. (b) Within 21/2 years of the effective date of the ct adding this subdivision or within 21/2 years of the commencement o program pursuant to subdivision (a), whichever is later, the boar shall report to the Legislature on all of the following: (1) The number of informant letters and telephone calls re ived duri= the 2-year period following the effective date of the act J 16 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4684408093+0+0+0&WAISacti... 12/3/2003 l��—z-- DEPARTMENT REPORT: a40� �0 • OF U rY TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: December 16, 2003 RE: Public Works/Engineering Department Report for November 2003 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; 5. Engineering Policy Statement for Deceleration Lanes; 6. 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O a C p +', 7 0 cn Vi O C E O C CM O �(n V c� c c 0�C Q•'� C O E E co 0 O '� D O d'a.Cy) •J '� 0 •ai O •co +_ 0 0o 'U) c-0 'C D ,co E p .a Q a o cn p aU'i � � cn C o� O C M 'E � c cn C E a,cu C C .0 0� '� •co C (.N 0 N c 0 0 C> D E '0 aC x 0 O >� 0 L- C W � C C co a) e— cn C Q cv C r' 0 0 cn C Q O Q '0 W . � L) — 0) C a co O C C -0 -0 v E C_ E C E C_ E E L UO O O O O .a Z C 0 .0 0 c 0 cn •a E -0 E -0 E -0 �, 0 0 N ca V 0 0 0 0 0 W0 W co (0 00 a � T- O O O r- N cY) LO Uci Lr) m o. (, O M M M Ct O O N > U> O > M O � O m N E 0 }, n. x > c c °- c w�a 0+' oc�-0ao, E0 oc� }' J O E M 0 C C m 0 > U a)C > O — W ui Q M > !E0 -0 O 0 O cn ` O ;}+ 0 a u. U- cn �' cn cn Q m MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: November, 2003 Em loyee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 0 Man 1 Man Total 1000 Policing/inspection 31 11 0 23 65 1001 Pot Hole-Repair/Patching 45 17 0 0 62 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 3 0 0 0 3 1004 Pavement Marking/St ping 0 0 0 0 0 1005 lCurb Painting 0 0 0 0 0 1006 Other Traffic Controls 28 7 0 0 35 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 2 0 0 0 2 1009 Street Sign Install (New) 6 0 0 0 6 1010 Street Sign Repair/Maint 40 6 0 1 47 1011 Debris Removal 24 44 0 2 70 1012 Right of Way Maint. 22 102 0 0 124 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 4 0 0 0 4 1023 Retention Basins Repair/Maint. 0 9 0 0 9 1024 Gutter/Median Sand Removal 0 0 0 1 1 1025 Street Sweeping (Machine) 83 0 0 0 83 1026 Street Sweeping (Hand) 0 5.5 0 0 5.5 1027 Sidewalk/Bike Path Cleaning 7 0 0 0 7 1028 Dust Control 0 0 0 0 1029 Flood Control 23 25 0 5 53 1031 Parks/Retention Basins Inspection/Clean- 6 2 0 2 10 1041 Mowing/ Weeding, Shrubs & Tree Trimmi 27 12.5 0 6 45.5 1051 Landscape/Irrigation Contract Manageme 0 35 0 16 51 1052 Lighting/Electrical Contract Management 0 25 0 15 40 1061 Small Tools Repair/Maint. 0 2 0 0 2 1062 Equipment Repair/Maint. 10 2 0 0 12 1063 Vehicle Repair Maint. 17 7 0 0 24 1081 Trash/Litter/Recycable Removal 10 25 0 0 35 1082 Vandalism Repairs 0 5 0 0 5 1083 Graffiti Removal 24 22 0 0 46 1084 Maint. Yard Building Maint. 16 0 0 1 17 1085 Seminars/Training 0 0 0 0 0 1086 Special Events 0 0 0 1 1 1087 Citizen Complaints/Requests 49 33 0 1 83 1088 Meeting 9 16.5 0 24 49.5 1089 Office (Phone, paperwork, reports, Misc.) 8 37.5 0 36 81.5 SUBTOTAL 494 451 0 134 1079 1091 Over Time 57 5 0 0 62 1094 Jury Duty () 0 1095 Sick Leave 34 20 0 2 56 1096 Vacation 80 73 0 153 1097 Holiday 112 96 0 24 232 1098 STD (Short Tenn Disability) 0 0 0 0 0 1099 Bereavement (George) 0 0 0 0 0 SUBTOTAL 283 194 0 26 503 TOTAL HOURS 777 645 0 160 1582 TOTAL MILES 2439 3703 01 4301 6572 P.O. Box 1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 ENGINEERING BULLETIN # 03-08 TO: All Interested Parties FROM: bWimothy R. Jonasson, Public Works Directory/City Engineer DATE: December 16, 2003 SUBJECT: Auxiliary Lanes and Traffic Impact Studies Required for Proposed Development Projects This Engineering Bulletin establishes the City's policy on when auxiliary lanes and traffic impact studies will be required for proposed development projects. AUXILIARY LANES Auxiliary lanes shall be installed on all Primary Arterial streets, and higher order street classification according to the following criteria: a) A left -turn deceleration lane with taper and storage length is required for any driveway with a projected peak hour left ingress turning volume greater than 25 vehicles per hour (vph). The taper length will be included within the required deceleration lane length. b) A right -turn deceleration lane with taper and storage length is required for any driveway with a projected peak hour right ingress turning volume greater than 50 vehicles per hour (vph). The taper length will be included within the required deceleration lane length. c) Right -turn deceleration will not generally be required on streets with more than three travel lanes in the direction of the right -turn lane. Auxiliary lanes will also be required to meet the following criteria: 1. The minimum lane length shall be 100 feet plus taper length. 2. The right-of-way must be widened 12 feet to accommodate the 12-foot wide auxiliary lane. 3. No reductions in the width of the landscape buffer will be permitted to construct the auxiliary lane. 4. All auxiliary lanes must be contained within the development project limits. 9 �� TRAFFIC IMPACT STUDIES All proposed development projects will be required to prepare a traffic impact study if they meet the following criteria: 1. The project is anticipated to generate 50, or more, peak hour trips; 2. The City Engineer reserves the right to require a traffic impact study when in his/her judgment the project will create potentially significant impacts to the level of service to any adjacent streets or intersections The balance of this page is intentionally left blank. 10 . CV MEMORANDUM TO: Honorable Mayor and City Council Members FROM: 01mothy R. Jonasson, Public Works Director/City Engineer DATE: December 16, 2003 RE: Avenue 58: Madison Street to Lake Cahuilla Access Road Engineering staff has investigated the estimated cost to improve the subject segment of Avenue 58 in accordance with the approved alignment for Avenue 58 and Jefferson Street adopted by City Council Resolutions 95-40 and 95-41. Staff has also researched City files to determine the extent of existing security posted by developers to aid in the cost of improving subject segment of Avenue 58. The November 18, 2003 Department Report identified the Development Impact Fee (DIF) program as reserving $1,098,240 for core improvements to this section of road, as well as $447,000 in the Pavement Management Program (PMP) for resurfacing this roadway in 2006/2007 (see Attachment 1). This roadway is also listed in the Capital Improvement Program (CIP) additional project list. The findings are as follows: Cost Estimate Please refer to the attached map of the alternatives. Alternative #1 — $2,870,000 Construct full width improvements (between curbs only) between Madison Street and the Lake Cahuilla Access Road. It should be noted that the estimate includes approximately $1,000,000 to import 200,000 cubic yards of soil in order to construct a ramp over the flood control dike. If soil in the immediate vicinity could be acquired, the soil import cost would be significantly reduced. This alternative would widen the entire length of Avenue 58 from Madison Street to the Lake Cahuilla access road, regardless of whether or not the City held bonds from the adjacent property owner. A similar approach was used for widening Avenue 48 as a single project. T:\PWDEPT\COUNCIL\2003\12-16-03\Dept Report - Avenue 58.doc v Alternative #2 - $2,460,000 This alternative provides two different improvement widths depending on location: 1) an interim width improvement (i.e. 40-foot wide AC pavement section for the core of the street only) between Madison Street and the east boundary of PGA West, where adjacent development projects would be conditioned to install the additional pavement width as those properties are developed; and 2) a full width improvement from the east boundary of PGA West to the Lake Cahuilla Access Road utilizing $629,354 from Tract No. 28960 (i.e. PGA West) to participate in the cost of the improvements, with the balance publicly funded. This alternative also contains the $1,000,000 line item for soil import, which hopefully can be reduced. Conclusion Regardless of which alternative is chosen, there is a slight funding shortfall due to the expense of crossing the dike. Staff anticipates working with either developers or the Coachella Valley Parks and Recreation District to secure less expensive fill soil to overcome this shortfall. In the meantime public funding of the improvements to Avenue 58 will have to be viewed in light of other transportation improvements and street maintenance funded by the DIF and PMP. T:\PWDEPT\COUNCIL\2003\12-16-03\Dept Report - Avenue 58.doc 12 J v J � I'� ATTACHMENT 1 Bond Summary & Existing Requirement to Construct Alternative #1 Existina Bonds PGA West (Tract No. 28960).......................... $629,354 Lions Gate (Tract No. 28034).............................38,000 Stone Creek Ranch (Tract No. 30834) ...............132,818 Quarry Ranch (Tract No. 30651).....................(See Footnote 1 ► Subtotal....................................................... $800,172 Future Bonds Tentative Tract No. 31249 ........................... 1,320 LF Coral Mountain (Specific Plan 03-067) ........... 2,640 LF Subtotal......................................3960 LF = $330,000 Future Public Funding (See Footnote 2) DIF (no date identified) ................................ $1,098,240 CIP 2006/2007.......................................... $447,000 Subtotal................................................. = $1,545,240 TOTAL...................................................... $2,675,412 Alternative #2 Existing Bonds PGA West (Tract No. 28960) (see Footnote 3) .. $629,354 Subtotal.................................................... = $629,354 Future Public Funding (See Footnote 2) DIF (no date identified) ................................ $1,098,240 CIP 2006/2007.......................................... $447,000 Subtotal ................................................. = $1,545,240 TOTAL...................................................... $ 2,174, 594 1 Quarry Rancho has posted security for Jefferson Street along its easterly boundary, but that segment is south of Lake Cahuilla Road (i.e. beyond the subject study area) and can not be applied to this project. 2 Future Public Funding is subject to competition with other transportation improvements and maintenance priorities. 3 The PGA West security is the only security that can be applied to offset the estimated cost of this alternative because these improvement costs were included in the estimate. T:\PWDEPT\COUNCIL\2003\12-16-03\Dept Report - Avenue 58.doc 13 Z -Gown-lom •b 1 DEPARTMENT REPORT: 7 CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT November 2003 City of La Quinta La Quinta Police Department Captain John Horton, Commanding November 2003 Highlights (Numbers in parenthesis denotes number of calls for service that day) Saturday, 11-01-03 (86): At approx. 0024 hours, Deputies responded to Dune Palms MHP reference several subjects fighting in the street. Deputies arrived in the area but were UTL any disturbance. Desert Dispatch later received a phone call from Eisenhower Hospital regarding an assault victim out of La Quinta. Cpl Perez responded and contacted Joseph Puchi. Puchi admitted to being in a physical altercation at the MHP and struck over the head with a bottle but refused to provide Cpl. Perez with any useful information. Puchi sustained a laceration to his head and shoulder during the altercation. Cpl. Perez is writing an assault with a deadly weapon report to document the incident. At approx. 0035 hours, Deputies responded to the 52000 block of Avenida Navarro reference a loud party. Deputies arrived at the location and found approx. 60 subjects in the street. During contact with the homeowner, Deputies learned that there had been two fights at the location prior to their arrival. A small amount of blood was found in the driveway but the victim(s) were nowhere to be found. Deputies checked with local hospitals but were UTL any victim(s). The party was dispersed. Sundav,ll-02_-03 (46): At approx. 1940 hours we received a call of some lost hikers in the La Quinta area. With the assistance of C.H.P's, H-60 air unit, we were able to pinpoint their location. The search and rescue team was called out. At 0200 hours they were still working on getting them out of the hills, and Sgt. Gnatek relieved me. Additional information to follow by Sgt. Gnatek. On 11/03/03, at about 0700 hrs. H-60, CHP's helicopter, arrived and airlifted the hikers to safety. The names of the hikers are Ernesto Gonzalez of La Quinta, Clerc Alain of Rancho Mirage, Philippe Serrus of La Quinta, and Didier Tsirony of La Quinta. All four hikers suffered from fatigue and cold. Gonzalez also sustained a bruised left knee. During the search, Barbara Miller, a volunteer search and rescue person had fell and sustained injuries to her right leg and face. She was treated at Eisenhower Immediate care and released. Deputy Gnatek completed the industrial injury paperwork. 2345 Hrs-Deputy Hendry responded to the area Monroe and Ave. 56 reference a sexual assault. Upon arrival, he spoke with a female victim from Palm Springs. According to the victim, she and a Hispanic male (known only as Oscar) drove to the area of the 55000 block of Monroe to use some illegal drugs. (During the investigation, she admitted to being a prostitute) While there, they got naked and she orally copulated Oscar. Oscar then wanted to have sexual intercourse with her. When she refused, he got angry, attempted to keep her clothes and refused to let her out of the vehicle. The victim said she managed to get out of the vehicle with her clothing and screamed for help. The suspect vehicle is a gold color Mercury Cougar with unknown license plate number. The vehicle was last seen traveling south on Monroe from their location. A rape kit completed on O'Kelly and Rape Crisis counselor arrived and spoke with her. Monday, 11-03-03 (59): At approx. 2110 hours, Deputy Monis arrested William Wilkins for public intoxication during a suspicious vehicle call at Eisenhower and Tampico, in La Quinta. Tuesday, 11-04-03 (83): No significant activity to report. Wednesday,11-05-03 (59): 1205 hours, Deputy Orr was driving through the parking lot of the Vons at Hwy I I I X Washington when he heard an explosion coming from the front of the store. He described it as being louder than a firecracker and possibly being an M-80. He confronted the picketers who denied involvement. A picketer, later identified as Charlie Box, admitted responsibility and said he lit off a firecracker. There was no evidence in the parking lot of paper shreds. Box had an outstanding traffic warrant and was subsequently arrested. Box was then transported to the station where he was cited and released after being photographed. Dep. Orr documented the incident as a violation of 12671 H&S but there wasn't enough evidence to make an arrest or prosecute the case. Deputy Adams arrested David Anthony Herrera and Leah Hernandez for vehicle theft & receiving stolen property after they made an illegal turn at Miles Ave. and Dune Palms. The vehicle was stolen in Indio on 11/03/03. Both were booked at the Jail. Thursday, 11-06-03 (73): No significant activity to report Fridaw 11-07-03 (79): At approx. 0015 hours, Deputy J. Garcia conducted a traffic stop at Hwy I I I X Adams and contacted Manuel Felix. During a consensual search, Deputy Garcia located 7.5 grams of marijuana and a glass pipe. Felix was cite & released. Saturday,11-08-03 (32): No significant activity Sunday,11-09-03 (55): No significant activity Monday,11-10-03 (73): 1350 hours, Dep. Donivan conducted a pedestrian check on wanted residential burglary suspect Randy Marroquin, in front of the Dune Palms Mobile Home Park, at the 46000 block of Dune Palms Rd. Marroquin told him that he had a gun then ran away. We placed a perimeter around the park, obtained air support and C-K9. (S) Marroquin was located hiding underneath a trailer. He surrendered just before the dog was sent under the mobile home and was taken into custody without further incident. The neighboring schools were put on lock down for about twenty minutes for the safety of the children. Deputy Quintero handled an APS case involving neglect by the daughter of an 88-yr. old woman from LQ. The woman is at JFK under APS custody and a case is in progress on evaluating her at JFK. Guardianship is pending. Two greedy daughters want her several million dollars in dispute over her estate when she dies. Both sisters dislike each other, but want control over the mom. One sister, Lee Tianae Richardson will be filed on due to bedsores and general neglect as a caregiver. The woman is not fed or given water and was admitted as being dehydrated. The second sister came into the office argue with me and insisted on speaking to the Captain when I told her the case was being forwarded to the District Attorney for review. She said she would go to the press and wanted to speak to Grover Trask personally. The second woman Linda Grant said she "diagnosed" her mother's condition as congestive heart failure and said the doctor at JFK is wrong. She may make an appointment to see the Captain. I forwarded the information to OAS Aguirre. J� Tuesday, 11-11-03 (79): At 2130 hrs- Sr. Deputy Swan conducted a traffic stop at Adams south of Hwy. 111 on Edwin Vela, of La Quinta for unsafe speed. During the stop, Vela used a false name and date of birth. Sr. Deputy Swan was able to determine Vela's true name and DOB and learned that Vela had a suspended license and a felony poss. of a designated controlled substance warrant. Wednesday,11-12-03 (62): At approx. 1200 hours, Deputy Adams arrested Robert Joseph Pasquariello for driving under the influence of alcohol in La Quinta. At 2140 hours, Deputy Reynoso responded to Home Depot on Hwy. 111 in reference a shoplifter in custody. Upon his arrival, he spoke with Miguel Ferrer, who admitted to entering Home Depot to steal property and sell it. Ferrer was arrested for burglary and booked into Indio jail. At approx. 0030 hours, Deputy Ervin responded to the 53000 block of Avenida Rubio reference an attempt suicide. Upon arrival, Deputy Ervin contacted David Burk. Burk had cut his left wrist with a serrated knife. Burk was subsequently transported to JFK hospital for medical clearance then to Indio Mental Health for a 72-hour evaluation. Thursdav, 11-13-03 87 At approx. 0130 hours, Deputy JC Garcia responded to the area of Tampico and Bermudas reference two males fighting. Deputy Garcia responded to the area and conducted a bike stop on Daniel Oshaunassy (22 years). Oshaunassy refused to cooperate with Deputy Garcia. Oshaunassy was subsequently arrested for resisting arrest after he refused to sign a citation for operating a bike at night w/o lighting equipment. 1522 hours- Deputies from the Indio Station responded to an armed robbery at the PFF bank, located at the 78000 block of Hwy I I I in the City of La Quinta. Bank employee's reported two black male adults had robbed them at gunpoint. The suspects fled the area in a green Ford Expedition with paper plates. With in minutes, Deputy Michaels spotted the vehicle headed N/B on Washington St. towards the I-10 freeway. Deputy Michaels radioed for additional unit and initiated pursuit of the vehicle. The pursuit traversed north on Washington St. then west on I-10. CHP entered the pursuit and disabled the suspect vehicle near Whitewater with a spike strip. The suspects abandoned the vehicle near Verbenia Ave. and fled on foot. Deputy Michaels, Issac White and CHP officers gave chase. All three suspects were taken into custody a short time later. The suspects were identified as Germaine Wheeler, Charles Spencer and Roldolph Pyne. All three suspects were booked into the Indio Jail and a bail enhancement of one million dollars was secured. 2125 hours- Deputy Reynolds arrested Anthony Sauceda for public intoxication after responding to the 51000 block of Avenida Mendoza regarding an unknown trouble. During the investigation, Sauceda became uncooperative during a pat search for weapons. He was subsequently arrested and booked into the Indio Jail. Friday,1 -14-03 (116): 1616 hours - Deputy Quintero responded to Stater Bros Market, at the 78000 block of Hwy. 111, La Quinta in reference to a 490.5 PC suspect in custody. Upon his arrival, he interviewed Clinton Doering, who admitted to entering the store without money with the intent to steal groceries. Doering was stopped walking out of the store with over $300.00 in groceries. Doering was booked into Indio jail for burglary. 1950 hours - Deputy Quintero again responded to Stater Bros Market, 78630 Hwy. 111, La Quinta in reference to a shoplifter suspect in custody. Upon his arrival, he interviewed John Pavelak, who admitted to entering the store without money to steal groceries. Pavelak was stopped walking out of the store with over $400.00 in groceries, including 23 boxes of Sudafed. Pavelak was booked into Indio jail for burglary, and SIB-E will be notified. Saturday,11-15-03 (69): 0300 hours - Deputy Harter arrested Charles Rose for battery on spouse after responding to a domestic dispute at the 54000 block of Shoal Creek, La Quinta. Charles and his wife, Tina Rose, were heard arguing by their neighbors. Deputy Harter learned that Charles assaulted Tina during the argument. Charles pushed Tina against a wall and then onto a bed. Charles was booked into Indio Jail. At 2110 hours, Deputy Ortega responded to the 54000 block of Riviera Lane in La Quinta in reference to an unattended death. Upon his arrival, he found that Nobunori Shigezaki, had died in his room. No signs of foul play or trauma were found. Shigezaki was hospitalized for 6 months while in Japan, and was just released a week ago to return home. The Coroner's office was notified and did not respond. Sgt. Shields responded to assist. Sunday.11-16-03 (60): 0430 hrs- Deputy Hendry responded to Ave. Rubio and Calle Chihuahua reference suspicious persons sitting in a parked vehicle. Upon arrival, he met with Marco Lopez. Lopez was under the influence of alcohol and was unable to provide a reasonable explanation for being in the area. Because Lopez was unable to care for his safety or the safety of others, he was arrested for public intoxication and booked into the Indio Jail. He was later released from custody. At approx. 2100 hours, Deputy Krachman arrested Patricia Marsden for spousal abuse and for a parole violation warrant at the 53000 block of Avenida Carranza, in La Quinta. Marsden assaulted her live in boyfriend during a domestic dispute. Marsden was taken to JFK Hospital for an okay to book because she was eight months pregnant. While at the hospital, Marsden's primary care doctor was contacted and he demanded she be admitted due to her "High Risk" pregnancy. Because of Marsden's medical condition, State Parole dropped their hold and we filed our case out of custody. Lt. Walker notified of the incident. At approx. 1850 hours, Deputy Ortega arrested Richard Flaherty for driving under the influence of alcohol at Avenue 48 and Jefferson. Flaherty fell asleep at the wheel at this intersection while waiting for a green light. He was intoxicated and was arrested for D.U.I. At approx. 1719 hours, Deputy Lewis arrested Ismael Gonzalez for shoplifter at the La Quinta Wal-Mart. Gonzalez was caught stealing 2 compact dvd's by security. ell Monday,11-17-03 (63): At approximately 0800 hours, Deputies from La Quinta received information that a 7-year-old Truman Elementary School student brought a gun to school. It was determined that the student found a 2" blue plastic toy gun at one of the bus stops and brought it to school and gave it to a yard supervisor. Truman Elementary faculty and the bus driver were aware that it was a toy gun; however, alerted the police. 2002 hrs-Deputy Bashe responded to Fred Waring & Washington St. to investigate a two -vehicle collision. P-1 Brittany Wiczek made left turn from south bound Washington St. to eastbound Fred Waring on a red signal and was struck by P-2 Cortazar who was traveling northbound on Washington St. Tuesday,11-18-03 (73): 1325 hours - Deputy Pierce responded to Wal-Mart reference telephone calls with the intent to annoy call. Her investigation revealed that the victim, Lupe Basquez had received a call from her ex -boyfriend, Merl Houston. He threatened to shoot her after she refused to meet him after work to talk about moving back in with him. Deputy Pierce contacted him at his workplace (Ralph's / Indian Wells) and took him into custody. He has a past history of domestic violence and TRO violations. He was booked at Indio Jail for terrorist threats. 1730 hours - La Quinta SET assisted CVNTF with a search warrant at the 54000 block of Avenida Velasco in La Quinta. They arrested Danny Cribbins for poss. for sale, transportation and receiving stolen property. Officers located 80 grams of methamphetamine and seized over $6,000 in cash. Several stolen credit cards were also located. Cribbins was booked into the Indio Jail. Wednesdav,_11-19-03 (87): 2300 hours - Deputy Ervin arrested Philip Rodriguez for spousal abuse after responding to a domestic dispute at the 51000 block of Avenida Martinez. Deputy Erivin's investigation revealed that Rodriguez assaulted his girlfriend, Veronica Rico. Rico stated Rodriguez threw her into a wall and spat in her face. Rico also had contusions on her body from previous assaults. Rodriguez was booked into Indio Jail. Thursday,11-20-03 (100): La Quinta motor units issued 42 traffic citations throughout the day. Friday,11-21-03 (88): 1500 hours - Deputy Burns and Bianco arrested Francisco Barajas (20 years) for assault with a deadly weapon after responding to the 52000 block of Avenida Ramirez for a disturbance. Deputies learned that Barajas had thrown a knife at his stepfather. Barajas was booked into the Indio Jail. Saturday,11-22-03 (76): 0230 hours - Members of the LQ SET observed a male acting strange near the Circle K store on Calle Tampico. They monitored the individual, later identified as Paul Godine (43 years) did for approx. 20 minutes while he was in the store. They witnessed Godino steal several packs of cigarettes and other items. Deputies later contacted Codine outside of the store and found him in possession of various stolen items. Codine was arrested and a search of his vehicle was conducted. Deputies found several hypodermic syringes, a small amount of marijuana and prescription medication. Codine was later booked into Indio Jail for receiving stolen property, petty theft with priors, poss. of a syringe, poss. of a controlled substance and poss. of marijuana. 2105 hours, Deputy Espinoza arrested Sergio Rios for vandalism at the 52000 block of Avenida Madero, in La Quinta. Rios intentionally pushed his cousin's car into a garaged door causing extensive damage to the door. Sunday, 11-23-03 (54): 0200 hrs-Deputy Perez stopped a vehicle in the area of Obregon and Monterey for failing to stop at a posted stop sign. The driver identified himself to be Jonathon Lopez. While talking with Lopez, it appeared he had the signs of being under the influence of alcohol. Lopez performed FSTs to show his sobriety. Based upon his FSTs, Lopez was arrested for driving under the influence of alcohol and booked into the Indio Jail. 0441 hrs-Deputy Harter responded to a 911 domestic dispute at the 79000 block of Calle Palmeto. A child phoned 911 and told the dispatcher that her mother and father were fighting. Upon his arrival, nobody would answer the door. After making several verbal attempts to contact the homeowners, they came to the front door. Deputy Harter met with Patrice Lucas and Patrick Lucas. During the investigation, Patrick acted irate, waved his arms in a violent manner and continued to yell and make threats towards Patrice. Based upon Patrick's violent and irate behavior, he was arrested for resisting arrest and booked him into the Indio Jail. Monday, 11-24-03 (64): 2320 hrs-Deputy Harter attempted to make a traffic stop on a silver Jaguar that ran a traffic signal at Washington St and Ave 52. The vehicle was seen weaving back and forth on the roadway and appeared to be a DUI driver. The vehicle failed to stop when Deputy Harter activated his overhead lights. Sgt. Pinon authorized Deputy Harter to pursue the vehicle due to it being a possible DUI driver. The pursuit trailed in and out of PGA West and ended in a T/C at Ave. and Jefferson St. at the turn about. The driver was later identified to be Lewis Holmes of La Quinta. He was found to be very intoxicated. He was sent to Desert Hospital for evaluation and was given an okay to book. None of the patrol units involved in the pursuit were damaged. No Civilians were harmed. The only damage noted was to Holmes' vehicle where it had collided into the turn -about. Some engine oil and other engine fluids leaked onto desert garden on the turn- about. I phoned La Quinta Public works and told them about the accident that occurred on the turn -about so the fluids could be cleaned up. Deputy Harter arrested Homes for driving under the influence and evading a peace officer and booked him into the Indio Jail. Deputy Hendry assisted Deputy Harter by handling the traffic accident portion of the pursuit. 0728 hours, Dep. Pierce arrested Dale Fort, for driving under the influence of alcohol. She stopped him at Washington X Ave. 48. His B.A.C. was .10 /.10. At 1910 hours, Sr. Deputy Gerrard was flagged down at Ave. 48 east of Adams in reference to a hit and run traffic collision. Sr. Deputy Gerrard located George Casmir Lekaunas, of Indio on Ave. 48 west of Adams being detained by the victim's father. Lekaunas was found to be intoxicated and was arrest for driving under the influence of alcohol. At 2220 hours, Deputy Bashe responded to the 53000 block of Avd. Cortez in reference to past assault with a deadly weapon, where the suspect had returned. Upon his arrival, Deputy Bashe learned that on 11/18/03, a male juvenile, 16 years, had assaulted his father Phillip Carrillo. Carrillo wanted his son arrested. The report was pulled, which showed that charges of assault with a deadly weapon had been filed against Barboza. Barboza was booked into Juvenile Hall. Tuesday,11-25-03 (88): At 2045 hours, Deputy Lewis responded to the 77000 block of Calle Madrid in reference to an unattended death. Upon her arrival, she learned that Helen Brown, of La Quinta had died at home of apparent natural causes. Brown had a history of cancer, and was currently under a doctor's care for liver cancer. Sheriffs coroner was called, but did not respond. Sgt. Shields responded to assist. Wednesday, 11-26-03 (84): No significant activity to report Thursday,11-27-03 (56): 2340 hours - Deputy Russo responded to the Beer Hunter in La Quinta reference a domestic dispute in the parking lot. Upon arrival, Deputy Russo contacted David and Diane Cisneros. Deputy Russo learned that David had punched his wife 3 times in the face causing some swelling. David was booked into the Indio Jail. La Quinta SET arrested Jose Zavala (26 years) for driving under the influence of alcohol and willful harm or injury to a child during a traffic stops in La Quinta. Zavala's 4 year -old son was in the vehicle with him. Zavala's BAC. was approx..124. Friday,11-28-03 (100): 2235 hours - Deputies Speir and Reynolds responded to the 49000 block of Eisenhower Dr. (La Quinta Resorts) in reference to a suicidal subject wanting to jump from a two-story hotel room. The subject, female juvenile, 15 years old, had been talked out of jumping by hotel security prior to our arrival. Dubasso stated she wanted to kill herself and had numerous scars on her wrists from previous attempts. Dubasso attempted to kick out a patrol unit window after being detained. Dubasso was transported to Desert Hospital for a mentally disturbed hold. Saturday, 11-29-03 (48): Deputy Burns arrested Alexander Stojanovic of La Quinta at the Ralphs for theft with priors. Stojanovic walked out of the store without paying for $534.00 worth of groceries. Stojanovic had a prior conviction for shoplifting. Stojanovic was booked into Indio Jail. Deputy Farley responded to annoying phone calls, call which turned out to be terrorist threats call. Victim Rosa Radago is an employee of District Attorneys office. Her ex-husband, Henry Radago, made numerous calls to her office and home and she had recording of him making threats against her life. He is graduate of SBSO academy but was not picked up due to psych failure. She stated that he had possession of handgun at the house in Indio. EPO obtained and then Deputy Farley contacted him at his residence with IPD assisting. A 9mm Sig. taken under EPO and as part of the arrest. He stated he was embarrassed as he is undergoing testing process for IPD. He was arrested and booked after interview in which he admitted, "Sort of going off' on the phone. Sunday,11-30-03 (52): Deputy Gaunt arrested Richard Henke (41 years, La Quinta) for driving under the influence of alcohol at Ave. Ramirez x Colima after he failed to stop for a stop sign. Sgt. Vest arrested Gustavo Ramirez (40 years, Indio) for driving under the influence of alcohol at Jefferson and Ave 50 after catching him speeding and weaving. BAC .20/. 