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2004 01 06 CC
e a 4 4 449ba City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 . Regular Meeting Tuesday, January 6, 2004 - 2:00 P.M. Beginning Resolution No. 2004-001 Ordinance No. 398 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MARK WEISS, AND JOHN RUIZ PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS. C City Council Agenda 1 January 6, 2004 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525 ± ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: JOHN FOSTER. 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 LA QUINTA WAL-MART. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 16, 2003. City Council Agenda 2 January 6, 2004 10 4 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 JANUARY 6, 2004. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM LA QUINTA WAL-MART FOR THE ANNUAL COMMUNITY PICNIC AND BIRTHDAY CELEBRATION. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 31248, WALGREENS LA QUINTA, EVERGREEN -AVENUE 48 AND WASHINGTON STREET. 4. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE FISCAL YEAR 2003/2004 TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2003-15 AND APPROPRIATION OF FUNDING. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO ATTEND THE 2004 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) ANNUAL CONFERENCE IN MILWAUKEE, WISCONSIN, JUNE 13-16, 2004. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2004 PLANNERS INSTITUTE IN MONTEREY, CALIFORNIA, MARCH 31 - APRIL 2, 2004. 7. APPROVAL OF A DEVELOPMENT IMPACT FEE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND WASHINGTON 111, LTD TO FUND ADDITIONAL IMPROVEMENTS TO WASHINGTON STREET, AND THE APPROPRIATION OF FUNDS. BUSINESS SESSION 1. CONSIDERATION OF ART PIECE FOR THE EMBASSY SUITES PROJECT. A. MINUTE ORDER ACTION 2. CONSIDERATION OF SELECTION OF CITY COUNCIL COMMITTEES FOR 2004. A. MINUTE ORDER ACTION 3. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. A. MINUTE ORDER ACTION City Council Agenda 3 January 6, 2004 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 396, APPROVING A ZONE CHANGE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL AND GOLF COURSE, MIXED/REGIONAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL, AND TO ELIMINATE THE MAJOR COMMUNITY FACILITY DESIGNATION. A. ADOPT ORDINANCE ON SECOND READING 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 397, 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. A. ADOPT ORDINANCE 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) 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. COMMUNITY SERVICES COMMISSION MINUTES OF OCTOBER 13, 2003 16. CULTURAL ARTS COMMISSION MINUTES OF NOVEMBER 13, 2003 17. INVESTMENT ADVISORY BOARD MINUTES OF NOVEMBER 12, 2003 City Council Agenda 4 January 6, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DIRECTOR'S REPORT - NONE 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - NONE 9. POLICE CHIEF'S MONTHLY REPORT - NONE 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS 1. LA QUINTA HIGH SCHOOL ARTWALL PRESENTATION. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. City Council Agenda 5 January 6, 2004 5 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 RESOLUTIONS AND AN ORDINANCE TO MAKE THE NECESSARY FINDINGS TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-486; GENERAL PLAN AMENDMENT 2003-096 TO REVISE LAND USE DESIGNATIONS FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM HIGH DENSITY RESIDENTIAL; ZONE CHANGE 2003-117 TO REVISE THE ZONING DISTRICT FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM HIGH DENSITY RESIDENTIAL; SPECIFIC PLAN 2003-069 FOR DEVELOPMENT PRINCIPLES AND GUIDELINES FOR 250 COMMON -INTEREST CONDOMINIUM UNITS WITH CLUBHOUSE BUILDING, COMMON POOLS, AND LIGHTED TENNIS COURTS ON 21 ± ACRES; AND TENTATIVE TRACT MAP 31798 FOR AN UNDIVIDED COMMON -INTEREST SUBDIVISION FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. APPLICANT: ROBERT SELAN. 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 special meeting to be held at 9:30 a.m. on January 9, 2004 in the City Council Session Room and to a regularly scheduled meeting of the City Council to be held on January 20, 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. 6 City Council Agenda 6 January 6, 2004 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, January 6, 2004, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Wednesday, December 31, 2003. DATED: Wednesday, December 31, 2003 JUNE S. GREEK, CIVIC, 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 7 January 6, 2004 ------ REQUEST ------------- AT OUR DECEMBER MEETING, MEMBERS OF LA QUINTA POST 855 VETERANS OF FOREIGN WARS VOTED TO HAVE JUDGE ADVOCATE JACQUES ABELS REPRESENT OUR POST AT THE DEDICATION OF THE WORLD WAR II MONUMENT,MAY 29,2004 ON THE MALL, WASHINGTON D.C., MEMBERS OF THE VETERANS OF FOREIGN WARS AND ITS AUXILIARIES CONTRIBUTED OVER $ 61000,000 TO MAKE THIS MONUMENT A REALITY. ON MAY 29TH, 59 YEARS AFTER THE END OF WW II HOSTILITIES THE BRAVE MEN AND WOMEN WHO FOUGHT FOR FREEDOM FOR ALL OF US , WILL FINALLY BE RECOGNIZED WITH THE DEDICATION OF THE MONUMENT. I RESPECTFULLY REQUEST THAT THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF LA QUINTA CONSIDER NAMING JACQUE ABELS AS THEIR OFFICIAL REPRESENTATIVE AT THE WW II MONUMENT DEDICATION CEREMONY. I HAVE SUBMITTED JACQUES BIOGRAPHY ALONG WITH AN INFORMATIONAL LETTER FROM EDWARD S. BANAS SR. , NATIONAL COMMANDER OF THE V.F.W., FOR YOUR INFORMATION, REVIEW AND FURTHER CONSIDERATION. RESPECTFU Y. JOH HG(JA&)FLECK COMMANDER, V.F.W. POST 855 0 JACQUE ABELS BIOGRAPHY * NEW ENGLAND NATIVE * LA QUINTA RESIDENT FOR 30+ YEARS * LA QUINTA CITY PLANNING COMMISSION (10 YRS) * LA QUINTA ROTARY CLUB, PAST PRESIDENT * COACHELLA VALLEY PARKS AND RECREATION DISTRICT, FORMER DIRECTOR * CHARTER COMMANDER, LIFE MEMBER LA QUINTA POST 855, VETERANS OF FOREIGN WARS. * 2003 LA QUINTA SENIOR INSPIRATIONAL AWARD * FAMILY- SON, DAUGHTER, ONE GRANDSON WWII MILITARY SERVICE * 1938 - ENLISTED U.S. NAVAL RESERVE - SEAMAN 2ND CLASS * 1941 - 1946 ORDERED ON ACTIVE DUTY, SAN DIEGO, CALIFORNIA ORDERED TO PEARL HARBOR, THEN TO AUSTRALIA USS PELIAS - SUBMARINE TENDER ( DIVISION 6 SQUADRON) USS THRESHER - SUBMARINE - 5 PATROLS -DUTCH EAST INDIES V6 MIDSHIPMAN SCHOOL,CHICAGO,ILL. COMMISIONED ENSIGN SUBMARINE OFFICERS TRAINING,NEW LONDON,CONN USS SHAD - SUBMARINE , 3 PATROLS - WESTERN PACIFIC, SEA OF JAPAN 1946 - 1955 SERVED IN U.S. NAVAL RESERVE - LT. S.G. 601 VETERANS OF FOREIGN WARS OF THE UNITED STATES Edward S. Banas, Sr. Commander -in -Chief TO: Post Commanders Auxiliary Presidents FROM: Edward S. Banas, Sr., Commander -in -Chief John J. Senk, Jr., Adjutant General They have been called "The Greatest Generation." Let there be no misunderstanding ...their contributions to the world justifiably earned the WWII veterans that title. On May 29, 2004, 59 years after the end of WWII, these citizen soldiers will finally be recognized with the dedication of the WWII Monument on the mall in our nation's capital. The members of the Veterans of Foreign Wars and its Ladies Auxiliary contributed over six (6) million dollars to make the monument a reality. We have been singled out and recognized by the Battle Monuments Commission for our generosity as the third largest contributor to this noble cause. It is only fitting that our organization be well represented at the dedication on May 29, 2004. The Commander -in -Chief and the National President of the Ladies Auxiliary are asking each Post and Auxiliary to sponsor at least one WWII veteran/spouse and/or guest, to attend the dedication. The cost of an airline ticket and housing should average about $1,500 depending on the point of departure. The funds could be raised with a fundraiser designated for this purpose. We suggest a name be drawn or a person designated now so that room and airline reservations can be made as rooms and flights will be at a premium. Should you need assistance in securing a room, we, at National Headquarters, will do our best to assist you. Let's show the world our organization stands behind "The Greatest Generation" and flood the mall with WWII veterans wearing their VFW caps. CC: Department Commanders Department Adjutant/Quartermasters Members of the National Council of Administration 10 * NATIONAL HEADQUARTERS * VFW BUILDING 0 406 WEST 34TH STREET 0 KANSAS CITY, MISSOURI 64111 • AREA CODE 816-756-3390 0 FAX NUMBER 816-968-1157 Schedule of Official Events p r' Official Events are limited to those sponsored by The American Battle Monuments Commission Current: May 29, 2003 Thursday, May 27, 2004 Friday, May 28, 2004 Saturday, May 29, 2004 Sunday, May 30, 2004 11:00 AM — 7:00 PM 11:00 AM — 7:00 PM 11:00 AM — 7:00 PM 11:00 AM — 7:00 PM National WWII Reunion National WWII Reunion National WWII Reunion National WWII Reunion Location: The National Mall Admission: Free and Open to the Public (Tickets not required) Location: The National Mall Admission: Free and Open to the Public (Tickets not required) Location: The National Mall Admission: Free and Open to the Public (Tickets not required) Location: The National Mall Admission: Free and Open to the Public (Tickets not required) Afternoon & Evening 10:00 AM —11:30 AM (Tunes to be announced) Salute to WWII Veterans Memorial Service Location: The MCI Center Location: The Washington Admission: Free and Open to the National Cathedral Public (Tickets required) Admission: To be announced 12:00 PM —1:55 PM Pre -Ceremony Show Location: Memorial Site Admission: To be announced 2:00 PM — 3:30 PM Dedication Ceremony of the National WWII Memorial Location: Memorial Site Admission: To be announced Evening Performance (Tunes to be announced) Salute to WWII Veterans Location: The MCI Center Admission: Free and Open to the Public (Tickets required) The National World War H Memorial will be open to the public immediately following the Ceremony. �1 T 6 41f 4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: JANUARY 6, 2004 ITEM TITLE: Demand Register Dated January 6, 2004 RECOMMENDATION: Approve Demand Register Dated January 6, 2004 BACKGROUND: Prepaid Warrants: 56675 - 566971 488,435.78 56698 - 567281 10,349.20 56729 - 567391 14,498.07 Wire Transfers} 259,616.56 P/R 31740 - 318241 125,831.26 P/R Tax Transfers} 37,371.32 Payable Warrants: 56740 - 56855) 362,202.80 $19298,304.99 FISCAL IMPLICATIONS: Demand of Cash - City $661,795.49 Demand of Cash -RDA $636,509.50 4 1-- t4t�� Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 11 CITY OF LA QUINTA BANK TRANSACTIONS 12/10/03-12/23/03 12/10/03 WIRE TRANSFER - LAND PURCHASE $229,620.69 12/19/03 WIRE TRANSFER - ICMA $8,186.31 12/19/03 WIRE TRANSFER - CREDIT UNION $6,167.00 12/19/03 WIRE TRANSFER - PERS $15,642.56 TOTAL WIRE TRANSFERS OUT $259,616.56 13 OA ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:33AM 12/23/03. CITY OF LA QUINTA BANK ID: DEF PAGE 1 HECK CHECK VENDOR PAYMENT DUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 56740 12/23/03 &02172 A SENSE OF TASTE CASTLE 3.00 56741 12/23/03 &02173 SIX PACK BOOKEEPING 2.10 56742 12/23/03 &02174 BRET BOWERS 50.00 56743 12/23/03 &02175 JOSE CARDENAS 50.00 56744 12/23/03 &02176 SHANNAN CONLEY 50.00 56745 12/23/03 &02177 LILIANA ESPINOZA 50.00 56746 12/23/03 &02178 JAMES FEDOR 200.00 56747 12/23/03 &02179 IRENE GARCIA 50.00 56748 12/23/03 &02180 CARMEN KELLY 25.00 56749 12/23/03 &02181 JAMIE NAPPER 35.00 56750 12/23/03 &02182 LOURDES VAZQUEZ 50.00 56751 12/23/03 AAA050 AAA FLAG & BANNER 2104.38 56752 12/23/03 ACE010 ACE HARDWARE 643.84 56753 12/23/03 ADT100 ADT SECURITY SVC INC 364.48 56754 12/23/03 AME175 AMERICAN FORENSIC NURSES 227.60 56755 12/23/03 AME200 AMERIPRIDE UNIFORM SVCS 57-.32 56756 12/23/03 AUT030 AUTOMATED TELECOM 77.00 56757 12/23/03 BER150 BERRYMAN & HENIGAR INC. 47515.16 56758 12/23/03 BOY075 BOYS & GIRLS CLUB OF 24480.00 56759 12/23/03 CAD010 CADET UNIFORM SUPPLY 105.62 56760 12/23/03 CAL035 CAL PRESERVATION FOUNDATN 100.00 56761 12/23/03 CAL140 CAL CONTRACTORS SUPPLIES 84.44 56762 12/23/03 CAL237 CALIFORNIA OVERNIGHT 23.00 56763 12/23/03 CAN400 CANYON VIEW POOLS INC 258.55 56764 12/23/03 CAR135 JAIME R CARLO-CASELLAS 63.00 56765 12/23/03 CAR300 CARQUEST 134.09 56766 12/23/03 CDS100 CDS OFFICE PRODUCTS INC 734.77 .56767 12/23/03 CLA075 CLASSIC PARTY RENTAL 1014.98 56768 12/23/03 CLE075 CLEAN ENERGY 42.21 56769 12/23/03 CLE100 CLEAN STREET 5243.52 56770 12/23/03 COA071 COACHELLA VALLEY PRINTING 120.66 56771 12/23/03 DES010 DESERT BUSINESS MACHINES 27.04 56772 12/23/03 DESO47 DESERT PHOTO LAB/STUDIO 53.50 56773 12/23/03 DES060 DESERT SUN PUBLISHING CO 4333.61 56774 12/23/03 DES065 DESERT TEMPS INC 2776.71 56775 12/23/03 DFM050 DFM ASSOCIATES - 43.10 56776 12/23/03 DIL100 DILLON CONSULTING ENG INC 500.00 56777 12/23/03 DOU200 LES DOUGLAS 995.40 56778 12/23/03 DRE100 DRESCO REPRODUCTION INC 146.87 56779 12/23/03 DUN200 KATHY DUNHAM 372.20 56780 12/23/03 EIS010 EISENHOWER IMMEDIATE CARE 55.00 56781 12/23/03 EQUO10 DALE EQUITZ 100.00 56782 12/23/03 EXP050 EXPANETS . 320.00 56783 12/23/03 EXP200 EXPRESS DETAIL 860.00 56784 12/23/03 FED010 FEDERAL EXPRESS CORP 190.26 56785 12/23/03 FIR017 FIRST CHOICE SERVICES 338.42 56786 12/23/03 GAL075 JOSE GALARZA 150.00 14 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:33AM 12/23/03 'CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 56787 12/23/03 GAR040 GARZA TURF & POWER EQUIP 341.01 56788 12/23/03 GE0010 GEORGE'S GOODYEAR 152.93 56789 12/23/03 GMA100 GMA 27965.00 56790 12/23/03 GOD100 GERARDO GODINEZ 60.00 56791 12/23/03 GRA075 GRAPHIC RESOURCES 206.14 56792 12/23/03 HEW100 HEWLETT-PACKARD CO 60.67 56793 12/23/03 HIL150 HILTON FARNKOPF & 7055.00 56794 12/23/03 HOA010 HUGH HOARD INC 569.23 56795 12/23/03 HOM030 HOME DEPOT 1926.33 56796 12/23/03 H00050 FAYE HOOPER 90.00 56797 12/23/03 HTE100 HTE INC 7915.93 56798 12/23/03 INT013 INTERNATIONAL CITY/COUNTY 1016.00 56799 12/23/03 INT014 INTERNATIONAL COUNCIL OF 50.00 56800 12/23/03 JAC150 STEVEN JACOBS 91.00 56801 12/23/03 JON120 TIMOTHY R. JONASSON 23.59 56802 12/23/03 JPRO10 JP REPROGRAPHICS 43.12 56803 12/23/03 JUD010 JUDICIAL DATA SYSTEMS COR 159.36 56804 12/23/03 KRI100 BRUCE KRIBBS CONSTRUCTION 7692.00 56805 12/23/03 LAQ100 LA QUINTA VOLUNTEER FIRE. 1110.50 56806 12/23/03 LAS020 LASER -INK 233.82 56807 12/23/03 L00010 LOCK SHOP INC 237.05 56808 12/23/03 LOW100 LOWE'S COMPANIES INC 489.28 56809 12/23/03 MAR045 SALLY MARSHALL 38.50 56810 12/23/03 MEE100 WAYNE MEEDS 200.00 56811 12/23/03 MOF100 MOFFATT & NICHOL ENGINEER 39769.48 56812 12/23/03 M00095 MOORE MAINTENANCE & 5066.00 56813 12/23/03 MUN101 MUNICIPAL MANAGEMENT ASSC 100.00 56814 12/23/03 NAT021 NATIONAL INFORMATION DATA 48.90 56815 12/23/03 NDL100 ND LA QUINTA PARTNERS LLC 797.38 56816 12/23/03 NEX010 NEXTEL COMMUNICATIONS 1026.02 56817 12/23/03 NUN100 ANICETO NUNEZ 270.00 56818 12/23/03 OFF005 OFFICE DEPOT INC 766.24 56819 12/23/03 OVE050 OVERLAND PACIFIC & CUTLER 10295.00 56820 12/23/03 PAC005 PACIFIC ADVANCED CIVIL 31194.19 56821 12/23/03' PAL400 PALMER COURSE DESIGN CO 3554.58 56822 12/23/03 PCM100 PC MALL GOV 938.10 56823 12/23/03 POW100 POWERS AWARDS 305.04 56824 12/23/03 PRI020 THE PRINTING PLACE 575.09 56825 12/23/03 PSO100 PSOMAS 10608.00 56826 12/23/03 RAL050 RALPHS GROCERY CO .100.59 56827 12/23/03 RAS020 RASA - ERIC NELSON 6647.00 56828 12/23/03 RBF100 RBF CONSULTING 12580.13 56829 12/23/03 RIE200 PAT RIENSCHE 518.00 56830 12/23/03 RIV130 RIVERSIDE CNTY PURCHASING 67.50 56831 12/23/03 ROS010 ROSENOW SPEVACEK GROUP 35140.01 56832 12/23/03 SAX100 SAXON ENGINEERING SERVICE 2310.00 56833 12/23/03 SCI100 LOUISE SCIUTTO 90.00 56834 12/23/03 SEC045 SECURITAS SEC SCS INC 368.00 56835 12/23/03 SEN030 SENIOR INSPIRATION AWARDS 2500.00 15 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:33AM 1'2/23/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 56836 12/23/03 SHA100 LARRY SHAW 65.00 56837 12/23/03 SMA010 SMART & FINAL 217.37 56838 12/23/03 SOU050 SOUTHERN CALIF MUNICIPAL 50.00 56839 12/23/03 STA045 STAN'S AUTO TECH 640.62 56840 12/23/03 STA049 STAPLES BUSINESS ADVANTGE 1036.78 56841 12/23/03 ST0040 CAM STONE'S AUTOMOTIVE 1915.27 56842 12/23/03 SUP050 SUPERIOR READY MIX CONC 331.60 56843 12/23/03 TH0125 LORNA THOMPSON 72.80 56844 12/23/03 TOP010 TOPS'N BARRICADES INC 82.97 56845 12/23/03 TRE020 JULIO TREJO 60.00 56846 12/23/03 TRIO10 TRI LAKE CONSULTANTS INC 30607.50 56847 12/23/03 TRU010 TRULY NOLEN INC 223.00 56848 12/23/03 VAL005 VALLEY ANIMAL CLINIC 140.00 56849 12/23/03 VAL200 VALLEY PARTNERSHIP 168.00 56850 12/23/03 VAN020. DENNIS VAN BUSKIRK 315.00 56851 12/23/03 WAL010 WAL MART COMMUNITY 535.84 56852 12/23/03 WAL050 WALL STREET JOURNAL 203.65 56853 12/23/03 WIR100 WIRELESS WEST 489.19 56854 12/23/03 XER010 XEROX CORPORATION 1424.67 56855 12/23/03 YOU100 YOUNG ENGINEERING SERVICE 5040.00 CHECK TOTAL 362,202.80 O ri N r-I N M v Ln tD r OD m O ri M O E+ Z M N N ri W a x V E Oa0 lD N ri E lD N H F 01 (V ri E 01 N '-i F Ol N '-4 E Ol N H E Ol N H E Cl N r-4 E Ol N ri E Q1 N '-1 E Ol - N r-1 F 01 N r♦ F N aD Oz E a Q O (4 O ri N O O LO O O u') O O LO O O Ljr) O O O O O to O O N O O M O O to aD M O a y. a N 9-4Q N 0 a4 m o D; .04 94 > O 0 to o 0 0 Ln 0 0 0 to 0 0 0 LO E o o 0 N O O o 1n o o ui N 0 0 Uri m 0 0 o ►n O H a w a O H a w z w a z w a s 4 H o w a q Q H o w A. a RC ►-+ 0 a a 0c F� H o w A a 4 a a U H z 1-4 E a z E H o U E m a z F H o 5 E ao a E H CO w F o E ac E E H O O EA w a E p4 O RC E a x px� RC a F o E x O z U)x F O E a4 FC a E o E rz cn cn U E 4 0 E W cn F cn O H E U a cn E+ v) O E U a °A U)o a z z > z H a U W q$ z z > q o z z > W a A z a s z a 8 z z W> q z W AO z >> a z q° z A z S z > A z W 8 z > A A z z > W q z z W> O U) w w q a a Q> a Q> a rz W cb W a a a a a U H > z H W A I A H > z H a R1 2' O z Ln r OD O N cw r O M LO N tD ri m Ln N LO W qT Ln N M M M Ln N O M u) N t0 d Ln N L a Ln N to Ln N M O M u') N O1 N N H O H a w AC Q ao as o F a O w rx W pq o o o 0 O 0 0 o 0 0 O O 0 O o 0 o O 0 0 o 0 O o 0 o O 0 0 o 0 0 0 0 0 0 z E to r l lD ri m tD N M tD N (n tD N m W N M W N M W N r M O M r M U') O z C) 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O r U rC ri O ri O ri O ri O '-1 O ri O r� ri O ri ri O � ri O r� r-i O r� r-I O ra f-i O M ) w w a E w U cn z H W >• O w x a W w H H o $ °o w cn a u w A co) z H w $ a U a a a a ao U as a z'z a x m w cn h z a a w w w H w L w H a a o 0 E z O O W O E W > a N r ra U)a M r r-i cr r .-i LO r- r-4 tD r r1 r r '-I OD r H Cn r ri O OD r-I r 1 OD r-1 N w r-4 0 U) O U [� U N o w N 00 Law N N O w N o La N 0 N 0 us N 0 w N 0 �s N 0 w N 0 w (/a�� O M N W ri H N r-i M r-1 d' H h 00 O 1-4 o r-1 %D H h e-i OD H m ri O N ri N N N m N C o N N M O E-H Z M CN \ N N ri x U &4 %D N e--1 lD N ri w N r-i %D N H C1 N ri ON N r-i C1 N H C1 N e 4 lD N ri %D N ri %D N r-i M N ri Cl N ri Cl N ri 01 N r-i C1 N ri 01 N H Q1 N ri 01 N r-1 01 N H C1 01 N N H H a m E-i H H H H H H H E•+ H E+ H H H H H H H H H H H u) N O O H W z D n (14 m u) u) C1 C N cr O N o v u) h u) O LO N%0 IV h O H O h u) N V) -W m N LO ri C1 C1 H N M h O Cl h h lD %D N 0 01 O O O O %D O O O O M O u) N to to O O u) h lD O O O O N 0 u) h M N 0 O u) h h O Ln w M O u) M V' O O 0 0 O N u) h C1 01 a4 saa! 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H E+ H H H a 94 E4 cn 0 a w 94 0 a w W W H 0 q H o a 0 w E-48 o w x z U z U cn H a a z U z W W z w z z H V) W a w w w cn w z a w H p w qw > w o w 14 a w x z> o 0 E-4 co a U a H H a a a qw o rn > 1 > ow0 0D r- M OD OD :r-4 OD OD ko H H q H O O O O l0 OD m M q 0 0 0 0 t.o w O O HY. a al w as a i O o w E-1 ac W o o o O r o c o 0 O 0 %0 o t.o a Cl r o o Oo 0 0 %0 %D ko to M to M r-I .--I to to 011 to z to M M 0 0 110 w tD ko E1 M M M C' to to to to to to LO to to O -W d' C N r-I H .-1 rl M U U •-1 rl r 1 •-I . -I rl rl 0 0 0 O 0 W U H a w a cn a O H Lnn z z z z H a o o Ei w ' E E E, cn E4 cn 9 W 1 a H r>: U U U U W 3 3 AH H E-4 H HEa,, Wui ai U W 01 w w o z a a °i $ H H w o 3 3 '3 3 3 3 3 X >+ H W W z O y 0 0 0 0 0 0 0 0 0 0 H H .-I r-I to O 0 .- I 0 a s a 0 H 4 a O4 Q U 3 3 a� a� 3 3 3 3 3 }WC O O N O N N t.p M Q O Ea E+ z w z a a 19 30 ACCOUNTS PAYABLE.- AP5005 CHECK REGISTER 09:13AM 12/19/03 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.*** 56729 12/19/03. CAL167 CALPERS LONG-TERM CARE 85.39 56730 12/19/03 COA080 COACHELLA VALLEY WATER 11342.43 56731 12/19/0.3 DAN200 DANONE WATERS OF NORTH 19.45 56732 12/19/03 JON130 MARCIA JONASSON 516.00 56733 12/19/03 LAQ050 LA QUINTA CITY EMPLOYEES 517.38 56734 12/19/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 .56735 12/19/03 SLO100 SUSANNA SLOANE 257.60 56736 12/19/03 STA044 DARREN STANLEY 62.50 56737 12/19/03 UNIO05 UNITED WAY OF THE DESERT 182.00 56738 12/19/03 USD050 US DEPT OF EDUCATION 170.83 56739 12/19/03 VER200 VERIZON 917.99 CHECK TOTAL 14,498.07 20 r 1 O m O H N M V' to m N M C l0 to t0 r —11 H H H r-1 H N •"'� H 0 z M 0 rn .-i N U C9 0 U' ' 0 0 0 C7 C9 0 0) rn £ £ £ £ £ £ £ M: 0 £ W ON rn 0) rn rn rn C9 Q rn W W W W W W W W W rn rn m H H H Ha pq H H H H H H HP HHH H 0 O\ to O O O tD N N O an O O O O O O M 01 H m N O m w H r-4 m v C' O M lC to O O . O z W H z to t0 N ri r 1 v� N O O 01 lG [� l0 IO N N O O OD to to to m ON to 0 H H r1 N to OD 0 N w to w O1 to LO -0 N r I H a tD H H a 0) M to O O O O O O M C O (n to l0 to o cn N 01 fn t0 •J 9 A l0 r: fy' N N W A M dp H ri A ri N to H W O M z Id) > ar N fq H Cl) rn H U Q1 H H a W H a H pzC w FC 4z 0 E-1 z a H E+ H E+ U' E 4 a H L7 E-r H C7 C�+ C 0 O O O 0 1 O 1 0 1 0 0 1 0 1 0 W H H H 3 H • H • E+ EH $4 94 O H H H E+ s4 U H E-r s 1 a +J a U > U > U > U > U > U > U > U > 0; 0 aS $4 4.)S ►a 4-) a H a 4+ a 41 04 4-)�S o �������� 8H � mS �S C ,1S 4Sa o z 04 04 a a4 x x a o4 z t4 z A z A z A z ) Pz z A z A z A z "to U W w W W W W w W w W z W W W W H W W W W 04 > H H E+ E+ H E4 E-+ E+ > H > M > C4 > 04 > to > W > P4 > 04 A 4 Q 4 4 FC FC Q rC a z N, cn a 3 3 3 3 3 3 3 3 A a a a H a a a 44 rU-1 A o4 cn Cl) U) to O O N zz� CoO O CD H H H H zr v V' v C qw L > H .14 a cn w ca a 1 O o w H C4 O O O N M0 N m O O O O O N O O Cl W O O O m w w M w t0 Cl O Co O Ol O O O (� O O O w tG w w w w O O O O LO O O Co Wco ri H r-i H H H r-1 H H H M r-1 Ol r-I to ri 'z' m M M M M M M m M M N N N o N N N N w w w w t0 w w w t0 N N N tp N N N E+ z. O f� M C C sr �1• cr �' ri O O O M O O O ;, O to I.n to u) u) to an to O O O O u') o o O O O M-W sr qv C %r IV cn O O O N O O O U U ri ri r-4 r-/ r-i r-1 H r-1 .d• ri r•-/ ri r♦ ra ri r--1 Q o O o 0 0 0 0 0 0 0 0 o Co Cl O O o ri r-) r-I r-4 ri r-4 rq r-4 r-I ri ri r-1 r-I r-I r-I rq rq A w w a a a x a o4 x a x w x W W W W W w W W H >+ U U H �C H 4 H H H H H a H RC C4 O O a E+ W A z 0 M 3 3 3 3 3 3 3 3 z a a o .�4 � %+ >+ 7+ ?I >+ >+ W - W Q ww 4 to W W W W W W W W W O z E-r U H C7 a a a a A Q a a a A z O vi %+ ►H-1 >4 z Wz yr a O O W z > > > > > > > > w 4 U U o 0 W H a► 3 ° H o "' ai 3 a H U) A a a a 1.4 a s 14 z H a H x WWWWWWWW w a H w z z A a x x x x x x W. x z H D a w w w °a a a U U U U U U U U 0 U a W a H A a a o 0 0 0 0 0 0 0 a o z a O H z 6u 0 z W > U U O U o U 0 U 0 U o U O U O U o A O o 0 o O to O p to m ao o ao ao ao m tb O M to •a O O to 0 yr e i O o 0 0 0 0 0 0 N r-4 O O ri O O O U H a 4 4 4 4 a s Q z z a > o 4 H A U H 0 0 0 0 0 0 0 0 o h a E-1 a r� FC U U U U U U U U U U A `� � 21 I— O 01 O H N E-4 z M O Ol \ N x W pq E-4 H E-+ E-4 E-4 E-H r-1 O O M OD O N O Ol E-1O O z w E-4 (D N O Cl C 0) N O Ln 04 M 0) OD 01 O [� r- e i '-1 Ol FC W Q o 1-4 H o gH H a a > > > > > E-E a cn m cn cn w A > a o z w w 1zi cUn w z z z z W > x x 0 > x a°c aOc cn w w w w w E w 44 H0 a .-+ N 0 m O 7 I > H H H z v .1. l0 W I. W Q M D ►n �n � �n H ,Y, a as W ca a r O 0 w E, a 0 0 0 0 0 0 w o 0 0 0 o r co o 0 0 0 0 w z M m M M M O E4 z .--1 T-4 M M .4 1— a o o Ln 0 o Ln O U U 0 4 0 r-4 0 r-4 0 r-4 0 r-4 0 r-4 1` O 0:) 0) �T Q E�+ O E-4 E-+ z W RC a M O O U) a I Ei �yW N N N N }� co N N a a a a a a a > m z > > > > > E4 Gu W z 0 > 0 0 0 0 0 0 p 0 0 0 0 0 0 a H a a a a a 22 '` ACCOUNTS PAYABLE- AP5005 CHECK REGISTER 10:04AM 12/18/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME- AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 56698 12/18/03 BRO100 SHELDON BRODSKY 75.00 56699 12/18/03 CAL080 CA SOC MUNCIPAL FINANCE 225.00 56700 12/18/03 CAL129 CALIFORNIA CAB 70.00 56701 12/18/03 CAL300 GARY CALHOUN 75.00 56702 12/18/03 COA080 COACHELLA VALLEY WATER 2864.22 56703 12/18/03 CR0003 MICHAEL CROSS 75.00 56704 12/18/03 DAN200 DANONE WATERS OF NORTH 70.40 56705 12/18/03 DEN100 CRISTINA DENIEL 75.00 56706 12/18/03 DRIO05 DRIVER ALLIANT INS SVC 377.50 56707 12/18/03 ELRO10 EL RANCHITO 284.56 56708 12/18/03 GAL075 JOSE GALARZA 150.00 56709 12/18/03 GAS010 GASCARD INC 1990.75 56710 12/18/03 GOD100 GERARDO GODINEZ 30.00 56711 12/18/03 GOV100 GOVERNMENT FINANCE 480.00 56712 12/18/03 LEW010 TOM LEWIS 75.00 56713 12/18/03 LOP200 JUAN PABLO LOPEZ 120.00 56714 12/18/03 LOU100 ELSE LOUDON 75.00 56715 12/18/03 MAS200 FRANCO MASSINI 30.00 56716 12/18/03 MEN040 RUBEN M MENDOZA 150.00 56717 12/18/03 MOU100 DONALD J MOULIN 75.00 56718 12/18/03 NUN100 ANICETO NUNEZ 300.00 56719 12/18/03 OLA100 MILTON OLANDER 75.00 56720 12/18/03 PET005 CASH/PETTY CASH 169.45 56721 12/18/03 RAM175 GUILLERMO RAMOS 60.00 56722 12/18/03 REY050 ELAINE REYNOLDS 75.00 56723 12/18/03 SAL155 SANTOS SALAS 120.00 56724 12/18/03 STA052 STAPLES 1711.50 56725 12/18/03 STJ.010 VICTORIA ST JOHNS 75.00 56726 12/18/03 TRE020 JULIO TREJO .60.00 56727 12/18/03 VER200 VERIZON 273.82 56728 12/18/03 WEI050 MARK WEISS 62.00 CHECK TOTAL 10,349.20 23 ., ri r♦ M 01 N 00 co r V' v Ln N C'1 N N N M O H z M O 00 N U C9 t9 C9 C9 C7 0 C9 C7 C7 C7 C7 (7 a w w w w w w w w w w w w a o4 H H H H H E-H H E-H H H H H M O O O O N O O O O t0 O O � Un 01 H O O O O N O d O u) Ln O z W H z Ln Ln o Un o Ln 0 Ln r N r r �D r r r r OD r 7 r 0 N , 00 M N a RC O O O O N O O O O O LO Ln o O O o O O N ui rx �n D o ui Sri o LO o Ln (7 r W N O r C7 I-W 0 r r FC r w r OD W N H. N H M W N �-1 [�� rZi m £ £ z A E o Cl) Q 3 o H z 4 a ai a a a a a x a > a 04 A H < A H 4 a H FC to W cn a z H H FC rC H \ O FC H a O U a 9 H Cl) O FC H O D U H cn O W H 4 FC H O FC &4 O z H w o H H w o U E+ H O W O a4 O H RC H H H H H H 3 H z H W H w E+ 4 H H a a z H cD x W H x U > a WOz H x o Op OH a o x A U x a Oaoo a a A > Qz8 A HO A E-4 A A x z u a z z cn z :D z rz z ::)z �4 z V)z Hz U z w z W > > > > > E > a > z > w > o > o > a o o cn U U U U 3 U A H cA U v) k M M 1 M O H A W4 O O O 00 O O O O W O .I > N N O N r N 04 H A H M z W W c>' W U')W N �0 A A A .1 A 1p A O r♦ H .Yr a m w oa x � o o w H pG o 0 0 o N o r o r o W O O O O M 0 a' O Ln O 00 v tO (Ij O O O O kO O OD o c O Ln "J£ 0) r l0 Cn '-i Ql M m OD r 01 m ,z O M Ln O M _InO O m (M O r I In �D W Ln W Un r U) H z e-1 fn r- O r-A M . 1 M) Ln Ln Ln Ln Ln to O O Un O O N ri ri N sP N cr ri o c-I N Ln U O 0 0 O Cl O 0 0 0 0 0 0 r-4 r-4 r♦ r-I r-4 H r-I r-I r-4 r-I H 9 Z W W z O M H 3 z U) z H Ln x Q m a HH� �1 U)H O U U M D O W W Ia-I O N U a a m z a a H o x a U H A A H H z H w H A QI a o o x z H w "' H vi a o A w a p�� u H zoz a o4 H w a O 4 v, z cn U U c7 U £ A U A W h O H z w 0 w >O O 01 O O M O O U')O Ln O OD o N I O M OD O O O O N o r-I O o O O o 0>4 U H r-I o a r a a r� o z z H a a a a U) 4 U H U a co U a U a U 0 U a U 0 W 0 0 w 0 24 l� QO 01 w O N H N LO M to N H N H H N H N M O H z M 0 0 CN U .Ni W H E E E E E E E E C7 FC W W W W W W W W W W W a t>7 H H H H H H H H H H H H M sT a Co O O O O O O O O O O 01 H N Co O O O O O O O O O O O W Hz O O O O N O �+ O N cp H ' M a U') O O o 0 0 0 o O o 0 0 01 0 M o co ui Ff, [� o N C7 ui 1� c M o LO x Sri 1` o pp(( O Ln 1` 0 <O CQ o 0 o U) ao > H U)A a a > a Q a a a a > a a a W 4 H FC FC A 4 H 4 cn RC H aC H aC A rt; H A F4 W z cn H U H H 4 E+ U H H H U H U H Q H U H FC H G4 O 4 O H O $ O O H O 1% O H O H O O H O O W H x H c" H W H E-H H w H H w H 44 H H H G+ E+ E4 H x U H U w H z• w G. w z w z cn H a a x O a > a W a o a a o x o a w x o x W rz a O H A O O W g E O O QL1 O A x O A E H O A Z O A E H O U A > z w U a A z C4 W A z x z E + A cn z 1% W A z a z a W z w z cn z W z cn z a4 H cn a W U W a W W W U W H W U W U W w W U W W W H W w > U > w > > > U > a > U > U > > > U > > > H A a o RC z o p 0 O z o z w to w. cn U H cA U cn cn U W M M M M I, p p4 0 o O o O w o o O o > I N N N N > f H A H a M U U U U H z 14 A p A A p H .Yr a m w m a 1 0 o c..w H rx � Q1 0 o rn o rn rn o rn o 0 W a ao 0 Co co o ao 0 o OD o 0 M %D Ln O O o Ln Ln O Ln O Cl M) m rn m ON ON rn rn rn rn m m �o z H o cr o 0 0 Co 0 0 o O r Ln U') Ln u1 c H z H M H H M H M m H M H O O O Ln Ln Ln Ln Ln Ln Ln in O O Ln N H H N N N N N H 0 U H H .-4 .-+ .-a H H .1 .-4 iQ, O O Cl 0 O O O O O O O O H H H H H H H H H H H M W o U z H o z N a N w 1 a a z 01 a 0x cn H O A 0 w E-4 W a � H a E H a O m a h O a w cn w H M °v z Gw S W z W fQ a Ez a FC z A z w U H o o H H E >4 H a aC c U H z 0 O 0>4 U H > 0 H O cn � 0 O H A � 0 o H > � 0 H CDN 3 a 0 o a °a 0 0 H A °a 0 o N m � 0 v O z z 0 o H D � 0 O H z z 0 O H o Lrn o O H 25 l0 l� O 01 O r♦ N M V' CY) l0 O m H N O C' V' v qw rI N ri ri M ri ri ri M M N O H z fM O O M U C7 C7 U' C9 U' C7 C7 Ch C7 U' C9 C9 U' U' 0 N rI W H E E E E E E E E E. E E E E E E E E E E E C� 4 W W W W W W W w W W W W W W W W W W W W a ca E- H H H H H H H H H H H H H H H H E-F H E+ M O kO O M O N Ol M N O O O O O O 1- O OJ I- O 01 [ M u7 O 01 Cy) u) V' OLf) O O Cl LO O O 1- H C C O O z W H z M O O Ln 0 01 N E D N r-I (M N N .-I N N ri t` l0 O M m u7 W >4 0 a U') O O O O O O N O Ln O O O O l0 l0 N ra U t0 I� lN0 H N H W E E � 0 x m m as w m as as oo ara a O ££ a U a D U a H H H H H H H H H a a FC a L4 a a N 14 A Q z W a W a W a W lz W a W s W 0c W 0c W w FC H H U H W FC H H H U FC E+ w F>; EH U > FC E-I U E+ E-I z H O O H O O H O W O W O H O O H O W H 5C x x x x x x x x H 44 H H 44 E-H E-H H H w H H H H U H Cl) cn v) O W O U W Cl) 64 rX4 D >+ [ra U U U U W H w 4 4 4 4 a 94 4 F 04 O Z a s O G4 w Z H w O a > > > > 1z W 04 O H U 6 U U U U U U U g 8 g O a E O O 0 H z O 0 a O 0 W cn O In E O q z u >+ >+ >• >• >a >4 >a >+ >+ z x w z D z a4 W z U z D z w z w w w w z x z H V) H H E-H H H H H H E-H W U W E+ W U W W E> W U W z z z z w U W W E+ H H E-I H H H H H> U> a> U> a> U> 0 0 0 0> z> 0 W W W W W W W W W O D O E O O x x x x D co a s 04 a w as w 04 a4 to U cn w U cn w 114 as wW a 44 M M H 0 a' O O Ol Ol OD O O W O O w N O M > I > N. O M. I t� N ri Cl cl' -WH H H H 9N z W W ri u7 -wl0 V' %D q O O r rM In Ln H x a a4 . W on a 1 0 0 w H 04 0 0 0 0 0 0 0 0 o rn o rn U') W O O O O O o 0 0 0 ao o ao M o 00 O �0 0 0 0 gn o 0 0 0 0 0 0 0 o LO O u-) -4 o u) o W 0 o O ar 1 l0 1- M M r-I M r-I r- 01 0) m r 4 Ol 01 M .