21. Total arrests for the Avoid the 30 Sweep in our region was 9. (4 by RSO-Indio, 3 by IPD, and 2 by CHP). At 1517 hours, Deputy Quintero responded to 79900 Hwy. 111 (Home Depot) in reference to a shoplifter in custody. Upon his arrival, Deputy Quintero searched the suspect, John Valenzuela, of Indio and located approximately 1.1 grams of methamphetamines in his wallet. Valenzuela was booked into Indio jail for shoplifting and poss. off a controlled substance. v . � At 1700 hours, The La Quinta Special Enforcement Team arrested Robert Ruiz, of DHS for a P.A.L. warrant during a vehicle stop at Fred Waring and Adams. Case to be handled by Deputy Coleman. At 1904 hours, Deputy Bashe responded to 79900 Hwy. 111 (Home Depot) for a 490.5 PC suspect in custody. Upon his arrival, Deputy Bashe questioned Santos Silva, about his address and ID, but Silva could not provide the information. Silva was booked into Indio Jail for a Cal ID hold and shoplifting. At 2030 hours, Deputy Lewis arrested Armando Raya, of Indio for driving under the influence of alcohol, during a traffic stop at Hwy. 111 and Auto Center Dr. in La Quinta. While Raya was being detained in the back seat of Deputy Lewis' unit, Raya became combative and was hobbled. Raya was able to loosen the hobble and kicked out the right rear window of the unit. Raya was transported to the Indio station for chemical testing, and was released to his parents. Charges of driving under the influence if alcohol and vandalism to be filed with Juvenile Court Probation. Sgt. Shields was notified and the Accord form has been completed. Total calls for service: 2151 — `1 .3 .i tJ CITY of LA QUINT MONTHLY SCHOOL RESOURCE OFFICER REPORT November 2003 School: La Quinta High School Deputy: Robert Brooker 15- Criminal Reports 2- Non -Criminal Incidents 10- Arrests 4- DA Filings 4- YAT Referrals 0- Traffic Stops 0- Vehicle Checks 0- Business Checks School Session: November 3rd through November 28th, 2003 Highlights: • During this period of time I have assisted the school staff with medical aids and parents who are having problems with their high school age students attending school, or cooperating at home, and conducted follow- up investigation on student who had been reported as runaway juveniles. • I investigated incidents that occurred at school, which range from possession of marijuana on school grounds, truants, and fights between students. • Other incidents were: a male student was the recipient of 14 birthday punches from a female student on his 14th birthday, two students lighting toilet paper on fire in the boys bathroom and then they tried to light the bushes behind the JV softball field on fire. This last case is being reviewed by the DA for prosecution. • Two significant incidents I handled this month are: a sexual battery where a male student touched the breasts and or buttocks of several female students. The male student as been suspended, pending an expulsion hearing. The second incident is the school grade/attendance computer crime, where grades and or attendance records were changed. This investigation resulted in 9 students being suspended, pending expulsion. The DA is reviewing both cases for these cases for potential charges. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT November 2003 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position sehnni Session: November 1st through November 31st, 2003. HIGHLIGHTS: • Battery -I handled a battery on school grounds on 11/3.One student assaulted another student resulting with the victim student needing 3 stitches on his upper lip and possibly a cracked tooth. Student was suspended and is facing expulsion. My report was sent to the Juvenile DA for a Felony Battery filing. • Battery/Disturbance- One student threatened to beat up another student and then kicked that student in the leg. Referred to YAT. • Shoplifting -Student concealed a Snapple drink from the lunch line. Referred to YAT • Battery on a teacher- Student tapped a teacher on the head. Negative injuries. Student was suspended facing an expulsion hearing. • False Report of an emergency- Fire Alarm pulled on 11/06. Report taken however case will be suspended due to unknown suspect. • False Report ofan emergency- 911 hang up on 11/25 from pay phone at the La Quinta Sports Complex which is adjacent to the school grounds. Investigation revealed that a 8th grade student dialed 911 and then hung up. Student was referred to YAT. • Spoke with several different students regarding name-calling occurring at the school. Students were advised of the consequences if the behavior continued. 0 4W LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS NOVEMBER 2003 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign Violations Signal Light Violations Child Seat Violations 266 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 12 Tows Injury T/C I Non -Injury T/C Suspended DL Non -Moving H&S 16 2 2 2 6 1 7 18 5 18 21 0 89 11 45 3 HIGHLIGHTS 110303 - Private property T/C @ Shell. 110303 - Minor injury T/C @ Eisenhower x Coachella. PCF 21703 CVC. 110303 - Minor -injury T/C @ Washington and Via Bolero. PCF 21802(a) CVC 110603 - Non -injury T/C @ SR 111 and Plaza La Quinta. PCF 22350 CVC. 111003 - Non -injury T/C @ Fred Waring x port Maria. PCF 22350 CVC. 111003 - Minor injury T/C @ SR 111 x Adams. PCF 21453(a) CVC. 112403 - Minor -injury T/C @ Ave. 48 and Dune Palms. PCF 21453(a) CVC. 112603 - Hit and Run T/C @ Ave. 52 and Citerino. PFC 21453(b) CVC. 112803- Non -injury T/C @ SR 111 and Dune Palms. PCF 21703 CVC. .; a La Quinta Police Department Special Enforcement Team (Dep. Coleman, Dep. Myers, Dep. Wedert4 Cpl. BlacK) The following is a summary of the Special Enforcement Team activities for the month of November. Ongoing Investigations 8 Probation Searches 2 Parole Searches 0 Arrests/ Filings 8 Vehicle checks 33 Business Contacts 10 Investigation assists 12 Arrest Warrants Served 1 Arrest Warrants Attempted 3 Programs 0 Pedestrian Checks 11 Crime Prevention Hours 80 Bar Checks 0 Back-ups 32 Follow-ups 22 Search Warrants 1 Meetings 2 Recovered Stolen Property 5 Citations issued 5 Surveillance's 5 Property Checks 21 Civil Commitments 0 Bicycle Time 0 Training Hours 24 Illegal Drugs Seized 80 grams Total Mileage: 1845 miles Noteworthy Accomplishments: • La Quinta SET- in a joint effort with the Coachella Valley Narcotics Task Force arrested Danny Ray Cribbins of La Quinta, for possession of methamphetamine for sales. A search warrant was executed at his La Quinta Cove residence. The search resulted in the seizure of 80 grams of methamphetamine and over $8,000 in cash. La Quinta SET Deputies also located several stolen credit cards in Cribbins' vehicle. An investigation relating to the stolen credit cards continues. • La Quinta SET -assisted, in the investigation of an armed robbery which occurred at the La Quinta PFF bank. Three suspects fled the scene and were pursued by deputies from the Indio Sheriffs Station. They all were later apprehended and $50,000 in cash was recovered. The three suspects are in federal custody pending charges of multiple bank robberies. • La Quinta SET -Arrested Lisa Nawrocki, 26 years, of Bermuda Dunes for a Felony warrant. • La Quinta SET- Arrested Paul Lewis Goldfine, 42 years, of Palm Desert for Commercial Burglary, Theft w/ Priors, possession of a schedule IV drug, possession of hypodermic needles and possession of marijuana. • La Quinta Set -Arrested Jose Antonio Zavala,26 years, of La Quinta for Child Endangerment and DUI. • La Quinta SET caught two male juveniles in the act of commercial burglary at the Ralph's grocery store on Calle Tampico at Washington Street. Both juveniles were released to their parents with felony charges filed. • La Quinta SET responded to a suspicious person at the new Starbuck's store, currently under construction on Washington Street north of Calle Tampico. Dennis Burkett, 47 years of La Quinta, was contacted at the location. Burkett was very evasive and was found to be in possession of bolt cutters, 2 flashlights, binoculars, and a screwdriver. Burkett has priors for burglary and petty theft. • After three separate calls of indecent exposure within the cove area of La Quinta, the La Quinta SET team was able to consolidate the investigations and identified the suspect as Jorge Bravo, 23 years of Coachella. Jorge Bravo was subsequently arrested and he sentenced to 16 months in prison and will be required to register as a sex offender upon his release. CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C_S_0_: Thomas Fowler November 2003 Summary of Months Activity Type of Activity Number of Incidents Burglary Investigations 25 Grand Theft Reports 10 PettyTheft Reports 11 Vandalism/Malicious Mischief Reports 8 Vehicle Theft or Recovery Reports 4 Traffic Collision Reports 9 Vehicle Code or Parking Citations 35 Abandoned Vehicles tagged w/warning 21 Towed Vehicles 21 Lost or Found Property Reports 13 Public Assistance 5 Follow ups to previous cases 4 Custodial and Non -Custodial Trans orts 3 Area checks of La Quinta Skate Park 15 City of La Quinta Community Oriented Policing Office and Volunteers Report November, 2003 Highlights: • The volunteer program presently has five volunteers staffing the La Quinta office full time. • Nine new volunteers have finished training in Indio or are in the process of completing 16 hours before training in La Quinta. We had two volunteers leave the program; one moved from the area and one has a job where the hours were not compatible. • All volunteers receive ongoing training in all areas. In January classes will begin once per month in all departments to familiarize all volunteers with various procedures throughout the department. • One volunteer makes the Crossroads Collision Database entries and has been entering all La Quinta traffic collisions, traffic and parking citations into the system from the COPS Office. • One volunteer will assist in implementing the Crime Free Multi Housing Program in January. • The bicycle registration program will be the first to be initiated by the volunteers and should be in full swing by January, 2004 after appropriate notification to the community. • 143 hours of volunteer time was recorded in November, not including initial training hours. • 120 walk in request were handled in the COPS Office in November. 1) U RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 November 2003 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard Training meetings were held on November 5, 12, and 19. The meetings covered one Border Patrol presentation, building searches, physical training, and 3 capture the flag games. Border Patrol personnel from the Indio Border Patrol station handled the Border Patrol lecture. Explorer Lieutenant Michael Yocom, Explorer Sergeant Juan Viramontes & I coordinated the building searches. Explorer Captain Alejandro Barragan and I led the physical training and capture the flag games. Some Explorer Post 503 Explorers volunteered & assisted with traffic control at the November 8 Chiriaco Summit Veterans Day event. Explorer Post 503 is currently seeking applicants for the volunteer position of Explorer. Explorers receive law enforcement related training, participate in physical training (running, push ups, sit ups, etc.), assist at volunteer events, go on ride -a -longs with deputies, compete at competitions, attend approx. a one week academy, and have fun outings. Some of the requirements to join Post 503 include be between 14-21 years old, maintain at least a "C" grade average, follow instructions, be a team player, have an interest in law enforcement, have no physical limitations, obtain your parents permission, pass a background investigation, be committed to attend meetings, and volunteer at some special events. Interested in the program? Call 863-8105 or 863-8990 to make an appointment with a Post 503 advisor. CITY OF LA Q UINTA CRIME STATISTICS SUMMARY OCTOBER 2003 CITY OF LA QUINTA OCTOBER CRIME COMPARISONS OCTOBER 2003 OCTOBER 2002 YTD (03) YTD (02) CRIME 0 0 2 3 HOMICIDE 0 1 8 7 RAPE 0 1 12 11 SEX CRIMES (FEL) 4 4 11 18 SEX CRIMES SD ROBBERY 2 2 17 17 15 6 87 91 ASSAULT (FEL) 13 20 169 190 ASSAULT MISD 57 38 573 504 BURGLARY 7 11 95 121 VEHICLE THEFT 19 16 219 261 THEE FEL 37 37 329 417 THEFT MISD 35 35 275 343 VANDALISM MISD 17 6 127 107 DOM. VIOLENCE 8 19 65 105 NARCOTICS 3 4 67 116 DUI T/C NON -INJURY 27 60 276 527 0 7 26 71 T/C INJURY 0 1 2 2 T/C FATAL 459 714 3092 4211 TRAFFIC CITATIONS 2003 STATISTICS DO NOT INCLUDE ATTEMPTS k'e) N 0 O h- H GJ C7 [I MI O O � d0' M N O ti O m I- LL t: W H w w co LL J Q a R W a 9 O O O O LO ch M N r- f r-". A i Q J w co O U O z O D m N U) 0 w U 8 U") M N � � M N � r' � w 0 iR 0 00 C*4 LLI ow F- UJ 0 OD O W r UW OC � W Q U) Q OU) �LJL IL U)w J W J � Q � UW U- U) Ow zW Ow Wo ryW �U) �o OQ U 0 o a o o LO o o N N 'r 6," 0 Cl) 70 c , co,^ V! O 1 M N O N N O LO O in C) N T- r' vV+.� q 0 0 N W m O F-- U O F- F- U Q C) H LL Q F- U- O z O CJ) N Q n 2 O U M N 00 00 N N 0 00 m Flo a z U I CITY OF LA QUINTA DISPATCH INFORMATION / OCTOBER 2003 TYPE OF CALL RESPONSE TIME ES NUMBER OF INCIDENTS EMERGENCY 2.8 2 ROUTINE 9.3 1178 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT a r ., ---. i t> ►Ir e�� 1;1C(Wh1AS.P �� G� OF COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and an Ordinance on: 1) Environmental Assessment 2003-483 to Certify a Mitigated Negative Declaration of Environmental Impact; 2) General Plan Amendment .2003-093 and Zone Change 2003-1 16 to Change Land Use and Zoning Designations from Medium Density Residential to Low Density Residential, and Mixed/Regional Commercial to Neighborhood Commercial and Relocate the Neighborhood Commercial Designation, Add Golf Course Designation, and Eliminate the Major Community Facility Designation; 3) Cancellation of Williamson Act Contract for ± 195 acres; 4) Specific Plan 2003-067 for Development Principles and Design Guidelines for Two 18-Hole Golf Courses, Associated Facilities and 1,400 Residential Units; and 5) Site Development Permit 2003-787 for Development Plans for Two 18-Hole Golf Courses, Associated Facilities and 1,400 Residential Units for the Property Located at the Northwest Corner of Avenue 60 and Monroe Street. Applicant: Coral Option I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: + 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003- 483; and Adopt a Resolution of the City Council approving General Plan Amendment 2003-093 to change land use designations from Medium Density Residential to Low Density Residential, and Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial designation, add Golf Course designation, and eliminate the Major Community Facility designation; and S;\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading approving Zone Change 2003-1 16 to change the zoning districts from Medium Density Residential to Low Density Residential, and Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial designation, add Golf Course designation, and eliminate the Major Community Facility designation; and Adopt a Resolution of the City Council approving Tentative Cancellation of Land Conservation Contract (Williamson Act) for ± 195 acres in Coachella Valley Agricultural Preserve No. 58; and. Adopt a Resolution of the City Council approving Specific Plan 2003-067 for development principles and design guidelines for two 18-hole golf courses, associated facilities and 1,400 residential units; and Adopt a Resolution of the City Council approving Site Development Permit 2003-787 for development plans for two 18-hole golf courses, associated facilities and 1,400 residential units. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The vacant site is approximately 942 acres in size and located at the northwest corner of Avenue 60 and Monroe Street (Attachment 1). A majority of the project site was part of the original Coral Mountain Specific Plan (SP No. 218, Amendment 1.) which, included 1,280 acres, and was approved by the County of Riverside on August 15, 2000. Of this acreage, ± 474 acres are under construction by Shea Homes for the project known as Trilogy. The remaining 806 acres are either vacant or in agricultural use. The applicant owns ± 587 acres of the remaining 806 acres and has recently acquired an additional ± 355 acres and proposes to incorporate it into this new proposal. The additional ± 355 acres are not part of any prior Specific Plan. Attachment 2 shows the original (SP No. 218, Amendment 1) project boundary in relation to the new (Specific Plan 03-067) project boundary. The purpose of the new Specific Plan is to disassociate the new project from the original project (Coral Mountain Specific Plan No. 218, Amendment 1), in order to S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc 3�9 have a stand-alone document that establishes development principles and design guidelines. Development in the areas remaining under the original Coral Mountain Specific Plan boundary will be guided by the original Coral Mountain Specific Plan No. 218, Amendment 1. Project Proposal The applicant is requesting approval of the following: 1. General Plan Amendment (Attachment 3) and Zone Change (Attachment 4) to: a. Change land uses and zoning designations from Medium Density Residential to Low Density Residential, Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial land uses from their current location north of Avenue 60, between Madison Street and Monroe Street, further north to the southwest and southeast corner of Madison Street and Avenue 58. b. Add a Golf Course designation to the additional land recently acquired. C. Eliminate the Major Community Facility designation. The following table represents the losses and gains in terms of land uses as a result of the proposed project. This table reflects only the land that pertains to the applicant from the original Coral Mountain Specific Plan and the newly acquired area. Approximately 122 acres of Medium Density Residential land use designation will be eliminated and replaced with the Low Density Residential land use designation. Note that the additional ± 355 acres will be designated Low Density Residential and Golf Course. Existing General Plan/Zoning Designation Existing Acres Proposed General Plan/Zoning Designation Proposed Acres MDR/RM 122.00 MDR/RM 0 LDR/RL 78.00 LDR/RL 497.00 MRC/MRC 03.00 NC/CN 10.00 G/GC 383.00 G/GC 435.00 MC/MC 01.00 MC/MC 0 Totals 587.00 942.00* MDR/RM = Medium Density Residential (up to 8 dwelling units per acre) LDR/RL = Low Density Residential (up to 4 dwelling units per acre) S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc to G/GC = Golf Course/Golf Course MRC/MRC = Mixed Regional Commercial MC/MC = Major Community Facility * includes an additional ±355 acres Under the original Coral Mountain Specific Plan, 701 homes were approved. The project proposes 1,400 units, which includes the additional ± 355 acres of land. The project falls within the density allowed under the Low Density Residential Land Use designation of up to four dwelling units per acre. The residential dwelling units include single-family attached and detached units ranging in size from ± 3,150 square feet to ± 3,650 square feet. The applicant has not yet submitted Tentative Tract Maps for the project. The applicant will be required to obtain approval of a Tract Map(s), prior to obtaining building permits. The applicant proposes to change the Mixed/Regional Commercial designation to Neighborhood Commercial and relocate them from their current location north of Avenue 60, between Madison Street and Monroe Street, further north to the southwest and southeast corner of Madison Street and Avenue 58. Commercial uses have not been determined but generally include those uses listed under the Neighborhood Commercial Zoning District, such as food, drugs, sundries and personal services to meet the daily needs of the neighborhood area. The Golf Course designation is required to designate the golf courses. The applicant is proposing to eliminate the Major Community Facility designation shown on the General Plan Land Use Map on the north side of Avenue 60, between Madison Street and Monroe Street. This designation was required as part of the previous project approval to allow the Riverside County Fire Department the opportunity to construct a fire station along Avenue 60. To eliminate this land use designation, the applicant will have to demonstrate that a fire station is not required. Staff has provided a Condition of Approval (Condition No. 67, Specific Plan 03-067) that requires the applicant to obtain the consent of the Riverside County Fire Department to eliminate the Major Community Facility designation or satisfy the Fire Department requirements, including the provision that a one -acre site be provided within or in the general vicinity of the Specific Plan. Approximately ± 195 acres of the newly acquired property lies within land subject to a Land Conservation Contract (Williamson Act) (Attachment 5). The applicant proposes to cancel this contract and has filed a Notice of Cancellation with the County of Riverside. California Code Section 51284 requires that the City Council tentatively approve the cancellation as part of this entitlement process. Part of the cancellation process requires that the City Council adopt a Resolution tentatively approving the cancellation of the contract. The County will process the cancellation request. S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc The applicant is also requesting approval of a Specific Plan (Attachment 6), which will establish development and design guidelines, and a Site Development Permit (Attachment 7) for development of the following: a. Two 18-hole golf courses; b. 16,400 square foot golf clubhouse; C. 4,000 square foot swim & tennis facility; d. 400 square foot gatehouse; e. 14,000 square foot maintenance building; and f. 1,400 attached and detached residential units ranging in size from ± 3,150 square feet to ± 3,650 square feet. Architecture The overall design theme of the project is Spanish style architecture, with hip and gable roofs using clay barrel tile, columns, porticos, smooth stucco finishes, and arched entries. Accent features include wood, tile and decorative wrought iron. The applicant also proposes varied off -sets within the facades to break up the mass of the buildings. Other amenities including porches, balconies, patios, courtyards, arcades, plazas and paseos will be incorporated within each Planning Area of the project. Development Standards The applicant is requesting that the following development standards be a part of the project. The table below shows the development standards by Planning Area as specified in the Specific Plan. Planning Area/ Max. No. of Min. Parking Land Use Bldg. Ht. Stories Setbacks (2) Spaces (1) I - Golf Clubhouse, 35' 1-2 Front: 5'-8' 1 /250 sq. ft. Gatehouse, Swim and Tennis Side: 5'-10' (3) Area II - Low Density Residential 28' 2 Front: 5'-10' 2/unit Side: 5'-10' III - Low Density Residential 28' 1-2 Front: 5'-10' 2/unit Side: 5'-10' IV - Golf Course Maintenance 28' 1 Front: 5'-8.' 1 /250 sq. ft. Facility Side: 5'-10' V - Neighborhood 35' 2 Front: 10' 1 /250 sq. ft. Commercial Rear: 10' Side: 5'-10' VI - Golf Course 28' 2 Front: 5'-8' 5/hole Side: 5'-10' 'J ., S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc (1) - Buildings within 150 feet of a Primary Image Corridor, or a Major or Primary Arterial, will be restricted to a maximum of 22 feet in height, not including architectural projections, such as chimneys, bell towers, spires, etc. (2) - AC units, trellis elements, pools and spas are allowed to encroach into side and rear yard setbacks. Since no rear yard setbacks are requested, the project will have to comply with the Zoning Code rear building setback of 20 feet. (3) - For golf course uses, additional parking shall be required for additional uses on site such as swimming area and tennis courts. Landscaping The proposed landscaping for the project consists of a wide variety of trees, shrubs, ground covers, vines and accents. The proposed landscaping will provide visual relief, compliment the structures and provide an overall design that includes a wide selection of drought tolerant landscaping that is prevalent throughout the City. Access Vehicular access is provided via Madison Street and Monroe Street. Madison Street bisects the project area in a north to south direction and provides two primary points of direct access into the project. Monroe Street borders the eastern boundary where a secondary point of access is located at approximately mid point between Avenue 58 and Avenue 60. Private roadways are proposed within the development, which will provide access to other land uses including the clubhouse, golf courses, and swim and tennis facility. Access to the two commercial sites at the southwest and southeast corner of Avenue 58 and Madison Street, are provided at two locations for each site. Each site has access from Avenue 58 and Madison Street. Architecture & Landscape Architecture Review (ALRC) This project was presented to the ALRC at their October 1, 2003 meeting. The Committee discussed the project and identified one issue for consideration by the Planning Commission, which included the following: 1. Restrict the use of "Pine" trees within the golf course area only. Historic Preservation Commission (HPC) This project was presented to the HPC at their November 20, 2003 meeting. The Commission discussed the project and recommended the following conditions be added to the permit: 1. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors •? rl J S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc shall be given to the City prior to issuance of first earth -moving or clearing permit. 2. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 3. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Planning Commission This project was presented to the Planning Commission at their meeting of November 25, 2003. The Commission discussed the project and unanimously recommended approval (Attachment 8). Public Notice This project was advertised in the Desert Sun newspaper on December 6, 2003, and mailed to all property owners within 500 feet of the site. To date, no letters have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: Findings to adopt Resolutions and an Ordinance approving EA 2003-483, GPA 2003-093, ZC 2003-116, AP 2003-001, SP 2003-067, and SDP 2003-787 can be made and are contained in the attached Resolutions and Ordinance. Staff recommends that the City Council approve the following actions: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003- 483; and Adopt a Resolution of the City Council approving General Plan Amendment 2003-093 to change land use designations from Medium Density Residential to Low Density Residential, and Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial designation, add Golf Course designation, and eliminate the Major Community Facility designation; and S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading approving Zone Change 2003-1 16 to change the zoning districts from Medium Density Residential to Low Density Residential, and Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial designation, add Golf Course designation, and eliminate the Major Community Facility designation; and Adopt a Resolution of the City Council approving Tentative Cancellation of Land Conservation Contract (Williamson Act) for f 195 acres in Coachella Valley Agricultural Preserve No. 58; and Adopt a Resolution of the City Council approving Specific Plan 2003-067 for development principles and design guidelines for two 18-hole golf courses, associated facilities and 1,400 residential units; and Adopt a Resolution of the City Council approving Site Development Permit 2003-787 for development plans for two 18-hole golf courses, associated facilities and 1,400 residential units; or 2. Do not adopt Resolutions approving Environmental Assessment 2003-483, thereby, denying the project in its entirety; or 3. Provide staff with alternative direction. Respectfully submitted, 4yeHer nmunity Development Director Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Vicinity Map 2. Original vs. Proposed Project Boundary Map 3. General Plan Amendment Map 4. Zone Change Map r 7 . rJ S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc 5. Land Conservation Contract (Williamson Act) Map 6. Specific Plan document 7. Site Development Permit Plan Set 8. Planning Commission Minutes of November 25, 2003 (excerpts) S:\CityMgr\STAFF REPORTS ONLY\PH 1 Coral.doc J'� RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2003-093, ZONE CHANGE 2003- 116, SPECIFIC PLAN 2003-067 AND SITE DEVELOPMENT PERMIT 2003-787 CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-483 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 16th day of December, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2003-483 for a General Plan Amendment and Zone Change to change land uses and zoning designations from Medium Density Residential to Low Density Residential and Golf Course, Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial land uses to the southwest and southeast corner of Madison Street and Avenue 58, and eliminate the Major Community Facility designation; a Specific Plan to establish development standards and design guidelines and a Site Development Permit for development of two 18-hole golf courses,,a 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and 1,400 attached and detached residential model units ranging in size between ± 3,150 square feet and ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-001 thru 007; 764-210-001 thru 006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25' day of November, 2003, hold a duly noticed Public Hearing to recommend to the City Council approval of Environmental Assessment 2003-483; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Environmental Assessment 2003-483 and determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, S:\City Clerk\Resolutions\CoralResoEA.doc City Council Resolution 2003- Environmental Assessment 2003-483 Coral Option I, LLC December 16, 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 certify said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 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 in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 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 the Environmental Assessment did not identify any significant wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as significant effects on environmental factors will be reduced to less than significant levels as identified in 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 in that the site will be developed with less intensity than the current land use designations under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did not identify any significant impacts which would affect human health, risk potential, or public services. .I. 0 City Council Resolution 03- Environmental Assessment 2003-483 Coral Option 1, LLC December 16, 2003 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 have been imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2003-483 and said Assessment reflects the independent judgment of the City. 9. The City Council has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. 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 2003-483 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2003-483 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S:\City Clerk\Resolutions\CoralResoEA.doc _ City Council Resolution 03- Environmental Assessment 2003-483 Coral Option I, LLC December 16, 2003 DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California SACity Clerk\Resolutions\CoralResoEA.doc PAGES 13-16 ARE NOT INCLUDED IN THE STAFF REPORT DUE TO MISNUMBERING. Environmental Checklist Form 1. Project title: General Plan Amendment 2003-093, Zone Change 2003-116, Specific Plan 03- 067, Amendment No. 2 to Specific Plan No. 218, Site Development Permit 2003-787, Coral Option I 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Martin Magana 760-777-7125 4. Project location: Between Avenue 58 and Avenue 60, and between Jefferson Street and Monroe Street. 5. Project sponsor's name and address: Coral Option I, LLC 79-285 Rancho La Quinta Dr. La Quinta, CA 92253 6. General Plan Designation: Current: Low Density Residential, Medium Density Residential, Golf Course, Mixed/Regional Commercial, Major Community Facility Proposed: Low Density Residential, Golf Course, Neighborhood Commercial 7. Zoning: Current: Low Density Residential, Medium Density Residential, Golf Course, Mixed/Regional Commercial, Major Community Facility Proposed: Low Density Residential, Golf Course, Neighborhood Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project consists of a 587 acre portion of the previously approved Coral Mountain Specific Plan, which was reviewed under CEQA through an Environmental Impact Report and associated addenda, by both the County of Riverside and the City of La Quinta. In addition to these previously reviewed lands, a 355 acre addition is proposed, for a total project area of 942 acres. The 355 acre addition has not been previously proposed for development, and therefore has not previously been reviewed under CEQA. The General Plan Amendment and Zone Change are required to reduce the proposed density on the site from Medium Density Residential to Low Density Residential, on the west side of Madison, to add Golf Course designation to Low Density Residential on the east side of Madison, and to change Mixed/Regional Commercial to Neighborhood Commercial and relocate the land uses to a different portion of the site than that approved in Specific Plan 218. In the previous plan, the commercial designation was located on Avenue 60, east of Madison Street. The proposed Specific Plan will locate 10 acres of Neighborhood Commercial, SACity Clerk\Resolutions\CoralEA Checklist.doc J. divided evenly on the southwest and southeast corners of Avenue 58 and Madison Street. Also, the applicant requests the elimination of the Major Community Facility designation on the General Plan Land Use Map. Specific Plan 2003-067 includes lands previously included in Specific Plan 218 (see below), as well as lands which currently have no entitlements. The Specific Plan includes design standards and guidelines, and facilitates the construction of up to 1,400 attached and detached single family homes on 497 acres, golf course on 435 acres, and 10 acres of neighborhood commercial land uses at the southwest and southeast corners of Avenue 58 and Madison Avenue. The golf course designation would also include maintenance and clubhouse facilities. The Site Development Permit establishes plans for the construction of the facilities within the Specific Plan boundary, including attached and detached residential, golf course and tennis facilities, and ancillary maintenance facilities. The purpose of the Specific Plan (Coral Option) is to delete lands previously included in the Coral Mountain Specific Plan, and now included in Specific Plan 2003-067 in one document, described above. No other change is proposed. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Single family residential, golf course (Norman Estates) South: Bureau of Reclamation Levee, Coral Mountain Specific Plan (Trilogy) West: Bureau of Reclamation Levee, Parks and Recreation East: Single family residential, Ag lands, vacant desert lands 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District S:\City Clerk\Resolutions\CoralEA Checklist.doc -2- " v 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 X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the 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 IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR 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. Signature November 3, 2003 Date SACity Clerk\Resolutions\CoralEA Checklist.doc -3- r Aff J 4J EVALUATION OF ENVIRONMENTAL EM PACTS : 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 XVII, "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. SACity Clerk\Resolutions\CoralEA Checklist.doc -4- 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, lead 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 S:\City Clerk\Resolutions\CoralEA Checklist.doc -5- �� 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)-c) The proposed Specific Plan and associated Site Development Permit propose the construction of one and two story residential, golf course associated facilities and commercial structures. Most of the construction will occur away from the project boundary, in the interior of the site. Madison Street and Avenue 58 are designated as Agrarian Image Corridors in the General Plan and the project will comply with the requirements. There are no significant landforms located in the immediate vicinity of the project. The Coral Reef Mountains, located to the west and south of the project site, are sufficiently distant from the site so as to still be visible from the project and surrounding development. The proposed project is consistent with other development in the area, which consists of single and two story residential projects, often on golf courses. Impacts to aesthetics are expected to be less than significant. I. d) The proposed project will generate light from the commercial parcels located at Avenue 58 and Madison, as well as from residential outdoor lighting, and the lighting of facilities at the golf and tennis club. All lighting on the site will be required to conform to the City's Dark Sky Ordinance, which prohibit "spillover" from the site. Further, the more intensely lit land uses will be located in less sensitive areas (either at a street intersection, or within the center of the golf course), and will have little potential to affect surrounding sensitive uses. Impacts associated with light and glare are expected to be less than significant. 22 S:\City Clerk\Resolutions\CoralEA Checklist.doc -6- `= �3 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project. 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 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map, letter of 9/23/03 from Selzer, Ealy, Hemphill & Blasdel) 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? (General Plan Land Use Map) H. a)-c) Three parcels within the proposed project consisting of ±195 acres, and generally located in the southeastern quadrant of the site, have previously been under Williamson Act contract. Additionally, portions of the site have been in agriculture in the past. The balance of the site is vacant desert lands. A formal request to cancel the Williamson Act contracts is being processed by the City for parcels affected by such a designation. The applicant will have to pay a cancellation fee in the amount of $1,168,125.00 to Riverside County within one year of cancellation of the contract. Based on aerial photos of the site, it appears that a majority of the ±355 acres included in the Specific Plan area have been in agricultural use. The development of the project would therefore result in the conversion of about ±195 acres from agriculture to urban uses. The remainder of the site encompasses vacant desert lands. The property is not designated as prime agricultural land in the General Plan, and is developing at lower densities than originally envisioned in the General Plan. The project is adjacent to developing or developed land uses, in an area of the City which has been urbanizing for a number of years. The site is within the corporate limits of the City, and as such is expected to develop in urban land uses. Although portions of the site which have previously been used for agriculture will no longer be available for such use, the acreage involved represents a very small percentage of the total acreage in agriculture in the eastern Coachella Valley. Impacts to agricultural resources are therefore expected to be less than significant. 23 SACity Clerk\Resolutions\CoralEA Checklist.doc -7- 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) M. a), b) & c) The City's primary source of pollution is the automobile. The proposed project includes the development of up to 1,400 residential units, golf course facilities (36 holes) and neighborhood commercial land uses which could generate up to 109,000 square feet of commercial space. These land uses could generate up to 19,362 daily trips at the site'. This calculation does not account for complementary use between the three land uses, and is therefore considered conservative. Actual trips generated could be 25% less. Based on this traffic generation, and an average trip length of 10 miles, the following emissions can be expected to be generated from the project site. 1 "Trip Generation, 6`h Edition," Institute of Transportation Engineers, categories 430 — golf course, 210 — single family housing, and 820 — shopping center. ; , 0414 SACity Clerk\Resolutions\CoralEA Checklist.doc -8- �4 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 19,362 x 10 = 193,620 Pollutant ROC CO NOX PM10 PM10 PM10 Exhaust Tire Wear Brake Wear Grams at 50 mph 17,425.80 453,070.80 92,937.60 - 1,936.20 1,936.20 Pounds at 50 mph 38.47 1,000.16 205.16 - 4.27 4.27 SCAQMD Threshold 75 550 100 150 (lbsJday) Assumes 12,895 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75T, 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 less than the previously approved medium density residential designation on the property. 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 : i S:\City Clerk\Resolutions\CoralEA Checklist.doc -9- 25 r %��I� The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 24,658 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 undevelopedfor 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 all perimeter streets (Avenue 58 & 60, Madison and Monroe) shall be installed immediately following mass grading of the site. The golf courses shall be landscaped immediately upon completion of finished grading of the site. Whenever possible, portions of the golf course which have been graded shall be seeded while other portions still under construction are being completed. 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. SACity Clerk\Resolutions\CoralEA Checklist.doc -10- J. 12. An air quality monitor shall be on site during all grading operations. The monitor shall be empowered to implement the most stringent control measures, as prescribed in the 2002 Coachella Valley PM10 Management Plan when necessary to keep fugitive dust to a minimum. 13. All applicable mitigation measures contained in the General Plan EIR shall be applied to the proposed project during both construction and operation. III. d) & e) The development of the site will not subject people to significant pollutant concentrations, nor will it create objectionable odors. 07 SACity Clerk\Resolutions\CoralEA Checklist.doc -11- �; Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project. 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? (Letter report by LSA, October 10, 2003) 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? (Letter report by LSA, October 10, 2003) 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? (Letter report by LSA, October 10, 2003) 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? (Letter report by LSA, October 10, 2003) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Letter report by LSA, October 10, 2003) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, SACity Clerk\Resolutions\CoralEA Checklist.doc -12- �� i Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Letter report by LSA, October 10, 2003) IV. a)-f) There are 587 acres of the proposed Specific Plan area which have previously been surveyed for biological resources, and 355 acres which were surveyed for this project application2. The biological resource analysis completed for the additional acreage being incorporated into the plan focused on the presence or absence of burrowing owl. The survey found no evidence of burrowing owl on the property. The survey found the presence of fossorial burrows adequate for occupation by burrowing owls. As such, the site, although not currently occupied, includes appropriate habitat for the species. Since construction of the proposed project will occur after the 30 day limitation placed on the current survey, the following mitigation measure shall be implemented. 1. Within 30 days of the initiation of any ground disturbing activity on the site, the project proponent shall cause the site to be surveyed for presence of burrowing owl in the fossorial burrows located throughout the property. The surveys shall be conducted according to the protocol in effect at the time. The survey results shall be submitted to the City prior to the issuance of any grading permit on the site. Should burrowing owl be identified on the site, a program of passive relocation shall be implemented and documented prior to the issuance of any grading or grubbing permit. The site is located outside the boundary of the Coachella Valley Fringe -toed Lizard habitat conservation plan. No other conservation plans occur in the City. 2 "EIR for Coral Mountain Specific Plan" and associated addenda, certified by both the County of Riverside and the City of La Quinta; and letter report prepared by LSA Associates, dated October 10, 2003. n SACity Clerk\Resolutions\CoralEA Checklist.doc -13- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the roject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Section 15064.5 ("Draft Interim Archaeological Testing and Mitigation Report," CRM Tech, November 2003.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Draft Interim Archaeological Testing and Mitigation Report," CRM Tech, November 2003.) 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? ("Draft Interim Archaeological Testing and Mitigation Report," CRM Tech, November 2003.) V. a), b) & d) Cultural resource surveys have previously been completed for the proposed project site'. The 1998 survey included lands originally in the Coral Mountain Specific Plan, including lands to the west of Madison Street and north of Avenue 60. The 2003 report included testing and mitigation for lands between Madison Street and Monroe, including lands which, had previously not been part of the Specific Plan areas. The 2003 report, which included extensive investigation of four recorded sites, previously identified, were excavated. The resulting curation and documentation of the sites, currently under way, will complete the previously imposed mitigation measures for this portion of the Specific Plan, with the exception of on -going monitoring, which should occur during all earth moving activities, and is included in the mitigation measures below. Areas to the west of Madison Street have been surveyed but not investigated, and mitigation measures for those areas must still be implemented. These areas include petroglyphs, artifacts and pottery sherds. The significant sites identified on the west side of Madison Street in 1998 were: CA-RIV-37, CA-RIV-193 North, CA-RIV-193 South, CA- and CA-RIV-6122. All these sites must be investigated, recorded and curated prior to any activity in this area, in order to preserve an adequate record. Mitigation has been included below. 3 "Cultural Resources Report Coral Mountain Project," and "Draft Interim Archaeological Testing and Mitigation Report Coral Mountain Expansion," prepared by CRM Tech, September, 1998 and November 2003, respectively. 0 fl SACity Clerk\Resolutions\CoralEA Checklist.doc -14- Q ►i ♦,/ 1. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 2. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 3. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. V. c) The site is outside the historic lakebed for ancient Lake Cahuilla, and is therefore not expected to contain resources. 31. SACity Clerk\Resolutions\CoralEA Checklist.doc -15- %_� U 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 X 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) c) 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) d) 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. Although the project will be connected to the sewer system, the soil in the area is not expansive, and would support septic tanks. The proposed project will have no impact on these geologic hazards. 32) SACity Clerk\Resolutions\CoralEA Checklist.doc -16- �.�'..t. .v � VI. a) ii) The City and project site will be subject to significant ground shaking in the event of significant seismic activity. The City Building Department has implemented California Building Code which is intended to lower the potential impacts associated with groundshaking to less than significant levels. Residential and golf -related structures will be required to implement the most recent building codes in place at the time of construction. The City Engineer will require site -specific soil analysis for each phase of development, to assure that the construction of the structures occurs on properly excavated and compacted fill. These City standards will assure that the impacts associated with seismic activity are reduced to a less than significant level. S:\City Clerk\Resolutions\CoralEA Checklist.doc -17- 3 093 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIE. HAZARDS AND HAZARDOUS MATERIALS --Would the ro ect: a) Create a significant hazard to the 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 % 9 SACity Clerk\Resolutions\CoralEA Checklist.doc -18- evacuation plan? (General Plan MEA p. 95 ff) 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 construction of residential, commercial and golf -related uses on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of the Household Hazardous Waste programs in place through its waste provider. The golf course will be regulated in its use and storage of fertilizers, pesticides and cleaning products as well as the commercial sites by County agencies. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. rr- SACity Clerk\Resolutions\CoralEA Checklist.doc -19- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the ro'ect: 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? (Specific Plan) 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? (Specific Plan) 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? (Specific Plan) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance R S:\City Clerk\Resolutions\CoralEA Checklist.doc -20- 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) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD), which is required to prepare a water supply assessment for the proposed project. The assessment will be based on the factors published by the CVWD for different land uses, and the acreage involved, as shown in the table below. Coachella Valley Water District Annual Consumption by Development Tvpe Development Type Annual Consumption Water Usage (ac-ft/ac/yr) Acres Golf Course Developments 7.36 497 3,657.9 Residential 6.09 435 2,649.1 Commercial 4.81 10 48.1 Total 6,355.1 The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which, will result in a surplus of water in the long term. These measures, combined with the measures imposed by the City and discussed below, assure a long term water supply for the proposed project. The project proponent will also 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 homes. 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. VIII. 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, and this will be accomplished in the golf course and landscaped areas of the project. These City requirements are expected to lower potential impacts to a less than significant level. VIII. 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. 3'7 SACity Clerk\Resolutions\CoralEA Checklist.doc -21- 4 t , ') --, -. 4- 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 Specific Plan will result in the construction of residential units, golf course facilities and commercial development consistent with surrounding development in the area. The General Plan Amendment and Zone Change lower the overall density of the project to Low Density Residential, in keeping with surrounding designations. The commercial component of the site is a smaller site.than the previously approved site and will cause less impacts by proving a shopping area closer to the residents, thereby reducing traffic trips. The proposed project will not conflict with General Plan designations or policies, with exception of the Major Community Facility site. The applicant is proposing to eliminate the Major Community Facility designation shown on the General Plan Land Use Map on the north side of Avenue 60, between Madison Street and Monroe Street. The applicant will have to demonstrate, from Riverside County Fire Department, that a Fire Station is not required and that the closest station can serve the project. Otherwise, the applicant will have to provide a one acre site for a future Fire Station on the property. Overall, the project is expected to represent an extension of the existing development in the area. s SACity Clerk\Resolutions\CoralEA Checklist.doc -22- (� '} 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. 39 SACity Clerk\Resolutions\CoraIEA Checklist.doc -23- J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE 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 Specific Plan will include residential, golf course and commercial uses in a master planned community, to be located away from area roadways. The individual developments within the project will be required to submit evidence of compatibility with noise standards in the City prior to issuance of building permits. Overall noise impacts to the residents of the project area are expected to be less than significant. 40 SACity Clerk\Resolutions\CoralEA Checklist.doc -24- The project will generate higher noise levels during all phases of construction. This noise generation, however, will occur during the less sensitive daytime hours, and entirely within the master planned community. As phases of the residential development are built and occupied, there is a potential for impacts when construction occurs adjacent to the occupied portions of the site. In order to assure that impacts to the incremental increase in occupied dwelling units and commercial sites is less than significant, the following mitigation measures shall be implemented. 1. All construction activities shall occur during the hours prescribed in the La Quinta Municipal Code. 2. All stationary equipment shall be placed as far away from existing residential development as possible once construction begins on the project site. 3. All construction vehicles shall be equipped with well maintained and operative mufflers. SACity Clerk\Resolutions\CoralEA Checklist.doc -25- 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 reduce the potential number of residential units on the project site, by reducing the land use and zoning designations from Medium Density residential to Low Density residential. The project site is currently vacant or in agriculture, and there will be no displacement of housing as a result of the proposed project. 42 SACity Clerk\Resolutions\CoralEA Checklist.doc -26- 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 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. The proposed project includes two golf courses and landscaped open space areas, which will provide internal recreational opportunities for the residents and lower the potential impacts to City facilities. SACity Clerk\Resolutions\CoralEA Checklist.doc -27- l : 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 proposed project includes two golf courses, a swim and tennis club and landscaped open space areas with walkways and trails, which will provide recreational opportunities for the residents and lower the potential impacts to City facilities. 44 SACity Clerk\Resolutions\CoralEA Checklist.doc -28- 4 ;_. . 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) 45 t SACity Clerk\Resolutions\CoralEA Checklist.doc -29- 4 t� XV. a)-g) The proposed project site has been studied extensively for traffic impacts 4. As stated in the Air Quality section above, the maximum potential number of daily trips which could be generated by the project is 19,362, and the actual total is likely to be up to 25% less. The location and sizing of roadways established in the General Plan included the proposed project, as it had been approved prior to its adoption. The roadways in the area are predicted to operate within acceptable parameters at buildout of the General Plan. Access points to and from the site will be controlled, and limited along Madison, Avenues 58 and 60, and Monroe. Specifically, access will be limited to two primary access points on Madison, a secondary access point on Monroe, and one access point each on Avenue 58 and Madison for the neighborhood commercial properties. Additional service entrances are proposed on Avenue 60, Madison and Avenue 58, but will not be open to the public. Individual project proposals will be evaluated to assure that accesses and turning movements are adequate to ensure safe circulation from the project onto City roadways. All City roadways will be constructed to General Plan standards. Access from the commercial parcels will be limited, and required to meet the City Engineer's standards. Limited turning movements and restricted access have both been implemented by the City Engineer to reduce potential impacts to public roadways. 4 "EIR for Coral Mountain Specific Plan" and associated addenda, certified by both the County of Riverside and the City of La Quinta. 46 SACity Clerk\Resolutions\CoralEA Checklist.doc -30- i y 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.) 47 S:\City Clerk\Resolutions\CoralEA Checklist.doc -31- 4 0 XVI. a)-g) Utilities are available at the project site. The land uses considered in the General Plan resulted in a higher density, and these were found to result in adequate levels of service. It is therefore expected that the less intense development of the proposed project will lower potential impacts to utility providers for the project site. 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? c) 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)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site will be surveyed to assure that no burrowing owl occur prior to construction. The site has been identified as having 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. 4Si3 SACity Clerk\Resolutions\CoralEA Checklist.doc -32- XVII.b) The proposed project supports the long term goals of the General Plan by providing a variety of housing and recreational opportunities for City residents. The reduction in density resulting from the General Plan Amendment and Zone Change will result in a parallel reduction in long term impacts to the City's infrastructure and services. XVII. c) The project will not have considerable cumulative impacts, and will reduce those impacts identified in the General Plan EIR for this area of the City, or the City as a whole. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise 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 more intense development at the project site. Noise impacts are those associated with construction, and have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. "EIR for Coral Mountain Specific Plan" and associated addenda, certified by both the County of Riverside and the City of La Quinta. 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. 49 SACity Clerk\Resolutions\CoralEA Checklist.doc -33- �1 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO CHANGE LAND USE DESIGNATIONS FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO LOW DENSITY RESIDENTIAL (LDR) AND GOLF COURSE (G) DESIGNATION, AND MIXED/REGIONAL COMMERCIAL (M/RC) TO NEIGHBORHOOD COMMERCIAL (NC), AND TO ELIMINATE THE MAJOR COMMUNITY FACILITY (MC) DESIGNATION CASE NO.: GENERAL PLAN AMENDMENT 2003-093 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 16th day of December, 2003, hold a duly noticed Public Hearing to consider a General Plan Amendment to change land use designations from Medium Density Residential to Low Density Residential, and Golf Course (G) designation, and Mixed/Regional Commercial (M/RC) to Neighborhood Commercial (NC), and to eliminate the Major Community Facility (MC) designation, for land generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-001 thru 007; 764-210-001 thru 006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25" day, of November, 2003, hold a duly noticed Public Hearing to recommend to the City Council approval of a General Plan Amendment to change land use designations from Medium Density Residential to Low Density Residential, and Golf Course (G) designation, and Mixed/Regional Commercial (M/RC) to Neighborhood Commercial (NC), and to eliminate the Major Community Facility (MC) designation, for land generally located at the northwest corner of Avenue 60 and Monroe Street; and WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, SACity Clerk\Resolutions\CoralResoGPA.doc 5 City Council Resolution 2003- General Plan Amendment 2003-093 Coral Option I, LLC December 16, 2003 WHEREAS, at. said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said General Plan Amendment: 1. General Plan Consistency: The proposed Amendment is consistent with the goals, objectives and policies of the General Plan in that the Amendment will continue to provide for single-family homes, golf course and commercial development. 2. Public Welfare: Approval of the proposed Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes will be less intensive and consistent with existing land uses. 3. General' Plan Compatibility: The proposed project will be compatible with existing and surrounding land uses in that the Amendment will continue to provide for single-family, golf course and commercial development adjacent to other developments. 4. Property Suitability: The proposed project will be suitable and appropriate in that it will provide land uses compatible to the area, include public streets as required by the Circulation Element, and urban services are currently accessible to the site which, would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the proposed project is warranted because the land has been determined to be suitable for residential and golf course development and commercial uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings 'of the City Council; and 2. That it does hereby approve General Plan Amendment 2003-093, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. S:\City Clerk\Resolutions\CoralResoGPA.doc 416 City Council Resolution 2003- General Plan Amendment 2003-093 Coral Option I, LLC December 16, 2003 PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 16" day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California SACity Clerk\Resolutions\CoralResoGPA.doc 569W Proposed Use General Plan / !A proposed Land Use Low Density Residential — LDR Nei&borhood.C.omme1cial — NC Golf - G 53 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE TO CHANGE ZONING DESIGNATIONS FROM MEDIUM DENSITY RESIDENTIAL (RM) TO LOW DENSITY RESIDENTIAL (RL) AND GOLF COURSE (GC), MIXED/REGIONAL COMMERCIAL (M/RC) TO NEIGHBORHOOD COMMERCIAL (CN), AND TO ELIMINATE THE MAJOR COMMUNITY FACILITY (MC) DESIGNATION CASE NO.: ZONE CHANGE 2003-116 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 161h day of December, 2003, hold a duly noticed Public Hearing to consider a Zone Change to change zoning designations from Medium Density Residential to Low Density Residential, and Golf Course (GC), Mixed/Regional Commercial (M/RC) to Neighborhood Commercial (CN), and to eliminate the Major Community Facility (MC) designation, for land generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-001 thru 007; 764-210-001 thru 006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25' day of November, 2003, hold a duly noticed Public Hearing to recommending approval. said Zone Change to change; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less, than significant levels, and therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Zone Change: 54 SACity C1erk\0rdinances\Cora10rdZC116E.doc 1 `1 Ordinance No. Zone Change 2003-1 16 Coral Option I, LLC December 16, 2003 1. Consistency with the General Plan: The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will continue to provide single-family, golf course and commercial development uses. 2. Public Welfare: Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes are less intense and consistent with the immediate area. 3. Land Use Compatibility: The new zoning will be compatible with existing and surrounding zoning designations in that it will be consistent with development in the immediate area and the City of La Quinta General Plan. 4. Property Suitability: The new zoning will be suitable and appropriate for the subject property in that it will be consistent with the permitted uses in the immediate area and in accordance with the Zoning Code. Urban services are currently accessible to the area, which would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta Zoning Code and General Plan. 5. Change in Circumstances: Approval of the new zoning is warranted because the land has been determined to be suitable for residential, commercial and recreational development. The change in zoning is also warranted because similar uses currently exist north and south of the project site. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will continue to provide single-family, golf course and commercial development adjacent to existing developments; and SECTION 2. That the La Quinta Zoning Map be amended as contained in the attached Exhibit "A"; and SECTION 3. Environmental Determination. This Ordinance has compiled with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" in that the Community Development Department has prepared Environmental Assessment 2003-483 and has SACity C1erk\0rdinances\Cora10rdZC116E.doc .3. 