-i to LO [� z O u7 M O O %0 O O M O O O N O O O M M M M 110 I- w w I- 1- w Ih 1- w l0 u) l0 r-1 Ln t0 l0 l0 l0 w H z N a r-1 N r-I M m ri ri MT-1 M O r-I M N C M M N D O O In O to o In O 0 In u7 to O u') u7 O Ln 0 u) O O r-1 .-1 r-I N N N N V' 'W N N N O N N Ln %r .-4 H ri U U r-1 ri r♦ ri ri ri ri r-1 .-1 ri ri ri ri .--1 ri N ri .--1 1-4 r-1 a' O O O O O O O O O O O O O O Cl O O O O O rl .-1 r♦ e-1 r-I ri r-1 r4 r-I r-1 r-I ri r♦ r-i H ui .-i r-1 r-I r-1 M O � to x x x x x x x x x W En W. a cn cn m cn cn cn cn cn cn 0 0 O FC FC � FC FC FC FC FC FC � a h U U U U U U U U U � O cn O >+ >+ >+ >+ >+ >+ > 4 >+ >+ + En>z W E+ H H H H H H H H H O W fs1 1.7 z H H H H H H H H H F� A4 cn V) Q H. C4 Hz z z z H W a� H FG D W a W a W a W a W a w a W a W 114 W a W W v) W 0G O O O O 3 a z O a 0 O N H N H N H N H ff, p, C4 o x w x to x w x W x W x W x w �.' w �+" o a H H H W Ft; H U H a Ci a a a m z U U U U U U U U U ca w Cl)cn > h > > > > 'Hz WO 0 0 0 u1 0 0 u7 LO In O Ln N O O O O O O O 0 , 0 0 0 0 0 0 0 0 0 1, ul I,n LO r-I N O O O O Io O >r 0 Cl 0 0 0 Cl 0 O O r( O r-1 O O O N N N N O U H H H H H H H H H H >+ a 4 h W 04 x x 0z H U H W W W W W W W W W W 4 H H L1' W W W W W FC U a w w w 04 114 w rw w a4 cn cn U) H > > > > S 26 27 v ACCOUNTS PAYABLE.- AP5005 CHECK -REGISTER 10:21AM 12/11/03 CITY OF LA QUINTA BANK ID:.DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 56697 12/11/03 FOR100 FORESITE ESCROW INC 40560.00 CHECK TOTAL 40,560.00 28 `� O E z M O e\-1 ri x 1 0 z H � a a ado O 0 0 0 0 er 0 0 0 m �o o z .-1 U 0 c 0 O E E E � O oLO W 0 a U • o H a E > h o o °a a o .z a E A a w z H A H O a w H w E E H c!1 1 E O O 1 V > O O H z H D ac �4 rn to H U E A O A U w .+ a a a o z a w Cl w a U) �r at 1 0 0 E z d a a 0 E a z w A w cM H E O U H p � N �a a a r-1 H E z H a U a Ow H z 04 a H w w o a a A a a a U 1 w H w w 0 H a H acoo :04a Z H w N c E w z o a o A QCa O U ; Gov i-10 29 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:53AM 12/11/03 CITY OF LA-QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO -CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 56675 12/11/03 ANG200 JULIO ANGULO 83.78 56676 12./11/03 ATT075 AT&T WIRELESS 20.54 56677 12/11/03 CAL500 CALM RIVER DEMOGRAPHICS 235.00 56678 12/11/03 COA075 COACHELLA VALLEY UNIFIED 359462.25 56679 12/11/03 COA080 COACHELLA VALLEY WATER 968.74 56680 12/11/03 DAN200 DANONE WATERS OF NORTH 170.35 56681 12/11/03 FET101 JOAN ARLINE FETTIG 325.00 56682 12/11/03 FRA010 MARNI FRANCISCO 32.11 56683 12/11/03 IMPO10 IMPERIAL IRRIGATION DIST 12619.52 56684 12/11/03 POW300 POWER PERSONNEL INC 760.00 56685 12/11/03 PVP100 PVP COMMUNICATIONS INC 227.04 56686 12/11/03 RUT050 RUTAN & TUCKER 62387.38 56687 12/11/03 SAF020 SAFEGUARD HEALTH PLANS 5890.39 56688 12/11/03 SCI100 LOUISE SCIUTTO 50.00 56689 12/11/03 SOU010 SOUTHERN CALIF GAS CO 130.87 56690 12/11/03 SPRO10 SPRINT 45.48 56691 12/11/03 STE004 SUE STEDING 350.00 56692 12/11/03 UNIO02 UNION BANK OF CALIFORNIA 40560.00 56693 12/11/03 VER200 VERIZON 347.65 56694 12/11/03 VER210 VERIZON INTERNET SOLUTION 69.00 56695 12/11/03 WEI050 MARK WEISS 60.00 56696 12/11/03 YES011 YESSAYIAN FAMILY LIMITED 3640.68 CHECK TOTAL 488,435.78 30 z H N O H M V' LO OD 01 O H N M V' to V, H H H H H H O E-E z M O r-I N H U C7 U) C7 C7 U9 U 0 C7 C7 C7 U' C9 (7 C7 C7 C7 C9 H W H E E E x E E E £ E E E E E E a a w w w w w w w w w w w w w w w w H w H W A H EH H H H H EA H H H H H H H H O H W V' O Ln N O N O to O H 00 N V' 00 N H 01 [� r to O N 0) tD N O M O H O1 N to N O r, O W z cM O N 0D tD M O O OD N M tD H -W Co H tD N M a% H t— N NOD O N V' 0) Ln w H M V' tD !` M N H a U-) OD lw O M to C' U7 O H !` U') O N I� M O H rJ; c+1 O to N OD O E-E Ln N W OD N W M E-H tD W f� z N M 04 N W rn 0) H E (VI W x > U) H O w Cr)H U a 3 a w H W z Q W x Q z Q HQ A W 4 z H E-H O H m H a E-H H H H E-H w H H E-H U U U U U U O a O x 0 m o W. 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PAID NUMBER NAME INVOICE DESCRIPTION 56692 DEF 12/09/03 ' 40560.00 UNIO02 UNION BANK OF CALIFORNIA PRICE DIFFERENTIAL/INCIDENTA TOTAL VOIDED 40,560.00 �J 34 A/P - AP6002 CHECKS TO BE VOIDED 3:09PM 12/11/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 55992 DEF 10/27/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 84.71 FOR020 JOAN FOREST 84.71 INVOICE DESCRIPTION SUPPLIES 35 4 6 A/P - AP6002 CHECKS TO BE VOIDED 08:04AM 12/*19/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 56641 DEF 12/08/03 257.60 SLO100 SHARON SLOANE INSTRUCTOR TOTAL VOIDED 257.60 4�y 36 COUNCIL/RDA MEETING DATE: ITEM TITLE: 4 CV QtA AGENDA CATEGORY: BUSINESS SESSION: January 6, 2004 CONSENT CALENDAR: Adoption of a Resolution Accepting a Donation from La Quinta Walmart for the Annual Community Picnic and Birthday Celebration RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from La Quinta Walmart for the annual community picnic and birthday celebration. FISCAL IMPLICATIONS: The La Quinta Walmart has generously donated $2,000 in cash to be used for the City's community picnic and birthday celebration to be held on April 24, 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual Community Picnic and Birthday celebration is held the last weekend of April each year. The City budgets $1,400 to host this event. Each year, the event grows in attendance, requiring additional supplies. The donation of $2,000 from Walmart will allow the City to provide professional entertainment and additional supplies. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from La Quinta Walmart for the annual community picnic and birthday celebration; or 11.8 2. Do not adopt a Resolution of the City Council accepting a donation from La Quinta Walmart for the annual community picnic and birthday celebration; or 3. Provide staff with alternative direction. �ectully sublitted, V e Horvitz, Commu ity Services Director Approved for submission by: rlyt'O�� oe-t Thomas P. Genovese, City Manager 2 49 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM LA QUINTA WALMART FOR THE ANNUAL COMMUNITY PICNIC AND BIRTHDAY CELEBRATION WHEREAS, on December 1, 2003, the La Quinta Walmart generously offered to donate $2,000 to be used for the annual community picnic and birthday celebration to be held on April 24, 2004; and WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $2,000 to be used for the annual community picnic and birthday celebration to be held on April 24, 2004. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61h day of January, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 3 0 Resolution No. 2004- WalMart Donation Adopted: January 6, 2004 Page 2_ ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California Tit�p 4 0420 QU&SAJ COUNCIL/RDA MEETING DATE: January 6, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31248, Walgreens La Quinta, Evergreen -Avenue 48 and Washington, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 31248, Walgreens La Quinta, Evergreen -Avenue 48 and Washington, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31248 is generally located north of Avenue 48, east of Washington Street, and west of Caleo Bay (Attachment 1). This commercial development will consist of seven (7) parcels on approximately four (4) acres (Attachment 2). On August 20, 2003, the City Council approved Tentative Parcel Map No. 31248. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. S-\ritvMnr\STAFF RFPORTS ONI Y\1-6-04\r 4Anr. As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (February 5, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to. the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31248, Walgreens La Quinta, Evergreen -Avenue 48 and Washington, LLC or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31248, Walgreens La Quinta, Evergreen -Avenue 48 and Washington, LLC. ; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy R ona n, P.E. ubl1c Wor s Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 2003-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 31248, WALGREENS LA QUINTA, EVERGREEN -AVENUE 48 AND WASHINGTON, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66.458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map No. 31248 is conditionally approved provided the subdivider submits all required items on or before February 5, 2004. 3 c# Resolution No. 2003- Parcel Map No. 31248, WalGreens La Quinta Adopted: January 6, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the Final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on February 5, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of January 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 .� J Resolution No. 2003- Parcel Map No. 31248, Walgreens La Quinta Adopted: January 6, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 '" VICINITY XAP ATTACHMENT 2 Ua z =� w W U a W Allall U _ ll ' •-. ..� ..�. .-.. � -•.: ';� .rr:•'i ,._„w.�r.: r.r.: r. r... i.. .._!� ... err .::ir}�J.s: yi _{.: i�_rJ-..:✓. �'_.= ..:>f'�_:��f...i•�..�_.._.r....,X.. .... ........ _. _.. ... r ! y_ b N h � 2 V N a �� ��• 4� x � � 2 �i 6 :y■ .ate' s / Alo ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 31248 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Evergreen -Avenue 48 and Washington, LLC an Arizona Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Parcel Map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 31248 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. i 9 9 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 10 61 2of7 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the `cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Parcel Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty ti 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 12 63 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 13 E 5of7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Agent for Service of Process Evergreen -Avenue 48 and Washington, LLC. 200 North Maryland Ave, Ste 201 Glendale, CA 91206 (818) 240-8727 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Principal Address Evergreen Devco, Inc (CA, LLC) 2920 East Camelback Rd, Ste 100 Phoenix, AZ 85016 (602) 808-8600 Date Date 14 6of7 Exhibit A SECURITY - PARCEL MAP NO.31248 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Street Improvements Perimeter Landscaping Domestic Water Totals Standard 10% Contingencey Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 15% Bond Amount Performance Labor & Materials $ 44,180 $ 44,180 $ 13,000 $ 13,000 $ 13,686 $ 13,686 $ 70,870 $ 70,870 $ 7,090 $ 7,090 $ 77,960 $ 77,960 $ 7,800 $ 7,800 $ 7,800 $ 7,800 $ 11,690 $ 11,690 $ 105,300 $ 105,300 15 Ev 7of7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 31248 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of by and between Evergreen -Avenue 48 and Washington, LLC an Arizona Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as City. RECITALS: A. Subdivider has prepared and filed a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 31248 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivideris required to install or agree to install certain public and private improvements (the "Improvements„ ). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit A , and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as warranty security, shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured., 16 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 17 63 2of7 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City foil', performance of work or provision of materials under the terms of the warranty, warrant 18 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 19 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. ►�� 20 5of7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Agent for Service of Process Evergreen -Avenue 48 and Washington, LLC. 200 North Maryland Ave, Ste 201 Glendale, CA 91206 (818) 240-8727 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Principal Address Evergreen Devco, Inc (CA, LLC) 2920 East Camelback Rd, Ste 100 Phoenix, AZ 85016 (602) 808-8600 Date Date 1 21 �- 6of7 Exhibit A SECURITY - PARCEL MAP NO.31248 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Parcel and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 38,410 $ 38,410 Drainage $ 41,971 $ 41,971 Street Improvements $ 123,959 $ 123,959 Domestic Water $ 50,400 $ 50,400 Sanitary Sewer $ 13,098 $ 13,098 Dry Utilities $ 2,500 $ 2,500 Monumentation $ 1,650 $ - Totals $ 271,990 $ 270,340 Standard 10% Contingencey $ 27,200 $ 27,000 Total Construction Cost $ 299,190 $ 297,340 Professional Fees, Design 10% $ 29,920 $ 29,730 Professional Fees, Const 10% $ 29,920 $ 29,730 No Plans Contingency 15% $ 44,880 $ 44,600 Bond Amount $ 4039900 $ 401,400 22 7 of 7 T-itit 4 XA COUNCIL/RDA MEETING DATE: January 6, 2004 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services for the Fiscal Year 2003/2004 Traffic Signal Improvements, Project No. 2003-15, and Appropriation of Funding RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appropriate $37,850 from unassigned City Infrastructure Funds; appropriate $244,800 from Surface Transportation Program grant funds; authorize staff to distribute a Request for Proposals (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15; and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: The following represents the project's recommended funding and funding sources: Infrastructure Funds: Surface Transportation Program (STP) Total Funding Available: The following represents the anticipated project budget: Construction: Design: Inspection/Test/Survey: Administration: Contingency: Total: $37,850 $244,800 $282,650 $ 213, 000 $21,300 $16,400 $10,650 $21,300 $282,650 h`1 A S:\CityMgr\STAFF REPORTS ONLY\C 5.doc CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The proposed improvements include installing a new traffic signal at the intersection of Dune Palms Road and Desert Crest Drive, directly in front of the Amelia Earhart Elementary School, and installing a pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School (Attachment 1). On May 20, 2003, the City Council approved the grant application for a California Department of Transportation (Caltrans)' Safe Routes to School (SR2S) grant to install the new traffic signal on Dune Palms Road and Desert Crest Drive and the pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School. Desert Sands Unified School District (DSUSD) and the City of Indio (Indio) were co -applicants on the grant. Staff has drafted a Cooperative Agreement between the City, DSUSD and Indio, which sets up a cost share between the three entities. The Cooperative Agreement is currently being reviewed by DSUSD and Indio, and will be submitted for Council consideration prior to execution by all parties. On November 21, 2003, the City was notified by Caltrans that the City's project was approved and SR2S grant funding was available in the amount of $244,800. Time is of the essence. The City originally expected Caltrans notification by October 2003 and intended to perform construction during the summer months while the schools are closed. The revised project schedule presented within the attached RFP (Attachment 2) continues to project construction activities during this time frame. However, considering the project is federally funded and each phase must have Caltrans' authorization to incur costs prior to work commencing, the project schedule may not be attainable. Staff has prepared and submitted the necessary documents to obtain authorization to begin the design phase. However, the design work can not start until Caltrans provides authorization. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the City Council is notified of the potential need to contract for professional services in excess of $10,000. 2 S:\CityMgr\STAFF REPORTS ONLY\C 5.doc Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer Steve Speer, P.E., Assistant City Engineer Nick Nickerson, Project Manager FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $37,850 from unassigned City Infrastructure Funds; appropriate $244,800 from Surface Transportation Program grant funds; authorize staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15; and appoint a Consultant Selection Committee; or 2. Do not appropriate $37,850 from unassigned City Infrastructure Funds; do not appropriate $244,800 from Surface Transportation Program grant funds; do not authorize staff to distribute a Request for Proposal to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable construction costs for the Fiscal Year 2003/2004 Traffic Signal Improvement Program, Project No. 2003-15; and do not appoint a Consultant Selection Committee; or 3. Provide staff with alternative direction. Respectfully submitted, AA Jimothy on on, P.E. Public W s Director/City Engineer Approved for submission by: ( j Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Request for Proposal 3 S:\CityMgr\STAFF REPORTS ONLY\C 5.doc ATTACHMENT 1 V. ji g ' 2 N SUN ISE:R1.. i is : • ::. -... :; �.:•:• . �c . MEMORIAt'PL•: z ' O CAMII�O ROS Di s'INDEPENDENCE' ' ` ' . aR OR, ON:PA i.S r g • , CT 'MORRIS:AY�:: CANT�RRA DR; �„ O 't1G0 CALLS PER4;DECLARATION ..j,kLMETO �' • 'a TAAFLO ERR !ILIA .s..Q E c ERA �S " ' CA U151 T14i�ERD m.: i.;- CALL -SONRISA'' MtL' ES1N.Dt10N D i DIAREVt DE IT CRUT DESER • ,.t• -77 DESEFI F'I _''• >�f„r••, ".+. .r«'. �•i �`:. �' +' .. '.< .i. ' VlCTORIA:DR �' '` '' •:z pi MT WSEK in e- {- .,AS%EY-DF::-*- -AU .W, •,VDT r �•' •''t•. ,•.f• ..•. .�+'' •+'r .• f.r.• •',.. RPORAT'E:CE ER ORr ' C/•y� -,: ' f • t.lti � :rye r ��' •� .POST»..�'� _. ' _ ♦:Y . 1 �, J' . _ •r "• Vr: • "Q '.,;'. i :',:;';.; + it . 4 71 ATTACHMENT 2 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES FY 03/04 TRAFFIC SIGNAL IMPROVEMENT PROGRAM FEDERAL -AID PROJECT NO. STPLHSR 5433 ( 1 The City of La Quinta requests proposals from qualified professional engineering consultants to prepare plans, specifications, and estimates (PS&E), and contract bid documents for the Fiscal Year 2003/2004 Traffic Signal Improvement Program. The proposed improvements include installing a new traffic signal at the intersection of Dune Palms Road and Desert Crest Drive, directly in front of the Amelia Earhart Elementary School, and for installing a pedestrian activated crosswalk on Miles Avenue directly in front of the John Glenn Middle School. A copy of the traffic signal warrant and the pedestrian signal warrant studies prepared by Austin -Foust Associates, Inc. is provided as background at Attachment 1. The proposed Improvements are partially funded with Surface Transportation Program (STP) funds through Cycle 4 of the States Safe Routes to School (SR2S) Program. All work and resulting facilities shall fully conform to the requirements set forth by the Federal Highways Administration (FHWA) and the State of California Department of Transportation (Caltrans). The project plans, specifications and contract bid documents shall conform to .the requirements set forth within the Caltrans Local Assistance Procedures Manual. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City of La Quinta Public Works/Engineering Department. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Perform appropriate engineering related field survey, and base map preparation. • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. Page 1 of 6 5 ' ■ Plans will likely include: Title Sheet, Traffic Signal Plan, Pedestrian Crossing Plan, Signing and Striping Plan, and necessary construction details. ■ Design Consultant will provide a complete list of signal components (i.e. poles, controller and incidental materials) necessary to advance order the long lead items. ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedule, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets. • Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review The Concept Review: Consultant submits background sheets showing preliminary geometric layout. If the project involves street work, the plan set must contain plan view depicting geometric layout of traffic lanes. Curve and taper information must be shown, but signage and striping type detail are not required. If permanent electric power is required on the project, IID's approved power source shall be shown on the plan. All utility conflicts must be noted at this time, so advance preparations for clearing the utilities can begin. It should be noted that the "concept review" stage frequently involves revisions and re -submittal before the consultant is authorized to proceed to the next stage. Getting the concept correct is a critical aspect to efficiently completing a custom design. Page 2 of 6 6 7 (2) 2nd Review - 85-90% Check Plans & Specs The 85-90% Check: The consultant submits a complete set of plans with ALL SHEETS included in the plan set and a complete set of specifications. It is permissible to omit some detailing, but plan sheets and specification sections representing all disciplines must be submitted in the 2nd Review. Although the 85-90% figure suggests the design phase is nearly done, a more realistic perspective with respect to "calendar time" allowed for the design phase is 67 %. Although the consultant's work is nearly 90% complete and winding down at this juncture, this milestone marks the point at which City staff begins to expend more time in verifying the design, confirming the quality of the plans and specifications, and conferring with stakeholders in the project. While in theory only 10% of the design remains, this portion of the design phase is "process" intensive and consumes calendar time. (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate The 100% Check: This review is exactly what it implies. This submittal includes everything complete in final form (no mylars) that the consultant believes is necessary to construct the project. This submittal is the City's first opportunity to review that premise. The consultant should submit plans that have been carefully reviewed by its organization for completeness and accuracy. The project specifications and engineer's estimate should be equally complete. (4) 4th Review - Preliminary Final (screen check) Screen Check: In a perfect world, City staff has caught every error of importance in the 3rd Review, and the consultant has appropriately addressed all issues raised in the 3rd check so the Preliminary Final PS&E is found suitable for publication. If the perfect world premise holds, no revisions will be required. B. Staff approved PS&E will be submitted to the City Council for approval. C. All approved plans will be provided to the City on compact disk in AutoCAD 14 format, as well as on "Y size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. Page 3 of 6 7 so 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process will also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before January 29, 2004 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Nick Nickerson, Project Manager City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach Page 4 of 6 8 81 A description of yourproject understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting February 18, 2004 as the start date. Time is of the essence. Construction shall occur while the schools are closed for summer break. The City's overall project schedule is presented in Attachment 2. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub - task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement presented as Attachment 3. Page 5 of 6 9 CITY OF LA QUINTA REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING AND DESIGN SERVICES FY 03/04 TRAFFIC SIGNAL IMPROVEMENT PROGRAM FEDERAL -AID PROJECT NO. STPLHSR 5433 1 1 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 FY 03/04 Traffic Signal Improvement Program and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed Page 6 of 6 10 83 ATTACHMENT Traffic Signal Warrant Pedestrian Signal Warrant Studies E:1? 11 4rr4rAA1&1Sr1JNV-Ar0191ST .ASSOCIATES INC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING 2020 NORTH TUSTIN AVENUE - SANTA ANA, CALIFORNIA 92705-7827 MEMORANDUM TO: FROM: DATE: SUBJECT: Ms. Peggy Reyes, Desert Sands Unified School District Joe E. Foust, P.E. May 12, 2003 ATTACHMENT 1 _A TELEPHONE (714) 667-0496 FAX (714) 667-7952 E-mail: mail ®ausWoust.com IQof Esslp* 1 0 854 JOHN GLENN MIDDLE SCHOOL AND AMELLA EARHART ELEMENTARY SCHOOL PEDESTRIAN CROSSING SIGNAL W.ARRAINTS INTRODUCTION Desert Sands Unified School District (DSUSD) has retained Austin -Foust Associates, Inc. (AFA) to examine the need and warrants for new school pedestrian crossing signals at the following two schools. 1. John Glenn Middle School (crossing Miles Avenue) 2. Amelia Earhart Elementary School (crossing Dune Palms Road) ANALYSIS AFA conducted its investigation in accordance with Caltrans' Traffic Manual procedure for School Crossing Traffic Signal Warrants, Section 10-06. School age pedestrians and vehicles were observed in the field and counted at both schools in December, 2002. The results of these observations were then compared with minimum warrant conditions with both locations showing both student crossings and vehicle volumes exceeding that needed to justify installation of pedestrian signals. Copies of the completed school signal warrant data forms and evaluation sheets (reproduced from Caltrans Traffic Manual -Section 10-06) are attached herewith. CONCLUSION In summary, it is concluded that more than sufficient student crossing and vehicular traffic are present in front of both schools to warrant installation of school crossing signals. In addition, since these school crossings occur at roadway intersections, the signals need to accommodate both pedestrian and side street vehicular flows. Cc: Nick Nickerson, City of La Quinta 12 8J Traffic Manual SCHOOL AREA PEDESTRUN SAFETY SAM School Crossing Traffic Signals 10-06 Amelia Earhart Elementry School Major Street: Desert Crest Minor Street: Dune Palms NOTE: When the critical (85 percentile) approach speed exceeds 40 mph or the approach visibility is less than the required stopping sight distance, rural warrants should be applied. SATISFIED: YES I. Urban Areas - 500 vehicles and 100 school pedestrians for each of any two hours (not necessarily consecutive) daily while students are crossing to or from school OR 500 vehicles for each of any two hours daily while students are crossing to or from school and a total of YES: NO: 500 school Pedestrians during the entire day. 2. Rural Areas - (Use 70 percent of the volumes noted under Urban Areas) 350 vehicles and 70 school pedestrians for each of any two hours (not necessarily consecutive) daily while students are crossing to or YES: NO: from school; OR 350 vehicles for each of any two hours daily while students are crossing to or from school and a total of 350 school pedestrians during the entire da . Field Data: 8:15A- 9:15 10:30A- 11:30 12:30P- 1:30 3:OOP- 4:00 Number of Vehicles through crossing 629 129 219 573 Number of pedestrians using crossing 134 0 0 124 Critical approach speed of major street > 64 km/h (40 mph) 40+ MPH -km/h Critical approach speed of major street o 64 km/h (40 h) MPH -km/h URBAN Adequate stopping sight distance? .iES: NO: Note: Vehicle volumes are based on driveway counts. Actual roadway volumes on the major street are slightly higher. t uc afi`luaiaCtf On of as n ar-,aua IS no,, necessarily i m..u.:oYrn for .. S^.b...... Del--- ...........a oLher e dC.. C. the need for rigllt-4%W8y aSSlgilmtIIt must be shown. 13 8 Traffic Manual SCHOOL AREA PEDESTRUN SAFETY 8-1"3 School Crossing Traffic Signals 10-06 John Glen Middle School Major Street: Miles Ave Minor Street: Verbena NOTE: When the critical (85 percentile) approach speed exceeds 40 mph or the approach visibility is less than the required stopping sight distance, rural warrants should be applied. SATISFIED: YES 1. Urban Areas - 500 vehicles and 100 school pedestrians for each of any two hours (not necessarily consecutive) daily while students are crossing to or from school; DR 500 vehicles for each of any two hours daily while students are crossing to or from school and a total of YES: NO: 500 school Pedestrians during the entire day. 2. Rural Areas - (Use 70 percent of the volumes noted under Urban Areas) 350 vehicles and 70 school pedestrians for each of any two hours (not necessarily consecutive) daily while students are crossing to or YES: NO: from school; OR 350 vehicles for each of any two hours daily while students are crossing to or from school and a total of 350 school pedestrians during the entire day. Field Data: 6:40A- 7:40 1:45P- 2:45 Number of Vehiclds through crossing 937 430 Number of pedestrians using crossing 214 162 Critical approach speed of major street > 64 km/h (40 mph) 40+ MPH -km/h `>' :- RURAI::._ . Critical approach speed of major street o 64 km1h (40 h) MPH -km/h URBAN Adequate stopping sight distance? J; . YF9:..' ` ; : NO: Note: Vehicle volumes are based on driveway counts. Actual roadway volumes on the major street are slightly higher. The satisfaction of a naaiant i$ not nat r arily j:3'K.:: "t:Q ::�: a �'...d..?..> >�y� ��nb ��, Z^�.Lna or other ayi�vn�� 4f the II4fd for PI It .f w7V 9cC1gnr"t must be shown. 