55 ,7 4� Ordinance No. Zone Change 2003-1 16 Coral Option I, LLC December 16, 2003 determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification. SECTION 4. Effective Date: This Ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 161h day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California SACity C1erk\0rdinances\Cora10rdZC116E.doc Proposed Zoning Zoning chwismtions Low Density Residential — RL Neighborhood Commercial (CN) Golf Course . GC 57 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE CANCELLATION OF LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR ± 195 ACRES FOR COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 58 CASE NO.: AGRICULTURAL PRESERVE 2003-001 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 161h day of December, 2003, hold a duly noticed Public Hearing to consider an Agricultural Preserve application to tentatively cancel a Land Conservation (Williamson Act) contract for ± 195 acres for Coachella Valley Preserve No. 58, generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-007, 764-210-004 and 764-210-005 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has . prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve the tentative cancellation of said Land Conservation (Williamson Act) contract for ± 195 acres for Coachella Valley Preserve No. 58: 1. A Notice of Non -Renewal has been served: A Notice of Non -Renewal was served on the County on or about February 26, 1999, and recorded on July 7, 1999. 2. Cancellation is not likely to result in removing adjacent lands from agricultural use: There are no adjacent lands which are not currently zoned residential or commercial. CC RESO AP 03-001 58 4�"W)3 City Council Resolution 2003- Agricultural Preserve 2003-001 Coral Option I, LLC December 16, 2003 3. Cancellation is for an alternative use which is consistent with the City's General Plan: The subject property is zoned of LDR (Low Density Residential) under the City of La Quinta General Plan. Cancellation will not result in discontiguous patterns of urban development. Documents approved in connection with Annexation #13 have resulted in General Plan and Zoning designations for the subject and surrounding properties which are consistent with Petitioner's plans for residential and golf development. Cancellation of the Contract and use of the Property in accordance with such plans will result in uniform, consistent and contiguous patterns of development. On the other hand, continuation of the Contract would result in discontiguous patterns of urban development in that maintenance of the Property in agricultural use would create an island in the middle of residential growth and development. 4. There is no proximate non -contracted land which is both available and suitable for the proposed use of the contracted land, or, that development of the contracted land would provide more contiguous patterns of urban development than development of proximate non -contracted land: The Petitioner's plan to add the majority of the 816 acres covered by Annexation #13 (including the subject Property) to Specific Plan 03-067, and develop same in a similar manner, i.e., for residential and golf course purposes, there is no proximate non -contracted land which is sufficiently close that it can serve as a practical alternative, nor is there any such land which is suitable for the proposed use in that any such land would result in bifurcation of the proposed development. Petitioner submits that development of the subject Property would provide more contiguous patterns of urban development than development of any potential (and probably non-existent) proximate non -contracted land. The subject property is essentially located in the center of 1,677 acres of land already entitled for residential and golf uses. Consisting of ± 190 acres, the subject Williamson Act Property comprises less than 12% of the 1,677 acre total. Development of the subject Property in a manner compatible with (and as part of) surrounding Specific Plan 03-067 approved uses would serve as a natural and logical extension of existing land use planning concepts and patterns. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: w r L al Settin s Tem orar Internet Files\OLK7\CC RESO AP 03-001.doc '-' A C:\Documents and Settings\bsa ye \ oc g \ p y [ � It City Council Resolution 2003- Agricultural Preserve 2003-001 Coral Option I, LLC December 16, 2003 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That it does hereby approve to tentative cancellation of a Land Conservation (Williamson Act) contract for t 195 acres for Coachella Valley Preserve No. 58, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 161h day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California E0 C:\Documents and Settingsftawyer\Local Settings\Temporary Internet Files\0LK7\CC RESO AP 03-001.doc EXIHIBT A L kf CBMwd# j{{ 1 C&PUv Par r• fad .2�= ----------- No. 58 I , *"a Valley No. 58 76524-210-Q05 �9 Av. -S5 �... TORRES* DdART IrtE2 i a.. U RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A SPECIFIC PLAN TO ALLOW TWO 18-HOLE GOLF COURSES, ASSOCIATED FACILITIES AND 1,400 RESIDENTIAL UNITS RANGING IN SIZE FROM ± 3,150 TO ± 3,650 SQUARE FEET ON ± 942 ACRES LOCATED AT THE NORTHWEST CORNER, OF AVENUE 60 AND MONROE STREET CASE NO.: SPECIFIC PLAN 2003-067 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 16" day of December, 2003, hold a duly noticed Public Hearing to consider development principles and design guidelines to allow two 18-hole golf courses, a 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and, 1,400 attached and detached residential model units ranging in size from ± 3,150 square feet to ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-001 thru 007; 764-210-001 thru 006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 251h day of November, 2003, hold a duly noticed Public Hearing to recommend to the City Council approval of development principles and design guidelines to allow two 18-hole golf courses, 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and, 1,400 attached and detached residential model units ranging in size from ± 3,150 square feet to ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, S:\City Clerk\Resolutions\CoralResoSP.doc V 2 i City Council Resolution 2003- Specific Plan 2003-067 Coral Option I, LLC December 16, 2003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the Zoning Code to approve said Specific Plan: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the land use designations in the General Plan. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that the proposed project is consistent with the project's Specific Plan. 3. Land Use Compatibility: The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed under the City's General Plan designations. 4. Property Suitability: The proposed project is suitable and appropriate for the subject property in that the site is zoned for residential, golf course and commercial uses in accordance with the Specific Plan, Zoning Code, and the goals, objectives and policies of the City's General Plan. 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 Specific Plan; 2. That it does hereby approve Specific Plan 2003-067 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16t' day of December, 2003, by the following vote, to wit: SACity Clerk\Resolutions\CoralResoSP.doc 63 City Council Resolution 2003- Specific Plan 2003-067 Coral Option I, LLC December 16, 2003 AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California S:\City Clerk\Resolutions\CoralResoSP.doc 14 r , ti _ CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 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 Tentative Tract Map, 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 • Coachella Valley Unified School District (CVUSD) 0 Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency 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 improvement plans for City approval. _ EJ S:\City Clerk\Resolutions\CoralResoSP-COA.doc 1 `� CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 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 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 one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre 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. 6� (1 -� %J AL S:\City Clerk\Resolutions\CoralResoSP-COA.doc 2 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 5. 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 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed. development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map 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. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (General Plan Primary Arterial, Option A, 1 10' ROW) - Sufficient right of . way shall be dedicated to accommodate the standard 55 feet from the centerline of Monroe Street for a total 110-foot ultimate developed right of way except for an additional right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Madison Street pursuant to Specific Plan 218, Amendment No. 1 (Primary Arterial , Option A*, 1 10' ROW) - The standard 110-foot ultimate developed right of way shall be dedicated except for an additional right of way dedication to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 3) Avenue 58 (Proposed General Plan Secondary ROW) - If a proposed General Plan Amendment the City Council, sufficient right of way shall b S:\City Clerk\Resolutions\CoralResoSP-COA.doc e CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION 1, LLC DECEMBER 16, 2003 accommodate the proposed standard 47-foot right of way from the centerline of Avenue 58 to comply with the existing Secondary Arterial Roadway Classification plus a Class II bicycle. Additional right of way shall be dedicated to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 4) Avenue 60 (Proposed General Plan Secondary Arterial, 96' ROW) — If a proposed General Plan Amendment is adopted by the City Council, sufficient right of way shall be dedicated to accommodate the proposed standard 47-foot right of way from the centerline of Avenue 58 to comply with the existing Secondary Arterial Roadway Classification plus a Class II bicycle. Additional right of way shall be dedicated to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Note: *Equivalent to County of Riverside Arterial Highway Roadway Classification 9. The applicant shall retain for private use on the Final Map all private 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. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Property line shall be placed at the back of curb similar the typical street section. Use of smooth curves instead of angular lines at property lines is recommended. Private Residential Streets measured gutter flow line to gutter flow line: 36-foot travel width where parking is allowed on both sides and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. SACity Clerk\Resolutions\CoralResoSP-COA.doc 4 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the Tentative Tract 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. 13. The applicant shall offer for dedication on the Final Map, when submitted, a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Monroe Street - (General Plan Primary Arterial) - 20-foot from the R/W-P/L. B. Madison Street - (Pursuant to Specific Plan 218, Amendment No. 1 - Primary Arterial, Option A) - 20-foot from the R/W-P/L. C. Avenue 58 - and Avenue 60 (General Plan Secondary Arterial) - 10- foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. 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, when submitted. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, 69 SACity Clerk\Resolutions\CoralResoSP-COA.doc 5 4 `/ 4 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 mailbox clusters, park lands, and common areas on the Final Map, when submitted. 16. Direct vehicular access to Madison Street, Monroe Street, Avenue 58 and Avenue 60 from lots with frontage along those respective facilities 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 tract map, when submitted. Vehicular access shall meet requirements and/or restrictions per the La Quinta General Plan for the roadway classification listed in Condition 8. 17. 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. 18. 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 Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 19. 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. 20. 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. 70 S:\City Clerk\Resolutions\CoralResoSP-COA.doc 6 ; `� J CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 A. Off -Site Street/Signing & Striping/Drainage Plans: 1 " = 40' Horizontal, 1 " = 40' Vertical 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. B. On -Site Street/Drainage Plan: 1 " = 40' Horizontal, 1 " = 40' Vertical C. On -Site Rough Grading Plan: 1 " = 40' 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 and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top of Wall & Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 21. 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. 22. 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. i S:\City Cie rk\Resolutions\CoraIResoSP-COA.doc 7 � CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 IMPROVEMENT SECURITY AGREEMENTS 23. 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. 24. 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 any Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC, when submitted. 25. 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. 26. 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 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. 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. 29. 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, 72 SACity Clerk\Resolutions\CoralResoSP-COA.doc 8 j v CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 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. 30. 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. 31. 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. SACity Cie rk\Resolutions\CoralResoSP-COA.doc 9 �! CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, when submitted, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. DRAINAGE 34. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC. 35. Stormwater handling shall conform with the approved hydrology and drainage report prepared specifically for Specific Plan 2003-067. The tributary drainage area shall extend to the centerline of adjacent public streets. 36. 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. 37. 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. 38. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 39. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 40. 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, 74 S:\CitY Clerk\Resolutions\CoralResoSP-COA.doc 10 11 v �J CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 41. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 42. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 43. 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 44. 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. 45. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1) Monroe Street (General Plan Primary Arterial, Option A, 1 10' ROW) : Widen the west side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the east side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: 75 S:\City Clerk\Resolutions\CoralResoSP-COA.doc CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at the Primary Entry. The west curb face shall be located fifty one feet (51') west of the centerline. 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. 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) Madison Street pursuant to Specific Plan 218, Amendment No. 1, Primary Arterial, Option A*, 1 10' ROW: No additional street widening is required except at locations where additional street width is needed to accommodate: a) Bus turnout (if required by Sunline Transit) b) A deceleration/right turn only lane at the West Side Development Primary Entry. The curb face shall be located fifty one feet (51') west of the centerline. c) A deceleration/right turn only lane at the East Side Development Primary Entry. The curb face shall be located fifty one feet (51') east of the centerline. 76 S:\City Clerk\Resolutions\CoralResoSP-COA.doc 12 tit -r- CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 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. b) 8-foot wide meandering sidewalk along the east side of Madison Street. 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. c) MULTI -USE TRAIL - The applicant shall construct a 10' wide, multi -use trail with split rail fence along the west side of Monroe Street within the required landscape setback. The location and design of the trail shall be per the approved City of La Quinta Standard Plan. The multi- use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. 3) Avenue 58 (Proposed General Plan Secondary Arterial, 96' ROW) - If a proposed General Plan Amendment is adopted by the City Council, widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width as specified in the Proposed General Plan Amendment and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The south curb face shall be located thirty six feet (36') south of the centerline, except at locations where additional street width is needed to accommodate: 77 S:\City Clerk\Resolutions\CoralResoSP-COA.doc 13 qq CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 a) Bus turnout (if required by Sunline Transit) Other required improvements in the right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. 4) Avenue 60 (Proposed General Plan Secondary Arterial, 96' ROW) — If a proposed General Plan Amendment is adopted by the City Council, widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the Proposed General Plan Amendment and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located thirty six feet (36') north of the centerline, 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: b. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. C. 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 touches the back of 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. 78 SACity Clerk\Resolutions\CoralResoSP-COA.doc 14 444,13 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 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). 46. General access points and turning movements of traffic are limited to the following: A. Monroe Street 1) Primary Entry (Monroe Street, The applicant shall align the access with the existing access on the east side of Monroe Street. Full turning movements are permitted. B. Madison Street 1) Primary Entry, West Development - Shall be located at least 1,060 feet (measured curb return to curb return) from Calle Conchita to the south and from the East Development Primary Entry to the north: Full turn movements are permitted. 2) Primary Entry, East Development - Shall be located at least 1, 060 feet (measured curb return to curb return) from Avenue 58 to the north and from the West Development Primary Entry to the south: Full turn movements are permitted. 3) West Commercial Development - Right turn movements in and out are permitted. Left turn in movement is permitted. Left turn out movement is not permitted. 4) East Commercial Development - Right turn movements in and out are permitted. Left turn movements in and out are not permitted. C. Avenue 58 1) West Commercial Development - All turn movements are permitted. 79 S:\City Clerk\Resolutions\CoralResoSP-COA.doc 15 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 2) East Commercial Development - All turn movements are permitted. All service entries shall be right turn in and out movements only. 47. All residential gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 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 be as follows: Residential Secondary Arterial Primary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. 4.5" a.c./6.0" 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 M SACity Clerk\Resolutions\CoralResoSP-COA.doc 16 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 50. 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. 51. 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 52. 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 ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. 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. SACity Clerk\Resolutions\CoralResoSP-COA.doc 17 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 NOTE: Plans are not approved for construction until signed by the City Engineer. 57. 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 58. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 60. 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. 61. 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. 62. 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 -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 63. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 82 S:\City Cie rk\Resolutions\CoraIResoSP-COA.doc 18 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 64. 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 65. 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. 66. 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). COMMUNTY DEVELOPMENT DEPARTMENT 67. The applicant shall furnish proof from the Riverside County Fire Department that a fire station is no longer needed on the site. In the event that the need for a fire station is determined by Riverside County Fire Department, the applicant shall provide to Riverside County Fire Department a one (1) acre parcel of land within, or in the general vicinity of, the Specific Plan area and acceptable to both the applicant and Riverside County Fire Department. 68. The applicant shall submit a Tentative Tract Map to reflect the Specific Plan and Site Development Permit at a future date to be processed in accordance with the Subdivision Map Act prior to issuance of Building permits. 69. The applicant shall comply with the Mitigation Monitoring Program associated with the project. 70. The applicant shall meet all Coachella Valley Water District requirements to provide adequate water and sewer services to the site. 71. The applicant shall pay all development impacts fees and school fees associated with the project prior to the issuance of building permits. 72. The applicant shall be restricted to use "Pine" trees within the golf course area only. S:\City Cie rk\Resolutions\CoraIResoSP-00A.doc 19 mo CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 73. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 74. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 75. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. SACity Clerk\Resolutions\CoralResoSP-COA.doc 20 49 '4_ . RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS TO ALLOW TWO 18-HOLE GOLF COURSES, ASSOCIATED FACILITIES AND 1,400 RESIDENTIAL UNITS RANGING IN SIZE FROM ± 3,150 TO ± 3,650 SQUARE FEET ON ± 942 ACRES LOCATED AT THE NORTHWEST CORNER OF AVENUE 60 AND MONROE STREET CASE NO.: SITE DEVELOPMENT PERMIT 2003-787 APPLICANT: CORAL OPTION I, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 161h day of December, 2003, hold a duly noticed Public Hearing to consider development plans to allow two 18-hole golf courses, a 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and, 1,400 attached and detached residential model units ranging in size from ± 3,150 square feet to ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-001 thru 007; 764-210-001 thru 006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25' day of November,, 2003, hold a duly noticed Public Hearing to recommend approval to the City Council of development plans to allow two 18-hole golf courses, a 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and, 1,400 attached and detached residential model units ranging in size from ± 3,150 square feet to ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, 85 SACity Clerk\Resolutions\CoralResoSDP.doc _ City Council Resolution 2003- Site Development Permit 2003-787 Coral Option I, LLC December 16, 2003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Zoning Code to approve said Site Development Permit: 1. Consistency with the General Plan: The project as proposed is consistent with the goals and policies of the General Plan in that residential, golf courses and commercial uses are allowed under the designated land use designations. 2. Consistency with the Zoning Code: The proposed project is consistent with the zoning districts in that the project meets the development standards including, but not limited to, setbacks, architecture, building heights, building mass, exterior lighting, parking, circulation, open space and landscaping. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project complies with the requirements of CEQA in that Environmental Assessment 2003-483 was prepared for this project with imposed mitigation measures to reduce impacts to less than significant levels. A Mitigated Negative Declaration of Environmental Impact was certified. 4. Architectural Design: The architectural design of the proposed buildings, including, but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and quality of design prevalent in the City. The proposed buildings lack the bulky mass of a building due to the articulation, desert tone colors and different pitched tile roofs. The proposed buildings are adequately set back with multiple wall planes so as to minimize the appearance of a large structural mass. 5. Site Design: The site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, pedestrian amenities, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, appearance, and amount of landscaping are compatible with the quality of design prevalent in the City in that the proposed project meets the development standards of the Site Development Permit. 6. Landscape Design: The landscaping for the proposed project, including but not limited to, the location, type, size, color, texture, and coverage of plant materials, has been designed to provide visual relief, complement the buildings, SACity Clerk\Resolutions\CoralResoSDP.doc a vi City Council Resolution 03- Site Development Permit 2003-787 Coral Option I, LLC December 16, 2003 and provide an overall unifying influence to enhance the visual continuity of the project. The proposed landscaping is compatible with the surrounding area in that the variety of drought tolerant plants, trees and shrubs, provide an aesthetically pleasing and well functioning use of landscaping space. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council for this Site Development Permit; 2. That it does hereby approve Site Development Permit 2003-787 for the reasons set forth in this Resolution and subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of December 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California ` ` 87 S:\City Clerk\Resolutions\CoralResoSDP.doc . , r) CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 03-787 CORAL OPTION I, LLC DECEMBER 16, 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 Tentative Tract Map, 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 approved Site Development Permit (SDP 03-787) shall be in conformance with the approved exhibits contained in Specific Plan 2003-067 unless otherwise amended by the following conditions. 3. This Site Development Permit (SDP 2003-787) shall be binding with the Conditions of Approval for Specific Plan 03-067. This includes, but is not limited to, any property rights, street and traffic improvement plans, grading, drainage, utilities, parking lots, access points, construction, public services, landscaping, quality assurance, maintenance, fees and deposits. 4. Final front yard landscaping plans shall be prepared by a licensed landscape architect and submitted to the Community Development Department for review and approval prior to issuance of any building permit for units authorized, by this approval in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. a. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5 inch caliper measured three feet up from grade level after planting), ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. All shrubs 88 P:\Martin\SDP 03 787 Coral Option I\SDP 03 787 CC COA.doc n and trees shall. be irrigated by bubbler or emitters. To encourage water conservation, no more than 50% of the front yard landscaping shall be devoted to turf. Future home buyers shall be offered an option to have no turf areas in their front yard through the use of desertscape materials. b. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of street curbs. c. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements. 89 P:\Martin\SDP 03 787 Coral Option I\SDP 03 787 CC COA.doc t '; v ATTACHMENT 1 #Woo, � �ipli►l�1'iIVBJ.S i i PAI.IiA DESEiff i osewo�we� PROJECT SITE 90 �, IT 44 MEN MENE■160032■■■■■al■■■■■� r .. SEEN aN■■mom■■■■m■o■■■ore N■■■ ■■■ MEMOIR )BONNONE■■■■■■■■■■■S ■■■■■�■ ■■■■■■■ iw.. ■�■■■■E ,,��� ,� �4�,�r�;� t� -:mac■ �°,� � � � _ 'ANN��■ Cam..,. i.;Srt - np [.xy•rs wy �u M°� b" as C j 9 1 b ATTACHMENT 3 Proposed General flan / Land Use proposed Land Use Low Density Residential — LDR Neighbborhood Commercial — NC Golf - G 92 ATTACHMENT 4 Proposed Zoning Zoning Chwif Cations Low Density Residential — RL Neighborhood Commercial (CN) Golf Course GC 93 ATTACHMENT 5 t f p q 1 •p h t i Wncs11►m-meat l 1 f s I � SVEiYUE AVENUE* . . SB GoabWla Yal".o. a 28 # 141 P4 ;�34-�200 �PW 59 ' .s' fi �`• hella YaNey No. 58 ec Att Acto e o�e� . •� '4 e� rya ------ �- �., #�As YalWy No. 58 764-210-005 - 9 35 ! 33 34 . A - ` i — I ping of Ste Lion \ VA LLI AIM 50 N-, A TORRES' DdARTINEZ 313 : G 94 ATTACHMENT 88 Planning Commission Minutes November 25, 2003 E. Environmental Assessment 2003-483, General Plan Amendment 2003- 093, Zone Change 2003-116, Specific Plan 2003-067, and Site Development Permit 2003-787; a request of Coral Option 1 for certification of a Mitigated Negative Declaration of environmental impact; General Plan Amendment Zone Change to change land uses and zoning designations from Medium Density Residential to Low Density Residential, Mixed/Regional Commercial to Neighk rhood Commercial and relocate the Neighborhood Commercial Des i ons, add Golf Course Designation, and eliminate the Major Corrty Facility Designation; development principles and design gt `g �� for two 18-hole golf courses, associated facilities and 1,4�eside units; development ieu plans for two 18-hole golf cour% associate i ilities and 1,400 residential units for the proper, �;*cated at the n yvest corner of Avenue 60 and Monroe Street? 1. Chairman Kirk opened the wring and asked for the staff WEN � report. Associate Planner Mart r agana presented the information I OMR contained in ����ff report, anqu ►y of which is on file in the S Community Duo " Departm 4BE 2. Chairman Kirk a d if . x � here vany questions of staff. ME C r �ner Tyleabout requirement for an additional �statio y , Staff st that for ever 4 000 homes a fire station 41 §, needednlogy curffltly has 1,203 homes but, whenever it is out ion ��€e needed and it would be addressed at k , s Y R the VI.Plan Vla tiger Oscar Orci clarified that staff was A. E k 3 k reque�h, the aPP lint obtain proof from the Fire Department t a fI Ination will not be required. To date staff has not been 3 , a�� " reply by the Fire Department and therefore, the to gel ,,;.. bur*"„lies e applicant to obtain such a statement. We have indic#§d to the applicant that we would like to have the land £ avail,.`e for a fire station there, but have left it up to the di4,0 ion of the Fire Department. 3.;ommissioner Daniels stated it appears the City will be losing 122 acres of Medium Density zoning. Staff stated yes, but it is being replaced with a similar single family homes land use designation. Commissioner Daniels asked if we were losing our housing mix. Staff stated no, there is a mix of single family as well as duplexes contained in this project. Commissioner Daniels asked if Madison Street is an Arterial and whether or not it would go through to Highway 111. Staff stated it would go to Avenue 50, to the City of Indio. 95 G:\WPDOCS\PC Minutes\11-25-03WD.doc 11 Planning Commission Minutes November 25, 2003 ►9 Commissioner Tyler stated the conditions should be changed to reflect this project is within the Coachella Valley Unified School District. He then stated that on page 75 and 76 of the staff report it is not clear what the applicant would have to do if a General Plan Amendment was not approved.sistant City Engineer Steve Speer clarified that bike lanes not included in the condition and need to be accommoc . The condition needs to be rewritten to have a 96 foo d- way for an Arterial. Commissioner Tyler asked thatnditiort A.1 be rewritten for clarity. Also, the Water Effiq'�t Landscaquirement should r............ be added. Chairman Kirk Commission. gave a present Dwight DeM part of the prod the Specific Pla plan. asked if Ift app is Mr. Patrick tion on the pt $a�loyd Watson =,/Ir. Forre t would like f ddress the t.. representing the applicant, He introduced Forrest Haag, id Kelly Abeyratne who were ag gave a presentation on 41"a �sentation on the master I re were any questions of the applicant. mod if there was a 60-inch water line a roperty. Mr. Haag stated it was being ni ger Tyler asked why the properties on Avenue 58th 1� 7 ". not a 'red as part of this project. Mr. Haag stated they are A . lots t��t they were unable to obtain. Commissioner Tyler J�fflje disposition of the palm trees. Mr. Haag stated the palm p e no longer agriculturally producing, and have become a OM to the developer as they can be a hazard. Palms will be in the perimeter landscaping, if they can be saved. 8. Commissioner Daniels stated two five acre parcels of commercial land seem unreasonable. Mr. Haag stated the bigger pieces are harder for one developer to develop. The Code requires ten acres of Commercial so they split it into two adjacent pieces that partner developers could develop. 96 G:\WPDOCS\PC Minutes\11-25-03WD.doc 12 Planning Commission Minutes November 25, 2003 9. Chairman Kirk stated that Page 2.54 of the Specific Plan, the Commercial is colored as part of Phase 2 and described as Phase Chairman Kirk asked if he had an example of a five acre commercial project that works. Mr. Haag stated a ranch/market with a dry cleaner would be a good use. The mix similar to that on the southwest corner of Highway 1 1 1 and Washington Street would work. . �:., 10. Commissioner Tyler asked if the req Ithent for a bike lane was a problem.. Mr. Haag stated t tgn no issue with the requirement. They will continue t3 vork staff to reflect them on their map. +a 14. There being no further stions of the applicanM�, airman Kirk asked if there was any kf publio� `nment. Mr Hammer, 74-757 North Cove Drive, I� �� � Is, stated his family owns the property on the (northeast co rrt�f where this project is proposed. F In addition, he �s wife own 40 acres directly to the east 3 � � of this property�.1ni Elm � City s Cral Plan his property would be zoned comm'ftial a'supported this project, but would like to ow ��intend to do on the east side antreet irr� nts ar�+ proposed for Monroe Street. "Mr, �, he.,stions v����#hey are moving and proposing two small the 'property to the east will be developed h .a currently, there are no plans. The street will 110 foot width as required by the City. The e just to provide some services for their eing no other public comment, Chairman Kirk closed the earing and opened the matter for Commission discussion. a fiere being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-097, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2003-483, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G:\WPDOCS\PC Minutes\11-25-03WD.doc 13 Planning Commission Minutes November 25, 2003 15. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-098, recommending approval of General Plan Amendment, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None 16. It was moved and seconded by Comp loners Abels/Tyler to �� adopt Planning Commission Res-099, recommending approval of Zone Change 2003 commended. ROLL CALL: AYES: Commissionq 'gngAAbels, Darr Quill, and Tyler, Chairman Kirk. NOES: Np ABSTAIN: Non BSENT.: None. 17. It was moved and sec d by �missioners �r/Abets to r ' -100 recommending on 2003 g adopt Planning Commisslor a z , approval of S�pecific Plan : -787, as recommended and amended: a. Condition : ch k" - a b Condition a'd .��; pt shall meet the requirements City s �e � fflcler ,ltandscaping Ordinance ROLE$ } LL: AY�'< Comm` oners Abels, Daniels, Quill, and Tyler, irman`lk�OES: ne. ABSTAIN: None. ABSENT: None. 11 oved andbonded by Commissioners Tyler/Abets to k g,"g,l,$ 'ng Commission Resolution 2003-101 recommending oe Development Permit 2003-787, as recommended. YES: Commissioners Abels, Daniels, Quill, and Tyler, n Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 98 G:\WPDOCS\PC Minutes\11-25-03WD.doc 14 463 41 4� a: J�se.vy-l- /a//Co/o a ta MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 16, 2003 SUBJECT: PUBLIC HEARING NO. 1 Attached are two corrected Resolutions. The first applies to the Specific Plan, which has been corrected to remove approximately 587 acres from the previous Specific Plan (218, Amendment No. 1) governing. the site. The second is to the Agricultural Preserve Resolution to add minor corrections as suggested by the City's attorney. 464 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,. CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A SPECIFIC PLAN TO ALLOW TWO 18-HOLE GOLF COURSES, ASSOCIATED FACILITIES AND 1,400 RESIDENTIAL UNITS RANGING IN SIZE FROM ± 3,150 TO ± 3,650 SQUARE FEET ON ± 942 ACRES LOCATED AT THE NORTHWEST CORNER OF AVENUE 60 AND MONROE STREET CASE NO.: SPECIFIC PLAN 2003-067 APPLICANT: CORAL OPTION I, LLC .WHEREAS, the City Council of the City of La Quinta, California, did, on the 16t' day of December, 2003, hold a duly noticed Public Hearing to consider development principles and design guidelines to allow two 18-hole golf courses, a 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and, 1,400 attached and detached residential model units ranging in size from ± 3,150 square feet to ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street, more particularly described as follows: APNs: 764-200-001 thru 007; 764-210-001 thru 006 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25" day of November, 2003, hold a duly noticed Public Hearing to recommend to the City Council approval of development principles and design guidelines to allow two 18-hole golf courses, 16,400 square foot golf clubhouse, 4,000 square foot swim & tennis facility, 400 square foot gatehouse, 14,000 square foot maintenance building, and, 1,400 attached and detached residential model units ranging in size from ± 3,150 square feet to ± 3,650 square feet, generally located at the northwest corner of Avenue 60 and Monroe Street; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (a amended; Resolution 83-68 adopted by the La Quinta City Council) in that the ommunity Development Department has prepared Environmental Assessment 2003-483 and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, \\CLQADMFSI\PLANNING\Martin\SDP 03 787 Coral Option RCC RESO SP 03-067.doc r— 461 City Council Resolution 2003- Specific Plan 2003-067 Coral Option I, LLC December 16, 2003 WHEREAS,, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the Zoning Code to approve said Specific Plan: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that the design, height, scale and mass of the project is compatible with the land use designations in the General Plan. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that the proposed project is consistent with the project's Specific Plan. 3. Land Use Compatibility: The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed under the City's General Plan designations. 4. Property Suitability: The proposed project is suitable and appropriate for the subject property in that the site is zoned for residential, golf course and commercial uses in accordance with the Specific Plan, Zoning Code, and the goals, objectives and policies of the City's General Plan. 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 Specific Plan; 2. That it does hereby approve Specific Plan 2003-067 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; 3. That Coral Mountain Specific Plan No. 218, Amendment No. 1 is hereby amended to remove the ±587 acres of the land that corresponds to Specific Plan 2003-067, as illustrated on Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of December, 2003, by the following vote, to wit: \\CLQADMFS1\PLANNING\Martin\SDP 03 787 Coral Option RCC RESO SP 03-067.doc 46-u City Council Resolution 2003- Specific Plan 2003-067 Coral Option I, LLC December 16, 2003 AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of. La Quinta, California \\CLQADMFS1\PLANNING\Martin\SDP 03 787 Coral Option RCC RESO SP 03-067.doc , " RESOLUTION 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE CANCELLATION OF LAND CONSERVATION (WILLIAMSON ACT) CONTRACT FOR ± 195 ACRES FOR COACHELLA VALLEY AGRICULTURAL PRESERVE NO. 58 CASE NO.: AGRICULTURAL PRESERVE 2003-001 APPLICANT: CORAL OPTION I, LLC WHEREAS, American Date Gardens, a California corporation, entered into a Land Conservation Contract to create Coachella Valley Agricultural Preserve No 58 ("Contract") with the County of Riverside, pursuant to the Land Conservation Act of 1965 (Gov't Code Section 51200 et seq. ), which Contract was recorded on February 28, 1974 as Instrument No. 23559 in the office of the County Recorder of Riverside County, California; and WHEREAS, Coral Option I, LLC; a California limited liability company, the present owner of the property (described below) subject to the Contract referenced above, petitioned to cancel the Contract; and WHEREAS, the City Council of the City of La Quinta, California, did, on the 16th day of December, 2003, hold a duly noticed Public Hearing to consider the owner's application to tentatively cancel the Contract for ± 195 acres for Coachella Valley Preserve No. 58, generally located at the northwest corner of Avenue 60 and Monroe Street, which property is more particularly described as follows: APNs: 764-200-007, 764-210-004 and 764-210-005 WHEREAS, the City has complied with the California Environmental Quality Act (CEQA) and 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 Environmental Assessment 2003-483 and has determined that although the proposed project could have a. significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve the tentative CC RESO AP 03-0011 City Council Resolution 2003- Agricultural Preserve 2003-001 Coral Option I, LLC December 16, 2003 cancellation of said Contract for ± 195 acres for Coachella Valley Preserve No. 58 because the cancellation is consistent with the purposes of the Williamson Act: 1. A Notice of Non -Renewal has been served: A Notice of Non -Renewal was served on the County on or about February 26, 1999, and recorded on July 7, 1999 as Instrument No. 1999-320309 in the office of the County Recorder of Riverside County. 2. Cancellation is not likely to result in removing adjacent lands from agricultural use: There are no adjacent lands which are not currently zoned residential or commercial. 3. Cancellation is for an alternative use which is consistent with the City's General Plan: The subject property is designated as LDR (Low Density Residential), Golf Course (GC) and, Neighborhood Commercial (NC) under the City of La Quinta General Plan. The proposed alternative use for the subject property will be developed as a resort community with residential, golf courses and commercial uses. 4. Cancellation will not result in discontiguous patterns of urban development. 5. There is no proximate non -contracted land which is both available and suitable for the proposed use of the contracted land and development of the contracted land would provide more contiguous patterns of urban development than development of proximate non -contracted land. 6. The 'amount of cancellation fee pursuant to Section 51283 of the Government Code has been determined and certified by the City Council to be $1,168,125. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: I 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That it does hereby approve the tentative cancellation of the ± 195 acres for Coachella Valley Preserve No. 58, as depicted i CC RESO AP 03-0011 n 4% City Council Resolution 2003- Agricultural Preserve 2003-001 Coral Option I, LLC December 16 2003 3. That the owner must satisfy the following conditions prior to and as a condition precedent of the City authorizing the execution and recording of a final certificate of cancellation: (a) Payment within one year after recording the certificate of tentative cancellation of the cancellation fee of $1,1.68,125.00. If the cancellation fee is not paid within one year from the date of the recording of the certificate of tentative cancellation, then fee shall be recomputed and the recomputed fee shall be paid in full as a condition of final cancellation of. the Contract. Neither the cancellation fee nor any portion thereof shall be waived. (b) The owner shall obtain all permits and approvals necessary to commence the project on the Property. 4. That it does hereby instruct the Clerk to record a Certificate of Tentative Cancellation as required by Government Code Section 51283.4. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 16th. day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California CC RESO AP 03-0011 City Council Resolution 2003- Agricultural. Preserve 2003-001 Coral Option I, LLC December 16, 2003 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California CC RESO AP 03-0011 CITY COUNCIL RESOLUTION 2003- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 03-067 CORAL OPTION I, LLC DECEMBER 16, 2003 73. The site shall be monitored during on- and . off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of first earth -moving or clearing permit. 74. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 75. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first. Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 76 The Specific Plan (Specific Plan 03-067) shall prevail and all other specific plans governing this site shall be null and void. 41 7 r> \\CLQADMFSI\PLANNING\Martin\SDP 03 787 Coral Option I\SP 03 067 CC COA.doc 20 4 IN -���oFrt�9ti COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and an Ordinance on: 1) Environmental Assessment 2003-485 to Certify a Mitigated Negative Declaration of Environmental Impact; 2) General Plan Amendment 2003-095 to Amend Chapter 2.0 of the General Plan to Allow High Density Residential Uses in the Commercial Park Land Use Area; and 3) Zoning Code Amendment 2003-078 to Amend Table 9-5 of Section 9.80.040 of the Zoning Code to Permit High Density Residential Uses in Commercial Park District, Subject to Review and Approval of a Conditional Use Permit Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: t Adopt a Resolution of the City Council certifying a Negative Declaration (EA 2003- 485) for General Plan Amendment 2003-095 and Zoning Code Amendment 2003-078, subject to the attached findings; and Adopt a Resolution of the City Council approving General Plan Amendment 2003-095, subject to the attached findings; and Move to take up Ordinance No. _ by title and number only for Zone Code Amendment 2003-078, and waive further reading. Motion to introduce Ordinance No. _ on first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Community Development Department requests consideration to amend the City's General Plan (Chapter 2 - Land Use Element) and Municipal Code (Title-9) to permit High Density Residential uses in the Commercial Park (CP) District with a Conditional Use Permit and in accordance with High Density Residential (Section 9.30.070) development standards. The existing General Plan states that Commercial Park areas are for office and light industrial (i.e., warehouses, storage, high technology manufacturing, and automotive repair) and similar uses. Residential developments (aside from caretaker quarters), including high density developments, are not permitted in this land use district. The Zoning Code does not list townhouses or multiple -family dwelling units as uses permitted in the CP District as noted below: ' r� 2 Emergency shelters P P P P P P P Transitional shelters for homeless persons or victims of domestic abuse C X X X X X C Single family residential S X X X X X X Mixed -use projects: residential and office/commercial S X X X X X X RV Rental Park and Ownership/MembershipOwnership/Membership Parks C X X X C X X Resort Residential S X S X S X X Hotels and motels C X C X C X X Timeshare facilities, subject to Section 9.60.280 C X C X C X X Caretaker residences M M M M M M M The Commercial Park land use category was originally set up in the early 1990's to assist light manufacturing development and has been applied to properties along the Whitewater River (between Adams Street and Dune Palms Road) and adjacent to Regional Commercial areas south of Highway 1 1 1. The existing General Plan allocates approximately 64 acres to the Commercial Park land use classification (Attachment 1). Projects that are currently in the CP District are two mini -storage businesses and other commercial developments within Specific Plans 96-028 (La Quinta Corporate Centre) and 99-036 (Dune Palms Plaza). This request was initiated by an application for a 192-unit apartment complex on the east side of Dune Palms Road, south of Highway 1 1 1. Public Notice This project was advertised in the Desert Sun newspaper on December 4, 2003 for this meeting, pursuant to Section 9.200.1 10 of the Zoning Code. Additionally, a Notice of Intent was filed with the Riverside County Clerk on October 21, 2003, in accordance with the CEQA Guidelines. Any written comments received will be handed out at the meeting. Planning Commission Action On November 25, 2003, the Planning Commission adopted Resolutions 2003-103 through 2003-105, recommending to City Council certification of the Environmental Assessment and approval of GPA 2003-095 and ZCA 2003-078, subject to the attached findings and text changes (Attachment 2). Ci i 3 Analysis On November 4, 2003, the City's Redevelopment Agency determined that, based on "existing and projected residential development in both Project Areas," the Agency must secure 1,927 affordable dwellings by 2040, of which 771 must be affordable to very low-income households. Further, the Law provides that the Agency must insure that 1,672 affordable dwellings are in place by 2004, of which 669 must be affordable to very -low income households. To date, the Agency has secured 894 affordable dwellings comprised of 194 affordable to very low-income and 700 affordable to low - and moderate -income households." This Amendment request will permit High Density Residential uses in CP District areas (e.g., similar to the Regional Commercial land use designation), which will assist the City in meeting its affordable housing requirements as well as obligations to provide varied housing types and urban housing close to Highway 1 1 1, a regional transportation corridor. FINDINGS AND ALTERNATIVES: Environmental findings in support of the request are contained in the attached environmental documents. Findings, as noted in the attached Resolutions and Ordinance, can be made that the proposed Amendments will enhance the City's General Plan and Zoning Code land use provisions by allowing high density residential uses in a Commercial Park District. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Negative Declaration (EA 2003-485) for General Plan Amendment 2003-095 and Zone Code Amendment 2003-078, subject to the attached findings; and Adopt a Resolution of the City Council approving General Plan Amendment 2003-095, subject to the attached findings and text changes; and Move to take up Ordinance No. _ by title and number only for Zone Code Amendment 2003-078, and waive further reading. Motion to introduce Ordinance No. on first reading; or 2. Do not approve Resolutions and an Ordinance of the City Council certifying a Negative Declaration (EA 2003-485) and approving General Plan Amendment 2003-095 and Zone Code Amendment 2003-078; or 3. Provide staff with alternative direction. Respectfully submitted, Brry Hbrman ommunity Development Director Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Zoning Map Excerpt 2. 1.1-25-03 Planning Commission Minutes (Excerpt) 4r 5 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2,003-095 AND ZONE CODE AMENDMENT 2003-078 APPLICANT: CITY OF LA QUINTA CASE: ENVIRONMENTAL ASSESSMENT 2003-485 WHEREAS, the. City Council of the City of La Quinta, California, did, on the 16th day of December, 2003, hold a duly -noticed Public Hearing to consider Environmental Assessment 2003-485 for General Plan Amendment 2003-095 and Zone Change Amendment 2003-078 to allow High Density Residential uses in the Commercial Park land use area with a Conditional Use Permit; WHEREAS, an Initial Study and Negative Declaration has been prepared collectively for the above -cited applications to allow High Density Residential uses in the Commercial Park land use area within La Quinta; WHEREAS, the City has prepared the Initial Study and Negative Declaration in compliance with CEQA and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq.; and WHEREAS, the City published a notice of its intention to adopt the Negative Declaration and associated Initial Study in the Desert Sun newspaper on November 13, 2003, and December 4, 2003, and further caused the notice to be filed with the Riverside County Clerk on October 21, 2003, in accordance with the CEQA Guidelines. The public comment period began on November 14, 2003; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25th day of November, 2003, hold a duly -noticed Public Hearing to consider Environmental Assessment 2003-485 for General Plan Amendment 2003-095 and Zone Change Amendment 2003-078, and on a 5-0 vote, adopted Resolution 2003-103 recommending certification to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The above recitations are true and correct and are adopted as the Findings of the City Council. 2. The City Council finds that the Negative Declaration has been prepared and 2.1 City Council Resolution 2003-_ Environmental Assessment 2003-485 Adopted: December 16, 2003 processed in compliance with CEQA, the State CEQA Guidelines and the City's implementation procedures. The City Council has independently reviewed and considered the information contained in the Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the City-wide Amendment, and that, based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Amendment, there is no substantial evidence in light of the whole record that there are significant adverse environmental effects as a result of the Amendment. 3 The Amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant impacts were identified by Environmental Assessment 2003-485. 4. The Amendment 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, in that additional environmental analysis will occur during site -specific development projects. 5. There is no evidence before the City that the Amendment will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends based on review of the City's General Plan EIR. 6. The Amendment 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. 7. The Amendment 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 Project. 8. The Amendment will not have the 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 based on review of the City's General Plan EIR. 473 7 City Council Resolution 2003-_ Environmental Assessment 2003-485 Adopted: December 16, 2003 9 The City Council has fully considered the proposed Negative Declaration and the comments received thereon. 10. The Negative Declaration reflects the independent judgment and analysis of the City Council. 11. The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director. 12. Based upon the Initial Study and the entire record of proceedings, the Amendment has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 71 1.2. 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). 14. The Negative Declaration is hereby certified by the City Council. 15. The Community Development Director shall cause to be filed with the County Clerk a Notice of Determination pursuant to CEQA Guideline § 15075(a) once accepted by the City Council. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of December, 2003, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: City Council Resolution 2003-_ Environmental Assessment 2003-485 Adopted: December 16, 2003 JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4�1 0 Environmental Checklist Form 1. Project title: Environmental. Assessment 2003-485 for General Plan Amendment 2003-095 and Zone Code Amendment 2003-078 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Greg Trousdell 760-777-7125 4. Project location: Citywide 5. Project sponsor's name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 6. General plan designation: N/A 7. Zoning: N/A 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The City is considering an amendment to the General Plan and Municipal Code (Title 9) which would allow High Density Residential land uses in the Commercial Park land use designation and zoning district, respectively. The text amendments would allow multi -family development at densities up to 16 units per acre, with approval of a Conditional Use Permit, in the Commercial Park land use designation, subject to the development standards in Section 9.30.070. The change is being considered as a result of a request for construction of 192 apartment units on a 10 acre parcel (CUP 03-081 and SDP 03-788) located approximately 650 feet south of Highway 111, and east of Dune Palms Road. The Initial Study for the apartment project is being -processed separately, due to project redesigns, which require that the project review be delayed (EA 2003-484). 9. Surrounding land uses and setting: Briefly describe the project's surroundings: Not applicable. The General Plan and Zone Code Amendments would apply Citywide. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -1- 10 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, 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 IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR 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. November 12, 2003 J ty Development Director PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -2- 4 811� 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 XVH, "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. PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -3- 484 12 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead 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)-d) The General Plan Amendment and Zone Code Amendment will not impact aesthetics, scenic vistas or light and glare in and of themselves. Individual project proposals will still require review under the site development and conditional use permit processes to assure that they are compatible. Structures in the CP District are restricted to 35 feet in overall height. No impacts associated with aesthetics are expected to occur as a result of implementation of the General Plan Amendment and Zone Code Amendment. Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact II. AGRICULTURE RESOURCES: Would the project: 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 P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -4- 13 48� California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) 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? (Project description, site photos.) H. a)-c) The Commercial Park designation and zoning district occurs only immediately adjacent to Highway 111. No agricultural lands occur in lands, nor are there any Williamson Act contracts on lands in this area. on lands located proximity to these 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) PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -5- L��� 14 III. a)-e) The Amendments will not impact air quality. The ultimate development of any site for apartment uses within the Commercial Park land use designation will require additional review under the requirements of CEQA. As stated above, the GPA and ZCA were initiated due to an applicant's request for a multi -family project on Dune Palms Road to the south of Highway 111. The primary source of pollution in the City is the automobile. A traffic study was completed for the above -referenced multi -family project'. It has been estimated that 200 units on approximately 11 acres would generate average daily trips (ADT) of 1,326 ADT. By comparison, if an office complex were built on this property, 1,583 ADT trips could be expected`. A similar trip generation was analyzed in the General Plan EIR for this property, since office development was generally assumed for commercial park uses. It can therefore be expected that the potential impacts associated with multi -family development on air quality in the region would be generally less than those from office development, which is currently the primary land use in this land use designation. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). Projects proposed in this land use category will be required to implement the Valley's 2002 PM10 Plan, which implements much stricter measures for the control of dust both during the construction process and as an on -going issue. These measures will be integrated into conditions of approval for the proposed project. These individual projects will be analyzed and may include mitigation measures if necessary to reduce potential impacts associated with PM10 generation on any given site. Finally, the proposed change in land use designation will require the processing of a conditional use permit for high -density apartment projects in this designation, to assure that potential land use conflicts associated with adjacent and previously existing light industrial uses do not occur, particularly as it relates to air quality emissions. This level of review will assure that residents of future projects will not be negatively impacted by industrial or quasi -industrial emissions which may be located adjacent. Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No 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 1 "Traffic Impact Study La Quinta Family Apartments Project..." prepared by Linscott, Law & Greenspan, September, 2003. 2 "Trip Generation, 6 h Edition," Institute of Transportation Engineers, based on 30% lot coverage on 11 acres, category 710, General Office Building. The number of apartment units was reduced to 192 on October 24, 2003. P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final GPA95.doc 1 -6- 487 15 or U.S. Fish and Wildlife Service? (General Plan Biological Resources Element) 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? (General Plan Biological Resources Element) 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? (General Plan Biological Resources Element) 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? (General Plan Biological Resources Element) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan Biological Resources Element) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan Biological Resources Element) IV. a)-f) The General Plan Amendment and Development Code text amendment will not, in and of themselves, have any impacts on biological resources. Individual projects which may be proposed will be reviewed to assure that they are not in a survey area, as defined by the Environmental Resources chapter of the General Plan. Should surveys be required, they will be performed as part of the project -specific CEQA review. 4�3 P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -7- 16 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES — Would the ro'ect: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Sect. 15064.5? (General Plan Cultural Resources Element) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Sect. 15064.5? (General Plan Cultural Resources Element) 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? (General Plan Cultural Resources Element) V. a)-d) The Amendments will not, in and of themselves, have any impacts on cultural or paleontological resources. Individual projects which may be proposed will be reviewed to assure that they are not in a sensitive area, as defined by the Environmental Resources chapter of the General Plan. Should cultural resource surveys be required, they will be performed as part of the project -specific CEQA review. 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 X 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) PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -8- 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)-e) The GPA and ZCA will not, in and of themselves, be impacted by geologic hazards. Individual projects will be reviewed by the City Engineer to assure that they comply with current standards for seismic zone construction, as is currently the case for all development projects. These individual analyses, and the associated mitigation measures, which may be required, will assure that impacts to individual projects are adequately addressed. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the 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 P:\Greg T\SR CC GPA095 CP DISTRIMEA 03-485 Final - GPA95.doc -9- 18 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) 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 GPA and ZCA will not, in and of themselves, be impacted by hazardous materials. Individual projects will be reviewed to assure that they comply with current standards for household hazardous waste, and that they are not located adjacent to hazardous waste generators. This review, and the potential implementation of mitigation measures, will assure that potential impacts are adequately addressed. 49 :I PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -io- 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALTTY -- 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? (General Plan Environmental Hazards Element) 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 that would result in flooding on- or off -site? (General Plan Environmental Hazards Element) 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? (General Plan Environmental Hazards Element) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental 49 P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -11- 20 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) VIH. a)-g) The GPA and ZCA will not, in and of themselves, impact water resources. Individual projects which may be proposed will require additional review under CEQA, including water demand analysis, and associated compliance with City water conservation standards in construction and landscaping. 