8 1 14 PEDESTRIAN ACCESS TO JOHN GLENN MIDDLE SCHOOL AND AMELIA EARHART SCHOOL Prepared by: Austin -Foust Associates, Inc. 2020 North Tustin Avenue Santa Ana, California 92705-7827 (714) 667-0496 February 12, 2003 15 813 PEDESTRLA4N ACCESS TO JOHN GLEN MIDDLE AND AM ELIA EAJLART SCHOOLS INTRODUCTION Austin -Foust Associates, Inc. (AFA) has been retained by the Desert Sands Unified School District (DSUSD) to examine pedestrian safety and access in crossing the streets in front of John Glenn Middle School and Amelia Earhart Elementary School. The report summarizes that investigation. ANALYSES John Glenn Middle School Analvsis John Glenn Middle School (JGMS), with 1,070 students, is situated on Miles Avenue just easterly of Dune Palms Road and adjacent to Amelia Earhart Elementary School (AEES). Parent access and drop- off is via a one-way eastbound circulation system with two driveways (one entry and one exit only) on eastbound Miles Avenue. The entry driveway accommodates both right and left -turn. entries, while the exit driveway is limited to right -turn only by a raised median constructed on Miles Avenue. Verbena Drive forms a Tee intersection with Miles Avenue at a location that is offset by approximately 75 feet from the JGMS entry -only driveway as illustrated in Figure 1. Peak period arrival and departure traffic counts to and from the JGMS visitor/faculty parking lot were conducted in December 2002. These counts (included in the appendix) reveal the AM peak period lasts about 30 minutes (beginning at 7:00 AM), with a peak volume of about 125-130 vehicles entering and exiting during a five minute period (i.e., about 25 vehicles per minute). The afternoon peak period is considerably less congested, with only about 40-45 vehicles entering and exiting in any 5 minute period. With this much vehicular activity, particularly in the AM, concentrated into such a brief period of time, it makes pedestrian crossing of Miles Avenue in front of the school difficult at best and potentially hazardous as thru-traffic on Miles Avenue does not stop. In order to both accommodate pedestrian crossings of Miles Avenue and provide adequate safety, a traffic signal is needed at the intersection of Verbena Drive and Miles Avenue. This would be a relatively simple signal operation with the pedestrian crosswalk placed across the east leg of Miles Avenue. The vehicular movements, which are limited 'to right -turn only to/from Verbena Drive and westbound left -turns into the school's entrance, would Desert Sands Unified School District 1 Austin -Foust Associates, Inc. (AFA) Pedestrian Access to John Glenn N iddle/Amelia Earhart Schools 76WO74U.doc . 16 80 �1 2rN3AV' 5:11W dio,� I �, — 16 , // /// r mcwi =ro d . 8 N /amQrrid uaim o In g Jar ,n lS.� '.MOQI1'd >>nll�1 0 g - d g i f pp s on ~ t J W N 10 Id �L a Wb op �t 1 g r � h W F%6 17 j) remain unchanged. However, a simple pedestrian crossing signal would be installed that stopped the eastbound and westbound traffic on Miles Avenue. This would leave access to/from the school entrance and exit driveways unaffected, except that exiting traffic would see gaps in eastbound traffic stopped for the pedestrian signal, thereby assuring easy discharge of the parking lot. Thru-traffic on Miles Avenue would be stopped, but only to allow pedestrians to cross in controlled groups rather than randomly. The resulting delay to motorists would be minimized and perhaps even improved over the existing uncontrolled situation. In either case, the signal would not create any significant congestion or delay to Miles Avenue and the school's two driveway operations (both entry and exit) would be facilitated. Amelia Earhart Elementary School Analysis Amelia Earhart Elementary School (AEES), with its 670 students, is situated on Dune Palms Road directly across the street from Desert Crest Drive, a quiet residential street as indicated on Figure 2. Two vehicle accesses to the site are provided on Dune Palms Road south of Desert Crest Drive. One driveway serves the parent access/student drop-off and visitor parking lot. The other driveway is bus/faculty parking only. The parent drop-off/visitor parldng driveway exit is limited to right-tum only, but there is no physical median barrier (other than signing and school administrative pressure) to enforce this restriction. Field observation reveals there is a need to accommodate pedestrian crossings of Dune Palms Road at some location in front of the school. Three potential locations for signalization were identified. These are: 1. The parent/visitor driveway 2. The Desert Crest Drive intersection 3. A midblock location on Dune Palms Road north of Desert Crest Drive Vehicle counts of the peak morning arrival and afternoon departure (including Kindergarten at lunchtime) were obtained in December 2002 (see appendix). These counts indicate peak activity occurs during a 30-minute period in the AM, beginning at 8:25 AM and 40-minute period in the PM, starting at 3:00 PM. During these periods a peak five-minute arrival rate of 59 vehicles (12 vehicles per minute) and peak five-minute departure of 77 vehicles (15 vehicles per minute) were observed. Desert Sands Unified School District 3 Austin -Foust Associates, Inc. (AFA) Pedestrian Access to John Glenn Middle/Amelia Earhart Schools 766007Rpt2.doc 18 9 3nN3Av 5—IIW /111�I�IIIIf11l III 19 EVALUATION OF POTENTIAL PEDESTRLAN SIGNAL LOCATIONS The right -turn only restriction for exiting the parent/visitor driveway largely disqualifies this location as a potential signalized intersection since the exiting movement would be right -turn only which can be completed on the red indication. In addition, there is a crest vertical curve in Dune Palms Road, which obscures a motorist's vision of any marked crosswalk or small children crossing at this location. Similarly, placement of a pedestrian signal northerly of Desert Crest Drive means children coming from the south have to pass their main destination to cross the street then walk back. Experience shows it requires a major effort on the school's part to ensure children follow such a circuitous and out -of - direction path to safely cross the street. As a result, it is concluded that most practical location for a pedestrian signal is across the north leg of the Desert Crest Drive intersection. Placing the crosswalk on. the north leg eliminates the possibility that motorists turning right on red from Desert Crest Drive will accidentally hit a pedestrian. All too often pedestrian accidents at signals are a result of right -turns on red. In addition, when left -turning motorists are exiting Desert Crest Drive they have a clear view of the crosswalk and can yield to pedestrians. Finally, this location provides the best visibility due to the crest vertical curvature in Dune Palms Road. Installation of a new pedestrian crosswalk at this location will require a new sidewalk to be constructed on the school grounds which leads directly to the area in front of the Administration Building. USE OF LARGE PARIMTG LOT A Parent/Teacher Organization (PTO) suggestion has been received in which it is proposed to utilize the large parking lot (i.e., the one located between John Glenn and Amelia Earhart) for parent drop-off instead of bus loading. A review of this conceptual circulation change reveals it simply makes a longer on -site queue for student drop-off and does not address the root problem - - access to/from Dune Palms Road. Currently, the student drop-off involves a right -turn from Dune Palms Road, a counterclockwise circulation and a right -turn exit back onto Dune Palms Road. This type of circulation -pattern is what has traditionally proven most successful at elementary schools. In reality, the PTO suggestion also uses the same concept - - i.e., counterclockwise circulation. However, the driveway on Dune Palms Road is full access with both left and right turns permitted. Allowing left turns would seriously restrict the capacity of this critical "choke point." So, while the PTO idea provides more on -site storage, it also limits the capacity of the main entrance/exit point, which is the critical issue during the peak 10 to 15 minute period. Desert Sands Unified School District 5 Austin -Foust Associates, Inc. (AFA) Pedestrian Access to John Glenn N iddle/Amelia Earhart Schools 7660071�a oc 20 �, CONCLUSION In summary, it is concluded that school pedestrian signals are justified on Miles Avenue at Verbena Drive (across the east leg) and on Dune Palms Road at Desert Crest Drive (across the north Ieg). Similarly, the use of the large parking lot with its full access entrance on Dune Palms Road is not recommended since the loss in capacity would more than offset any increased on -site storage that results. Desert Sands unified Schnnl District 6 Aiictir_Pmict Accp_iaticTnr (APAN Pedestrian Access to John Glenn Middle/Amelia Earhart Schools 7 1W7Rpt2.doc i7 V APPENDIX 22 � �� CrN: INDIO AMELIA EARHART ELEMENTARY SCHOOL Start 9:00 Out 3:25 Enrollment 670 FILENAME: 1211004A DATE: 12/13/01 DAY: THURDAY EsW ?TflTA •20 8 0 1 0:, :25 32 2 8 0 :30 - 40 3 36 0 :35 41 0 35 0 _Q �'.� '. �6y.w.•. i :40 38 0 29 0 6T M :45 40 1 40 0 01-5-: . :50 59 1 62 0 :55. 47 0 60 0107� 9:00 8 0 8 0 :05 11 0 2 0 WPM : 10 It 5 0 1 "M ��`� .�-6fi': 60 629 �w 336 7 286 0 629 PM 10ndergaeden Starts 11:15 10.30 ` 14 0 3 0 :35 2 0 3 0 :40 4 0 1 0 tir. :45 0 a 0 0 :50 1 0 0 0 :55 7 0 4 0 9150- 1 == 11:00 5 0 1 0 :05 6 0 4 0 :10 15 1 7 0 ,2.�•y3;'' :15 8 0 28 0 � 3iw :20 4 0 6 0 f� �SF % ' '' -•ci :25 4 0 1 0 '7"f :'' ti- a •. net . ..y.�; :-..ti 9r% 23 `' V CITY: INDIO AMELIA EARHART ELEMENTARY SCHOOL Start 9:00 Out 3:25 Enrollment 670 FILENAME: 1211004A DATE: 12/13/01 DAY: THURDAY I-- AU1rinr1arnard&nna*4s1f% -- 1 $ 1 � 1 1 7 I ~of 'A -'2 C I LILII 1-11L 'Mum ffAK MW1 PI'3,.w3*m 237- 7 329 0 573 GRAND 740 21 786 3 1550 TOTAL 24 97 CITY: I INDIO JOHN GLENN MIDDLE SCHOOL Start 7:30 Out 2:04 Enrollment 1038 FILENAME: 1211005A DATE: 12/13 ' /01 DAY: THURSDAY t.-TOTACY.' 6:40 9 0 3 "715 �-W IN . :45 6 0 4 0 . . . . . . . . . :50 12 0 6 0 :55 13 2 10 0 7:00 31 1 22 0 Wo 51 05 31 0 23 0 -� S`=: AM 41 0 29 0 :15 .3. 62 , 0 49 0 1 :20 82 2 70 1 :25. 136 1 123 1 M -2 " :30.. 68 2 63 2135 :35 1 14 0 `413 - :40 8 7 0 4 4 0 1 0 :50. 5 1 3 :55 4 0 2 0 PS" H" A GIM-11:40 N S03 10 420 4 937 :45 10 2 2 :50 12 1 3 0 V � :55.1 18 2 7 lid 2:00 14 2 7 :05 37 1 34 0 :10 27 0 45 0 :15 11 0 34 0 :20.. 16 0 34 0 :25-1-3 13 0 19 0 2M :30 10 0 19 :35 6 0 16 0 .... .. :40 7 0 18 0 move" PFAK W" "A 1:4&14 181 8 238 3. 430 98 25 .� • 1; �� ^ .gyp•+.. .� � - -. � � • , + •t • fit• •ai`��p�a� � I �r�_ _xs `- i r Y �•� V. �s t'_ y . `-mil. 1 •• �� _ � �. Aft i tit •� ` �� . ,_ _ �' " - ' V s!-' � j���6QrT��•' r M%left l Y - � � -• _ • .. . A.r. - "S a y � -17 t• IL _r �17 _ 1 Ak '� . 4-t•+p„ �►'...t -.. ;-cry- :' o _rr_.t ' 'ti. �� .a. t •6 : ... "iYi. -t �t4- � .- t_J_'�J' .. t �L�•� � rj -��j ^-�, ::ram or i6 'ter! M �� Mai 'f%• �`. it Al IL �r.;�_-=-tit'. rq,='_-«• -.r- .sue:—r-'—'""-.r ��,,,,7„�•!y�'%[ -... �.d.n.. FY03/04 Safe Routes to School Program Miles Avenue/Dune Palms Road Pedestrian Crossings Parent and student crossing in front of traffic at AEES just north of Desert Crest Drive Parent and students crossing Dune Palms Road north of Desert Crest Drive 5 30 1 tD 3 &sue" -may' ���ts ��,�� � ` �� a.�►'��! ►��� { �. ! � • � 1 lit 01 p %-%� '1jr v I I - aw- ;.ON— 7 +-�`_►� _: -ice _ 10- TV Lf 0.11tv pot 14 ell 1. .0 mi - " .:�. � � !�- .� � _�. � �- 1 4 � _ , � �. .. - '\� � _. � - ., ors +�rt�� � � • � � _ KIT r-17.1.rim - _- avr ...i - MILES A --- _ _ ' - � `- ♦ a i y _� r' � �� F_`,�. � �. \tom ��" �• ._-�'."�"" r- •, `� s 'A jit . 1 i - _ �` �' ��, � �-1E���. _� � '�e .�`'1�r��iF •�! may. • �+�-�: � e � - -� t �~" + t•1N+ •` -- _ate 'Y. ^yt+►s=. ��+ � � +' ����y � '.ram ..� ' . • � . . t> OLJohn Glenn Middle School ry •.,Aid 4 ' A ♦ -. 41 _ 4 Al _ w r#lk y ' tAt i GAW 49 ".'. �_ :�! �..� -.-v �r—••.��� _ . �tlt�r tea. "_i*lY":r ... _ - �M ... _ • t t JEFFERSON ST - l :y i � �� 1 * � l ! jv � � ? j _ 1. ...+.. Wit\-- ` .--�f � 4 ��1�� :..- -� _ - } + � - r �� �• �: ML- -'.iS• .� + .� _ r ► CIE - - �-- \.r iW �1. .t �' •-a • fit. �. -5►� �r �%•!+`� • � a_ _ it �'• � e �► +� << Z VERBENA DR �� f loaf • low ,r s ' A6_ -DUNE PALMS R qMMMMW y i r b? Frp tLpro t = l' • r T -4 IT * a CALLE SONRtSA ; i MILES AVE r' —• _ —. -� __ - - - • .tea.•,,•` - _ "�.+.: � .... AW , NIV., Amel" - Demen*ary School ,• 1 f Opq Cn ' •� F j ttCD �' t. ft�4j f + DESERT CREST DRn tit �,.�?►f _ �. in !1 • ' ,. _."fir all ty a • - " -+ �� ; f / m ( , DESERT ROCK C T t t r 0 Aw. ; 't • DESERT STREAM DR � 4 w s ATTACHMENT 2 Project Schedule 34 ..................................................................................................... ems- N CY Z♦Cif o vO co O N U< M ao 40 M min >N :3 m am ot 40 N ` ..... ...... N m � ..... : N N a O.....� W N 0 O O N ma r' CC) � _ �c M a A > V ..... .. �...................................................................... •v Q� Z N w w w C� Z -1� rt5 4O o o _ CO Q _ M a N mo co rn N ao a ti e- ti N O M ` O C v o`o moo ti 0)V- rn O JZ� J w C_ C a O a 7 _ 7 7 N a N N C LL 7 ~ C LL C O c O H c LL •c LLcl) O c O w a Q = W Q - LL O ~ r ~ F? m 2 ~ LL g I-V>J2 z0wZ Cl) f- Q J g ti V, r- N o �- C c\ •- a •- s N m j in mD m�G m�0 t�G m�D C� O O m0 LU > Z LL P. Q_ a r a T a e- a r- �, 7 mm) C N .. O fn 4) O c c O mU 7 7 H C C O a O O= O fn d U. a) ? ~ LL �' to H °� ° t U87 wU_ww LL can a` as m m m m >, v m m m m >. v m mn m m m m v rn m mCD •o m m >► -v m -o mn m mn m 'a >. v N m >. v F- w - I- W Q c 'p 'D m[) 'D 'o N v N v O v O v M v r v N r. O w N CO Cl) LU N mh m0 LU J_ O _ Q - O _ fn a0 L O w a t; ° co cmN C V C N N 4 ami a c w V c c E y c� a c m c w Q a a Q w Q N 4) E m�mf 0 rn LL c °' a`�i c a > ca m my 2 >o `c• aai aci p a E 0 N > � ° a� o 2 y c a a a� Q m '° m a o U 12 N ° ° 4 E .. n > o °' m a a rn U 4 a� m_ m Q m 0 o U ° W mU .. a E c LaL a>'i m vyi — •� c3 w LaL m Q •� a 3 o Q c o �o rn y OC c m c Q m a� o' c a m ° c m N � c Q 0 c ° U 2 2 U Cl) m w m m`o m U m v a a v¢ O m a a v c c� v m o LvM rn z lie y a v a v¢ cmn a 3) ins t� c� a` a �a I— N! cn .r- V LL e- N cM v O mO f.- w mn O e- T- r. N T— M T— T' T— Ln e- m0 �- I- �- moo e- T- O N 04 N N N 2 d `O � JL 0 ATTACHMENT Professional Services Agreement 36 '. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. Base -con. rev Page 1 of 8 37 1.10 13 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 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. B Page 2 of 8 Base-consev 1 1 38 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. b. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 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 Base-con.rev Page 3 of 8 39 primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. 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. Paof 8 ` Base-con.rev 40 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to 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 Base -con. rev Page 5 of 8 41 l� law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not 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 Base -con. rev Page 6 of 8 42 I J approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 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 To Consultant: Attention: Base-con.rev Page 7 of 8 43 116 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or'sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date: ATTEST: June Greek, City Clerk Base-con.rev Page of 8 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT By: Name: Title: Date: Base-con.rev Page 9 of 8 45 18 Exhibit A Scope of Services 46 11� Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Dollars ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. 47 L 2 0 Exhibit C Schedule of Performance Consultant shall complete all services within date of this Agreement. ( ) days of the 48 1 Exhibit D Special Requirements 14.4. 49 .. . . . . . . ..... s 4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 6, 2004 BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the 600 Finance Director to Attend the 2004 Government CONSENT CALENDAR: Finance Officers Association (GFOA) Annual STUDY SESSION: Conference in Milwaukee, Wisconsin, June 13 — 161 2004 PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for the Finance Director to attend the four -day 2004 Government Finance Officers Association (GFOA) Annual Conference in Milwaukee, Wisconsin, 2004. FISCAL IM PUCATIONS: Costs associated with attending the Conference will be f unded through Fiscal Services Training & Meetings, Account No. 101-151-637-000. This conference w as budgeted in the 2003/2004 Fiscal Year Budget at $2,300. The breakdown of expenditures anticipated for this conference is as follows: Conference Enrollment - Early Registration Transportation/Overnight Lodging/Meals Total CHARTER CITY IM PUCATIONS: None. BACKGROUND AND OVERVIEW: $ 295.00 2,005.00 $ 2,300.00 The four -day 2004 Government Finance Officers Association (GFOA) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1. 123 All FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve authorization for overnight travel for the Finance Director to attend the four -day 2004 Government Finance Officers Association (GFOA) Annual Conference; or 2. Do not approve authorization for overnight travel for the Finance Director to attend the four -day 2004 Government Finance Officers Association (GFOA) Annual Conference; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2004 Government Finance Officers Association (GFOA) Annual Conference Agenda 2 124 PRELIMINARY SCHEDULE OF EVENTS ATTACHMENT 'I All preconference seminars, conference sessions, meeting, luncheons, and exhibits will be at the Midwest Airlines Center, 400 W. Wisconsin Avenue, Milwaukee, WI 53203. FRIDAY, JUNE 11 !' 8:30 a.m. — Noon and 1:30 p.m. — 5 p.m. 1:30 p.m. —•2:30 p.m. Certification Exams Concurrent Sessions 1 p.m. — 5 p.m. 2:45 p.m. — 3:45 p.m. Preconference Seminar: Concurrent Sessions Win -Win? Labor and Management 9 a.m. —10 a.m. Cooperation Strategies 4 p.m. — 5 p.m. General Session Black Caucus Meeting 1 p.m. — 5 p.m. Open to all conference attendees P 10:15 a.m. 11:55 a.m. Preconference Seminar: Concurrent Sessions Intergenerational Leadership 6 p.m. — 9:30 p.m. GFORs Welcome Reception 12:10 p.m. —1:40 p.m. SATURDAY, JUNE 12 Annual Business Meeting 9 a.m. — 5 p.m. MONDAY, JUNE 14 and General Luncheon Preconference Seminar: 8 a.m. — 4:30 p.m. What's Wrong With Budgeting? Registration Open 1:55 p.m. — 3:35 p.m. (And How to Fix It!) Concurrent Sessions 8:30 a.m. —10:15 a.m. 9 a.m. — 5 p.m. Opening General Session 3:50 p.m. — 4:50 p.m. Standing Committee Meetings — Discussion Groups GFOA committee meetings are 9:30 a.m. —1:30 p•mm open to all GFOA members. and 3:30 p.m. — 5:30 p.m. 3:30 p.m. — 4:30 p.m. Exhibits Open FOCAL Team Meeting 10 a.m. — 4:30 p.m. Registration Open 10:30 a.m. — 12:10 p.m. 7 p.m. —11 p.m. 1 p.m. — 5 p.m. Concurrent Sessions Milwaukee Public Museum Treasures of Ancient Egypt exhibit Preconference Seminar: 12:10 p.m. —1:10 p.m. Milwaukee Local Conference Managing Complex Technology Lunch With Your Colleagues Committee Event (Tickets required) Projects (Delegates Only) WEDNESDAY, JUNE 16 SUNDRY, JUNE 13 1:25 p.m. — 3:05 p.m. 8:30 a.m. - Noon 9:30 a.m. — 4 p.m. Concurrent Sessions Registration Open Registration Open 3:20 p.m. — 5 p.m. 8:30 a.m. —10:10 a.m. 9:30 a.m. — 5 p.m. Concurrent Sessions Concurrent Sessions Exhibits Open TUESDAY, JUNE 15 10:25 a.m. —12:05 p.m. 10 a.m. — Noon 8 a.m. — 4:30 p.m. Concurrent Sessions Technology Resource Group Registration Open Meeting 8 a.m. —11:45 a.m. 12:30 p.m. — 1:30 p.m. and 1 p.m. - 3:30 p.m. Womens Public Finance Exhibits Open Network Meeting -Open to all conference attendees CONCURRENT SESSIONS: Accounting, Auditing, and Financial Reporting This year's sessions will offer in-depth cov- erage of crucial pending changes in author- itative standards that will mandate the accrual of the cost of postemployment health care and similar benefits, significant- ly modify the contents and format of the statistical section of the comprehensive annual financial report, and require the recognition of impairments affecting capital assets used in operations. Key auditing developments also will be examined, including the latest changes affecting Single Audits and the auditing profession general- ly. In addition, sessions will explore strate- gies for dealing with a variety of practical challenges that confront financial statement preparers in the wake of recent GASB pro- nouncements, as well as offer insights on a range of topics from popular reporting and costing to financial statement analysis and school district accounting. Budgeting and Financial Planning Governments are under increasing pressure to develop budgets that address strategic priorities amid ever -decreasing resources. Budget and finance professionals must lead the way in helping elected officials and gov- erning boards make difficult yet responsible decisions regarding the use of current resources and long-term financial planning. This track will provide attendees with prac- tical insights into budgeting in difficult times. Esteemed practitioners will lead dis- cussions on traditional and contemporary areas of emphasis, such as strategic plan- ning, performance management, cutback management, priority setting, revenue fore- casting, and the application of technology in financial planning. Cash Management and Investing Economic uncertainty and the current inter- est rate environment underscore the need for safe and effective -cash management practices. The cash management and invest- ing track will explore new ideas for improv- ing treasury operations in one of the most turbulent periods in recent memory. Economists will provide forecasts of eco- nomic growth, interest rates, and inflation, and experienced portfolio managers will recommend prudent investment strategies for todays interest rate environment. This year's sessions will also highlight several innovations in the treasury field, such as purchasing cards, Internet auctions of fixed income investments, and a new option for expanding FDIC coverage for public funds. Debt Management Issuance levels in the municipal debt mar- ket continue to reach record levels. More than ever before, finance officers must have a strong background in all aspects of debt management. This year, experts in government and from the private sector will come together to examine the latest trends in the municipal market, the role of debt in economic development, consid- erations in bringing an issue to market, the use of structured products, strategies. for successfully managing a debt portfolio, and compliance with disclosure and arbi- trage regulations. Management and Policy The events of the last few years have under- scored the indispensability of knowledge- able, trustworthy government finance offi- cers. The role of finance officers now extends far beyond traditional finance and accounting responsibilities. While this development has made our profession more interesting and challenging, it has also cre- ated the need for training financial practi- tioners in new skill sets. This year's sessions and discussion groups will offer advice on how to successfully meet the managerial and leadership challenges facing finance officers today. Pensions and Benefits Governments are facing the "perfect storm' for the delivery of pension and health care benefits. During a time of severe fiscal pres- sures, governments are being forced to pay more for the ongoing costs of pension ben- efits and health care insurance. These pres- sures are causing governments to take a hard look at their compensation structures in an effort to identify ways to better man- age the costs of human resources. The pen- sions and benefits track will deliver concrete ideas, strategies, and tactics for helping finance officers and pension plan adminis- trators navigate through these stormy times. Technology and Digital Government Technology continues to play a leading role in reshaping how governments operate and do business with citizens. Enterprise resource planning (ERP) systems were the first step to creatinga digital backbone for government operations. With that back- bone in place, many jurisdictions are now applying technology to a much broader range of areas beyond traditional finance. In addition, governments facing the chal- lenge of retaining technical expertise are examining new IT delivery models such as application management outsourcing. This track will highlight lessons learned by pub- lic agencies in their continuing efforts to use technology to streamline operations and promote positive organizational change. 126 4 REGISTER ONLINE AT SAVE MONEY BY REGISTERING NOW REGISTER ONLINE AT NVWW.GFOA.ORG Register online at www.gfoa.org or fill out the form in this brochure and mail or fax it to GFOA. Phone registra- tions cannot be accepted. Check the registration discount dates and save money by registering early. 1 Registration fees include Monday and Tuesday luncheons for delegates and the Sunday Welcome Reception for delegates and guests. 1 Guest registration: Conference ses- sions and the luncheons on Monday and Tuesday are not open to guests and children. Guests will be admitted to the Sunday Welcome Reception and the exhibit hall. There is no reg- istration fee for guests or children, but they must be preregistered. 1 Registration fee discounts: To qualify for fee discounts, payment must be received by the deadline dates listed. Additional discounts: You will receive a 10 percent discount on both your conference and preconference seminar registration if one of the fol- lowing conditions applies: a) three or more people from your jurisdiction are attending the annual conference (registrations must be submitted together) or b) you are attending two preconference seminars in addition to the annual conference. 1 Substitutions (government entities only): A one -for -one substitution of a nonmember for an active member is allowed. If your organization has a current GFOA member on the staff who is not attending conference, a nonmember may attend in his or her place at the lower member rate. Please provide the name or the mem- bership number of the GFOA member. BADGE MATERIALS Badge materials will be mailed within three weeks of the annual confer- ence. You also will receive an e-mail with logistic details before you leave for Milwaukee. PARKING Parking is available around the con- vention center and throughout the city. Visit www.parkmilwaukee.com to learn about parking options near the Midwest Airlines Center and in down- town Milwaukee. EASY TO GET THERE GFOA has arranged the following discounts for conference travel: Airline Travel Code American Airlines A4164AA 800/433-1790 Midwest Airlines CMZ1307 800/452-2022 (or online at www.midwestairlines.com/conventions) Northwest Airlines NM3LS 800/328-1111 United Airlines 523AD 800/521-4041 Please contact the airline directly. You may also secure your needs with Michael Bosse at Big Tomato Travel: 888/866-2865 or bigtomatotravelc®aol.com. For those traveling by rail, visit www.amtrack.com or call 800/872-7245. REGISTER TODAY TO TAKE ADVANTAGE OF DISCOUNTS! Important Action Dates January 30, 2004 First discount deadline March 26, 2004 Second and final discount deadline March 27, 2004 Full registration fee required Cancellation and Refund Policy Conference and preconference seminar cancellations, registration changes, and refund requests must be made in writing to GFOA. March 27, 2004 Cancellations post- marked by this date will be refunded, less a 25 percent service fee April 26, 2004 Cancellations post- marked after March 27 but by April 26 will be refunded, less a 50 percent service fee April 27, 2004 No refunds will be issued from this date forward MILWAUKEE TOURS AND EVENTS Information on how to obtain tickets for the Tuesday evening event, and other conference events and tours, will be posted at www.gfoa.org. REGISTER ONLINE AT HOTELS AND HOUSING WHERE TO STAY WHILE IN MILWAUKEE GFOA has made special arrangements with area hotels to offer attendees and their guests discounted rates while attending the 2004 GFOA annual con- ference. Availability of all conference hotels is on a first -come, first -served basis and will be handled by the Greater Milwaukee Convention & Visitors Bureau, GFOA's Housing Bureau. Participating hotels will not honor direct reservations and published room rates apply only to rooms reserved through GFOA's Housing Bureau. All reserva- tions must be made by May 9, 2004. Following receipt of your reservation, GFOA's Housing Bureau will e-mail or fax your hotel acknowledgement within 5 —7 business days. To thank attendees for using GFOA's Housing Bureau, the Greater Milwaukee Convention & Visitors Bureau has put together the "Genuine American Experience Booklet," which is valued at more than $450. This booklet is full of tremendous two -for -one and 50 percent off offers to area arts and attractions. This booklet is available only to those attendees who secure their reservation through GFOAs Housing Bureau. GFOA offers a variety of hotels in the Milwaukee area to meet the different needs of each attendee and their guests (see Hotel Amenities on page 8). Rates do not include hotel tax, which is currently 14.6%. HOUSING POLICIES 1 Reservations cannot be accepted through travel agencies. 1 A deposit of one night's room and tax must be submitted with your housing form. 1 If paying by credit card, your credit card will be charged upon processing your reservation by the hotel. 1 Your must be registered for GFOA's annual conference prior to submitting your housing reservation. 1 If you do not register for GFOA's annual conference, a higher hotel rate will apply. 1 Please print/type all items on the housing form to ensure accuracy. 1 Complete each portion of the form for accurate and rapid processing. 1 You will receive a confirmation for your housing and a separate confir- mation for your registration. 1 Reservations must be made by May 9, 2004, to receive the discounted rates. GUARANTEEING YOUR ROOM RESERVATION A deposit of one night's room and tax is required to reserve your room. The deposit can be made by credit card or check. Acceptable credit cards are American Express, Diner's Club, Discover, MasterCard, and Visa. If you are paying by credit card, please provide all requested information. Your credit card will be charged upon processing your reservation by the hotel. If you are paying by check, please make check payable to GFOA Housing Bureau and mail to 101 W. Wisconsin Avenue, Ste. 425, Milwaukee, WI 53203. All checks must be in U.S. funds. CHANGES AND CANCELLATIONS Changes and/or cancellations made prior to May 9, 2004, can be made directly to GFOA's Housing Bureau online at www.gfoa.org, by fax (414/273- 4248), by mail to GFOA Housing Bureau at 101 W. Wisconsin Ave., Ste. 425, Milwaukee, WI 53203, or by phone (800/578-0111). Cancellations made after May 9, 2004, will incur a $25 cancellation fee. Reservations made close to this date are still subject to the cancella- tion fee. Non-refundable dates for deposits vary by hotel; please review the cancellation policy on your hotel confirmation. REQUESTS FOR SUITES Requests will not be honored until your registration form has been received by GFOA. Please e-mail GFOA at Conference®gfoa.org for rates and availability. Deposits are required for suites. GFOA CONFERENCE SHUTTLE GFOA will provide complimentary shuttle service from the Midwest Airlines Center to the following GFOA Conference hotels: (Downtown Hotels) Ambassador, Astor, Executive Inn, Metro, Park East, and Pfister; (Airport Hotels) Sheraton Four Points, Best Western, Clarion, Holiday Inn, Ramada, Radisson, and Comfort Suites. A conference shuttle and route schedule will be available in your on - site conference program, at GFOA's Registration Desk, as well as in the lobbies of the participating hotels. 