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 General Plan Amendment will allow the construction of high density residential land uses in commercial areas, which will improve the jobs/housing balance in the City, and potentially add to the inventory of affordable housing in the City. In addition, the Commercial Park designation has been applied to lands adjacent to the City's primary arterials, and in close proximity to Highway 111, where transit routes are available. Proximity to alternative transportation is also encouraged in the General Plan. The GPA therefore enables the City to facilitate goals, policies and programs already in place in the General Plan. 3 PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -12- 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 Commercial Park lands in the City are in areas already developed and not designated for Mineral Resources. The GPA and ZCA will have no impact on these resources regardless of the development which occurs there. Potentially Significant Less Than Significant w/ Less Than Significant No 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) PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -13- 434 22 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 General Plan Amendment and Zone Code Amendment will have no impact on noise levels in and of themselves. The ultimate development of any given site will be reviewed separately under CEQA, and analyzed for both impacts associated with the proposed project on adjacent development; and the impacts of adjacent development on the proposed project. The City will impose mitigation measures should these impacts be potentially significant. The additional review under CEQA will ensure that impacts can be reduced to a less than significant level. 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) P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -14- 495 23 XII. a)-c) The General Plan Amendment and Zone Code Amendment will facilitate the development of additional high -density dwelling units in the City. The City's Redevelopment Agency has identified a need for 1,672 affordable housing units in the City by 2004, and has secured 894 of these units. Additional projects, which are proposed as affordable, including the project on Highway 111 and Dune Palms referred to above, will help the City meet its affordable housing needs in the short term. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) 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) The General Plan and Zone Code Amendments will not impact public services directly. Projects proposed on any site will be served by the County Sheriff and Fire Department, under City contract. These projects will generate property tax which will offset the costs of added police and fire services. These projects will also be required to pay the mandated school fees in place at the time of issuance of building permits. 1! 1J C) PAGreg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -15- 24 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 GPA and ZCA will not directly impact recreational facilities. Private and common recreation space is required under the Development Code for multi -family developments. The City will review individual projects to assure that they meet these standards. 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 P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -16- 25 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) The proposed GPA and ZCA will not directly impact traffic and circulation. However, as stated above under Air Quality, high density land uses appear to generate fewer trips than office land uses. As such, the construction of apartments rather than offices on any of these sites could reduce traffic impacts associated with General Plan buildout, and provide a beneficial impact. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. 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 (3 P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -17- 26 available to serve the project from X 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) The General Plan Amendment and Zone Code Amendment will not directly impact public utilities and services. Additional review will be required for individual projects which may be proposed for any site under this designation. This analysis will include review to assure that adequate electricity, water, solid waste and wastewater are available at the time of development. 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? �n P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -18- 27 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 General Plan and Zone Code Amendments will have no impact on biological resources. Specific projects will be required to provide site -specific resource analyses, as required by the General Plan. XVII.b) The proposed GPA and ZCA have the potential to achieve both short term and long term goals, by providing additional affordable housing in close proximity to public transportation, shopping and schools. XVII. c) The General Plan and Zone Code Amendments will not exceed those impacts identified in the General Plan EIR, and may result in slightly lower impacts to air quality and traffic and circulation. XVII. d) The GPA and ZCA will not have any direct environmental effects on human beings. Additional environmental review will be required for individual project to assess the impacts associated with specific sites. These reviews will assure that potential impacts are adequately mitigated. P:\Greg T\SR CC GPA095 CP DISTRICT\EA 03-485 Final - GPA95.doc -19- 28 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGES TO CHAPTER 2.0 (LAND USE ELEMENT) OF THE CITY'S GENERAL PLAN TO ALLOW HIGH DENSITY RESIDENTIAL USES IN THE COMMERCIAL PARK (CP) DISTRICT CASE: GENERAL PLAN AMENDMENT 2003-095 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did, on the 16" day of December, 2003, hold a duly -noticed Public Hearing to consider approval of General Plan Amendment 2003-095 to allow High Density Residential uses in the Commercial Park land use area with a Conditional Use Permit; WHEREAS, the Community Development Department published the notice (1 /8 page Display Ad) in the Desert Sun. newspaper on December 4, 2003, for the December 16, 2003 Council meeting, as prescribed by Section 9.200.110 (Public Notice Procedure) of the Municipal Code. The public comment period began on November 14, 2003. Public Hearing notices were also mailed to local public agencies; and WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-485. Based upon this Assessment, the project will not have a significant adverse effect on the environment;. therefore, a Negative Declaration is recommended. A Notice of Intent to Adopt a Negative Declaration was posted with the Riverside County Recorder's office on October 21, 2003, as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 25th day of November, 2003, hold a duly -noticed Public Hearing to consider General Plan Amendment 2003-095, and on a 5-0 vote, adopted Resolution 2003-104, recommending approval; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings pursuant to Section 9.230.020 of the Zoning Code to justify approval of said land use text changes: S:\City Clerk\Resolutions\PH 2 GPAReso.doc 29 City Council Resolution 2003-_ General Plan Amendment 2003-095 Adopted: December 16, 2003 A. Consistency with the General Plan: The General Plan provides direction for growth and provides practical policy implementation tools to manage that growth. The proposed Amendment is internally consistent with the goals, objectives and policies of the General Plan in that it provides for a mix of land uses in the Commercial Park District and allows high density residential uses to assist implementation of the City's Housing and Circulation Elements goals and policies. B. Public Welfare: Approval of the proposed land use Amendment will not create conditions materially detrimental to public health, safety and general welfare in that high intensity residential uses are typically allowed in urban corridors with appropriate environmental review and mitigation. C. Land Use Compatibility: The proposed Amendment is compatible with other high intensity land uses such as the Regional Commercial District. D. Property Suitability: The Amendment is suitable for the Commercial Park District in that it promulgates the goals and objectives of the City's General Plan (i.e., Housing and Circulation Elements). E. Change in Circumstances: The Amendment facilitates the opportunity for additional residential development opportunities in the City; and therefore, continues to offer a broad range of housing types. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby certify Environmental Assessment 2003-485 in that no significant effects on the environment were identified; and 3. That it does hereby approve General Plan Amendment 2003-095 as contained in Exhibit "A" attached hereto, and made a part of this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16t' day of December, 2003, by the following vote, to wit: 30 City Council Resolution 2003-_ General Plan Amendment 2003-095 Adopted: December 16, 2003 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 " 3 J =.. 31 City Council Resolution 2003-_ General Plan Amendment 2003-095 Adopted: December 16, 2003 EXHIBIT "A" Amend Table 2.1 of Chapter 2.0 (Land Use) of the General Plan as follows: "Commercial Park, CP - The typical land use under this designation are office, light industrial and high density residential: warehousing and storage, office/warehouse combined uses, high technology light manufacturing, automotive repair, and high density residential uses." Amend Program 2.1 of the Commercial Goals, Policies and Programs of Chapter 2.0 (Land Use) of the General Plan as follows: "Program 2.1: Residential development shall not be permitted within 600 feet of Highway 111 in the Regional Commercial designation, except as allowed in the non-residential overlay in the Development Code. Residential developments in the Commercial Park designation can be up to 16 dwelling units per acre without being in a Specific Plan area." 5k"I4 32 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 9.80.040 (TABLE 9- 5) OF THE MUNICIPAL CODE TO ALLOW HIGH DENSITY RESIDENTIAL USES (UP TO 16 DWELLING UNITS PER ACRE) IN THE COMMERCIAL PARK ZONING DISTRICT, SUBJECT TO A CONDITIONAL USE PERMIT CASE NO.: ZONE CHANGE AMENDMENT 2003-078 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 161h day of December, 2003, hold a duly noticed Public Hearing to consider an Amendment to Section 9.80.040 (Table 9-5) of the Municipal Code to allow high density residential uses (up to 16 dwelling units per acre) in a Commercial Park Zoning District, subject to approval of a Conditional Use Permit application; and WHEREAS, the Community Development Department published a notice of its intention to adopt the Negative Declaration and associated Initial Study in the Desert Sun newspaper on December 4, 2003, and further caused the notice to be filed with the Riverside County Clerk on October 21, 2003, in accordance with the CEQA Guidelines. No written comments have been received; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 25' day of November, 2003, hold a duly noticed Public Hearing for Zone Code Amendment 2003-078, and on a 5-0 vote, adopted Resolution 2003-105 recommending approval to the City Council; and WHEREAS, the La Quinta Community Development Department has completed Environmental Assessment 2003-485. Based upon this assessment, the project will not have a significant adverse effect on the environment; therefore, a Negative Declaration is recommended; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zone Code Amendment pursuant to Section 9.200.020 of the Municipal Code: 1. The proposed text changes are consistent with the goals and policies of General Plan Amendment 2003-095 to allow high density residential uses in Commercial Park land use area with approval of a Conditional Use Permit. The proposed change will enhance the Highway 111 urban corridor and provide a supporting relationship with surrounding Regional Commercial land uses. .) ;. J SACity ClerMOrdinancesTH2 OrdZCA 078.doc 33 Ordinance No._ Zone Code Amendment 2003-078 Adopted: December 16, 2003 2. The proposed text changes will not be detrimental to the public health, safety and welfare, in that a Conditional Use Permit application is required for a residential development pursuant to the requirements of Section 9.210.020 of the Zoning Code. 3. The proposed change will ensure a broad mix of land uses in the Commercial Park District that will enhance the City's marketability and promote a diverse community of commercial and residential activities. A residential land use in the CP area will enhance and provide a transition to Regional Commercial land uses that abut Highway 1 1 1, a Primary Image Corridor. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE. To amend Section 9.80.040 (Table 9-5) of the Municipal Code as provided in Exhibit "A", attached hereto. SECTION 2. ENVIRONMENTAL. This Zone Code Amendment has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that Environmental Assessment 2003-485 concludes no significant adverse effect will occur based on the Negative Declaration. 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 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. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 16' day of December, 2003, by the following vote: 34 Ordinance No. Zone Code Amendment 2003-078 Adopted: December 16, 2003 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 35 Ordinance No._ Zone Code Amendment 2003-078 Adopted: December 16, 2003 EXHIBIT "A" Amend the Residential, Lodging and Child Care Uses in Table 9-5 of Section 9.80.040 of the Municipal Code as follows: 36 Ordinance No._ Zone Code Amendment 2003-078 Adopted: December 16, 2003 Mixed -use projects: residential and office/commercial S X X X X X X RV Rental Park and Ownership/MembershipOwnership/Membership Parks C X X X C X X Resort Residential S X S X S X X Hotels and motels C X C X C X X Timeshare facilities, subject to Section 9.60.290 C X C X C X X Caretaker residences M M M M M M M J 3 37 ATTACHMENT82 Planning Commission Minutes November 25, 2003 G. Environmental Assessment 2003-485, General Plan Amendment 2003- 095, Zoning Code Amendment 2003-078; a request of the City for consideration of certification of a Negative Declaration of environmental impact, an Amendment to Chapter 2 of the General Plan to allow High Density Residential uses in the Commercial Park District, and an Amendment to Section 9.80.040, Table 9-5 of � £honing Code to permit High Density Residential uses in a Commerm VP ark District, subject to review and approval of a Conditional Use . 1. Chairman Kirk opened the pu,�Jc' hearing asked for the staff report. Associate Planner C erousdell pres T the information contained in the staff r a copy of whicl�`�on file in the Community Developm4W,, , . 2. Chairman Kirk asked if th ' '1,1�'ere any questions of staff. I l Commissioneri �fer asked why should not be tabled with the a , application th d the char,, Community Development PP Director Jerry I-inar �d that iPPlicant were to submit x �e''i•E't ?. t any his applications ram, it wolf mutt issue as the General Plan t g�. w9Ap ; current llo�pi,� ° A therefore taking the General R'Ap ment f x as it will not only assist this project <,z �; ' .z. en it is bmitted, t other areas of the Cit y as well. 3. rWir ��°°d if ere was any other public comment. The`ftN ing none, Cirman Kirk closed the public hearing and .:, W'dN08 . p`e matter fog Commission discussion. W, 4. Corissior��',Tyler questioned whether this was good planning praA, s. Corssioner Quill differed in that he thought it was a good o ' Ortunity to have mixed uses. 6. there being no further discussion, it was moved and seconded by Commissioners Abels/Quill to adopt Planning Commission Resolution 2003-103, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-485, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G:\WPDOCS\PC Minutes\11-25-03WD.doc 38 ` !1 Planning Commission Minutes November 25, 2003 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-104, recommending approval of General Plan Amendment 2003-095, as recommended: ROLL CALL: AYES: Commissioners Abels, `' Is, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTA .. one. ABSENT: None. 8. It was moved and seconded b °k .M ners Abels/Danie s to adopt Planning Commission Rqqoltion 20 105, recommending 'PROapproval of Zoning Cd" °AmendmeWl.tI 2003-078, as recommended..:rv:, ROLL CALL: AYES: Commissi°� A Daniels, Quilt' and Tyler, Chairman Kirk. NOES: NoAIN: None. ABSENT: None. H. ZoninQ Code Ameft consideration of ann z 9.160.020, Table 9-17 ' 9.40.040e 9-1 OA permitn >�entially 5, include=etache uesthc 13 1 0. B of t, nta map ti 003-079 1j . request of the City for en,of i to the3 mnicipal Code Sections: Exem� s, retng to Christmas Lights; nARN UWN : churches as conditionally earea; 9.60.100.D.1 Guesthouses, to in the Minor Use Permit process, and �iubdivision Maps, to allow tentative tract listed by the Community Development r r w where is no . Inge. 1. �p rmarR,15.1 opened the public hearing and asked for the staff reIV!d Pla Manager Oscar Orci presented the information cont,d in the staff report, a copy of which is on file in the Comnity Development Department. � 3 r CA#s. 2. ttinan Kirk asked if there were any questions of staff. ,; 3 mmissioner Daniels asked if the first one was enforceable. Staff stated that was why it was being presented. 3. Commissioner Tyler stated Section 9.160.020 does not state when the lights can put it up. It should give a date of when to begin and end. Assistant City Attorney Michael Houston stated that in light of Code Enforcement issues it would be best to have a date to begin and end. Staff recommended 45 days prior to and 21 days after. r� , . G:\WPDOCS\PC Minutes\11-25-03WD.doc 39 J 1 ern--�- 0J_ ,%K�7 f� �w �5 C� OF ,ti9 COUNCIL/RDA MEETING DATE: December 16, 2003 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and an Ordinance on: 1) Environmental Assessment 2003-479 to Certify a Mitigated Negative Declaration of Environmental Impact; 2) General Plan Amendment 2003-094 and Zone Change 2003-115 to Change Land Uses and Zoning Designations from Community Commercial and Medium Density Residential to Low Density Residential; and 3) Tentative Tract Map 31348 to Consider the Subdivision of 37.72 Acres into 72 Lots and One Open Space Lot, for Property Located at 46-201 Washington Street. Applicant: Madison Development, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003- 479; and Adopt a Resolution of the City Council approving General Plan Amendment 2003- 094 to change land uses from Community Commercial and Medium Density Residential to Low Density Residential, subject to findings; and Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading approving Zone Change 2003-1 15 to change the zoning designation from Community Commercial and Medium Density Residential to Low Density Residential; and Adopt a Resolution of the City Council approving Tentative Tract Map 31348 to subdivide ± 37.72 acres into 72 single-family lots and one open space lot, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The site is located between the City limits to the west, retail commercial to the east, single-family residential uses to the south, and Plaza La Quinta Shopping Center to the north (Attachment 1). The applicant is requesting approval of a General Plan Amendment (Attachment 2) and Zone Change (Attachment 3) to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, and a Tentative Tract Map (Attachment 4) to subdivide the ± 37.72 acre site into 72 single-family lots and one open space lot. This project was continued from the November 18, 2003 City Council meeting. The City Council directed staff to work with the applicant to analyze alternative circulation options into the project in order to address circulation concerns along Washington Street. Engineering staff has worked with the developer and has identified three (3) additional access alternatives for City Council consideration (Attachment 5). The access alternatives include: Option 1 - This option proposes the original proposal, which was an access driveway into the tract centered along the tract frontage on Washington Street with a 100-foot long deceleration lane. The Resolutions/Ordinance prepared for Council contain the Planning Commission's recommendation of approval of the original proposal. Should the City Council choose this option, their action would be to adopt all Resolutions, and an Ordinance, and Conditions of Approval, as attached to this report. Option 2 - This option proposes an access driveway into the tract from a newly reconfigured intersection at Singing Palms Drive and Washington Street with a 200- foot long deceleration lane (southbound) into the project and a traffic signal. -� J1 002 S:\CityMgr\STAFF REPORTS ONLY\PH 3 PtHappy.doc Should the City Council choose this option, staff recommends that the item be continued to allow staff and the applicant the opportunity to prepare the appropriate environmental analysis, notify the surrounding residents, amend the applications to include a General Plan Amendment, and prepare corrected conditions. Currently, a General Plan policy establishes a minimum signalized intersection spacing distance of 1,060 feet on Major Arterials in residential areas. The project under this option does not meet this policy. This option would require a public hearing by the Planning Commission and City Council prior to final action on the project. Option 3 — This option would allow a right -in only access driveway into the tract from the reconfigured frontage road alignment near the southerly portion of the tract on Washington Street with a 200-foot long deceleration lane. This option does not require a General Plan Amendment; however, should the City Council choose this option, staff requests a continuance to allow staff the opportunity to analyze the environmental issues associated with the new project design, notify the surrounding residents, and prepare corrected conditions. Option 4 — This option would allow an access driveway into the tract from a reconfigured/combined access that would also serve the Plaza La Quinta shopping center, with a 150-foot deceleration lane. Under this option, the existing access to Plaza La Quinta on Washington Street would be removed. This option does not require a General Plan Amendment; however, should the City Council choose this option, staff requests a continuance to allow staff the opportunity to analyze the environmental issues associated with the new project design, notify the surrounding residents, and prepare corrected conditions. Recommended Option From a traffic circulation and traffic safety perspective, staff believes that all three of the newly identified options are considered better than the original access options presented by the developer. Please refer to the memorandum from the Department of Public Works (Attachment 5) for specific traffic and circulation analysis. Generally speaking, Option #2 addresses more traffic circulation and traffic safety issues than the other options. In addition, the City is making signal synchronization improvements on Washington Street between Miles Avenue and Avenue 47 to improve the traffic flow. This option, in concert with the City's synchronization efforts, would result in improved traffic flow on Washington Street. Staff estimates that Option #2 will cost approximately $1,000,000 more than Option # 1, which was the developer's original proposal. Additionally, in order to implement Option #2, a General Plan Amendment is required to signalize the intersection 920 feet south of Highway 1 1 1 instead of the 1,060 feet spacing s14 003 S:\CityMgr\STAFF REPORTS ONLY\PH 3 PtHappy.doc required by the General Plan. It should also be noted that Option #2 will take longer to implement than the other options (approximately six (6) months longer than Option # 1) . In addition, two single-family homes would have to be acquired by the developer in order to implement this option. This would involve negotiations, buying the homes, and relocation of the existing residents. If the residents were unwilling to sell their homes voluntarily, the City could consider exercising the right of eminent domain, since the area at issue would become a public street. The proposed Conditions of Approval must place all burden of the acquisition on the developer. The City would want the developer to execute an agreement similar to the one used for the extension of La Quinta Drive at Highway 1 1 1 ensuring that the City would bear no expense as a result of the acquisition. If the developer is unable to acquire the property via good faith negotiation, the City Council could consider eminent domain proceedings at the developer's expense. However, the City may not commit to exercising eminent domain. The Council would make that determination only after completing several procedural steps and deciding whether or not to adopt a Resolution of Necessity. If the City Council declines to exercise its powers of eminent domain, the developer is, by State law, relieved of the requirement to construct the off -site improvement, and is allowed to proceed with a "default" alternative. Thus, it is important to identify a default alternative that would become effective if the property needed for the roadway is. not acquired within the required time set forth in the Subdivision Map Act. If, despite seeking eminent domain or requiring the developer to negotiate to obtain the property, the City or developer is unable to obtain sufficient interest in the property (to allow the offsite improvements to move forward) prior to the developer filing the final map, then the requirement to make these offsite improvements is deemed waived unless (1) prior to final map approval the City requires the applicant to enter into a secured improvement agreement, requiring the applicant to construct the improvements once the City acquires sufficient title or rights to make the improvements or (2) the City, within 120 days of the developer's filing of the final map, acquires by negotiation or commences eminent domain proceedings to acquire sufficient interest in the land. If the City has not required the developer to enter into an agreement to complete the improvements and does not acquire sufficient interest within the 120-day period, then the condition requiring the construction of off -site improvements shall be conclusively deemed to be waived. The Default Alternative (requires no property to be acquired) Engineering staff considers Option #3 to be the second best alternative. It provides improved traffic safety compared to Option #1, the original proposal, but does not provide the quality of traffic circulation contained in Option #2, the recommended option. Option #3, the default option, requires Point Happy Ranch residents exiting r . f ;::�J 004 S:\CityMgr\STAFF REPORTS ONLY\PH 3 PtHappy.doc the Washington Street access to turn right onto the frontage road and proceed south to Highland Palms Drive where the residents can then gain direct access to Washington Street at that signalized intersection. Public Notice This project was advertised in the Desert Sun newspaper on November 8, 2003, and mailed to all property owners within 500 feet of the site. Since it was continued to a certain date, no other noticing requirements are needed. Should the City Council choose Option 3 mentioned above, additional public hearings will be required and staff will notice the project in accordance with the Zoning Code requirements. To date, three letters have been received from adjacent property owners (Attachment 6). Any additional written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment, General Plan Amendment, Zone Change and Tentative Tract Map, can be made and are contained in the attached Resolutions and Ordinance. 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003- 479; and Adopt a Resolution of the City Council approving General Plan Amendment 2003-094 to change land uses from Community Commercial and Medium Density Residential to Low Density Residential, subject to findings; and Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading for Zone Change 2003-115 to change the zoning designation from Community Commercial and Medium Density Residential to Low Density Residential; and Adopt a Resolution of the City Council approving Tentative Tract Map 31348 to subdivide ± 37.72 acres into 72 single-family lots and one open space lot subject to findings and Conditions of Approval. 2. Do not adopt the Resolutions or Ordinance approving the project; or 3. Provide staff with alternative direction. 005 S:\CityMgr\STAFF REPORTS ONLY\PH 3 PtHappy.doc Respectfully submitted, r merrDen munity Development Director Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. Vicinity Map 2. General Plan Amendment Map 3. Zone Change Map 4. Tentative Tract Map 31348 5. Memo to Jerry Herman from Tim Jonasson regarding Circulation Aspects for Evaluation and Comparison Analysis of the Options and Exhibits 6. Letters received from surrounding property owners S:\CityMgr\STAFF REPORTS ONLY\PH 3 PtHappy.doc RESOLUTION 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QIJINTA,„ CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2003-494, ZONE CHANGE 2003-03-115 AND TENTATIVE TRACT MAP 31348. CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-479 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18' day of November, and on the 16' day of December, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2003-479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of September, and on the 28th day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2003-479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot); and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Environmental Assessment 2003-479, and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of Environmental Impact is recommended for certification; and, 007 City Council Resolution 03- Environmental Assessment 03-479 Madison Development, LLC December 16, 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 indirectly, or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 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 in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 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, the Environmental Assessment imposes mitigation measures to 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 significant effects on environmental factors will be reduced to less than significant levels as identified in 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 in that the site will be developed with less intensity than the current land use designations under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in CC RESO EA 03 479 008 City Council Resolution 03- Environmental Assessment 03-479 Madison Development, LLC December 16, 2003 that the Environmental Assessment did not identify any significant impacts 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 have been imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2003-479 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 fol.lows: 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 2003-479 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16h day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: 009 CC RESO EA 03 479 City Council Resolution 03- Environmental Assessment 03-479 Madison Development, LLC December 16, 2003 ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California CC RESO EA 03 479 Environmental Checklist Form 1. Project title: General Plan Amendment 2003-094, Zone Change 2003-115, Tentative Tract Map 31348 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Martin Magana 760-777-7125 4. Project location: West side of Washington Street, immediately south of Plaza La Quinta Shopping Center, and north of Crestview Drive APN: 604-050-009, -010, 643-170-001, -002 5. Project sponsor's name and address: Madison Development 71361 San Gorgonio Rd. Rancho Mirage, CA 92270 6. General plan designation: 7. Zoning: Current: Low Density Residential, Medium Current: Low Density Residential, Density Residential, Community Commercial and Medium Density Residential, Open Space Community Commercial and Proposed: Low Density Residential Open Space Proposed: Low Density Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases - of the project, and any secondary, support, or off -site features necessary for its. implementation. Attach additional sheets if necessary.) General Plan Amendment and Zone Change to amend the land use designations on f 12.23 acres from Community Commercial and Medium Density Residential to Low Density Residential. The existing 8.87 acres in Low Density Residential located along the eastern section of the property will remain as such. The existing 16.62 acres of Open Space designated on the western half of the property will remain as such. The Community Commercial designation on the northeasterly portion of the property represents • - approximately 5.56 acres. The Medium Density Residential designation on the northern central portion of the property represents approximately 6.67 acres. The proposed change would result in Low Density Residential designations on all lands currently designated Community Commercial and Medium Density Residential, with the existing 16.62 acres in Open Space remaining as such. Tentative Tract Map to allow the subdivision of 37.72 acres into 72 single family lots and one open space lot. Access to the project will be provided from both Washington Street and Highland Palms Drive, via a new roadway. An area of approximately 0.4 acres will be dedicated to on -site retention. Lots sizes range between 8,133 and 16,409 square feet. 0 1 1_ -1- A draft and final EIR were previously prepared for a commercial project on the site. This document, although not certified by the .City, provides important technical background data . on the project site, and has been used in preparation of this environmental document. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: -North: Existing commercial retail shopping center (Plaza La Quinta) South: Existing single family residential development West: Vacant, Open Space lands East: Washington Street, existing commercial retail shopping center (La Quinta Court) - 10. Other public agencies whose approval is required (e.g., permits, financing. ,approval, or participation agreement.) . Coachella Valley Water District -2- 0,12 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards & Hazardous Hydrology / Water Land Use / Planning. Materials Quality Mineral Resources Noise Population / Housing Public Services Recreation Transportation/Traffic Utilities / Service Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the 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 IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR 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. Signature Date 013 -3- 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 XVII, "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, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. -4- 014 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 X resources, 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)-c) The proposed project site has previously been a residential and. agricultural site. An orchard is still present on the project site, as are some small structures. The proposed project will consist of single family residential dwelling units, which will be one story in height. The proposed change in land use designation will result in a lowering of potential • impacts associated with scenic resources, since the structures can be expected. to be smaller than those which would be constructed for a commercial project or a medium density residential project, both in bulk and height. The property is immediately adjacent. • to the toe of slope of the Santa Rosa Mountains. However, the construction of single family homes, either one or two stories in height, will not represent a significant obstruction to the slopes of the Santa Rosas. Overall impacts to aesthetic resources are expected to be less than significant. I. d) The project site will generate light from residential outdoor lighting, on a property which currently does not generate light. All lighting on the site will be regulated by the City's lighting ordinance, which ensures that lighting levels do not spill over onto other properties. This standard, combined with the low lighting levels generated by residential land uses, will ensure that impacts from light and glare are less than significant. 015 -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 ff:) b) Conflict with existing zoning for X 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? (Project description, site photos.) II. a)-c) The proposed project site is still planted with date palms and fruit trees, and is at least partially in production. The site is not, however, considered to be prime agricultural land either in the City's General Plan, or in regional and -state documents. The site is an isolated parcel now surrounded by urban development, and has limited potential for continued agricultural use. The significance of the site as an agricultural concern is primarily associated with potential historic issues, which are discussed further in Section V., Cultural Resources, below. The site will be converted to residential land uses which have the potential to maintain the character of an orchard, however, through the planting or relocating of date palms and fruit trees. This issue is discussed further in Section V. As an isolated and low -production date farm, the site has limited value for agricultural _ production, and is surrounded by urban land uses, and impacts associated with the loss of this parcel to agriculture are expected to be less than significant. 016 IM 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 anon - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) 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 will consist of the development of 72 single family residential units, associated improvements, and, one open space lot. The residential units will generate approximately 708 vehicular trips per day at buildout. These trips will generate the following emissions of criteria pollutants. -7- 0117 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 708 x 7 = 4,956 Pollutant ROC CO NOX PM10 PM10 PM10 Exhaust Tire Wear Brake Wear Grams at 50 mph 446.04 119597.04 23,378.88 - 49.56 49.56 Pounds at 50 mph . 0.98 25.60 5.25 - 0.11 0.11 SCAQMD Threshold 75 550 100 150 (lbs./day) Assumes 72 market rate homes, ITE categories 210. 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 not exceed any of SCAQMD's recommended daily thresholds for criteria pollutants. Impacts associated with these pollutants are therefore expected to be less than significant. 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 as an on -going issue.These _ measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road _ shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 995.3 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 order to mitigate the potential impacts associated with PM10 dust generation at the site, the following mitigation measures shall be implemented. 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. �., -8- - 018 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the • site .that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each,work day. • 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Washington Street and Crestview Terrace shall be installed with the first phase of development. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 10. 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 PM 10 Management Plan. -9- 3 019 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the pro 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., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) 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., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) 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., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) 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., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) 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., Draft EK The Pointe at Point Happy Ranch, September, 2001) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The proposed project site is currently an underutilized date farm, and has. been for almost 90 years. The probability of species of concern occurring on the project site are therefore extremely low. The site is designated within the critical habitat boundary for the Peninsular bighorn sheep, but those areas on the Valley floor are not appropriate for sheep habitat, and those areas above the toe of slope will be preserved as open space. Finally, the site's proximity to Highway 111, and the lack of sheep activity recorded in the hillsides north of Avenue 48 (extended), make it unlikely that sheep frequent this .area. A biological field survey was conducted for the previously proposed commercial project for this site'. Although some natural communities were identified in this analysis, they were clearly highly disturbed, and have little value. The only portion of the site which is still relatively undisturbed, and which will continue to be so, is the hillside proposed for preservation as open space. As such, impacts to biological resources on this portion of the site are expected to be minimal. The study did find, however, that potential habitat for loggerhead shrike occurs on the property, particularly nesting and foraging habitat. The E1R further identified indirect impacts to bighorn sheep as being possible for this site. The development of single family residential dwellings will provide a different. type of development on the project site, but will ultimately have the same potential impacts to biological resources, insofar as the site will be substantially altered from its current state. The project proposes to have the rear yards open to the hillside along the western boundary of the. project. There may be conflicts which could occur as a result of the project including access for bighorn sheep to poisonous plants in the project landscaping and conflicts with domestic animals. These impacts can be mitigated by requiring the applicant to implement the mitigation measures below that will reduce potential impacts to biological resources to a less than significant level. 1. Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird Act are nesting on the property. Should such nests be identified, buffer areas in conformance with the Act, but no less than 50 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest. The required field survey shall be submitted to the Community Development Department for review and approval prior to the issuance of the first permit for demolition, grubbing, grading or building on the site. "Draft Environmental Impact Report for the -Pointe at Point Happy Ranch," prepared by Impact Sciences, September 2001. �.. -11- 0 2. A three person committee shall be formed, consisting of a representative of the Homeowners' Association (HOA), a representative of the California Department of Fish and Game (CDFG), and the Community Development Director. The purpose of the committee shall be to assess the need for a fence/wall to keep _ Peninsular Bighorn Sheep from entering the project site. The committee shall monitor sheep activity through various means, including interviews with residents and visitors, and any available scientific data available and/or funded by the HOA. If bighorn sheep are seen on the project site, the committee shall require that the HOA, at its expense, construct an 8-foot fence along the -property line between the project and the hillside. Gaps in the fence should be 11 centimeters or less. At the request of CDFG, temporary fencing may be required. between the - time that sheep are seen on the site and the time that permanent fencing is required. The committee shall exist for a period of 10 years, unless bighorn sheep are documented to no longer inhabit the Santa Rosa Mountains. At the end of ten• (10) years, if any one member of the committee deems it necessary for the committee to continue, it shall do so until such time that it is dissolved by a unanimous vote of all its members. 3. The project applicant shall either provide an easement to the City, or evidence of dedication to a non-profit organization, to be approved by the City prior to recordation of the final map, ensuring that the preservation of lot 73 as open space in perpetuity. The lot shall also be a lettered lot on the Final Tract Map. 4. Blasting and pile -driving, or other excessively loud construction activity, shall be . prohibited from January 1 through June 30 of each year. 5. All lighting on the project site shall be directed away from the hillsides. The - project CC&Rs shall include this prohibition for individual homeowners. 6. Plants toxic to bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. 7. The CC&Rs for the project shall prohibit dogs from running loose in the project site. 8. The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. 9. Prior to the issuance of grading permits, the applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted to the Community Development Department for review and approval. 0202 -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? ("A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. Al., March, 2001.) b) Cause a substantial adverse change in X the significance of an.. archaeological resource pursuant to '15064.5? "A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) 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? ("A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) V. a), b) & d) A cultural resource study was completed for the previous project proposed for this site2, and revised at the direction of the Historic Preservation Committee. The study found that the site is a potentially important historical resource, insofar as it has been in operation since the early 1920s. Potential resources on the site include residential and farm structures, orchards and roads. All these were studied for the report, and recommendations made as to their -significance and disposition. The study found that the site is subject to important potential oral history for the City and region. The study, • further found that the structures on the site had limited or no historic value, primarily due to significant alterations. The study did not, however, provide criteria for qualification as a National Register structure. Finally, the study found that buried cultural deposits could occur, and that site monitoring is warranted during earth moving activities. The development of the residential project will have fewer impacts than that previously proposed, however, the impacts to cultural resources will be similar, and must therefore be mitigated, as described below: 1. Prior to issuance of the first certificate of Occupancy for the site, the project proponent shall submit an Oral History to the Community Development Department and La Quinta Historical Society. The oral history shall be prepared in accordance with the City's and the Society's standards for such documents. 2 "A Phase I Cultural Resources Investigation of the Point Happy Ranch...," prepared by McKenna et. al., March, 2001, updated October 2003. -13- - 023 V. c) 2. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of its historical context, including but not limited to, its relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources - Report shall be completed prior to issuance of Certificate of Occupancy and be considered independently by the Historic Preservation Committee at a future date. 3. The applicant shall prepare a technical report on* the eligibility criteria for National Register. 4. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to City prior to issuance of first earth -moving or clearing permit. A final - mitigation monitoring report shall be submitted to the Historic Preservation Committee prior to the issuance of a building permit for the first production home for the project. 5. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, ' primary research data, and the original graphics. The proposed site occurs outside the boundaries of ancient lake Cahuilla, and is therefore - not expected to contain any paleontologic resources. -14- V`t 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 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 project site is located in a Zone IV groundshaking zone. The City and project site will be subject to significant ground shaking in the event of significant seismic activity. The City Building Department has implemented California Building Codes, which are intended to lower the potential impacts associated with groundshaking to less than -15- Q `� J ti significant levels. In addition, no critical facilities will be built at the site, rather single family residences are the only structures planned. These structures will be required to implement the most recent building codes in place at the time ofconstruction. Impacts, associated with groundshaking are expected to be less than significant. VI. a) ii) The site has the potential to be susceptible to rockfall due to its proximity to the slopes of the- Santa Rosa- mountains. The City Engineer requires the preparation of on -site geotechnical studies prior to the issuance of grading permits. However, this analysis generally does not include rockfall susceptibility. In order to assure that the homes proposed for the site are not subject to these potential impacts, the following mitigation. measure shall be implemented. 1. As part of the site -specific geotechnical- analysis required for the project with submittal of building plans, the project geologist shall include an analysis of the surrounding steep hillsides, and shall make recommendations about the stability of these hillsides in his report, including slope modifications required to assure that roackfall will not impact project residences. The reportshall be reviewed and approved by the City Engineer prior to the issuance of grading permits. -16- 02 6� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the 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) h) Expose people or structures to a X _17_ 027 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 72 single family residences and, one open space lot. No concentration of hazardous materials is expected in these homes. The City implements household hazardous waste programs through its solid waste franchisee. The site is not located within the vicinity of an airport or airstrip, nor is it - subject to wildland fires. :) �. 028 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIIL HYDROLOGY AND WATER UALITY =- 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? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) 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? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) 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? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) f) Place housing within a 100-year flood X hazard area as ma ed on a federal Flood ►�- ,, 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) VIII. a) & b) The construction of 72 homes and, one open space lot, 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 homes. 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. VIII. c) & d) A hydrology study was prepared for the proposed project3. The proposed project will be responsible for the drainage of on and off site flows. Because of the site's adjacency to the. Santa Rosa mountains, flows from the slopes must be accommodated within the project. The hydrology design includes a combination of surface drains and underground pipes, leading either to an on -site retention basin, or to a City drainage pipe which occurs in Washington Street. These improvements will be reviewed and approved by the City Engineer to ensure that the City's standards for on -site retention of 100 year storm events are adhered to. Conformance with these standards will ensure potential impacts are lowered to a less than significant level. VIII. e)-g) The construction of 72 homes and, one .open space lot, 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. "The Estates at Point Happy Hydrology and Hydraulics Report," prepared by MDS Consulting, July, 2003. -20- 030 r_ 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 project site occurs adjacent to existing single family development on its southern boundary. The proposed project will continue this type of development by constructing single family homes. The proposed General Plan Amendment and Zone Change will extend an area of Low Density Residential further to the north. The site is located adjacent to neighborhood commercial development, thereby facilitating easy access to the services required by residents. The change in General Plan and Zoning designations will lower overall impacts on the site, and provide an added opportunity for the provision of a variety of housing types in the City. Impacts of the change in land use designations is . expected to be insignificant. 031 -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. -22- 43 032 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. i i l 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), c) & d) The proposed project is in an area of the City where ambient noise levels are high, and are currently estimated at 76.1 dBA CNEL at 100 feet from the centerline of Washington Street, north of Highland Palms Drive. Further analysis performed for the previous project on this site indicated that 2020 noise levels will reach 77.3 dBA CNEL4. Noise levels on lots not fronting on Washington Street are not expected to exceed City standards, due to their distance from the roadway, and intervening structures. 4 Analysis performed by Impact Sciences for "Draft EIR for the Point Happy Ranch, September 2001. -23- 033 There are two potential noise impacts associated with project development noise . generated by the project and impacting surrounding development; and noise generated by . other sources and impacting the project site. These are discussed individually below. The proposed project will result in the construction of 72 homes and, one open space lot, -on 37.72 acres. Residential land uses are not significant noise generators, and are not expected to significantly impact the noise environment in this area. Noise generated during the construction process, however, has the potential. to impact the residential land uses to the south of the proposed project site, both along Washington Street and along Crestview Terrace. Although noise impacts associated with construction will be periodic and of short duration, it can be an annoyance and irritant to adjacent residents. In order to reduce potential impacts associated with construction activities as they relate to these residences, mitigation measures have been included below. The proposed residential development is considered a sensitive receptor, and noise levels in the outdoor areas of the homes, including back yards, may not exceed 65 dBA CNEL, in order to meet General Plan standards. ` The half -width of Washington Street at buildout is expected to be 66 feet (Augmented Major Arterial Roadway Classification in the General Plan). The project proposes a .landscaped setback of 20 feet. This will result in backyards at a distance of 86 feet from the centerline. Without mitigation, noise levels in the back yards of lots 9 through 13 will be over 77 dBA CNEL at buildout, and over 76 dBA at construction. The project. proponent has included a proposed perimeter wall in the project plan. Noise levels can be attenuated from 10 to 20 dBA by the construction of a 6 foot wall. Added attenuation can also be achieved through the construction of walls on berms, because the berms absorb noise impacts. It is important to note, however, that the effectiveness of the noise barrier is directly related to its structure. A wall with any type of break, including decorative fencing; entry gate, etc., has almost no effect. It can be inferred that the noise barrier proposed will attenuate noise to 57 to 67 dBA at a height of 6 feet. In order to assure that the attenuation meets the City's noise standard, a mitigation measure has been added which also requires the addition of a 1 to 2 foot berm. Because of the entry gates adjacent to lots 11 and 12, additional mitigation measures are required to ensure that noise levels remain at City standards in their side yard areas, since the gates will represent a break in. the sound wall. This has also been provided below. These mitigations measures will reduce noise levels at the street -side lots to City standards. 1. All internal combustion equipment operating on the site shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the southwestern quarter of the site, as far away from existing homes and the surrounding hillsides as possible. 3. Construction activities shall be limited to the hours prescribed in the La •Quinta Municipal Code. 4. A six foot wall shall be constructed on all sides of the property, except along the western boundary. . 034 -24- • 5. A six foot wall, constructed on top of a varying berm of 1 to 2 feet in height, shall be constructed on the frontage on Washington Street. The wall shall be entirely of solid construction, with no breaks or "daylight" openings. The wall and berm shall be continued to the front yard setback line on the north boundary of lot 1 i and the south boundary of lot 12. There shall be no breaks in the wall, from the front setback line to the connection with the wall on Washington Street. _ 6. _ . _.._ Only single story homes shall be permittedon-lots. 7. The pad elevations on lots 9 through 14 shall be 72 feet or less, so ' as to limit exposure on Washington Street. XI. b), e)-f) Residential land use will not generate ground borne vibrations. The project is not located in the vicinity of either an airport of airstrip. -25- 546 035 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 72 homes (and one open space lot), which are likely to generate about 173 residents. This increase in population is not significant, and is consistent with projected growth in the City. No impacts are expected to population and housing. `� t� ►-t 036 -26- Potentially Less Than Less Than No • Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) 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 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. Impacts to parks will be limited, given the buildout population of 173 for the site. -27- �. n 037 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 prof ect 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) Some private open space will be provided within the project site, in the form of retention areas and public open space. The proposed residential lots will be of sufficient size to allow on -site recreational facilities. The proposed project will also be included in the City's planning for new parks once constructed. ors _28_ Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TR.ANSPORTATION/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) Traffic analyses have been completed for the project site for both the previously proposed commercial project, and the analysis contained in the General Plan EIR . In addition, a review of the traffic analysis was conducted for the currently proposed project6. The first two analyses focused on the land uses currently allowed on the property, including 5 "The Pointe at Point Happy Ranch Traffic Impact Analysis," prepared by Urban Crossroads, March, 2001; General R- � Plan Envirorunental Impact Report, City of La Quinta, March, 2002. 6 Letter Report prepared by Weston Pringle & Associates, signed Weston Pringle, P.E.; March 18, 2003. -29- 039 Community Commercial, Medium and Low Density residential. The last analysis, performed for the proposed project, focused on analysis of the proposed project. The previously completed analysis, for the commercial proposal, resulted in a daily trip generation of 5,715 ADT. The currently proposed project results in daily trips totaling 795 ADT, or a reduction in overall trips of 4,920 ADT. The intersection -of highway 11 and Washington Street is expected to operate at Level of Service D at General Plan buildout. Although this level of service is acceptable, the proposed project will relieve traffic pressures at this critical intersection, and must therefore be considered a beneficial impact on the region's traffic and circulation. The access to the site on Washington Street will be restricted to right turn only. Westbound traffic on Crestview Terrace at the intersection of . Crestview Terrace and Highland Palms Drive will be restricted to left turn only (southbound) since there will be - a gate northbound into the project. U-turns will be available for those wishing to change direction at the intersection of Highland Palms Drive/Washington Street and Washington Street/Highway 111, which are both signalized intersections. The internal design of the site calls for entry gates at both entry points. The entry gates on Washington Street will provide a stacking distance of over 90 feet, which exceeds the City's standards for stacking distances. Parking will be provided on -lot, as required in the Municipal Code. Bus stops are provided immediately north and south of the project site, and will be available to project residents. J � � 04 A -30- 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? (Gendral 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 will be considerably decreased by implementation of the proposed project, and impacts will therefore be less than those analysed in the General Plan EIR. All utilities charge a fee for connection and -31041. - service, which will be payed by the developer or homeowner when the. project is constructed. These fees are designed to recoup costs for the provision of services by the individual providers. No significant impacts associated with utilities are expected as. a result of the proposed project. -32- 04 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 adjacent to critical habitat for the bighorn sheep, and may provide nesting habitat for birds subject to the protections of the Migratory Bird Act. Mitigation measures have been included in this document which will reduce these potential impacts to less than significant levels. The site has potential significance from a historic perspective, and may harbor prehistoric materials. Mitigation measures have been included in this document which will reduce potential impacts to less than significant levels. XVII.b) The proposed project and associated land use amendments will improve traffic conditions at a critical intersection, and will reduce land use impacts to neighboring residents by limiting development to single family residences. The project is compatible with the General Plan and increases the City's housing stock. 1 t� �- 043. -33- XVIL. c) The project will not have considerable cumulative impacts, and will not exceed those impacts identified in the General Plan EIR for this area of the City, or the City as a whole. XVII. d) The proposed project has the potential to adversely affect human beings, due to air -- quality and noise -impacts.. Since the Coachella Valley is in a non -attainment area for PM10, which can cause negative health effects, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality to a less than significant level. Noise impacts have been mitigated through the installation of walls and. the restriction of building heights in sensitive or potentially sensitive areas. Impacts have been reduced to a less than significant level.. 444 -34- E � O a� c U w o ; � � C o 0 ��V E o o o o °a� co W o cd U C) > A I I I Viz.. W 0 ��U O ��a a aka O u M Rf O C ^ O o 4E-+0 o w�tW) A C � p Qcd C)I�� ..H ..z a04 h�M H� a d � A V W A F A U p�q �A a� O� UU Q " a� y0 U cd U U ao Cd o, U aka r°.3C)s �N>Gn vV,� rig rn 5 to b G7 0 0 ° .�y o I V V Ci U �d to00 •d 'd � � � Go �b � i U U . O� U V • O �•+ Ob �a �w yw� a Op a a A A A A A c to bo U U U Gil W W W Gta A O O � w o W c ° cr 3b 0 3 0bo v 10 � cy b 11 ^ U 0 cd c �_ � U 0 o o cwn c.w o C�� F d . 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A Q W H pq � GA al P� GQ 3 U a o o c g b s �° V1 Z o ¢, O ti rACon bQ U 048 RESOLUTION 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,-CALIFORNIA, APPROVING A GENERAL .PLAN AMENDMENT TO CHANGE LAND USE DESIGNATIONS FROM COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY RESIDENTIAL (MDR) TO LOW DENSITY RESIDENTIAL (LDR) CASE NO.: GENERAL PLAN AMENDMENT 2003-094 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18" day of November, and on the 16" day of December, 2003, hold a duly noticed Public Hearing to consider General Plan Amendment 03- 094 to change land use designations from Community Commercial and Medium Density Residential to Low Density Residential, generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of September, and on the 28" day of October, 2003, hold a duly noticed Public Hearing to consider General Plan Amendment 03-094 to change land use designations from Community Commercial and Medium Density Residential to Low Density Residential; and, WHEREAS, said General Plan Amendment 2003-094 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than. significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings of approval to recommend to the City Council approval of said General Plan Amendment: r- /1 64 City Council Resolution 03- General Plan Amendment 03-094 Madison Development, LLC December 16, 2003 1. Internal General Plan Consistency: The proposed General Plan Amendment is internally consistent with the goals, objectives and policies of the General Plan in that the Amendment will provide for continued single-family development adjacent to existing single-family development. 