108 w © I REGISTER ONLINE AT WWW.GFOA.ORG (4)GOVERNMENT FINANCE OFFICERS ASSOCIATION REGISTRATION FINANCING THE FUTURE OF GOVERNMENT GFOA 98th Annual Conference— Milwaukee, Wl June 13 —16, 2004 1. CONFERENCE/PRECONFERENCE REGISTRATION Ifyou are faxing this form DO NOT MAIL ORIGINAL Fa 7 mr azrpt d with cm& card payments o4 -------- i r i I s Please affix your mailing label here, and make any changes to your record in the spaces provided at left. i r i r l t r ------------------------------------------------"--i First Name MI Last Name (Nwsr privet or ripe) 4. CONFERENCE REGISTRATION FEES Early Registration Fee (postmarked and paid Advanced Registration Fee (postmarked and paid Full Registration Fee (postmarked and paid by January 30, 2004) by March 26, 2004) after Much 26, 2004) ❑ $310 ❑ $345 ❑ $390 Active member ❑ $360 ❑ $405 ❑ $475 Associate member ❑ $415 ❑ $450 ❑ $495 Nonmember public sector ❑ $585 ❑ $615 ❑ $685 Nonmember private sector I ❑ $125 ❑ $130 ❑ $140 Student (fiill-time, unemployed only) Tide/Position 5. NEW MEMBER FEES Member type (check one): ❑ Active O Associate ❑ Other Organization/Company For new membership dues call GFOA at 312/977-9700 and we will fox you the lee schedule, or visit GFOA; Web site, wisw.iZosors All fees are payable in U.S. funds for all regular lees except for Canadian govern- ments which may pay membership fees in Canadian funds. Mailing Address 6. TOTAL FEES — REQUIRED City State/Province Zip/Postal Code Country ra mediod o font (All fees in U.S. dollars unless noted) Enter fee amounts: Telephone Fax Preconference seminar(s): $ e-mail Address (Rrgwind Cowf mwe wpdaxr wiB be e-mai4d) Preferred Name for Badge p Indicate if you are substituting for an active GFOA member. Name of active »umber 2. GUEST REGISTRATION Print name(s) of guest(s) and/or children) and the age of the children) 12 or under. Please attach additional names if needed. Guest(s): First Name Last Name Name Child(ren): Last Name First Name Last Name Age First Name Last Name Age 3. PRECONFERENCE SEMINAR REGISTRATION Precon&rence seminar registration and fees are separate from annual conference registration and fees. Check the seminar(s) of your choice: ❑ Win -Win? Labor and Management Cooperation Strategies [half day, Friday, June 111 p Inter$enerational Leadership [half day, Friday, June 111 ❑ What's Wrong with Budpu* (And How to Fix Id) [full day, Saturday, June 121 ❑ Managing Complex Technology Projects [half day, Saturday, June 121 Check rate below: Member Nonmember (See discouna in Section 6)** 0 Full -day seminar $295 $ 410 ❑ Each'h-day seminar $145 $ 250 • Conference registration: $ New member fee:* $ Discount:** $ !_ ) Total fees: $ '• You will receive a 10 percent discount on both your conference and preconference seminar registration if one of the following conditions applies: a) three or more people from your jurisdiction are attending the annual conference (registrations must be submitted together) or b) you are attending two precon- ference seminars in addition to the annual conference. GFOA, 203 N. LaSalle., Suite 2700, Chicago, IL 60601-1210 ,Mail: Conference@gfoa.org Web: wwwgfoa.org Tel: 312/977-9700 Fax: 312/977-4806 GFOA Tax IDt 36-2167796 (GFOA is unable to fat confirmations due to the volume of regimationL) Register online at the a -Store on GFOAes Web site, www.gfoa.org 7. METHOD OF PAYMENT — REQUIRED Plkau chick one. ❑ Payment by check All registrations prepaid with check should be sent directly to GFOA. Dept. 77-3076, Chicago, IL 60678-3076 ❑ Payment by credit card All registrations prepaid by credit card should be sent directly to GFOA, 203 N. LaSalle St., Suite 2700, Chicago, IL 60601-1210 (fax: 312/977-4806). O Amex O Diner's Club ❑ Discover ❑ MasterCard 0 VISA Card # Expiration date (mandatory) Print cardholder's fill name. p Bill- me EO. # All billed registrations should be mailed to GFOA, 203 N. LaSalle Street, Suite 2700, Chicago, IL 60601-1210. See page 6 for cancellation policies. 0 1 REGISTER ONLINE AT WWW.GFOA.ORG 129 (10GOVERNMENT FINANCE OFFICERS ASSOCIATION HOTEL AND HOUSING FINANCING THE FUTURE OF GOVERNMENT GFOA Nth Annual Conference — MikvauMe, wf June 13 —16, 2004. Official Housing Form — Housing Registration Closes May 9, 2004 GFOA Housing Bureau, 101 W. Wisconsin Avenue, Suite 425, Milwaukee, WI 53203; phone 800/578-0111; fax 414/273-4248 Z First Name: Last Name: 0 QCompany: Address: 0 City: State/Province: Z 1 � Zip/Postal Code: Country. V7 ' LY Day Time Phone: Fax: D to e-Mail: PLEASE COMPLETE ALL OF THE INFORMATION BELOW Leaving a question unanswered may delay the processing of your housing reservation. Hotel reservations are made on a first -come, first -served basis according to room availability. Using the Hotel Chart on page 8, please indicate your top 4 hotel choices. To ensure proper accommodations, please indicate your 11, 2°", 3rd, and 41hchoice hotel. See pages 7-8 for hotels. is If your first 4 hotel choices are not available, which is Z 0 2°" more important: 31a ❑Rate ❑Location Q 7 4& cc O Total Number of Guest(s) in Room: Include yourself in this count 1 ❑ 2 ❑ 3 ❑ 4 ❑ LI. Z Guest Names: 1 Arrival Date: J W 2 H O 3 Departure Date: 4 Number of Beds: 1 ❑ 2 ❑ ❑ Wheelchair Accessible Room ❑ Smoking ❑ Non Smoking Additional Requests: A deposit of one -night's room and tax is required to reserve your room. The amount of deposit will vary depending on where your reservation has been made (see page 8 for hotel prices). This deposit can be made by major credit card or by check. Z ❑ Check, please make check payable to: GFOA Housing Bureau, 101 W. Wisconsin Avenue, Suite 425, Milwaukee, WI 53203 0 ❑ Credit Card. Indicate Form of Payment: ❑ Amex ❑ Diner's Club ❑ Discover ❑ MasterCard ❑ Visa CQ If paying by credit card, you can go online at www.gfoa.org and reserve your room or fax your form to 414/2734248 G Credit Card Number: Exp. Date: 0 ZName as it Appears on Card: i!— Ln Signature: QGFOA'r Horning Bureau u audm ized to we this credit card ixfonnaam to mcwr my haul re mwoon a LY Canceffation/Changew All canKUat one made a, fir May 9, 20U$ umM incur a ,i25 tanalkdox* Cancelladons/changes made prior to May 9, 2004, can be made online at www.gfoa or& faxed to 414/273-4248, mailed to the address listed above, or phoned in to 800/578-0111. Cancellations/changes made after May 9, 2004, MUST be made directly with the hotel where your reservation has been secured. All reservations must be processed through the GFOA Housing Bureau. If you are sharing a room, send only one (1) housing form with the names of all the persons occupying the room. GFOM Housing Bureau will acknowledge reservations within 5-7 business days upon receipt of this form. Only reservations received by the GFOA Housing Bureau by May 9, 2004, will be processed. 8 REGISTER ONLINE AT O AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 6, 2004 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community PUBLIC HEARING: Development Director; and Planning Commissioners to Attend the League of California Cities Planners Institute to be held in Monterey, California, March 31 to April 2, 2004 RECOMMENDATION: Approve authorization for overnight travel for the Community Development Director, and Planning Commissioners to attend the League of California Cities Planners Institute, in Monterey, California, March 31 to April 2, 2004. FISCAL IMPLICATIONS: The costs associated with conference attendance for the Planning Commission and Community Development Director will be funded through the Community Development Administration travel, training, and meetings Account #101-401-637-000. The estimated expenditures are as follows: Registration Hotel reservation Travel Meals TOTAL $ 450 $ 465 $ 300 $ 150 $1,365 per person CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for staff and the Planning Commission to attend this conference. The three day conference focuses on planning issues affecting local governments. In addition, it provides separate specific programs for staff and Planning Commissioners. Conference information is provided in Attachment 1. 1?1 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Development Director, and Planning Commissioners to attend the League of California Cities Planners Institute, in Monterey, California, March 31, to April 2, 2004; or 2. Do not approve authorization for overnight travel for the Community Development Director, and Planning Commissioners to attend the League of California Cities Planners Institute; or 3. Provide staff with alternative direction. Respectfully submitted, PrryHeran unity Development Director Attachment: 1. Conference information Approved for submission b Thomas P. Genovese, City Manager 13' ATTACHMENT #1 E t P Wednesday, March 31 - Friday, April 2, 2004 Monterey Conference Center, Monterey You Will Want To Attend If You Are A... ➢ Planning Commissioner ➢ Commissioner for Transportation, Historic Preservation, or Architectural Review ➢ Planning or Community Development Director ➢ Land Use or Transportation Planner ➢ Mayor or Council Member or City Manager wanting to keep abreast of planning issues You Will Benefit From This Program By... ➢ Attending briefings and seminars on a wide array of current planning topics ➢ Networking with other commissioners and professionals to share ideas and solutions to make your job easier Three ways for Conference Registration: -Register online at www.cacities.or /eg vents -Fill out and Fax us the Registration Form -Mail us the Registration Form 133 Program Matrix for Wednesday thru Friday (Because of the large number of concurrent sessions, we are unable yet to provide a day / time schedule of these sessions. Please watch the program develop as times and speakers are confirmed on our web site at www.cacities.org/events) 134 000, - CV F nu 5 OF COUNCIL/RDA MEETING DATE: January 6, 2004 ITEM TITLE: Approval of a Reimbursement Agreement Between the City of La Quinta and Washington 111, LTD for Improvements to Washington Street and Appropriation of Funds RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Reimbursement Agreement between the City of La Quinta and Washington 1 1 1, LTD, to credit or reimburse the Washington 1 1 1, LTD for Developer Impact Fee Program (DIF) eligible improvements to Washington Street associated with the Washington Park development in an amount not to exceed $392,878, authorize the City Manager to execute the necessary documents, and appropriate $3921878 from the City's Transportation DIF fund. FISCAL IMPLICATIONS: Sufficient funding is available within the City's Transportation DIF fund account, Account No. 250-000-300-290, unreserved funds, to support staff's recommendation. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Washington 1 1 1, LTD is currently building the Washington Park retail center located east of Washington Street and south of Highway 111. Tenants include a Target department store, a Washington Mutual Bank, and related retail tenants. When this project was approved, it was conditioned to install landscaped medians and travel lane improvements on Washington Street. These improvements are listed as Arterial Core Improvements in� the City's DIF and are slated to be funded through DIF funds. Per the DIF, if the City requires a developer, as a condition of project approval, to construct facilities or improvements for which impact fees have been, or will be, charged to that project, the impact fee imposed on that development project for that type of facility C10 DIF.doc 13 5 should be adjusted to reflect a credit for the cost of those facilities or improvements. Washington 1 1 1, LTD will be constructing median and transportation lane improvements and is seeking either a Transportation Fee credit, or direct reimbursement, for the cost of these improvements. The attached Agreement facilitates DIF Transportation Fee credit or cost reimbursement for these improvements. The Agreement established a total cost of $392,878, which is the DIF cost allocation for these improvements. Further, the Agreement provides that the improvements will be completed no later than 24 months after both parties execute the Agreement, and that the Transportation Fee credit or actual cost reimbursement, will not occur until the City Engineer accepts the improvements. The developer's engineer estimates that the improvements will cost $172,077, as indicated on Exhibit A of the Agreement. This cost estimate is based upon preliminary improvement plans. The Agreement provides for a fee credit or actual cost reimbursement for an amount up to $392,878. This amount represents the City Engineer's estimate for these improvement costs that was included in the 2002 DIF update. If actual costs are less than the DIF cost estimate, the developer will receive Transportation Fee credit, or cost reimbursement, for the lesser amount. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Reimbursement Agreement between the City of La Quinta and Washington 1 1 1, LTD, to credit or reimburse the Washington 111, LTD for Developer Impact Fee Program (DIF) eligible improvements to Washington Street associated with the Washington Park development in an amount not to exceed $392,878, authorize the City Manager to execute the necessary documents, and appropriate $392,878 from the City's Transportation DIF fund; or 2. Do not approve a Reimbursement Agreement between the City of La Quinta and Washington 1 1 1, LTD, to credit or reimburse the Washington 111, LTD for Developer Impact Fee Program (DIF) eligible improvements to Washington Street associated with the Washington Park development in an amount not to exceed $392,878, do not authorize the City Manager to execute the necessary documents, and do not appropriate $392,878 from the City's Transportation DIF fund; or 3. Provide staff with alternative direction. 2 136 Respectfully submitted, Tim JonVMni Public Works Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Development Impact Fee Credit Agreement 3 137 ATTACHMENT #1 DEVELOPMENT IMPACT FEE CREDIT AGREEMENT WASHINGTON PARK RETAIL CENTER - PARCEL MAP 30903 Washington Street Improvements THIS DEVELOPMENT IMPACT FEE CREDIT AGREEMENT ("Agreement") is entered into this day of , 2004, by and Washington 1 1 1, LTD, a California Limited Partnership ("Developer"), and the City of La Quinta, California, a California Municipal Corporation ("City"). RECITALS: A. The Developer is improving property in the City of La Quinta known as the Washington Park Retail Center, Parcel Map 30903, located south of Highway 1 1 1, north of Avenue 47 and east of Washington Street ("Development"). B. Conditions of Approval for the Development obligate the Developer to make Arterial Core Improvements that include an 18-foot wide landscaped median and a 12-foot wide strip of street pavement, as delineated in Exhibit A of this Agreement, to that section of Washington Street that adjoins the Development ("Required Improvements"). C. Pursuant to the City Development Impact Fee Program ("Program"), adopted June 15, 1999 and revised March 5, 2002, the Developer is required to pay Development Impact Fees ("Fees) to fund these and other improvements as the Development is constructed. Said Fees include a Transportation Improvement Fee component ("Transportation Fee") that funds regional serving transportation improvements. E. Pursuant to Section 10, Implementation, B. Administration, of the Program, if the City requires a developer, as a condition of project approval, to construct facilities or improvements for which impact fees have been, or will be, charged to that project, the impact fee imposed on that development project for that type of facility should be adjusted to reflect a credit for the cost of those facilities or improvements. F. The Developer has requested that the City adjust the Fees that the Developer must pay for those segments of the Development the Developer is building to reflect the cost the Developer will incur for the Required Improvements. G. The City Engineer has reviewed the scope and costs associated with the Required Improvements and determined that the Required Improvements are me* included in the Program and are eligible for credit against the Transportation Fees related to the Development. H. The City Engineer has determined that the Program established a total budget of $598,900 for all eligible improvements involving that segment of Washington Street between Highway 111 and Avenue 47("Washington Street Improvements"). The Required Improvements encompass a segment of Washington Street that runs from Simon Drive to Avenue 47, which is sixty-five and six -tenths percent (65.6%) of the total Washington Street Improvements. Therefore, the maximum Transportation Fee credit the Developer may receive for the Required Improvements is sixty-five and six tenths percent (65.6%) of the Program budget for the Washington Street Improvements or $3921878. I. The City Finance Department has reviewed the Fees that the Development is scheduled to pay and has determined that the Development is required to pay Transportation fees in excess of those that would be credited to the Developer through this Agreement. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer. The Developer shall construct the Required Improvements, as delineated in Exhibit A, and shall bear all costs associated with said improvements. The Required Improvements shall be constructed in accordance with all applicable City and State codes and regulations, including securing bonds and guarantees pursuant to Section 14.16.180 of the Municipal Code of the City of La Quinta. The Developer agrees that the Required Improvements will be completed no later than 24 months after both parties execute this Agreement. 2. Responsibilities of City. Once the Required Improvements are accepted by the City as complete, the City shall credit the Developer, and only the Developer, for the cost of the Required Improvements against the Transportation Fees the Developer must pay pursuant to the Program. Said credit shall not exceed $392,878, and shall only be credited to the Developer as the Developer obtains building permits for the remaining phases of the Development after the completion of the Required Improvements. The Developer shall have the option to be reimbursed for the actual expenses incurred by the Developer related to constructing the Required Improvements in lieu of the Transportation Fee credit described herein. Reimbursement for the actual expenses incurred by the Developer shall only occur after the Required Improvements are accepted by the City as complete. Said reimbursement shall not exceed $392,878. f§9 3. Warranty. For a period of one year following completion of the. Required Improvements and their acceptance by the City, which acceptance shall not be subject to completion of all improvements for the Development, Developer agrees to assist City as necessary in obtaining from the contractor(s) constructing the Required Improvements any necessary warranty repair or replacement of faulty work or materials. 4. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (ten) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be agreed upon by both parties to this Agreement. 5. Attorney's Fees. If either party commences an action against the other arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 6. Indemnification. Developer agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action, of any nature whatsoever, arising out of or in any way connected with the performance of Developer, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. 7. City Officers and Employees; Non -Discrimination. No officer or employee of City shall be personally liable to Developer or any successor in interest in the event of any default or breach by City or for any amount that may become due to Developer or to its successor or for breach of any obligation of the terms of this Agreement. 8. Term of Agreement. This Agreement shall remain in full force and effect for three years following the date it has been executed by both parties. 9. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty- eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Attn: City Engineer To Developer: Washington 1 1 1, LTD. Street Address City, State Zip Code Attn: Jack Oldham, President 10. Assignment of Agreement. Neither party may assign its obligations hereunder to any assignee without the knowledge and consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to carry out the assignor's obligations. 11. General Provisions. A. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 12. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 07 1 �1 13. Authority of Signatories. 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 are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: TOM GENOVESE, City Manager Date FAU*39 APPROVED AS TO FORM: JUNE S. GREEK, City Clerk M. KATHERINE JENSON, City Attorney City of La Quinta, California City of La Quinta, California Date DEVELOPER: Washington 1 1 1, LTD, California Limited Partnership JACK OLDHAM, President Date 0 8 14Z Exhibit A REQUIRED IMPROVEMENTS/ESTIMATED QUANTITIES AND COST PARCEL MAP 30903 WASHINGTON STREET IMPROVEMENTS AC 4" over 8" Base AC Subgrade Preparation Mobilization (Move -In) Remove Existing AC Pavement Type D Curb only (611 ) Striping Traffic Control Median Landscape Plan Check and Inspection Contingency TOTAL Quantity Estimated Unit Unit Price Estimate Cost SF $1.25 21,312 $26,640 SF $0.30 21,312 $6,394 EA $5,000.00 1 $5,000 SF $0.30 35,520 $10,656 LF $6.00 3,320 $19,920 LS $5,000.00 1 $5,000 LS $5,000.00 1 $5,000 LF $3.00 24,919 $74,757 % 2% $3,067 % 10% $15,643 $172,077 0 ng 143 COUNCIL/RDA MEETING DATE: J an u ary 6, 2 0 0 4 ITEM TITLE: Consideration of Art Piece for the Embassy Suites Project RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IM PUCATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The cost of the proposed art piece is $67,169, which amount has been paid into the Art in Public Places fund by Embassy Suites. The Art in Public Places fund has an uncommitted balance of $259,384 as of November 30, 2003. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Artist Bill Ware has submitted an art proposal for the Embassy Suites project located on Calle Tampico and Desert Club, as provided in Attachment 1. The proposal is for two contemporary, three-dimensional horses constructed of aluminum, for a cost of $67,169. Attachment 2 provides a site map of the location for the proposed artwork. Santa Rosa Plaza, the developer of Embassy Suites, has provided a letter of support for this project (Attachment 3.) Mr. Ware has two art pieces that have been funded by the City of La Quinta: The "Don" at the corner of Washington Street and Avenue 48 ($70,000) and the acknowledgment areas on the Civic Center Campus ($92,400). A third piece of art by Mr. Ware (big horn sheep to be located at the Residence Inn on Washington 144 Street at a cost of $92,000) has been approved by the City Council, but has not yet been funded. Due to construction delays with the Residence Inn, an Art Purchase Agreement with Mr. Ware has not yet been signed. The proposed contemporary, three-dimensional horses would be located in public view along Desert Club and Calle Tampico. Mr. Ware attended the December 11, 2003 Cultural Arts Commission meeting to answer questions the Commission had regarding this proposal. The Cultural Arts Commission is recommending this piece be funded as proposed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the concept for the Embassy Suites art piece and direct staff to prepare an Art Purchase Agreement for City Council approval; or 2. Do not approve the concept for the Embassy Suites art piece and do not direct staff to prepare an Art Purchase Agreement for City Council approval; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Embassy Suites Art Piece Proposal 2. Site Map of Proposed Art Work 3. Letter of Support for Proposed Art Work 145 �- 2 ATTACHMENT 1 William Ware -Artist 73891 Masson Street Palm Desert, CA 92260 Phone & Pax: 760-340-5024 Email: WilliamWare22 (a_),aot. com November 13, 2003 PROPOSAL FOR ARTWORK SANTA ROSA PLAZA 78-495 Calle Tampico, LaOuinta Submitting concept, design (sketches) and budget for your approval from ART IN PUBLIC PLACES for the Santa Rosa Plaza. Project. Two contemporary, three-dimensional horses (large female and small foal) constructed of aluminum. See sketches for size and placement. The cost ($67,169.06) includes all artwork, design fees, fabrication, installation, taxes and required City permits. Thank you for your consideration. Regards, //'111 4�� 'William Ware Q s.. 147 s;P ti o ♦�/IIr r x �-r. `• a R. R J ...Yalp y ar� �r l r 1419 11 150 7 MOV L4 W4 1 4 2 CNVO CALIF -rAM"W f.A"F_ 7AMPI-_0 TW 2*4 -1c IR ATTACHMENT 2 La ui .............. M. Lu 4 3) 44 M 29 ATTACHMENT 3 It31BA88T 8 1THR H OTRL e I.& Quirnta, CA - 5" i `in the Village At Catte Tampico am December 19, 2003 Dodie Horvitz City of La Quinta 79-495 Calle Tampico La Quinta CA 92253 Dear Dodie, This letter is to confirm we Santa Rosa Plaza. We have coordinated aU c corner of Desert Club and Public Art. We have contributed $67 the plans for this high prc !assert Club Drive' commissioned Bill Ware to create the Public Art for the project in ients of this corner, blending landscaping and Art placement for the Tampico to create an overall design that highlights and maximizes the and want the work to commence as soon as possible so we can complete corner and installation of Art by Spring 2004. I look forward to working -4ith you on this exciting project. Sincerely ," 1_ Bridget Plat LifOC RC 1503 La Quints, CA 92253 Pbmc: 760-777-4077 Fax: 760-564-8200 Email: bisanhotr,1!,p@,-,I.ovm LJ� 5�j , 4 �� t• .. lyura.nn�h OF ,9 COUNCIL/RDA MEETING DATE: January 6, 2004 ITEM TITLE: Consideration of City Council Committee Appointments for 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select representatives of the City Council to serve on various committees for 2004. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Each year the City Council selects Council Members to serve on a number of committees which provide regional and local representation for the City of La Quinta. Attachment 1, for Council's consideration, is a complete list of committees and the appointments that were made last year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Select representatives of the City Council to serve on various committees for 2004; or 154 2. Do not select representatives of the City Council to serve on various committees for 2004; or 3. Provide staff with alternative direction. Respectfully submitted, June . G eek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Council Committee List 2 155 ATTACHMENT 1 City of La Quinta Appointments COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE: Member: Don Adolph, Mayor Alternate: Stanley Sniff, Mayor Pro Tern Non -Voting Member: City Manager Meets last Monday of each month at 6:00 p.m. ENVIRONMENTAL AND ENERGY RESOURCES COMMITTEE: Member: Stanley Sniff, Mayor Pro Tern Alternate: Lee Osborne, Council Member Staff Support: Community Development Director or Designee Meets second Thursday of each month at 12:00 p.m. HUMAN & COMMUNITY RESOURCES COMMITTEE: Member: Lee Osborne, Council Member Alternate: Ron Perkins, Council Member Staff Support: Community Services Director Meets fourth Wednesday of each month at 11:45 a.m. PUBLIC SAFETY COMMITTEE: Member: Ron Perkins, Council Member Alternate: Terry Henderson, Council Member Staff Support: Building & Safety Director Community Safety Manager Meets third Monday of each month at 10:00 a.m. TRANSPORTATION COMMITTEE: Member: Ron Perkins, Council Member Alternate: Terry Henderson, Mayor Pro Tem Staff Support: Public Works Director/City Engineer Meets third Monday of each month at 12:00 p.m. 156 TECHNICAL ADVISORY -COMMITTEE: Member: City Manager Meets second Friday of each month at 10:00 a.m. TECHNICAL PLANNING SUB -COMMITTEE: Member: Community Development Designee Alternate: Community Development Director Meets third Monday of each month at 8:30 a.m. TRANSPORTATION TECHNICAL ADVISORY SUB -COMMITTEE: Member: Public Works Director/City Engineer Alternate: Senior Engineer Meets fourth Thursday of each month at 1:30 p.m. PM10 TECHNICAL WORKING GROUP: Member: Community Development Director or Designee Alternate: Associate Planner Meets first Monday of each month at 1:30 p.m. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Member: Lee Osborne, Council Member Appointed: January 7, 2003 Alternate(s): Personnel/Risk Manager CALIFORNIA STATE UNIVERSITY SAN BERNARDINO LIAISON Member: Management Analyst Appointed by City Manager Authorized by Council: October 1, 1996 CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE Member: Lee Osborne, Council Member 1J Appointed: 5/6/03 (for three consecutive meetings Rotates after three meetings CIVIC CENTER ART PURCHASE COMMITTEE Members: Stanley Sniff, Mayor Pro Tern Don Adolph, Mayor Appointed: February 20, 2002 Rotates Annually COACHELLA VALLEY ECONOMIC PARTNERSHIP Board Member: Don Adolph, Mayor Alternate: Lee Osborne, Council Member Staff Support: Management Analyst COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Board Member: Ron Perkins, Council Member Term: Four Years Term Expires: June 30, 2004 Re -appointed: 71211996 Re -appointed: 511812000 Re -appointed: 11712003 Staff Support: City Manager Meets second Tuesday of each month at 7:00 p.m. COACHELLA VALLEY MOUNTAINS CONSERVANCY Executive Board Member: Stanley Sniff, Mayor Pro Tern Alternate: Terry Henderson, Council Member Staff Support: Community Development Director Meets second Monday of every other month at 3:00 p.m. COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY Member: Lee Osborne, Council Member Alternate: Terry Henderson, Council Member Staff Support: Community Development Director Meets last Wednesday of each month at 4:00 p.m. at Thermal Airport 156 N:\LI STS\Boards-Commissions \Council Committee Roster Page 3 Updated: May 6, 2003 IMPERIAL IRRIGATION DISTRICT POWER CONSUMER ADVISORY COMMITTEE Member: Vacant - No LQ Representative at Present Position appointed by LLD. Board - City may present a nomination when vacancy occurs LEAGUE OF CALIFORNIA CITIES - RIVERSIDE DIVISION (Selection Committee) Delegate: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Appointed: December 16, 1997 Reappointed. January 7, 2003 LIBRARY SERVICE ZONE ADVISORY BOARD Member: Terry Henderson, Council Member Appointed: October 1, 1996 Alternate: Don Adolph, Mayor Appointed: October 1, 1996 PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY Executive Board Member: Terry Henderson, Council Member Alternate: Don Adolph, Mayor Staff Support: City Manager Meets third Tuesday of each month at 9:00 a.m. at Palm Desert City Hall PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION Commission Member: Robert Tyler (44-215 Villeta Dr., LQ) Appointed: September 16, 1997 Re -appointed: 8/1 /2000 (4 year term) Terms determined by City Council Meets the first & third Wednesday of each month at 8:00 a.m. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE Member: Vacant Term: Two-year Term Expiration: February 1, 2002 1�)9 N:\LISTS\Boards-Commissions -- - - 6 \Council Committee Roster Page 4 Updated: May 6, 2003 RIVERSIDE COUNTY TRANSPORTATION COMMISSION Commission Member: Terry Henderson, Councilmember Commission Alternate: Don Adolph, Mayor Appointed: January 7, 2003 Terms began January 1, 1999 - No expiration date Meets second Wednesday of each month at 9:00 a.m. in Riverside SUNLINE TRANSIT AGENCY Board Member: Don Adolph, Mayor Alternate: Lee Osborne, Council Member Staff Support: City Manager Appointed: January 7, 2003 Meets last Wednesday of each month at 12:00 p.m. SCHOOL AD HOC COMMITTEE Members: Lee Osborne, Council Member Stanley Sniff, Mayor Pro Tern 160 7 N ALI STS\Boards-Commissions \Council Committee Roster Page 5 Updated: May 6, 2003 (jl?iet " 19�' 4 44" COUNCIL/RDA MEETING DATE: January 6, 2004 Consideration of Selection of a Representative to the Chamber of Commerce Workshop Information Exchange Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve for three consecutive meetings of the Chamber of Commerce Workshop Information Exchange Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: City Council has established a policy of appointing one of the members to serve on the Chamber Workshop Information Exchange Committee for three consecutive meetings. Council Member Osborne was the last Council appointee to this Committee and he has attended three meetings. The rotation of appointees has been as follows: Council Member Osborne (5/6/03) Council Member Perkins (1 1 /19/02) Council Member Sniff (3/5/02) Mayor Pena (9/18/01) Council Members Perkins (2/20/01) Council Member Adolph (9/19/00) Council Member Henderson (2/1 /00) Council Member Sniff (8/3/99) In order to continue this policy, a new Council representative should be appointed at this time. 161 S:\CITYMGR\STAFF REPORTS ONLY\BS4.DOC FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information Exchange Committee Workshop; or 2. Do not appoint a Council Member representative; or 3. Continue this for further consideration; or 4. Provide staff with alternative direction. Respectfully submitted, Jerry Herman Community Development Director Approved for submission by: Thomas P. Genovese, City Manager S:\CITYMGR\STAFF REPORTS ONLY\BS4.DOC 162 BUSINESS SESSION ITEM: _j4 ORDINANCE NO. 396 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 16' 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: 163 Orclinance No. 396 Zone Change 2003-116 Coral Option 1. LLC January 6, 2004 Page 2 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 164 Ordnance No. 396 Zone Change 2003-116 Coral Option 1, LLC January 6, 2004 Page 3 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 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 6' day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (CITY SEAL) 165 Ordnance No. 396 Zone Change 2003-116 Cord Option 1, LLC January 6, 2004 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 166 Proposed Zoning /y 1 -r Zoning chmir"tions Low Density Residential — RL Ne oborliood Co mumciai (Cl) Golf Course -� 57 167 BUSINESS SESSION ITEM: :T ORDINANCE NO. 397 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 25th 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. Ordinance No. 397 Zone Code Amendment 2003-078 City of La Quinta Adopted: January 6, 2004 Page 2 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 6" day of January, 2004, by the following vote: 169 Ordinance No. 397 Zone Code Amendment 2003-078 City of la Quinta Adopted: January 6, 2004 Page 3 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 170 Ordinance No. 397 Zone Code Amendment 2003-078 City of La Quints Adopted: January 6, 2004 Page 4 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: TABLE S PERM1, TED USES IN NOMSIDENTIAL DISTRICTS P = Principal Use DISTRICT M =' Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use S = Specific Plan Regional Commarcia Community W gbborboo Tourist; Office Major' Commercial 1 Comm Ircia d Commercial Conner- Connor Canty, Park 1, cial -cial gacil ities' LAND USE CR CP CC CN CT CO MC' Residential, Lodging and Child Care Uses Townhome and multifamily dwelling as a C* X X X X X primary use *If part of a mixed -use project per Section 9.80.020 or 9.80.030. **subject to Residential as an accessory use, e.g., C C C C C C C caretaker residences per Section 9.100.160 Child day care facilities, centers and C C C C X C C preschools as a principal use, subject to Section 9.100.250 (also see Accessory Uses Senior group housing, subject to Section C X X X X X X 9.100.260 Rooming and boarding houses C X X X X X X Single room occupancy (SRO) hotels, C X X X X X sub'ect to Section 9.100.270 PP TP Emergency shelters P P P P P Transitional shelters for homeless persons I C I X I X I X I X I X I C or victims of domestic abuse 171 Ordinance No. 397 Zone Code Amendment 2003-078 City of La auinta Adopted: January 6, 2004 Page 5 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 Ownershi /Mem ership 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 15 REPORT/INFORMATIONAL ITEM: COMMUNITY SERVICES COMMISSION MINUTES October 13, 2003 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Vice Chairperson Calhoun presided over the meeting. Commissioner Davis led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Gary Calhoun Commissioner Mike Cross Commissioner Mike Davis MEMBERS ABSENT: Commissioner Victoria St. Johns (excused absence) Commissioner Deborah Bechard STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary PUBLIC PRESENT: Steven Blackwood, Jared Powell, La Quinta Court Williams, Rancho Mirage, Doug Kincade, Palm Desert Bruce Underwood, CVRPD II. PUBLIC COMMENT Bruce Underwood, La Quinta Representative to the CVRPD, addressed the Commission about the need for better use of resources between Valley Cities in order to improve communications. He suggested a meeting once or twice a year so all will be aware of policies and procedures. Commissioner Calhoun agreed that a liaison between sports groups, schools and cities is needed to avoid misunderstandings and to keep up the good relations with school officials. Consensus was to revisit this matter in early 2004. 173 Community Services Commission October 13, 2003 Minutes Page 2 111. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the September 8, 2003 Minutes B. Monthly Department Report for August 2003 Since only two of the Commissioners present attended the September 81n meeting, Chairperson Calhoun suggested that Consent Calendar Item A: Minutes of 9-08-03 meeting be carried forward to the November Commission Meeting. It was moved by Commissioners Davis/Cross to approve Consent Calendar Item B: Department Report for August 2003. Unanimous. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. La Quinta Skate Park Amenities Director Horvitz provided background information on the proposed skate park for La Quinta Park, reporting that the park will be a "hybrid", including a concrete bowl as well as modulars, approximately 10,000 sq.ft. in size, with completion expected to be by Summer of 2004. The budget for construction of this project is $223, 000. Skaters Doug Kincade and Court Williams recommended using only concrete to construct the skate park to provide a seamless surface. They cited several other skate parks with which they were.fam-iliar in California and Oregon, and offered to provide a list of contractors who do this type of concrete work. Following Commission discussion regarding costs associated with skate park construction, space requirements, versatility of modular units, safety inspections and modular life expectancy, Director Horvitz commented that the. aim of La Quinta skate parks is a lifetime of enjoyment for all ages and ability levels. Commissioners and attendees. went over equipment lists with staff to choose elements desired in the new skate park as follows: 3' spines, 3' box 174 v - 2 Community Services Commission October 13, 2003 Minutes Page 3 wedges, escalator with quarterpipes, 6' halfpipe, 3' jump, ledges with jumps, and rectangular kinked rails. Skaters also requested a concrete bowl ranging from 4' to 8' in depth, separated from other el.ements for safety reasons. Staff will recommend the bowl, but cautioned that police may not approve it because of visibility issues. It was moved by Commissioners Davis/Cross to accept the ideas for the new skate park as presented, and to incorporate them into the skate park RFP, based on the project budget. B. Tree Lighting Ceremony Director Horvitz informed Commissioners that the Cultural Arts Commission had originally proposed a holiday parade in addition to the annual tree lighting ceremony. The City Council recommended due to time constraints that the parade be considered for 2004 in order to provide the additional time necessary for planning. The Cultural Arts Commission will arrange for and host the entertainment for the tree lighting ceremony, and the Community Services Commission will assist with decorating the tree and handing out gifts to the children. It was moved by Commissioners Cross/Davis to attend and assist with the Annual Tree Lighting Ceremony on Friday, December 5, 2003. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Commissioners were invited to attend the Santa Rosa & San Jacinto National Monument Annual Celebration on Saturday, October 25tn. VIII. COMMISSIONER ITEMS Commissioner Davis asked that staff check out a light that is out and a broken drinking fountain at Fritz Burns Park. Director Horvitz reported that the old drinking fountain may be moved upon installation of the new. drinking fountain at the dog park adjacent to Fritz Burns. Commissioner Mike Davis presented to Commissioners a letter announcing his resignation from the Community Services Commission. Commissioner Davis commented that he has enjoyed serving on the Commission since 1994, and wished much success to the Commission for the future. 7 Community Services Commission October 13, 2003 Minutes Page 4 Vice Chairperson Calhoun regretfully accepted the resignation on behalf of the Commission, and thanked Commissioner Davis for his good service to the City of La Quinta for the past nine years, commenting that it has been a pleasure working with him. All Commissioners joined in wishing Commissioner Davis the best for the future. IX. ADJOURNMENT It was moved by Commissioners Davis/Cross to adjourn the Community Services Commission meeting at 8:15 PM. -Unanimous. NEXT MEETING INFORMATION. Monday, November10, 2003 @7:00 PM La Quinta City Hall Study Session Room Submitted by: Hally Savio, domniunity Services .Secretary 176, WA REPORT/INFORMATIONAL ITEM: Ito 4P a�w CULTURAL ARTS COMMISSION MINUTES November .13, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting.. Commissioner Hemes led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Nicolas Hemes. Commissioner Sheldon Brodsky Commissioner Linda Young (arrived at 7:10 PM) MEMBERS ABSENT: Commissioner Elaine Reynolds,. excused absence STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary PUBLIC PRESENT: Leonor Vivanco, Reporter, Desert Sun Denice Saxman, Chorale Director, Amelia Earhart School Bill Ware, Artist II. PUBLIC COMMENT Artist Bill Ware presented a proposal for artwork at Santa Rosa Plaza, located on the future Embassy Suites site at 78-495 Calle Tampico. The artwork proposed is a sculpture of two three --dimensional horses. This item will be on the December 11 to Agenda for Commission consideration. VI. BUSINESS ITEMS A. Tree Lighting Ceremony (this item was taken out.of order) Commissioner Loudon invited Denice Saxman, teacher and chorale director, to provide details on the program Amelia Earhart and Truman Elementary Schools .will provide on December 5. Mrs. Saxman said that 177 Cultural Arts Commission Meeting Minutes November 14, 2003 Page 2. there will be approximately 60 students and they will sing 4 songs, including a Channuka song. Mrs. Saxman will provide staff with the details for the program and staff will work with Mrs. Saxman to arrange the details. Community Services Director Horvitz gave an overview of a situation for the Veterans Day event in which she was not informed as to what had been arranged with the High School Band and how that issue created difficulties with several components of the program for the event. Director Horvitz also reminded the Commission that the Commission's role is to act in an advisory capacity, providing ideas and general direction to enable staff to perform the necessary tasks. The Commissioners are also requested to act as ambassadors for the City at the event. In this role, they can host the entertainment and ensure the public is having a good time. Director Horvitz also thanked the Commission for bringing their dedication and expertise to the Commission, which provides a wealth of information to the events. She also stated that this is a team effort, and every team member has a different role. Not every team member does every job. However, there is a contact person who must know that every component is being covered, or there may be gaps in components of the program. Discussion took place as to past events for which the Commissioners arranged details of the event and did not feel that they received enough recognition for their many hours of work. Commissioner Brodsky read the definition of the Commission's role as stated in the Commissioners Handbook. Commissioner Hemes stated that he felt as though the Commission did not receive enough credit for their dedication to the City and would like to have a more involved role in the details of the events. Commissioner Loudon asked staff for clarification as to what the Commission's role will be for the December 5, 2003 event. Staff asked that the Commission provide the names and telephone numbers of those groups which have already been contacted regarding the event. Staff will follow through and will arrange the details. Once staff has contacted the entertainment recommended by the Commissioners, Commissioners SACommunity Services\CAC\CACMIN.11.14.03.doc $ ti Cultural Arts Commission Meeting November 14, 2003 Minutes Page 3. do not need to follow up on details. Staff also asked that the Commission attend the event and act as hosts and hostesses for the entertainment. Commissioner Young asked if staff needed additional help, would staff contact the Commissioners? Staff responded yes, that additional duties may need to be completed that would be appropriate for the Commission to do, but this won't be known until the details are nearing completion. Commissioner Young stated that it is an honor to be a Commissioner and to be asked for recommendations. She also stated that the Commission is not to perform staff, functions. She has commitments in her life and therefore does not want to do staff duties on top of being a Commissioner. Commissioner Young reminded the Commission that they are ladies and gentlemen representing the City and therefore it is an honor to host events. Director Horvitz reminded the Commission that they are to contact her if they need something from the Community Services Department and she will direct it to the appropriate staff person. Commissioners contacting Community Services Department staff directly and assigning tasks puts the staff in an awkward situation. The Commission recommended there be 120 chairs set up at the amphitheater for the audience. Staff stated that the entertainment will not be presented the entire two hours of the event, and therefore chairs may not be needed. The Commission stated that they would like to have chairs at the event. Staff will order chairs, and Commissioner Hemes volunteered to assist with the set up of the chairs. Staff asked the Commissioners if they would like to have an art event for children at the event. The Commission stated that they did not feel this was the appropriate venue and therefore they would not Like to host such an event. .Director Horvitz reminded the Commission that flexibility is needed when offering special events. Even though the event is very well planned, things change and the plans may need to be altered. She asked that the Commissioners be flexible. Commissioner Hemes stated that he will not be at the event, as he will be out of town. Staff will contact the Commissioners as to the details of the event. SACommunity Services\CAC\CACMIN.11.14.03.doc 1. 79, -- ii�": Cultural Arts Commission Meeting Minutes November 14, 2003 Page 4. IV. CONSENT CALENDAR (this item was taken out of order) M A. Approval of Minutes of October 9, 2003 B. Financial Reports for October 2003 C. Monthly Department Report for September 2003 It was moved by Commissioners Hemes/Brodsky to approve the Consent Calendar as submitted. Unanimous. PUBLIC HEARING -NONE BUSINESS ITEMS B. Soliciting Donations for Special Events (this item was taken out of ,order) Commissioner Young read the solicitation letter she composed on behalf of the Commission to obtain donations to fund special events. If the Commission decides to raise funds for an event, they will forward names and addresses to City staff to prepare and mail the approved letters. Director Horvitz informed Commissioners that donated funds can be received by the City, but the Commission may not accept donations. Guidelines are in place for the donation process, including a required Resolution to the City Council. Commissioner Hemes suggested that the solicitation letters should be signed by the individual Commissioner who is familiar with the contact. C. Fallen Officer Memorial Director Horvitz provided background on the City Council's decision at their meeting of August 5' to expand the Officer Memorial to include all public service officers, and to issue an RFP for a lifelike artpiece for the Civic Center Adknowledgement Area. One hundred fifty RFPS were sent out, and just one proposal was received from Colorado artist Gary Alsum which depicts a firefighter holding a small girl with a little boy looking up at the firefighter.. Commissioner Hemes commented that one proposal was not enough to consider at this time, and suggested that the RFP be sent out again. It was moved by Commissioner Hemes/Young to again send out the RFP for the officer memorial in order to obtain more proposals. Unanimous. SACommunity Services\CAC\CACMIN.11.14.03.doc 1 8 0 `* Cultural Arts Commission Meeting Mini itPc November 14, 2003 Page 5. Director Horvitz will take this recommendation to the December 2nd City Council Meeting. Vll. CORRESPONDENCE AND WRITTEN MATERIALS Commissioners were presented with an informational article from Western City, the magazine of the League of California Cities regarding the Brown Act and Email communications. Following discussion with Chairperson Loudon regarding the Brown Act, Director Horvitz requested that Commissioners read the article, and contact her with any questions they may have. Vlll. COMMISSIONER ITEMS Commissioner Hemes reported that he will be out of town on December 5, 2003 and unable to attend the Tree Lighting Ceremony. Chairperson Loudon commented that the Coachella Valley Arts Alliance Annual Gala on November 1 st was a big success, with all proceeds going to benefit children across the Valley. Chairperson Loudon thanked Stan Sniff, Mayor Pro Tem, for attending the meeting, and requested that Commissioners and staff extend courtesy to one another as they continue to work together to benefit the City. XI. ADJOURNMENT It was moved by Commissioners Young/Hemes to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:50 PM. NEXT MEETING INFORMATION: Thursday, December 11, 2003 La Quinta Civic Center Study Session Room Submitted by: Hally Savio Community Services Secretary SACommunity Services\CAC\CACMIN.11.14.03.doc 181 ._� 5 REPORT/INFORMATIONAL ITEM: /I INVESTMENT ADVISORY BOARD Meeting November 12, 2003 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 P.M. by Board Member Moulin, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Olander, Deniel and Chairman Lewis (4:05) ABSENT: Board Member Mahfoud OTHERS PRESENT: John Falconer, Finance Director, Amy Swan -Draper, Accounting Manager and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA IV CONSENT CALENDAR A. Approval of Minutes of Meeting on October 8, 2003 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Deniel to approve the Minutes of October 8, 2003. Motion carried unanimously. V. BUSINESS SESSION A. RFP for Banking Services Interviews In response to Mr. Falconer, Chairman Lewis advised the Board of the suggested interview process. This process would give each bank ten minutes to present valued points of their proposal, after at which time the floor will be opened for questions from Board members for approximately twenty minutes. The following individuals were the primary bank representatives who made the bank's presentations and answered questions from the Board and Staff: Presentations were made by- Union Bank, Jerry Rogers - 4:00 - 4:30 P.M., Wells Fargo, Mark Hewlitt - 4:30 - 5:00 P.M., Valley Independ z, Investment Advisory Board Minutes November. 12, 2003 Bank, Sylvia Avalos - 5:00 - 5:30 P.M., Washington Mutual, Steve Johnson - 5:30 - 6:00 P.M., PFF Bank and Trust, Janet Cook - 6:00 - 6:30 P.M. and Bank of America, Mary Mendonca - 6:30 - 7:00 P.M. Investment Board Members narrowed their recommendation to Union Bank and Wells Fargo Bank. Chairman Lewis stated to the Board that Board Member Deniel brought up a good point about Union Bank fees being 20% higher then Wells Fargo Bank. Board Member Deniel suggested to the Board that Staff create a comparison matrix between Union Bank and Wells Fargo Bank. Board Member Deniel stated to the Board that if Staff was currently happy with services provided by Wells Fargo Bank, than there was no need. to change, but if Union Bank offered services that Wells Fargo Bank did not, or if Union Bank could accommodate the new financial software, then there is room to negotiate with Union Bank about their pricing to match Wells Fargo Bank. Board Member Olander stated to the Board that this would be determined on Mr. Falconer's current experience with Wells Fargo Bank and if there is no significant service that Union Bank could bring to the table, there is no need to switch. Mr. Falconer advised the Board that both banks are "players" in the municipal government field and they would both do an excellent job. With all things considered and upon Staff's review of the banks, they are very satisfied with the current service provided by Wells Fargo Bank. Board Member Deniel advised the Board that from a negotiation point of view, this is the time that Staff could ask for extras, such as improvements or additional services, or free checking for employees. Mr. Falconer advised the Board that this could not be a primary consideration for selection, due to the fact that free checking is an employee benefit, not a City benefit. Board Member Deniel advised the Board that if the employees are happy and employees are getting something from the City, this is an additional compensation. Board Member Moulin advised the Board that there are some costs for this service and if there is some cost for this service, the City could possibly get some reduction in lieu of this. Board Member Moulin also advised the Board that he felt skeptical about negotiating employee benefits. Board Member Deniel advised the Board that Wells 2 183 Investment Advisory Board Minutes November 12, 2003 Fargo Bank is the current low cost bidder and could possibly negotiate additional services if needed. Mr. Falconer reminded the Board that each bank had an opportunity to submit a proposal and include the fees that will be charged. Wells Fargo is currently doing a good job. Union Bank did not provide any significant service that would sway the City to make a change. Board Member Deniel suggested to the Board that for appropriate due diligence have both banks, Wells Fargo Bank and Union Bank, demo positive pay. Chairman Lewis reminded the Board that a recommendation needed to be made for the City Council and he felt there was no overriding reason why the City should currently switch banks at this time. In response to Board Member Moulin, Mr. Falconer stated to the Board that both banks would provide the same service. Chairman Lewis advised the Board that both positive pay and reconciliation are new services, since he has left banking, but from the interviews these services sounded as if they were the same software packages. Mr. Falconer advised the Board that a good point was brought to the Board's attention by Board Member Deniel as to how the banking software will interface with the new accounting software. The current HTE Software that. the City owns should interface with Union Bank customers or with Wells Fargo Bank customers, and this is something that Staff could check into. Board Member Deniel again suggested to the Board that Staff review a demonstration, if they are not compatible it will cost the City more in the long run. Chairman Lewis stated to the Board that Union Bank did state that they would pick up a limited portion of the conversion costs. MOTION - It was moved by Board Members Olander/Deniel to approve Staff's recommendation of Wells Fargo Bank and forward to the City Council for their consideration. Motion carried unanimously. B. Transmittal of Treasury Report for September 2003 Mr. Falconer advised the Board that on page 2, the large change in cash from the previous month was the result of issuing a new Redevelopment Agency Taxable bond issue of approximately $25.4 3 194 Investment Advisory Board Minutes November 12, 2003 million in net proceeds, which was received for the SilverRock Project. After the debt service payment was made, the net change was $19.2 million for the month. Board Member Olander asked if Staff could produce a graph from the information on page 3 referring to the annualized earnings, so the Board would be able to follow the trends. Mr. Falconer replied to the Board that on page 9 is a summary which could be produced into a graph. Chairman Lewis suggested that Staff produce a graph from the information on page 9 for the Board's review for the next scheduled meeting. Mr. Falconer advised the Board that graph would be included in the next Monthly Cash End Report for review. MOTION - It was moved by Board Members Moulin/Olander to review, receive and file the Treasurers Report for September 2003. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2003 In response to Board Member Moulin, Mr. Falconer informed, the Board that the principal from the Treasury Note was reinvested and extended out two years with an approximate yield of 1.92%. Noted and Filed B. Pooled Money Investment Board Reports — August 2003 Noted and Filed Vill BOARD MEMBER ITEMS A. Meeting with Financial Advisors Chairman Lewis clarified to the Board that this suggestion was not to interview Financial Advisors but to have the advisors make a presentation 4 185 Investment Advisory Board Minutes November 12, 2003 as to what they could do for the City and at that point and time, a decision by the Board with consideration of putting an RFP together to have them come in for an interview for proposal. This should be done no later than February due to policy review and other items for review. Chairman Lewis advised the Board that he knew of a firm for consideration of presentation. Board Member Deniel advised the Board that she could extend an invitation to Capital Guardian Trust Company, which is part of Capital Group Company. Chairman Lewis asked the Board if they knew of any other firms that would be interested in a presentation. Board Member Olander advised the Board that they need to stress that these presentations are just informational. The Board will decide as to when to hold the presentations at the next scheduled meeting. B. LAW Report — Board Member Deniel Board Member Deniel commented to the Board that she had several concerns regarding LAW and that by attending this conference she, no longer has these concerns. The only one concern is the current age of LAIF staff and their possible retirement from public service. Board Member Moulin suggested the report be distributed to the City Council Members. The Board agreed to attach the report to the November 12, 2003 minutes which would be distributed to the City Council. Vill - Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 7:05 p.m. Motion carried unanimously. mitt d b Vianka Orrantia Secretary F 186 Department Report: I -- ern--�— o;� o CV OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: January 6, 2004 SUBJECT: Department Report - Response to Public Comment The following public comments were made at the December 16, 2003, City Council meeting: 1. Trisha Squier, 78-735 Spyglass Hill Drive, asked about the status of the street repairs on Avenue 54 between Madison and Jefferson Streets. • Staff replied that the plans have been approved with the exception of the striping plans. 