2. Public Welfare: Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes will be less intensive and consistent with existing land uses in the immediate area south of the site. 3. General Plan Compatibility: The proposed project will be compatible with existing and surrounding land uses in that it is consistent with development in the immediate area and consistent with the City of La Quinta General Plan. 4. Property Suitability: The proposed project will be suitable and appropriate for the property and adjacent properties in that it will be consistent with the permitted uses in neighboring communities and in accordance with the Zoning Code and goals, objectives and policies of the City of La Quinta General Plan. Urban services are currently accessible to the site which, would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the proposed project is warranted because the land has been determined to be suitable for residential development. The change in land use from commercial to residential development is also warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. 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; and CC RESO GPA 03 094 050 City Council Resolution 03- General Plan Amendment 03-094 Madison Development, LLC December 16, 2003 2. That it does hereby approve General Plan Amendment 2003-094, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 161.h day of December, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) CC RESO GPA 03 094 051. City Council Resolution 03- General Plan Amendment 03-094 Madison Development, LLC December 16, 2003 APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California 052 CC RESO GPA 03 094 EXHIBIT A' PARCEL MAP V028 P.M.B. U14/47-41) L4 J-4 ll If III OD 1::: 1 "It ct) If C'r) J ui (L zfill I I III IIIIIII 2 11 fill .j < V) 11111111 fill ui LLJ Z < fill ll:.::l I IIIIIIIII If I I I I I I I I I I I ,/ I I I I I I I I I I I C 11 If fill] l l /� 1 1: fill I'I'I'1'1'I'I'I'I'I'I'I'I'1'I'1'Iil'I'I %i'/ ! �/ EXISTM TRACT 2t17 M 9 hmW - ; I . OMM PAUM MW val ICE!> 0 z (ZY) ca" rK P LACE 4C) uu FZAIIIAOO, PALM GAFWM I Ig PLACE I.w if 05 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY RESIDENTIAL (RM) TO LOW DENSITY RESIDENTIAL (RL) CASE NO.: ZONE CHANGE 2003-115 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 181h day of November, and on the 16h day of December, 2003, hold a duly noticed Public Hearing to consider Zone 03-115 to change zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of September, and on the 28" day of October, 2003, hold a duly noticed Public Hearing to consider Zone 03-115 to change zoning designations from Community Commercial and Medium Density Residential to Low Density Residential; and, WHEREAS, said Zone Change 2003-115 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), -in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project to reduce impact to less than significant levels; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard., City Council did make the following mandatory findings to approve said Zone Change: 1. Consistency with the General Plan: The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will provide for continued single-family development adjacent to existing single-family development. CC ORD ZC 03 115 054 R" � J 15 City Council Ordinance No. 03- Zone Change 03-115 Madison Development, LLC December 16, 2003 2. Public Welfare: Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes are less intense and consistent with existing land uses south of the site in the immediate area. 3. Land Use Compatibility: The new zoning will be compatible with existing and surrounding zoning designations in that it will be consistent with development in the immediate area and the City of La Quinta General Plan, as amended. 4. Property Suitability: The new zoning designation will be suitable and appropriate for the subject property in that it will be consistent with the permitted uses in the immediate area and in accordance with the Zoning Code. Urban services are currently accessible to the area, which would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the new zoning is warranted because the land has been determined to be suitable for residential development. The change in zoning from commercial to residential development is also warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. 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; and 2. That it does hereby approve Zone Change 2003-115, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16' day of December, 2003, by the following vote, to wit: CC ORD ZC 03 115 F. , 055 City Council Ordinance No. 03- Zone Change 03-115 Madison Development, LLC December 16, 2003 AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California CC ORD ZC 03 115 056 EXHIBIT A Illfiflllfi I I I I i l l'Itl�l+l�.l.'I I.IIIIiIl.11lil ,/ /!/ iI111111111I111 � � , / Ill Ilili l.l 111 / i Illlllllllllll � /� / I IIilllillllllll 11 1 1 1 II Irl,l I l lllill��><Illlllll // PARCEL MAP V02P P.ME. 124/47-40 II I I �� I I I I I I Y // ••/ IIIIII It Iifllll IIIIII y i / �'• r'llllllllllllll III1111111 /:; - ;;'. I I I I I 11 I I I I I I I I I /�; '• •, ;; I I I II II II I i l I I 1 1 I 1 1 1 I 1 I1 I t 1 1 I 1 1 q I I flflflllflilflflftflflflftfiflflf,ff �•// .% `./ . 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EXLSTMY,, TRACT 21i7 I� I / V / \\ n. I n r I C• I na I C1 i l r"> \ MOM PALMS MTA% I I i I I i / •� I 2 0 st lor PLACE uu I \ I i PALM OAIDEN I Ij �' \ PLC ` I I a 1 I at • 1057 , RESOLUTION 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 31348 TO SUBDIVIDE ± 37.72 ACRES INTO 73 LOTS CASE NO.: TENTATIVE TRACT MAP 31348 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18" day of November, and on the 16' day of December, 2003, hold a duly noticed Public Hearing to consider Tentative Tract Map 31348 to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23d day of September, and on the 28" day of October, 2003, hold a duly noticed Public Hearing to consider consider Tentative Tract Map 31348 to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot); and, WHEREAS, said Tentative Tract Map 31348 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 31348: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property will be designated Low Density Residential (LDR) and Open Space (OS) which, allows single family residential uses and natural open space. 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the t CC RESO TTM 31348 058 City Council Resolution 03- Tentative Tract Map 31348 Madison Development, LLC December 16, 2003 proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the single-family lots will be provided from existing streets in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division and currently, development exists to the north, east, and south of the site which has reduced the amount of habitat suitable for any fish or wildlife. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. 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 Tentative Tract Map; 2. That it does hereby approve Tentative Tract Map 31348 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16t' day of December, 2003, by the following vote, to wit: CC RESO TTM 31348 059 �' City Council Resolution 03- Tentative Tract Map 31348 Madison Development, LLC December 16, 2003 AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CC RESO TTM 31348 of CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 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 Tentative Tract Map, 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 Tentative Tract Map, 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 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. 0G11 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 w- -MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 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 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 shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. �. 062 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 -MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 5. 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 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map 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. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street - (Major Augmented Arterial, 132' ROW) - No additional right of way is required for the ultimate developed right of way except for an additional right of way dedication at the primary entry of 4 feet (75 feet from the centerline) running laterally along the east boundary of the tentative tract from the primary entry to its northerly end, to accommodate a deceleration/right turn only lane conditioned under "STREET AND TRAFFIC IMPROVEMENTS." 9. The applicant shall retain for private use on the Final Map all private 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. 10. The private street right-of-ways to be retained for private use required for this development include: '7 4 _f. 063 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 A. PRIVATE STREETS Property line shall be placed at the back of curb. The required right of way shall accommodate the required roadway travel width plus the approved curb and gutter design. Use of smooth curves instead of angular lines at property lines is recommended. 1) Lot B and C - Private Residential Streets measured from gutter flow line to gutter flow line shall have a 36-foot travel width except at the entry drives. B. CUL DE SACS 1) The cul-de-sac shall conform to the shape shown on the tentative map with 38-foot curb radius at the bulb or larger, using a smooth curve. instead of angular lines similar to the layout shown on the tentative map. 11. 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. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract 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. 13. 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. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street (Major Arterial) -.20-foot from the R/W-P/L. CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT ,MAP 31348 -MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 The listed setback depth shall be the average depth where a meandering wall design is approved. 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. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Washington Street from lots with frontage along Washington Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. 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. 18. 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 Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. 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 standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. ,)76 065 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 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. 20. 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. 21. 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. A. On -Site Street Plan: 1 " 40' Horizontal, 1 " = 40' Vertical B. On -Site Rough Grading/Drainage Plan 1 " = 40' 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. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. r h CC C OA TTM 31348 066 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 22. 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. 23. 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 24. 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. 25. 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. 26. 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. ►- i 7 ! l3 0 G', CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MAQISON DEVELOPMENT, LLC DECEMBER 16, 2003 27. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 28. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 1 1" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. 068 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL -RECOMMENDED TENTATIVE TRACT MAP 31348 -MADISON DEVELOPMENT,- LLC DECEMBER 16, 2003 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 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 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. 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. 31. 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. 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 CC COA TTM 31348 O G 9 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 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. 32. 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. 33. 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 (ie 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 (1.5") in the first eighteen inches (18") behind the curb. 34. 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. 35. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. CC COA TTM 31348 581 070 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. 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 Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. 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. Each pad certification shall list , the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 39. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant. shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. CC COA TTM 31348 071. CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON- DEVELOPMENT, LLC DECEMBER 16, 2003 DRAINAGE 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 42. The applicant shall discharge storm water not retained in the proposed retention basin drainage system from on -site, and off -site tributary area assigned to the development site, into the existing storm drain located in Washington Street. The applicant shall pay a prorated share of cost to design and install the storm drain. The prorated share shall be calculated on the basis on the percentage of the capacity of the existing storm drain system utilized by the development's storm water. The applicant's designer shall submit a hydrology report and calculations of the abovementioned capacity usage with the rough grading plan application. 43. 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. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. Stormwater may not be retained, in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback -and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 072 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 'MADISON -DEVELOPMENT, LLC DECEMBER 16, 2003 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of storm drain and retention basin capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 49. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to 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 tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 51. 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. �) 8 4 CC COA TTM 31348 073 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 52. 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. 53. 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 54. 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. 55. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (MajorAugmented Arterial; 132' R/W): No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary is required except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the Washington Street Primary Entry. The west curb face shall be located sixty two feet (62') west of the centerline and shall accommodate an 074 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 1 1-foot wide by 115-foot long (including taper) deceleration lane. Other required improvements in the Washington Street right of way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. c) 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 wail at intervals not to exceed 250 feet. 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). B. PRIVATE STREETS 1) Lot B and C - Construct full 36-foot wide travel width improvements within a 37-foot right-of-way where the residential streets are double loaded, except at the entry drive areas. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. CC COA TTM 31348 075 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON-DEVELOPMENT, LLC DECEMBER 16, 2003 D. GATED ENTRY DRIVES 1) Primary Entry (Washington Street) a) The gated main entry on Washington Street shall provide for a minimum of two -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. b) The applicant shall submit a detailed exhibit at a scale of ill = 10, demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around back out onto the main street from the gated entry. c) Two lanes of traffic shall be provided on the entry side of the gated entry, one lane shall be dedicated for residents, and one lane for visitors. 2) Secondary Entry (Highland Palms Drive) a) The gated main entry on Highland Palms Drive shall be for resident's entry only. The applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a "U" Turn back out onto the Highland Palms Drive from the gated entry. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 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 be as follows: Residential 3.0" a.c./4.5" c.a.b. CC COA TTM 31348 J u 076 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 or the approved equivalents of alternate materials. 56. 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. 57. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn in, right turn out. Left turn in and left turn out movements are restricted. 58. 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. 59. 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 60. 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 ten percent of homes within the development or when directed by the City, whichever comes first. CC COA TTM 31348 583 0'7'7 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 62. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 64. 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. 65. 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 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 58 J 078 CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 WADISON DEVELOPMENT, LLC DECEMBER 16, 2003 68. 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. 69. 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. 70. 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 -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. 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 73. 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. CC COA TTM 31348 079 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 74. 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). 75. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. COMMUNITY DEVELOPMENT DEPARTMENT 76. Prior to the issuance of the first Certificate of Occupancy for the site, the project proponent shall submit an Oral History to the Community Development Department and La Quinta Historical Society. The oral report shall be prepared in accordance with the City's and the Society's standards for such documents. 77. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of it's historical context, including but not limited to, it's relationship to the Bradshaw Trail, the stagecoach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources Report shall be completed prior to issuance of Certificate of Occupancy and be considered independently by the Historic Preservation Commission at a future date. 78. The applicant shall prepare a technical report on the site's eligibility for the National Register of Historic Places. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to City prior to issuance of first earth -moving or clearing permit. A final mitigation monitoring report shall be submitted to the Historic Preservation Commission prior to the issuance of a building permit for the first production home for the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and CC COA TTM 31348 080 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 81. The applicant shall design new gates, similar to the existing gates, and incorporate the name "Point Happy Ranch" into the gates. The applicant shall place a plaque on, or near the gates, commemorating the site and it's relationship to the region. 82. The applicant shall name most streets within the development after individuals historically associated with the property. 83. Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird Act are nesting on the property. Should such nests be identified, buffer areas in conformance with the Act, no less than 50 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest. The required field survey shall be submitted to the Community Development Department for review and approval prior to the issuance of the first permit for demolition, grubbing, grading or building on the site 84. A three person committee shall be formed, consisting of a representative of the Homeowners' Association (HOA), a representative of the California Department of Fish and Game (CDFG), and the Community Development Director. The purpose of the committee shall be to assess the need for a fence/wall to keep Peninsular Bighorn Sheep from entering the project site. The committee shall monitor sheep activity through various means, including interviews with residents and visitors, and any available scientific data available and/or funded by the HOA. If bighorn sheep are seen on the project site, the committee shall require that the HOA, at its expense, construct an 8-foot fence along the property line between the project and the hillside. Gaps in the fence should be 11 centimeters or less. At the request of CDFG, temporary fencing may be required between the time that sheep are seen on the site and the time that permanent fencing is required. The committee shall exist for a period of 10 years, unless bighorn sheep are documented to no longer inhabit the Santa Rosa Mountains. At the end of ten (10) years, if 7-90 ♦1 N 081. CC COA TTM 31348 CITY COUNCIL RESOLUTION 03- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 MADISON DEVELOPMENT, LLC DECEMBER 16, 2003 any one member of the committee deems it necessary for the committee to continue, it shall do so until such time that it is dissolved by a unanimous vote of all its members. 85. The project applicant shall either provide an easement to the City, or evidence of dedication to a non-profit organization, to be approved by the City prior to recordation of the final map, ensuring that the preservation of Lot 73 shall be open space in perpetuity." The lot shall also be a lettered lot on the Final Tract Map. 86. Blasting and pile -driving, or other excessively loud construction activity, shall be prohibited from January 1 through June 30 of each year. 87. All lighting on the project site shall be directed away from the hillsides. The project CC&Rs shall include this prohibition for individual homeowners. 88. Plants toxic to Bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. 89. The CC&Rs for the project shall prohibit dogs from running loose in the project site. 90. All housing units on the property shall be restricted to a single -story. 91. The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. 92. Prior to the issuance of grading permits, the applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted to the Community Development Department for review and approval. c O 3 CC COA TTM 31348 ATTACHMENT 1 PROJECT SITE - VICINITY MAP NOT TO SCALE AVENUE AVENUE Oil 083 ATTACHMENT 2 PARCEL MAP Vn-2B 14/47 FMB. 12 -40 I it I I Tit 1, 1 ly X': IX 1:: OD lilt I I cf) Tm fit IX 'I I z cl) CLUJ 0 111 < : ,I: z < olll IIIIIIIIII W I LU < Ill- 10 0 1 I I I 1 I 1 I I 1 I 1 1 1 I 1 I I la: 111111111Y111111111111 /' I t l l l l l l l l l i l :11l I I I I I 1 1 1 1 1 1 1 1 1 1 I !;III 11111fillf lilt 1111Y111111 11111111111 111 111111 1 III,IIIIIIIIIIIItllllllll,l�lllllll /,� tW3,',4r( IS? 31• EXISTM TRACT 21-177 I to F�G,a u!l 0, 4C =am PALMS OprIot IY 0 PLACE SAM P LACE - uu - - - - - - -- - - j TF, PALMS PLACE 'woo aY I � 084 TOV-W& - -r - - pl- ATTACHMENT 3 PARCEL MAP V02B pAE, 124/47-40 lo Wit I I I I I I 4L 10 OD t WMI 111 11 1 lilt IIIIIIIIII 0 fill 11111111 11:11111111111111111111 11 1 1 1 If I if IIIIII till IIIIIIIIIII:f"I U. z III I lll::::Illlllf to lilt I 0. it lilt IIIII.Al I IN I 11111 131, (1):: it 11:11 W < 11 lilt '11 < lilt till]] lilt fill I l II 1 1 1 1 l , :IIIi1IIIII IIf I i ,I I I I I I I I I I 1 1 I.1 I I /j l // , f It III -I fill Illtllt,IliIlt IIIIIIIIII I lilt lilt I xll II 1 1: IIX 10 EXISSTW7 TRACT "1171 71 PALM Gflfrlgr_�_ MACE lop-A0 85 ATTACHMENT 5 4 �a�w MEMORANDUM TO: Jerry Herman, Community Development Director FROM: 16imoth Jonasson Public Works Director/CityEngineer DATE: December 11, 2003 RE: Point Happy Ranch, Tentative Tract 31148 Engineering staff has worked with the developer of the subject development and have identified three (3) additional access alternatives for City Council consideration. The access alternatives, or options, are as follows: Option 1 — The Original Proposal: Access driveway to tract is centered in tract frontage on Washington Street with a 100-foot long deceleration lane. Option 2 — Access driveway to tract is taken from a newly reconfigured intersection where Singing Palms Drive intersects Washington Street with a 200 foot long deceleration lane and a traffic signal. Option 3 — Access driveway to tract is taken from a reconfigured frontage road alignment near the southerly portion of tract frontage on Washington Street with a 200- foot long deceleration lane. Option 4 — Access driveway to tract is taken from a reconfigured/combined access road to Plaza La Quinta with a 150-foot deceleration lane. Recommended Option From a traffic circulation and traffic safety perspective, all three of the newly identified alternatives are considered better than the original access alternative presented by the developer, but Option #2 solves more traffic circulation and traffic safety issues than the other options. As is typically the case, the best costs the most. Staff estimates that Option #2 will cost approximately $1,000,000 more than Option #1 which was the developer's original proposal. Additionally, in order to implement Option #2, a General Plan Amendment will have to be adopted allowing a signalized intersection to be placed 920 feet south of Highway 111, instead of the current spacing allowed by the General Plan which is 1,060 feet. Staff considers this option to be superior because the City is making signal coordination improvements to the signals on Washington between Miles Avenue and Avenue 47. r 087 TAPROJECT DEVELOPMENT DIVISIOMDEVELOPMENT PROJECTS%COA & CORRESPONDENCSTRACT MAPS131348%RECOMMENDATION.DOC It should also be noted that Option#2 will take longer to implement than the other options, approximately six (6) month longer than Option#1. Two properties with homes would have to be acquired by the developer in order to implement this option. This would involve negotiations, buying the homes, and relocation of the existing residents. If the residents were unwilling to sell their homes voluntarily, the City could consider exercising the right of eminent domain, since the area at issue would become a public street. The proposed Conditions of Approval must place all burdens of the acquisition on the developer. The City would want the developer to execute an agreement similar to the one used for the extension of La Quinta Drive ensuring that the City would bear no expense as a result of the acquisition. If the developer is unable to acquire the property via good faith negotiation, the City Council will consider eminent domain proceedings at the developer's expense. However, the City may not commit to exercising eminent domain. The Council would make that determination only after completing several procedural steps and deciding whether or not to adopt a Resolution of Necessity. If the City Council declines to exercise its powers of eminent domain, the developer is by state law relieved of the requirement to construct the off -site improvement, and is allowed to proceed with a "default" alternative. Thus, it is important to identify a default alternative that would become effective if the property needed for the roadway is not acquired within the required time set forth in the Subdivision Map Act. The Default Alternative (requires no property to be acquired) Engineering staff considers Option#3 to be the second best alternative. It provides improved traffic safety compared to Option#1, the original proposal, but does not provide the quality of traffic circulation that Option#2, the recommended option, provides. Option #3, the default option, forces all Point Happy Ranch residents exiting the Washington Street access to turn right on the frontage road and proceed south to Highland Palms Drive where the residents can then gain direct access to Washington Street at that signalized intersection. Attachments: 1. Option#1 2. Option #2 3. Option #3 4. Option #4 5. 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(U p� ca c C o O .c0 EE 0 a An O Uccc 03 =E .- N 091. l'-•-ate 9 I» 1 .0 1 a I • I^ I I I I I I I I I I I I I I I I I I I I 092 I w !i • I " 1 10 1 - I ' I '*' I «k 1l I � I I i r I I I I I �, I ----- I i I 0 fi a a I a I » I a :O S i lol1 0 I w « M r a • � � r ate \ I I I / a — \ p / I IL I I I I 1 094 L ......... . all fill 095 ATTACH MENT 6 2 ko 03 h ,f Ck ILI 096 Li `l e0 PC,- t r L-(A- �clz-lw f 11 - l�Tt0/J- ,1 097 12/10/2003 02:36 7605646208 BRODT PAGE 01 Caren Brodt Dec. 11, 2003. 7"95 Singing Paints Drive. - La Quints, CA 92253 Jerry Hemm: Director of Community Developmwnt Department Timothy Jonasson: Director of Public Wort Mayor Don Adolph La Qulnta City Council Deer Sirs: As a long tints homeowner In the quiet, beautiful and secluded neighborhood south of Point Happy Ranch, I must voice my concerns In the light of the negative impact I foresee on our community In view of the proposed b a fight at the and of our street. At the April U. 2N3 meeting, the developer stated his desire for a signal tight to be installed at the end of Singing Palm: Dr., creating an intersection between Singing Palms Dr., Washington St., and Simon Dr. Madison Development seems to consider this a necessary aspect of their project. We as citizens of La Quanta, for over 12 years, feel that a light Installed at this juncture will cause an Irreparable impact on our quiet neighborhood. I anticipate the foilowirM probable impact: Gridlock. batween proposed new intersection and Hwy. 11.1 Increase of 6411c funneling into our currently secluded neighborhood may eause these reit ts: Likely increase in crime due to direct conduit created between our small neighborhood and Hwy 111 and Washington Could make streets unsafe for our children and pets May accelerate wear and tear of our streets Possible decrease property values Diminished quality of life for our residents We are asking you as our city representatives, to seriously consider our concerns and our desire to keep our neighborhood safe and secluded. I consider this to be 098 12/10/2003 02:36 7605646208 BRODT PAGE 02 an exceptional neighborl ood, one for which It would behoove the community of La Quinta to protect and preserve for Ita historic, aest#Wic. and ecological value. if the proposed two c light Is deemed necessary by the city and local developers, and we have no choice in the matter, we would ask you to seriously consider the option of a gate at the end of our street. Because of fire and police requirements, we know that the gate would require emergency access, this would be, amenable to us. We appreciate your hard work on our behalf as, you try your best to satisfy the city's needs as it grows and proliferates, both commercially and privately. In our eagerness to expand, let us not overlook the significance of our community as a whole. Thank You for Your Consideration, _ ._ P-dua _.0 Caren & Victor Brodt /; -//- 4oij 099 12/11/2020 08:34 11 1tDit _ PAGE 02 ATTENTION: John & Adeline Hendriks 46-555 Cameo Palms Drive L.aQuinta Ca. 92253 December 11s' 2003 Jerry Herman: Director of Community Development Depart, Timothy Jonasson: Director Of Public Works Mayor Don Adolph LaQuinta City Council Dear Sirs: As a very concerned homeowner in this very quiet, secluded and beautiful neighborhood south of Point Happy, I must voice my concerns regarding the negative impact, that I feel will result from the proposed traffic light at the end of Singing Palms Drive..... I feel this traffic light would create more traffic through our streets..decrease our property values... diminish the quality of life we all enjoy here at present. If this development MUST go through..we request that Singing Palms Drive be closed ot%.completely... and we as residents here continue to use the Highland Street and Washington Street as our egress.....and therefore entrance. The closing of Singing Palms ..with a gate for emergency vehicles is very possible.. Please consider this alternative. Thank You Sincere ... Adeline Hen riks n Hendriks 100