197 DEPARTMENT REPORT: 3- A JANUARY 6 CITY COUNGL'S UPCOMING EVENTS CITY COUNCIL MEETING JANUARY 9 SPECIAL CITY COUNCIL MEETING - INTERVIEWS FOR GOLF COURSE MANAGEMENT JANUARY 19-25 BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT JANUARY 20 CITY COUNCIL MEETING FEBRUARY 3 CITY COUNCIL MEETING FEBRUARY 7 PET SHOW/DOG PARK DEDICATION - FRITZ BURNS PARK 1:00-2:30 P.M. FEBRUARY 17 CITY COUNCIL MEETING MARCH 2 CITY COUNCIL MEETING MARCH 13 TINY TOT OLYMPICS - FRITZ BURNS PARK 9:30-11:00 A.M. MARCH 16 CITY COUNCIL MEETING MARCH 18-21 LA QUINTA ART FOUNDATION ARTS FESTIVAL APRIL 6 CITY COUNCIL MEETING APRIL 10 ANNUAL EGG HUNT - LA QUINTA COMMUNITY PARK 9:00 A.M. APRIL 20 CITY COUNCIL MEETING APRIL 24 COMMUNITY PICNIC & BIRTHDAY - FRITZ BURNS PARK 10:00 A.M. MAY 4 CITY COUNCIL MEETING MAY 8 LA QUINTA FIRE STATION DEDICATION - 9:00 A.M. MAY 18 CITY COUNCIL MEETING JUNE 1 CITY COUNCIL MEETING JUNE 15 CITY COUNCIL MEETING January 2004 La Quinta City Council Monthly Planner f .' •i LiesciayT 2 3 IIilill ' i December 03 S M T W T F S February 04 S M T W T F S ' 9:00 AM - 4:00 PM SJSR Ntl. Monument ill 1.•. Henderson 1 2 3 4 5 6 !3!''•! 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 , 15 16 New Years Day Extended New Years 114 17 18 19 20 ! i1 21 22 23 24 25 26 27 �' 15 16 17 18 19 20 21 (City Hall CLOSED) 22 23 24 25 26 27 28 Holiday (City Hall 28 29 30 31 :i Im 29 4 CLOSED) I� i 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- 9:30 AM Special CC Meeting Sniff Meeting 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 Corn. 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) Bob Hoe Chrysler Classic Golf Tournament 25 26 27 28 29 30 31 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ Corn -Adolph Commission Comm -Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne ob Hoe Chr sler CC.. Printed by Calendar Creator Plus on 12/30/2003 February 2004 La Quinta City Council Monthly Planner - .-P.Iwr-. NALWxwPaym EM111112clen. ... 90. 1 2 3 4 5 6 7 2:00 PM City Council 10:00 AM ALRC 1:00 PM - 2:30 PM Dog Meeting Park Dedication - Fritz Burns Park 8 9 10 1.1 12 13 14 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 Compassion Valentines Day Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 15 16 17 18 19 20 21 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting President's Day (CITY HALL CLOSED) 22 23 24 25 26 27 28 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Com-Adolph Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 29 �'� iII '€� •! � {E ! JE4 i �'!. fEYI j i' ! 3 i ! �,,, j January .i IGI.I�, March lii� `, IIlitlji ! �ii �! i l •I [ I �I II i '"ii I I) S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 4 5 6 7 8 9 10 7 8 9 10 11 12 13 11 12 13 14 15 16 17 14 15 16 17 18 19 20 ' 1 18 19 20 21 22 23 24 21 22 23 24 25 26 27 !i i. 25 26 27 28 29 30 31 28 29 30 31 _ �'I E i�ili i�F� �' i.v i E i. I ,i� f (2• I I'f Printed by Calendar Creator Plus on 12/30/2003 March 2004 La Quints City Council Monthly Planner Sun .. ..WednesdayThursday Friday Saturday f,, 1 2 3 4 5 6 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR €III si!li! ! !, .. Meeting Ntl. Monument- Henderson ;ii€f;i ! � �fi•!iil�f� �f iiiF ifl'�IfE 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- 9:30 AM - 11:00 AM 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Tiny Tot Olympics - Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Fritz Burns Park 12:00 PM Transp.- Commission Advisory Board Commission Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson St. Patrick's 3:00 PM Historic Preser- 2:00 PM City Council Day vation Commission Meeting La Quinta Arts Festival 21 22 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph '1st Day of Spring 4:00 PM DRRA Airp- Osborne La Winta Arts Festival 28 29 30 31 6:00 PM CVAG-Exec Com-AdolphI€ February j i" I ,a. f I April !�( S M T W T F S i ; S M T W T F S f 1 2 3 4 5 6 7 1 2 3 8 9 10 11 12 13 14 j 4 5 6 7 8 9 10 15 16 17 18 19 20 21 !I j 11 12 13 14 15 16 17 22 23 24 25 26 27 28 18 19 20 21 22 23 24 #' �l! 29 25 26 27 28 29 30 Printed by Calendar Creator Plus on 12/30/2003 194 �...r..000, G� vOF COUNCIL/RDA MEETING DATE: January 6, 2004 ITEM TITLE: La Quinta High School Art Wall Presentation AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PRESENTATION: Artwork by La Quinta High School Students on display November 21, 2003 — January 2, 2004 Albert Amezquita Lauren Laddusaw Cody Anderson Matthew Maceda Forest Anderson Matthew Miller James Belknap Adolfo Monreal Amanda Beltran Matthew Munoz Celeste Canel Brittany Murphy Kassandra Carriedo Abraham Park Jessica Chaffins Kaylin Pichler Tyler Dean Michael Quintana Brooke Devenney Erika Ramirez John Dibble Jeff Richardson Melissa DiPietro Steve Robbins Norma Esqueda Hector Rochin Zachary Fleming -Boyles Juan Ruiz Steven Garza Sean Sanchez Bree Hartung Mallory Snipes Rachel Hill Allison Uribe Minnie Huang Danae York Bryanna Johnson Yehsiming Jue 195 R� OFF COUNCIL/RDA MEETING DATE: January 6, 2004 ITEM TITLE: Public Hearing to Consider Resolutions and an Ordinance to Make the Necessary Findings for Approval of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2003-486; General Plan Amendment 2003-096, to Revise Land Use Designation From NC To MHDR; Zone Change 2003-1 17, to Revise the Zoning District From CN To RMH; Specific Plan 2003-069, Development Principles And Guidelines For 250 Common -Interest Condominium Units, with Clubhouse Building, Common Pools and Lighted Tennis Courts, on ± 21 Acres; and Tentative Tract 31798, for an Undivided Common Interest Subdivision on ± 21 Acres, Located on the Northwest Corner of Avenue 52 and Jefferson Street Applicant: Robert Selan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2003-486, according to the findings set forth in the attached Resolution; Adopt a Resolution of the City Council approving General Plan Amendment 2003-096; Adopt a Resolution of the City Council approving Specific Plan 2003-069, subject to the findings and Conditions of Approval; Adopt a Resolution of the City Council approving Tentative Tract Map 31798, subject to the findings and Conditions of Approval; and, Move to take up Ordinance No. by title and number only, and waive further reading. Move to introduce Ordinance No. on first reading, approving Zone Change .2003-117, to revise certain portions of the La Quinta Zoning Map, from Neighborhood Commercial to Medium High Density Residential. 196 FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The project site (Attachment 1) was originally approved for commercial development as part of Specific Plan 90-016 (The Grove), a 327-acre Specific Plan that included 1,208 units and one championship golf course. The Grove was approved by the City Council on December 3, 1991. Subsequently, the property was sold to Toll Brothers, who revised the original approval to 550 units, renamed it Mountain View Country Club, and eliminated the subject 21-acre commercial site from their new Specific Plan in favor of a relocated 14-acre commercial site, on the northeast corner of Avenue 52 and Jefferson Street. Mountain View Country Club was approved by the City Council on February 5, 2002. Currently, the site is vacant, but has historical signs of agricultural use as a date grove. The property is completely covered with date palm trees, and has no structures located within it. Tamarisk rows border the west and north property lines, beyond which lie the boundaries of the Citrus Course Country Club. Project Proposal The applicant proposes to subdivide ± 21 acres into a common -interest subdivision of 250 residential condominiums (Attachment 2), which will include various on -site amenities. To accomplish this, a Specific Plan (SP), General Plan Amendment (GPA) and Zone Change (ZC) have also been filed, requesting the site be re -designated from Neighborhood Commercial to Medium High Density Residential (up to 12 units/acre). General Plan Amendment 2003-096 The proposed GPA involves ± 21 acres surrounded by the Citrus Course Country Club to the north, Mountain View Country Club to the east, and The Hideaway to the southeast. To the south and southwest lies the Redevelopment Agency -owned SilverRock Ranch property. The applicant has applied to re -designate the property to Medium High Density Residential (up to 12 units/acre) to build a gated condominium project. G 197 Zone Change 2003-117 This application proposes to affix the Medium High Density Residential (RMH) zoning district on the project area, in lieu of the current Neighborhood Commercial zoning district. Specific Plan 2003-069 The proposed Specific Plan establishes general design guidelines, land uses and development standards for a gated development that combines residential and recreational uses within the 21-acre site. The following uses and amenities are proposed: • 250 condominium units in 32 buildings 13,700 square foot recreation room/restaurant • 2,700 square -foot homeowner's office • 1,500 square -foot maintenance building • 9 common area pools • 2 lighted tennis courts The residential portion consists of an undivided common -interest subdivision of 250 condominium dwelling units in 31 eight-plex, two-story buildings, and one duplex single - story building. Each two-story building's footprint is about 5,700 square feet, and each will incorporate its own subterranean parking. There will be one central community pool, and eight smaller satellite pools spread throughout. A two-story combination recreation room/restaurant with covered parking will be sited in the southeast corner of Watermark Villas, adjacent to the roundabout at the intersection of Jefferson Street and .Avenue 52. The recreational space will be located on the 8,000 square foot first floor, and the restaurant will occupy the 5,700 square foot second floor. Building height is shown in the document to be at 22 feet. Additional facilities include a small building for a 2,700 square -foot homeowner association office, with limited sundries for the convenience of the residents, and a nine -stall parking area. There will be two lighted -play tennis courts, and a 1,500 square -foot maintenance structure, in the northeastern portion of the project along Jefferson Street. Presently, no architectural elevations or concepts are provided in the Specific Plan for these proposed uses. Tentative Tract Map 31798 The tract application is to subdivide t 21 acres into a common -interest subdivision of 250 residential condominiums. The overall density of the project is 11.9 units per acre. There are two access points: one main access from Avenue 52, and a secondary "auxiliary" exit onto Jefferson Street, which will be limited to right -turn movements. The 03 198 main entry road off Avenue 52 is designed with an offset 12-foot wide median, a 20-foot southbound travel lane and 28-foot northbound travel lane. Guard -gated access is shown via two 13-foot wide gated entry lanes divided by a two -foot separation, a 12-foot wide center island and a 20-foot wide gated exit lane. The entry road leads to a 28-foot wide collector road, which services the cul-de-sac and entry drives to the unit buildings. A golf tunnel access is proposed, leading from the north side of Avenue 52, south into the SilverRock Ranch property. Planning Commission Action The Planning Commission, at its December 23, 2003 meeting, recommended approval of the project applications. At the public hearing, testimony was given by the developer in regards to the project design and concept, which will be a whole ownership development with individual participation in a vacation rental pool, to be operated by a hotel or other management entity. The Citrus Course Homeowners' Association submitted a letter to the Planning Commission dated December 10, 2003, citing their support for the project provided their concerns as stated in that letter are addressed (Attachment 3). Minute excerpts of the December 23, 2003 Planning Commission meeting are included as Attachment 4. Discussion focused on the following issues: • Commercial land reduction - the concern was the loss of commercial land that would generate sales tax. The Commission concluded that the TOT generated by this project would off set this loss. • Proposed tunnel access - the Commission supported the tunnel access, but after the City Attorney input decided this issue is beyond their purview and better left to the Agency. • Deceleration lane requirements - the Commission was concerned that the access off Jefferson Street was for emergency access only and should be a main entrance with a deceleration lane. The applicant indicated they wanted only one main entrance off of Avenue 52 and the access off of Jefferson Street should remain emergency only. • Citrus Course HOA concerns about the project - the Commission was not certain that all the concerns of the HOA should be addressed and after discussion it was determined they would be addressed during the site development permit process. • Project's TOT generation and its rental structure - the developer indicated the project would have rental units. The City Attorney indicated that as in past of the projects, a condition should be added to address the TOT. The Planning Commission made changes to certain conditions, based on discussion of the above topics. 199 FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2003-486, according to the findings set forth in the attached Resolution; Adopt a Resolution of the City Council approving General Plan Amendment 2003- 096, re -designating the site from Neighborhood Commercial to Medium High Density Residential; Move to take up Ordinance No. by title and number only, and waive further reading. Move to introduce Ordinance No. on first reading, approving Zone Change 2003-1 17, to revise certain portions of the La Quinta Zoning Map, from Neighborhood Commercial to Medium High Density Residential; Adopt a Resolution of the City Council approving Specific Plan 2003-069, subject to the findings and Conditions of Approval; Adopt a Resolution of the City Council approving Tentative Tract Map 31798, subject to the findings and Conditions of Approval; or; 2. Do not `adopt a Resolution of the City Council, certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2003-486; General Plan Amendment 2003-096, Specific Plan 2003-069; Tentative Tract Map 31798; and Zone Change 2003-1 17, and do not take up Ordinance No. ; or 3. Remand the requests back to the Planning Commission; or 4. Continue these items to a date specific; or 5. Provide staff with alternative direction. Respectfully subpnitted, Mfry Heringn C mmunity Development Director 1 0J �40 Approved for submission by: fI'lVe 1. Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Project design layout 3. Citrus Course HOA letter dated December 10, 2003 4. Planning Commission Minutes — 12/23/2003 66 001 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2003-096, ZONE CHANGE 2003-117, SPECIFIC PLAN 2003-069 AND TENTATIVE TRACT MAP 31798 ENVIRONMENTAL ASSESSMENT 2003-486 ROBERT SELAN WHEREAS, the City Council of the City of La Quinta, California, did on the 6" day of January, 2004, hold a duly -noticed Public Hearing to consider certification of Environmental Assessment 2003-486, prepared for General Plan Amendment 2003-096, Zone Change 2003-117, Specific Plan 2003-069 and Tentative Tract Map 31798 (hereinafter "Project"), a request by Robert Selan to develop a gated 250-unit common undivided interest subdivision, with clubhouse/restaurant and ancillary uses on a ± 21 acre site, located at the northwest corner of Avenue 52 and Jefferson Street, more particularly described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of December, 2003, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Environmental Assessment 2003-486, prepared for the proposed Project; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of December, 2003, adopt Planning Commission Resolution 2003-110, recommending that the La Quinta City Council certify Environmental Assessment 2003-486, prepared for the proposed Project; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director conducted an Initial Study (Environmental Assessment 2000-486) and determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of Environmental Impact should be certified; and, P:\Wally\Casedocs\Current\Watermark\resoeacc486.doc 0 Z City Council Resolution 2004- Environmental Assessment 2003-486 — Robert Selan Adopted: January 6, 2004 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following findings to certify said Environmental Assessment: 1. The proposed Project applications will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. The Project will not have the potential to substantially reduce or cause 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. 2. 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. 3. The proposed Project applications will not have the potential to achieve short term goals, to the disadvantage of long-term environmental goals, as no significant effects or environmental factors have been identified by the. Environmental Assessment which can not be mitigated. 4. The proposed Project applications will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed Project. 5. The proposed Project applications will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no substantial evidence in light of the entire record that the Project may have a significant effect on the environment. 2 203 City Council Resolution 2004- Environmental Assessment 2003-486 — Robert Selan Adopted: January 6, 2004 7. The City Council has considered Environmental Assessment 2003-486 and determined that it reflects the independent judgement of the City. 8. 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). 9. The location and custodian of the City's records related to this Project is the Community Development Department, located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That is does hereby certify Environmental Assessment 2003-486 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61h day of January 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California 3 204 City Council Resolution 2004- Environmental Assessment 2003-486 - Robert Selan Adopted: January 6, 2004 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 resoeacc486 1 205 Environmental Assessment 2003-496 Environmental Checklist Form 1. Project title: General Plan Amendment 2003-096, Zone Change 2003-117, Specific Plan 2003-069, Tentative Tract Map 31798, Watermark Villas 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Wally Nesbit 760-777-7125 4. Project location: Northwest corner of Jefferson Street and Avenue 52. APN: 772-220-007 5. Project sponsor's name and address: Robert Selan 23-679 Calabasas Road, #386 Calabasas, CA 91302 6. General plan designation: 7. Zoning: Current - Neighborhood Commercial Proposed - Medium High Density Residential Current - Neighborhood Commercial Proposed - Medium High 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.) The proposed project site consists of 21 acres located at the northwest comer of Jefferson Street and Avenue 52. The site is in agricultural use, but commercially dormant. The proposed project would result in the construction of up to 250 condominium units, 9 swimming pools, 2 lighted tennis courts, a clubhouse/restaurant, an office with sundry store, and ancillary facilities. The project proposes 31 two story, eight unit buildings and one single story two unit building, all with underground parking. The General Plan Amendment and Zone Change are required to change the land use designation from its current Neighborhood Commercial to Medium High Density Residential, to allow the residential land use. The Specific Plan has been prepared to establish design standards and guidelines for the project. The Specific Plan does not, however, include floor plans or elevations, and no Site Development Permit application has been submitted. The Tentative Tract Map is required to allow conveyance of the condominiums. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Single family residential, golf course - Citrus Course Country Club South: Avenue 52, Vacant, Golf Course (Silver Rock Ranch) West: Single family residential, golf course - Mountain View Country Club East: Vacant Neighborhood Commercial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -1- zos 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 Air Quality Cultural Resources Geology /Soils Hydrology / Water Quality Land Use / Planning Noise Population / Housing Recreation 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, g 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. Name / Signature / Title Date 10 -2- 207 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 that 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. L -3- 208 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-c) The proposed project occurs on both Primary (Jefferson Street) and Secondary (Avenue 52) Image Corridors. As such, landscaped parkways will be required to conform to the requirements for Image Corridors in the General Plan. The project proposes to maintain a number of the date palm trees as part of the project landscaping. This landscaping feature will improve the aesthetic of the site both for residents and for those traveling on both Jefferson Street and Avenue 52. Impacts associated with scenic vistas and aesthetics are expected to be less than significant. I. d) The proposed project site is currently vacant. The project will generate light from landscaping lighting as well as from lighting of the proposed tennis courts on the eastern boundary of the project. All lighting is required to be contained on -site, including the lighting for the tennis courts, which will have to be shielded to ensure that they illuminate only the courts themselves. No stadium type lighting will be allowed. The standards imposed by the City for project lighting will therefore lower impacts to less than significant levels. 4 14 -4- 1 zr,9 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) 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) II. a-c) The proposed project site is, and has been, a date palm grove. The proposed project design proposes to maintain a number of the date palm trees within the landscaping, which will preserve this traditional agricultural feature on site. The date palm trees can successfully continue production in the urban environment, and should be maintained as producing trees once integrated into the site. The site's size, 21 acres, limits its potential for long term agricultural potential, especially since the location is entirely urban in nature. The site's value as agricultural land, therefore, is considerably limited by both its size and location. Its loss in agricultural production will be a less than significant impact on agricultural resources in the area. ` L 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 that exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a, b & c) The City's primary source of pollution is the automobile. The proposed project will result in up to 250 residential dwelling units, which could generate up to 1,465 trips per day'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions are expected to be generated from the project site. 1 "Trip Generation, Oh Edition," Institute of Transportation Engineers, Residential Condominium category. -6- 11 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Length (miles) Total miles/day 1,465 x 15 = 21,975 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 1,977.75 51,421.50 10,548.00 - 219.75 219.75 Pounds at 50 mph 4.37 113.51 23.28 - 0.49 0.49 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1,465 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 °F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The project's potential impacts to air quality 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 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 The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 554.4 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. -7- 1 4, 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower hydroseed mix 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 Avenue 52 and Jefferson Street shall be installed immediately following mass grading of the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM 10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. 5:11 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the ro'ect. a) Have a substantial adverse effect, x either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ("Watermark Villas Biological Resources Survey," AMEC, October 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? ("Watermark Villas Biological Resources Survey," AMEC, October 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? ("Watermark Villas Biological Resources Survey," AMEC, October 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? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation J -9- 14 policy or ordinance? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) 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? ("Watermark Villas Biological Resources Survey," -MEC, October 2003) IV. a-f)A biological resource survey was prepared for the project site 2. The survey found that the agricultural activity had significantly impacted the site's potential for indigenous species, and that the likelihood that sensitive species, including the Burrowing Owl, occurred on the site was extremely low. The survey included both site inspections and record searches. In the site inspections, no Burrowing Owl was observed on the site. Although the species can often be found in agricultural lands, date palm groves, which do not provide clear views of the species predators, are not suitable for their use. The survey further did not identify species under consideration in the Coachella Valley Multiple Species Habitat Conservation Plan on the site. Given its use as agricultural land, and its relatively isolated location, with development on two sides and roadways on two sides, the site's value for indigenous species is limited. Impacts of development of the project site on biological resources are expected to be less than significant. 2 "Watermark Villas Biological Resources Survey," prepared by MEC Earth and Environmental, October 2003. -10- 415 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 ' 15064.5? ("Historical/Archaeological Resources Survey..," CRM Tech, October 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Historical/Archaeological Resources Survey..," CRM Tech, October 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Resources Assessment," CRM Tech, October 2003) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Historical/Archaeological Resources Survey," CRM Tech, October 2003) V. a, b & d) A cultural resource survey was completed for the project site 3. The records search identified several sites in the area of the proposed project, but none immediately adjacent; while the historic record shows structures on the property dating back 60+ years which are no longer in existence. The field survey identified neither historic nor archaeological resources on the site. Since cultural resources can remain buried, including on agriculturally active sites, the following mitigation measure shall be implemented to assure that any buried artifact is adequately mitigated. 1. Should any historic or archaeological artifact be uncovered during any earth moving activity on the site, all work shall cease, and an archaeological monitor shall be retained to evaluate the material. The archaeologist shall be empowered to stop or redirect earth -moving activities. The archaeologist shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. Implementation of this mitigation measure will assure that any potential impacts to cultural resources are mitigated to a less than significant level. 3 "Historical/Archaeological Resources Survey Report," prepared by CRM Tech, October 2003. -11- _.Is V. c) A paleontologic survey was conducted for the project site 4. The study included both records searches and field surveys. The field surveys found remains of freshwater snails and mollusks, which are considered evidence of Halocene Lake Cahuilla lakebed. The study further found that excavation at the site could result in the identification of additional materials, and that impacts could be significant without mitigation. The following mitigation measure shall therefore be implemented: 1. A paleontologic monitor shall be on site during earth moving activities on any portion of the site where undisturbed Lake Cahuilla lakebeds occur. The monitor shall quickly salvage any uncovered fossils and avoid construction delays. The monitor shall be empowered to stop or redirect earth -moving activities. All specimens shall be professionally collected, cleaned and curated. The monitor shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. With the implementation of this mitigation measure, impacts to paleontologic resources will be reduced to less than significant levels. 4 "Paleontological Resources Assessment Report," prepared by CRM Tech, October 2003. 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? ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) ii) Strong seismic ground shaking? X ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) iii) Seismic -related ground failure, X including liquefaction? ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) iv) Landslides? ("Geotechnical Engineering X Report," Earth Systems Southwest, October 2003) b) Result in substantial soil erosion or X the loss of topsoil? ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) 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 ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the -13- 2l8 disposal of wastewater? (General Plan Exhibit 8.1) VI. a-e) A geotechnical study was prepared for the proposed projects. The analysis found that the site is located in a seismic Zone 4, and that like other parts of the City, a significant earthquake in the region will result in significant groundshaking at the project site. The study also found that the soils at the site are suitable for both the above -ground and underground facilities planned for the site. The City Engineer will require site specific analysis of the soil conditions on the site with the submittal of grading and building permits. These analyses will provide the City with the data to ensure that the structures are constructed to a sufficient standard to withstand significant ground shaking. The study also determined that the site is not susceptible to liquefaction, landslides or expansive soils. Although the site is subject to high winds, the applicant will be required to submit a PM10 Management Plan (see Air Quality, above), which will ensure that impacts associated with wind erosion are reduced to less than significant levels. "Geotechnical Engineering Report Proposed 21 Acre Development..." prepared by Earth Systems Southwest, October, 2003. 10 -14- 19 VI. a-e) A geotechnical study was prepared for the proposed projects. The analysis found that the site is located in a seismic Zone 4, and that like other parts of the City, a significant earthquake in the region will result in significant groundshaking at the project site. The study also found that the soils at the site are suitable for both the above -ground and underground facilities planned for the site. The City Engineer will require site specific analysis of the soil conditions on the site with the submittal of grading and building permits. These analyses will provide the City with the data to ensure that the structures are constructed to a sufficient standard to withstand significant ground shaking. The study also determined that the site is not susceptible to liquefaction, landslides or expansive soils. Although the site is subject to high winds, the applicant will be required to submit a PM10 Management Plan (see Air Quality, above), which will ensure that impacts associated with wind erosion are reduced to less than significant levels. "Geotechnical Engineering Report Proposed 21 Acre Development..." prepared by Earth Systems Southwest, October, 2003. 10 -14- 19 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 -15- 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 construction of residential 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 through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. 06 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the pro'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 that 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 -17- ti 222 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 that 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). The proposed project will generate a need for water for residential units and landscaping. The CVWD has prepared a Water Management Plan, which indicates that it has sufficient water sources to accommodate growth in its service area. 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. 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 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. -18- `- 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 and Tract Map will result in the construction of residential units consistent with surrounding development in the area. The General Plan Amendment and Zone Change will increase the amount of Medium High Density Residential land available in the City. The site is located at an intersection where three of the four corners are now designated for neighborhood commercial development, and the use of this site as neighborhood commercial is therefore less likely. The proposed project will not conflict with General Plan designations or policies, and is expected to represent an extension of the existing development in the area. n9 -19- �,?4 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. -20- '� 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? (("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) 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) -21- XI. a-f)A noise impact study was conducted for the proposed project6. The study found that unmitigated noise levels at the subject property can be expected to exceed the City's standards for both exterior and interior noise levels, due to the high volume of traffic expected on both Jefferson Street and Avenue 52. These noise levels, however, can be mitigated through physical improvements to the site, as follows: 1. A minimum 5-foot high wall shall be constructed along the entire frontage of the property on Jefferson Street and Avenue 52. The wall shall be of solid construction, with no openings or cutouts. 2. All buildings along Jefferson Street and Avenue 52 shall be provided with a "windows closed" condition requiring a means of mechanical ventilation. 3. Homes on Jefferson Street and Avenue 52 shall be provided with weather-stripped solid core exterior doors and exterior wall/roof assemblies which are free of cut outs and openings. The project will generate higher noise levels during all phases of construction. This noise generation, however, will occur during the less sensitive daytime hours. Sensitive receptors occur immediately west and north of the project site. They could be subjected to higher noise levels during construction operations. In order to assure that impacts to the occupied dwelling units 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. 6 "APN 772-220-007 Preliminary Noise Study," prepared by Urban Crossroads, October 2003. -22- 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 project site is currently in agriculture, and there will be no displacement or need for additional housing as a result of the proposed project. The project will provide additional Medium High Density Residential Development in the City, and broaden the variety of housing available for current and future residents. Impacts associated with population and housing are expected to be less than significant. 33 Z28 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.) XIH. a) Buildout of the site will have a less than significant impact on public services. The County Sheriff and Fire Departments will serve the proposed project, under City contract. Buildout of the proposed project will generate property tax, which will assist in offsetting 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. 3 -24- -2 2 9 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 on site recreational amenities, including swimming pools, tennis courts and landscaped open space areas, which will provide recreational opportunities for the residents and lower the potential impacts to City facilities. -25- 35 230 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 that 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)? ("Traffic Impact Report...," Paul Singer, PE, September, 2003) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Traffic Impact Report...," Paul Singer, PE, September, 2003) 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)? ("Traffic Impact Report...," Paul Singer, PE, September, 2003) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X ("Traffic Impact Report...," Paul Singer, PE, September, 2003) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) -26- 38 231 XV. a-g) A traffic impact report was prepared for the proposed project. The traffic impact report found that the daily trips associated with the proposed project will not significantly impact the circulation at the intersection of Jefferson Street and Avenue 52. Further, the General Plan Amendment and Change of Zone, from a commercial to a residential land use, will provide an overall reduction in trips at this intersection, since a commercial project at this location would result in considerably higher traffic volumes, particularly during the peak hour. The traffic study also found that access from the project site on Avenue 52 should be right in-right-out/left-in only, and that on Jefferson should be right - in -right -out only. No other mitigation measures are necessary. 7 "Traffic Impact Report for Watermark Villas at SilverRock Ranch," prepared by Paul Singer, P.E., September 2003. 37 -27- ry 7 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.) -28- n 2 3� XVI. a-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. No significant impacts are expected as a result of the construction of the proposed project. -29- 3 9. 0.3 4 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 that will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has been identified as having a potential for paleontologic resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVH.b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. The proposed project varies from the standard subdivision often proposed in the City, and will broaden the City's housing stock. -30- 235 XVII. c) The project will not have considerable cumulative impacts, and will reduce cumulative traffic impacts by changing the land use from commercial to residential. 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. Noise impacts 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. Not applicable. 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 that were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. r �36 -31- b 5 4. ti 0 0 U W a� CA CA g o O Z Olt "O z. A 0 ,4 a via �aa � �o M �O O C N M C go. U OQ N U cd O O � � cn 000 .. O Z� z a� F � a C- A w� z a �x OV 0 0 0 W b U a •� •� a d .a .� o .� •a r. W. UrA 4-1 � b 4 O G� •° o •���°,, o .° .° a Ln Cd o 4--ao . o b to r. .o Cd 04 4-1 A � A A A A v A Q3'"i A C a V V U GA V A pp Z 4i 4-4 b F K " v� '.y v a ,- - 0 O O � bA r a -15 b � a '� �UD �b o �tn� w Onoas 237 F A z �w Ov a W .bow .bow cad o OO rn a a vl a a a � G7 ° z O w� o 0 wz � a a UA UA a� o •� �°to '0 U O O O ¢� 4-4 w � 43 238 F ' A a �W OV H4-0 V1-0 V U d .0 oo' U U O O O N a w c� b b b b b b 4-1 3 Z O o •� 1124 °`-' w814 U gz ONO O Cd E O �w O U a'0 o y 3 •� c"a�i 'G i� 4 a 0 •d a W S 3 �0�o �, °'"' • a •�� �o� po! U C ^' y U � •� U O N U U> y > O O O 8 "d O •� � � O O �' u� r 4. 9tb � a� u P6: IA 239 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT, FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ON ± 21 ACRES, LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET CASE NO: GENERAL PLAN AMENDMENT 2003-096 APPLICANT: ROBERT SELAN WHEREAS, the City Council of the City of La Quinta, California, did, on the 6t' day of January, 2004, hold a duly -noticed Public Hearing to consider General Plan Amendment 2003-096, a request by Robert Selan to amend the La Quinta General Plan Land Use Element, from Neighborhood Commercial to Medium High Density Residential on a ± 21 acre site, located at the northwest corner of Avenue 52 and Jefferson Street, more particularly described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of December, 2003, hold a duly -noticed Public Hearing to consider adoption of a recommendation on General Plan Amendment 2003-096; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of December, 2003, adopt Planning Commission Resolution 2003-1 1 1, recommending to the La Quinta City Council approval of General Plan Amendment 2003-096; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of said General Plan Amendment: 1. This General Plan Amendment is internally consistent with policies and programs of the General Plan. The proposed General Plan Amendment focuses on the Land Use Plan only; the proposed project for which this Amendment was prepared is consistent with all other aspects of the General Plan. The Amendment will allow increased housing opportunities while maintaining a low density character in the area, consistent with goals as stated in the General Plan. j 240 Resolution No. 2004- General Plan Amendment 2003-096 - Robert Selan Adopted: January 6, 2004 Page 2 2. The General Plan Amendment will not create conditions materially detrimental to the public health, safety and general welfare. The property involved in the Amendment is served with adequate utilities, public services and access. 3. The new land use designation of Medium High Density Residential (MHDR) is compatible with adjacent properties, in that other residential projects are being developed in the immediate area of the subject land. The proposed MHDR designation provides a better transitional land use, and allows a buffer from the main arterial roadways that border the subject property. 4. The new land use designation is suitable and appropriate for the subject properties, as they are served with direct access to Avenue 52 and Jefferson Street, and can be served without adverse impact by all necessary public services and utilities. There are no natural physical constraints to restrict development of the property at this designation. 5. Approval of this General Plan Amendment is warranted, as the situation and surrounding conditions affecting the property have substantially changed since the property was designated Neighborhood Commercial. Development pressure has been building greatly over the past few years. The area once was sparsely developed, with little or no sign that surrounding approved projects would ever develop. The surge in housing demand in the City has caused many of these projects to quickly evolve. The need for more housing opportunities, beyond low -density residential country club development, warrants this proposed Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve the above -described General Plan Amendment request (Exhibit A) 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 6th day of January, 2004, by the following vote, to wit: 46241 Resolution No. 2004- General Plan Amendment 2003-096 - Robert Selan Adopted: January 6, 2004 Page 3 AYES: NOES: ABSENT: ABSTAIN: DON 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 WAN IPI=PF=RcnN gTRFFT m X OD D G) D N3 0 0 w Co co m 243 T- o ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET ZONE CHANGE 2003-117 APPLICANT: ROBERT SELAN WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23" day of December, 2003, hold a duly -noticed Public Hearing to consider a recommendation on Zone Change 2003-1 17; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council approval of Zone Change 2003-1 17; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 6" day of January, 2004, hold a duly -noticed Public Hearing to consider the recommendation of the La Quinta Planning Commission on Zone Change 2003-1 17; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2003-486); and, WHEREAS, the Community Development Director has determined that Zone Change 2003-117 will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, at a public meeting held on 6th day of January, 2004, said City Council did affirm the Planning Commission findings regarding the referenced case, and further, did find the following facts to justify approval of Zone Change 2003-1 17: 1. This Zone Change is consistent with the General Plan in that the proposed Zone Change will allow increased housing opportunities while maintaining a low'density character in the area, consistent with the goals as stated in the General Plan. 49 244 Ordinance No. Zone Change 2003-117 - Robert Selan Adopted: January 6, 2004 2. The Zone Change is suitable and appropriate for the property involved, as it is located on a major intersection, affording direct access to main transportation arteries and public transportation options, which makes the site more suitable for a higher intensity residential use than in the surrounding areas. 3. The Zone Change is compatible with the zoning on adjacent properties, in that the proposed change from Neighborhood Commercial (NC) to Medium High Density Residential (RMH) is a more compatible zoning with the surrounding RL zoned lands, which are being developed with low density country club uses. The RMH zoning provides a better transitional land use, and allows a buffer from the main arterial roadways that border the subject property. 4. This Zone Change will not create conditions materially detrimental to the public health, safety, and welfare, in that the properties involved are served with adequate utilities, public services and access to properly supported development at the requested land use designation. 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 rezone a portion of real property, from Neighborhood Commercial to Medium High Density, at the northwest corner of Avenue 52 and Jefferson Street. Property is illustrated in Exhibit "A" attached hereto, and more specifically described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY SECTION 2. ENVIRONMENTAL: Zone Change 2003-1 17 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 Director has determined that Zone Change 2003-1 17 will not have a significant adverse effect on the environment. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 50 245 Ordinance No. Zone Change 2003-117 - Robert Selan Adopted: January 6, 2004 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of January, 2004, 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, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1-1 W U. 133818NOSa3A-43f T T co O O N U N Q m X w V a "' 17 J ti RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A SPECIFIC PLAN TO ALLOW 250 CONDOMINIUM UNITS ON A ± 21 ACRE SITE, LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. CASE NO: SPECIFIC PLAN 2003-069 APPLICANT: ROBERT SELAN WHEREAS, the City Council of the City of La Quinta, California, did, on the 6tn day of January, 2004, hold a duly -noticed Public Hearing to consider a request by Robert Selan for approval of development principles and design guidelines for Specific Plan 2003-069, to allow a common undivided interest subdivision of 250 condominium units on a ± 21 acre site, generally located at the northwest corner Avenue 52 and Jefferson Street, more particularly described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of December, 2003, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Specific Plan 2003-069; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of December, 2003, adopt Planning Commission Resolution 2003-113, recommending to the City Council approval of Specific Plan 2003-069; and, WHEREAS, said Specific Plan application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2003-486), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, 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 pursuant to Section 9.240.010 of the Zoning Code to justify granting approval of said Specific Plan: 248 53 City Council Resolution 2004- Specific Plan 2003-069 — Robert Selan Adopted: January 6, 2004 1. Consistency with the General Plan: The proposed Specific Plan 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 Medium High Density Residential (MHDR) Land Use designation. 2. Public Welfare: Approval of the proposed project will not create conditions materially detrimental to public health, safety and general welfare in that this issue was considered in Environmental Assessment 2003-486, and no significant health or safety impacts were identified for the proposed project. 3. Land Use Compatibility: The proposed Specific Plan is compatible in terms of surrounding land uses, in that other residential projects are being developed in the immediate area of the subject land, as lower density country club residential. The proposed MHDR designation provides a better transitional land use, and allows a buffer from the main arterial roadways that border the subject property. 4. Property Suitability: The proposed project is suitable and appropriate for the subject property in that it is located on a major intersection, affording direct access to main transportation arteries and public transportation options, which makes the site more suitable for a higher intensity residential use than in the surrounding areas. The Specific Plan can be served without adverse impact by all necessary public services and utilities. 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 2003-069 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 6thday of January, 2004, by the following vote, to wit: AYES: NOES: 54 249 City Council Resolution 2004- Specific Plan 2003-069 — Robert Selan Adopted: January 6, 2004 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 250 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2003-069 ROBERT SELAN — WATERMARK VILLAS JANUARY 6, 2004 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 2003-069 (SP 2003-069) shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 2003- 069, these conditions shall take precedence. 2. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan or any application thereunder. The City shall have sole discretion in selecting its defense counsel. 3. All changes to the Specific Plan which are required under these conditions shall be made in a revised document to ensure consistency. All other applicable conditions of approval for Tentative Tract Map 31798, and any subsequent amendment(s), shall be incorporated into the revised text for SP 2003-069 in the appropriate sections. The project proponent shall submit five (5) copies of the amended Specific Plan documents within 30 days of City Council approval of the Specific Plan, or issuance of a grading permit, whichever occurs first. 4. SP 2003=069 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2003-486 • Tentative Tract Map 31798 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. 5. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes50 251 City Council Resolution 2004- Conditions of Approval - Recommended Specific Plan 2003-069 - Robert Selan Adopted: January 6, 2004 may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 6. The Specific Plan document for SP 2003-069 (Watermark Villas) shall be revised in conformance with the following: A. The Conditions of Approval for SP 2003-069 and TT 31798 shall be incorporated into the Specific Plan document as an appendix. These documents shall be reflected in the Table of Contents. B. Section VI, Phasing and Implementation 1). Revise the statement regarding tennis courts to read, "The two lighted regulation -size tennis courts are permitted by inclusion within this Specific Plan. As part of the permit requirements to build these courts, a photometric survey of the proposed light standards based on siting and lighting type will be required by the La Quinta Community Development Department. All lighting must comply with the Outdoor Light Control Ordinance provisions as in effect at the time permits are requested.". 2). Add the following provision: "Perimeter wall plans shall be in compliance with the acoustical analysis prepared by Urban Crossroads, dated October, 2003, and with the design standards as specified in the Watermark Villas Specific Plan. All perimeter wall plans shall be reviewed and accepted by Community Development prior to any wall permit(s) being issued.". C. Page 5, Lighting - revise last sentence from dark sky ordinance to Outdoor Light Control Ordinance. D. Page 9, Landscape Development Standards - Include the following standard: "An overall preliminary landscaping plan shall be prepared for all common area landscaping and parkways, pursuant to the requirements of the recently adopted Water Efficient Landscaping Ordinance, to include a preliminary estimate of water use for the entire site. 57 252 City Council Resolution 2004- Conditions of Approval - Recommended Specific Plan 2003-069 - Robert Selan Adopted: January 6, 2004 7. CC&Rs shall be recorded for the 250 condominium units in the project prior to the issuance of any building permits for the units. The CC&Rs shall provide that the frequent rental of the units for 30 consecutive days or less is anticipated. The CC&Rs shall require that all rentals of the units for 30 consecutive days or less shall be subject to the Transient Occupancy Tax ("TOT") established in Chapter 3.24 of the La Quinta Municipal Code ("TOT Ordinance"). The CC&Rs shall further require that the owner of the units shall be responsible, either directly, or through a rental agent, to carry out all obligations of the TOT Ordinance, including the collection, reporting, and remittance obligations. The CC&Rs shall provide a summary of the TOT Ordinance obligations imposed upon the owners and shall be approved as to form and content by the Community Development Director and the City Attorney. The portion of the CC&Rs implementing this condition shall not be modified without the express written consent of the City. The CC&Rs shall further require that on an annual basis, the HOA shall provide an information brochure to all owners of units the describing: (1) the obligation to collect and remit to the City TOT on all rentals for 30 consecutive days or less; and (2) a summary of the collection, reporting, and remittance obligations of the TOT Ordinance. The City Community Development Director shall be provided with a copy the brochure. 58 253 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF THE SUBDIVISION OF ± 21 ACRES INTO A COMMON UNDIVIDED INTEREST TENTATIVE TRACT MAP FOR 250 CONDOMINIUM UNITS CASE NO: TENTATIVE TRACT MAP 31798 APPLICANT: ROBERT SELAN WHEREAS, the City Council of the City of La Quinta, California, did, on the 61h day of January, 2004, hold a duly -noticed Public Hearing to consider a request by Robert Selan for approval of Tentative Tract Map 31798, to subdivide ±21 acres into a common undivided interest subdivision of 250 condominium units, generally located at the northwest corner Avenue 52 and Jefferson Street, more particularly described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of December, 2003, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Tentative Tract 31798; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of December, 2003, adopt Planning Commission Resolution 2003-114, recommending to the La Quinta City Council approval of Tentative Tract 31798; and, WHEREAS, said Tentative Tract Map application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the Community Development Department has conducted an Initial Study (Environmental Assessment 2003-486), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels, 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 wanting to be heard, said City Council did make the following mandatory findings to grant approval of said Tentative Tract Map 31798: 59 254 City Council Resolution 2004- Tentative Tract Map 31798 — Robert Selan Adopte: January 6, 2004 Finding Number 1 - Consistency with CEQA The La Quinta Community Development Department has prepared Environmental Assessment 2003-486. Based on this Assessment, the Community Development Department has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance. Finding Number 2 - Consistency with the General Plan The proposed Tentative Tract Map is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate storm water drainage, and other infrastructure improvements. The project is consistent with the adopted Medium High Density Residential land use designation of up to 12 dwelling units per acre, as set. forth in the General Plan, as amended by General Plan Amendment 2003-096. Finding Number 3 - Consistency of Design and Improvements The design and improvements of the proposed subdivision are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, parking requirements, and timing of their construction. Finding Number 4 - Consistency of Public Easements As conditioned, the design of the subdivision and 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. Finding Number 5 - Public Health and Safety The design of the subdivision and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2003-486, in which no significant health or safety impacts were identified for the proposed project. 00 2�5 City Council Resolution 2004- Tentative Tract Map 31798 — Robert Selan Adopted: January 6, 2004 Finding Number 6 - Suitability of Site The site of the proposed subdivision is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures required for Tentative Tract Map 31798; 3. That it does hereby grant approval of Tentative Tract Map 31798, 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 6" day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 61 256 City Council Resolution 2004- Tentative Tract Map 31798 — Robert Selan Adopted: January 6, 2004 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 257 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31798 ROBERT SELAN — WATERMARK VILLAS JANUARY 6, 2004 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 Title 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: 0 Fire Marshal 0 Public Works Department (Grading Permit, Improvement Permit) 0 Community Development Department 0 Riverside Co. Environmental Health Department 0 Desert Sands Unified School District 0 Coachella Valley Water District (CVWD) 0 Imperial Irrigation District (IID) 0 California Water Quality Control Board (CWQCB) 0 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. G3 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 258 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31798 ROBERT SELAN — WATERMARK VILLAS JANUARY 6, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES storm water discharge permit, Sections 8.70.010 et seq. (Storm water 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. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City.) B. 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"). C. 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. D. 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. E. 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. F. 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. G4 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 259 City Council Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 G. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. 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. 6. 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. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Avenue 52 (Primary Arterial - Option A, 110' ROW) - No additional right of way dedication is required except for an additional right of way dedication at the primary entry of to accommodate improvements shown on the approved Tentative Tract Map and as conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2. Jefferson Street (Major Arterial, 120' ROW) - No additional right of way dedication is required. 8. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 9. Dedications shall include any additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 10. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Said G5 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 260 Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 easement may be reduced to five feet in width with the express written approval of IID. 11. The applicant shall create perimeter landscaped setbacks along all public rights - of -way as follows: A. Avenue 52 (Primary Arterial) - 20-feet from the right-of-way/property line. B. Jefferson Street (Major Arterial) - 20-feet from the right-of-way/property line. The listed setback depths 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. 12. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 13. Direct vehicular access to Jefferson Street and Avenue 52 from lots with frontage along Avenue 52 is restricted, except for those access points identified on the approved Tentative Tract Map, or as otherwise conditioned in these conditions of approval. The vehicular access restrictions shall be shown on the recorded final tract map. 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 15. When an applicant proposes the vacation, or abandonment, of any existing right- of-way, or access easement, the recordation of the tract map is subject to the Applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative 66 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 261 Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 17. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer", "surveyor", and "architect", refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. , Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 19. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a .larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street/Signing and Striping Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical B. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan: 1 " = 40' Horizontal D. Site Development Plan 1 " = 30' Horizontal 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 berm design in the combined parkway and landscape setback area. Other engineered improvement plans prepared for City approval that are not P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 67262 Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building and Safety Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 20. The City maintains standard plans, detail sheets and/or construction notes, for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 21. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. • P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 263 Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 22. Prior to the approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 23. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of �a Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions that are not a part of the proposed improvements; and shall provide for the setting of the final survey monuments. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. P:\Wally\Casedocs\Current\Watermark\coacc31798.doc "264 Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 GRADING 25. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 26. The applicant shall comply with the recommendations of the geotechnical investigation prepared by Earth Systems Southwest, dated October, 2003, to the extent they are applicable. 27. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 28. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. 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. 29. 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. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform to 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 265 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc '.' ` 0 Resolution 2004- Conditions of Approval - FINAL Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 31. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 32. Building pad elevations of perimeter lots shall not differ by more than one foot from the building pads in adjacent development. , 33. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 34. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the 'applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 35. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. 36. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC Engineering Bulletin No. 97.03. More specifically, storm water 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. 37. 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. 38. 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. P:\Wally\Casedocs\Curr n Watermark\coacc31798.doc f 1 2 " " a t\ City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 39. 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. 40. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 41. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 42. Stormwater may not be retained in any General Plan -required landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 43. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 44. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 45. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 46. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 47. 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. 48. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. poll 2 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 267 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 49. 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 50. 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. 51. The applicant shall construct the following street improvements to conform with the General Plan: A. OFF -SITE STREETS 1. Avenue 52 (Primary Arterial - Option A; 1 10' R/W): a. No widening of the north side of the street along all frontage adjacent to the Specific Plan is required for its ultimate width as specified in the General Plan. Other required improvements in the right or way and/or adjacent landscape setback area include: L All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. ii. Class I Off -Street Golf Cart Pathway - Construct 12-foot wide meandering pathway within the 32-foot parkway/landscape set back along the southern boundary of the Tentative Tract Map, only to the extent necessary to connect with same improvements as required for Jefferson Street. The design of the pathway shall be as approved by the City Engineer o3 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc r% City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. 2. Jefferson Street - (Major Arterial - Option A; 120' R/W): a. No widening of the west side of the street along all frontage adjacent to the Specific Plan is required for its ultimate width as specified in the General Plan. Other required improvements in the right or way and/or adjacent landscape setback area include: i. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. ii. Class I - Off Street Golf Cart Pathway - Construct 12-foot wide meandering pathway within the 32-foot parkway/landscape set back along the easterly boundary of the Tentative Tract Map. The design of the pathway shall be as approved by the City Engineer. Reconstruct the existing landscaped median to provide the left turn in with physical left turn out restriction and restore the median landscaping. A. INTERIOR STREETS 1. On -site streets except at entry gate area: construct 28-foot wide full -width improvements (measured from front of curb to front of curb) 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. 2. Private cul de sacs - 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. P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 74 269 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 3. Knuckle - Construct the knuckle to conform with the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 52. All 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 -entry accepted vehicles. 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. 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 full turn -around back out onto Avenue 52 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. 53. 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 Streets/Parking Areas 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or approved equivalents of alternative materials 54. 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. 55. General access points and turning movements of traffic are limited to the following: P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 270 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 A. Jefferson Street - Auxiliary Exit (Jefferson Street, 500 feet north of Avenue 52): Right turn out is permitted. Left turn movements in and out are prohibited. B. Avenue 52 1. Primary Entry (Avenue 52, 750 feet west of Jefferson Street): Right turn in, Right turn out and left turn in movements are permitted. Left turn movements out are prohibited. 2. The Golf Cart Tunnel Access under Avenue 52 to the SilverRock Ranch project on the south side is excluded from this approval, but may be added if approved by separate proposal to the City Council. 56. 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. 57. 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. 58. 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). CONSTRUCTION 59. 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 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. "7 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 271 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 61. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 62. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of Coachella Valley Water District (CVWD) and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. Prior to CVWD review, the applicant shall provide calculations that, meet the requirements of Chapter 8.13 of the Municipal Code - Water Efficient Landscaping. An overall preliminary landscaping shall be prepared for all common area landscaping and parkways, pursuant to the requirements of the recently adopted Water Efficient Landscaping Ordinance, to include a preliminary estimate of water use for the entire site. This plan should be reviewed by the ALRC and accepted by Planning Commission prior to final construction plans being accepted for sign -off. The landscape plan design shall maintain the date palm trees within the overall landscaping concept, as stated in the Watermark Villas Specific Plan Landscape Guidelines, which will preserve a portion of this traditional agricultural feature on site. The date palm trees should be maintained as producing trees once integrated into the site. NOTE: Plans are not approved for construction until signed by the City Engineer. 63. 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 64. The applicant shall provide public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. 65. The applicant shall comply with the following requirements of the Riverside County Fire Department: 77 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 272 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 A. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. B. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. C. Fire Department connections (FDC) shall be not less than 25 feet or more than 50 feet from a fire hydrant and shall be located on the front street side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. D. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. E. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. F. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard (1313 is allowed). Sprinkler plans will need to be submitted to the Fire Department. G. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. H. Fire Department street access shall come to within 150 feet of all portions of the 1 st. floor of all buildings, by path of exterior travel. Minimum road width is 20 feet clear and unobstructed with a vertical clearance of 13 %2 feet clear. Turning radiuses shall be no less than 38 feet outside. The split gate entrance will be approved provided that both gates open when activated by the KNOX system. The auxiliary exit may be restricted to emergency access only however it must allow unrestricted public egress. J. Any commercial operation that produces grease -laden vapors will require a Hood/duct system for fire protection. (Restaurants, drive-thru's, etc.) The applicant or developer shall prepare and submit to the Department for approval, a site plan designating required fire lanes P:\Wally\Casedocs\Current\Watermark\coacc31798.doc Fire with 78 273 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 appropriate lane painting and/or signs. Streets shall be a minimum 20 feet wide with a height of 13"6" clear and unobstructed. K. .Install a KNOX key box on each commercial building and a KNOX key switch on all gated entrances. (Contact the fire department for an application) L. Install portable fire extinguishers as required by the California Fire Code. QUALITY ASSURANCE 66. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 67. 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. 68. 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. 69. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans that 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 70. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 71. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 274 4 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 - Robert Selan Adopted: January 6, 2004 FEES AND DEPOSITS 72. 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. 73. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 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). COMMUNITY DEVELOPMENT 75. Architecture and site plan provisions for all proposed uses, including typical building design for the residential unit buildings, shall be subject to review by the City under the Site Development Permit process. Building heights for the residential unit buildings shall be limited to 26 feet. Height limits for other ancillary use structures shall be as set forth in the Watermark Villas Specific Plan document, or as specified during site development review for each particular use. 76. The design of all parking facilities shall conform to LQMC Chapter 9.150 (Parking). 77. Perimeter wall plans shall be in compliance with the acoustical analysis prepared by Urban Crossroads, dated October, 2003, and with the design standards as specified in SP 2003-069 for Watermark Villas. All perimeter wall plans shall be reviewed and accepted by Community Development prior to any wall permit(s) being issued. 78. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increases or decreases in number of lots, which meet the general criteria above, but involve a change of no more than 5 % of the total lot count of Tentative Map 31798 as approved. Any revisions that exceed o P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 275 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 79. The applicant shall incorporate those measures as outlined in the letter on file dated December 10, 2003, prepared by the Citrus Course Homeowner Association and submitted into the written record, into the plans, CC&R's and other documents as appropriate. If any measure set forth in said letter conflicts with other City requirements and/or standards, alternative methods of compliance shall be investigated that are commensurate with the original standards, and in the absence of any commensurate alternative, the City standard(s) shall take precedence. CULTURAL RESOURCES 80. Should any historic or archaeological artifact be uncovered during any earth moving activity on the site, all work shall cease, and an archaeological monitor shall be retained to evaluate the material. The archaeologist shall be empowered to stop or redirect earth -moving activities. The archaeologist shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. 81. A paleontologic monitor shall be on site during earth moving activities on any portion of the site where undisturbed Lake Cahuilla lakebeds occur. The monitor shall quickly salvage any uncovered fossils and avoid construction delays. The monitor shall be empowered to stop or redirect earth -moving activities. All specimens shall be professionally collected, cleaned and curated. The monitor shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. 82. CC&Rs shall be recorded for the 250 condominium units in the project prior to the issuance of any building permits for the units. The CC&Rs shall provide that the frequent rental of the units for 30 consecutive days or less is anticipated. The CC&Rs shall require that all rentals of the units for 30 consecutive days or less shall be subject to the Transient Occupancy Tax ("TOT") established in Chapter 3.24 of the La Quinta Municipal Code ("TOT Ordinance"). The CC&Rs shall further require that the owner of the units shall be responsible, either directly, or through a rental agent, to carry out all obligations of the TOT Ordinance, including the collection, reporting, and remittance obligations. The CC&Rs shall provide a summary of the TOT Ordinance obligations imposed upon the owners and shall be approved as to form and content by the Community Development Director and the City Attorney. The portion of the CC&Rs implementing this condition shall not be modified without the express written consent of the City. P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 76 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31798 — Robert Selan Adopted: January 6, 2004 The CC&Rs shall further require that on an annual basis, the HOA shall provide an information brochure to all owners of units the describing: (1) the obligation to collect and remit to the City TOT on all rentals for 30 consecutive days or less; and (2) a summary of the collection, reporting, and remittance obligations of the TOT Ordinance. The City Community Development Director shall be provided with a copy the brochure. 82 P:\Wally\Casedocs\Current\Watermark\coacc31798.doc 277 -� ,✓ is r• t Jot -. or ^Im e �_ _ � L� �� `a � t � � a; ! 4b S '3 � s.. � ,lA• *fit � ° ' - r v L T. r' o- �•eik Rn,. `�� � s ;�� mot' ;?� �nv,� E � J� � 1 k� x - M; !'.Y � �7•. �� ., � 5%S��x'�:� s'' ^ �'r` ypT yx.s.R t � c "I1 Si _ .d. w -r� < ,.r �� �Y- •.. i t� `f �- .d• •-i t - >. �u r ..t ����':Ts, '� ' u. . s-°. F,'.. .+'s t ` r.zt `�' {. Yt 4 6 •-�.. >,�• t r ,'� K t'. t F'... t �Y •^ 4`' i Lj; i { . S '� ="z` . r2 Mom, y •;, i .�48r .. �L �.aad� Y� +. -7,_ 1i <4,-�%ty ; � ;, ? "� ,,,,,15: -�Nt�c 4� •�, T.- sr --_ a.^ j��.. c.. tea. s.—,{ ., r �, r 'd : � �-. �:3 _c� ���� •- � n.� '� �, a S` 7, - Y < s, 1 t � i y rs 7 � i •t-. M� Y.�- y}`s `�k .,3+� s y4. -. �y y� �" -'r�C4 y �,,•'d 4� i+ � '4'e,�.�''`+: -�'s` �^ � �§ �: �9. � � 3��"`" k.r ,:o ,�; r-� , P # ;x�a '�:'. �J � �y t`T ,f^r p � ` �y yM1+yk,•�r"`��,�. +'^°p '� �. M1y u � � � �� OMOTOR ATTACHMENT 2 OW a a. w H P w H cn ATTACHMENT 3 v TRUS COURSE HOMEOWNERS ASSOCIATION December 10, 2003 Mr. Tom Kirk, Commissioner La Quinta Planning Commission P.O. Box 1504 La Quinta, CA 91152-1504 General Plan Amendment 03-096 Zone Change 03-117 Specific Plan 03-069 Tentative Tract Map 31798 Watermark Villas Dear Mr. Kirk, I am writing in regard to the proposed project located at the northwest corner of Jefferson Street and Avenue 52 known as the Watermark Villas. The Citrus borders the project on its north and west sides and naturally, our community has concerns about the views from not only the homes bordering the proposed development but also from our golf course. Our Architectural Committee has met with the developer's representatives and they have generously made the following commitments to screen their two story villas and balconies from view from the Citrus community and golf course: Landscaye: _ _ _-- -- _ _ map ap icatton #31798. -- -- • Developer will install rows of palms as indicated on the tentative tract • Developer will construct a 5' high by 8' wide berm and or planter boxes along the entire northerly and westerly perimeters of the Watermark Villas property and will plant mature citrus trees at no more than 20' apart. The developer assures us that the foliage of the trees will extend above the 6' high wall as indicated on the attached sketch effectively screening the villas from the Citrus community's view. In addition, planting within the 150' site line corridor on Jefferson and 52"a Avenue to be on a case -by -case basis. There are no buildings in this site line corridor. • Developer will provide and plant forty trees on the Citrus side of the 6' wall bordering our communities. The trees are to be 36" box size and will be a mix of variegated Jacaranda trees (20) and variegated (non -thorn type) Mesquite trees (20). In addition, these trees will be installed implementing standard planting methods only, no cranes will be utilized. The Citrus Course HOA will determine the exact location of each tree placement. • The Citrus Course. HOA will be responsible for irrigating each of the 40 new trees planted on our property and maintenance will be the responsibility of the Citrus Course HOA. Tennis Courts. • Developer will insure that tennis court use will be limited to the hours of 7:00 AM and 9:00 PM by �ncluding this use time in the CC&R's of the Watermark Association. The developer also agrees that these hours will be strictly enforced. • Lights will have an automatic timer switch that will turn off the light when not in use. Extra trees will be planted around the lighted area to prevent glare to the. Citrus residents if necessary. Villa balcony use: Due to the visibility of these balconies from our community, the developer has agreed that appropriate restrictions will be incorporated into the project's CC&Rs to prevent the use of villa balconies as clothes drying areas, storage areas, and a general repository for tools, grills, toys etc. P.O. Box 4772 Palm Desert, CA 92261-4772 •73-550 Alessandro, Suite 5 Palm Desert, California 852 O 760.346.1161 • FAX 760.346.9918 • E-mail: drm@drminternet.com - www.citruscoursehoa.com City of La Quinta Water Mark Villas Project Page: 2 We were also pleased to learn that the developer plans to construct a golf cart tunnel under Avenue 52 that would allow residents from both communities access to the proposed Silver Rock Ranch project. As the only contiguous neighbor of the Project, we request that we have the right to review and "sign off' on the inclusion of the above stated provisions, before the City approves their rezoning request. We further request that we be notified when detailed plans and specifications have been submitted to the City for approval, so we may have the opportunity to review these documents and make comments as part of the City's approval process. If the City of La Quinta makes the above commitments a condition of Approval, then the Citrus Course HOA will support the development of the Watermark Villas. If you have any questions regarding our concerns, please call me at (760) 771-6835. Yours truly, Tom Morton, President Board of Directors Citrus Course Homeowners Association lop cc: CCHOA Board of Directors T. H. Gallaudet III, Chair, CCHOA Architectural Committee Tom Miller, CCAM, Community Association Manager Desert Resort Management Matthew Hladek, Watermark Villas 4 281 ATTACHMENT 4 Planning Commission Minutes December23, 2003 V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2003-486, General Plan Amendment 2003-096, Zone Change 2003-117, Specific Plan 2003- 069, and Tentative Tract Map 31798; a request of Robert Selan for certification of a Mitigated Negative Declaration of environmental impact; General Plan Amendment and Zone Change to change the land use and zoning designations from Neighborhood Com ..."Al to Medium High Density Residential and the subdivision of a�roximately 21 acres into 250 condominium units for the property I the northwest corner of Avenue 52 and Jefferson Street.F5 1. Chairman Kirk opened the fic f",,earing and,t d for the staff report. Associate Pl��er Wallace Nesbit .1— seated the information contained iff"Ith t if re art, a copy of : is on file in the Community Developffi D ' art ent. 2. Chairman Kirkked if there " any questions of staff. 4�� Commissioner D ` ' t hanked staff h report on the amount of commercial Ian" tlif een lost ht ugh zone changes. He further stated he h metp applicant prior to this meeting w0 Do- " and ..a ,ussed the 4@ ac d a number of issues. His .s.� YR3 c been the ass of comercial land throughout the city RX.d noti areas %,pre the zoning had been changed. This . of commercial lands an issue during the joint meetings " ' ti with" ��� cil in rard to the loss of sales tax revenue and how dI corri `land is to the survival of cities. He asked Rf to mess the justification of how this property could be 10 r nat�` _ commercial to residential after such a short , pert, It weld seem that a mistake was made in originally x key designing tfis site commercial or some reason has come to light x that it longer should be designated commercial. He would like somestification as to why this property should be redesignated. AQ �£ 'stated it is a valid concern and staff has the same concerns Yto how much commercial there should be. He went on to give the history of the site. In regard to the zoning designation, the market does drive the demand for the conversion from commercial to residential. The City does not require market studies to make focused decisions on all zone changes. Commissioner Daniels stated he understands how as planners, you look at the end result and yet in reality the land develops to the demand of the market; however, today's demand for residential may not be what is 8 72 �.� G:\WPDOCS\PC Minutes\12-23-03WD.doc 2 Planning Commission Minutes December23, 2003 needed next year. If this density conversion is approved he would like to know if there are other areas that could be redesignated to make up for the loss of commercial development. 3. Commissioner Tyler noted there is an approved plan for commercial on the southeast corner. Staff stated there has been no desire on the part of the property: der to develop the commercial and there is now an applicon in::for a conversion to residential. It is staff's understands northeast corner will remain as commercial. Staff did a's VIe the surrounding land uses before making this reoendatioNN,pr the land use conversion. 4. Commissioner Daniels "A W4,. if the funnel was a ity. Staff stated it is unknown until 6fore the R'development Agency and get their approval ' Smmissioner Daniels asked if a condominium pl'* ct is built and r° mod out, will it create Transient Occupancy Tax f¢ t City. Staff des, but this site is not currently zoned tc� , b"W", type of f: They would need to apply for a Tourist Qp-mm, , �osigntion. `- 5. I '11 mirk asked ifikinder the specific Plan they would be able ,4go ahem;; with the reni. tal units. City Attorney Kathy Jenson ANA r W mpner meted he too had met with the applicant and it Ig his rstandin they Y did intend to make these rental units. �d 7. Cor �sionegp* ler asked why a conditional use permit was not requi Staff stated that during the review of the project it was detered a conditional use permit was not needed. The lighted e' k tennivO courts are included in the Specific Plan and therefore oved along with the Specific Plan. Commissioner Tyler asked Ythe main access onto Avenue 52 is a right turn only as it is a Fong distance before you can make a U-turn. Assistant City Engineer Steve Speer stated they were encouraged to have an access off of Jefferson Street. Commissioner Tyler asked if the right turn into the project would have a deceleration lane. Staff stated they could be required to comply with the recently adopted Deceleration Lane Policy. Commissioner Tyler expressed his concern over the letter from the Citrus Course Homeowners' 88 283 G:\WPDOCS\PC Minutes\12-23-03WD.doc 3 Planning Commission Minutes December23, 2003 Association. He then noted changes that should be made to the Environmental Checklist. He then went over suggested condition changes. He asked why they were being required to install a golf cart path on the north side of the street when the General Plan designated the south side as having a golf cart path. Assistant City Engineer Steve Speer stated that if the General Plan requires the south, it is a mistake and the condl ,Y would be corrected JIM,¢ accordingly. Commissioner Tyler stat�ondlfions #82 and #62 should be combined. He also ask, ut a parking analysis. Staff stated until more informatiis re' I n the unit sizes, there is nothing to analyze. 8. Chairman Kirk asked if it s staff request or t pl cant's to a Specific Plan,' ' a prepare p explad there isn t hing they are deviatingfrom b using is ;plan. Staff : ok no stand Y 9 h§�R. either way. Chairman Kirk asi the height of a Medium High Density unit. StW.,f, stated 28 feeC: airman Kirk asked why this project was beinop fto to 26 feet off Mated it was believed that with some of�h �� dot being 1' symmetrical setting, it would be best to Imlt aE _ unl~s to the same height to eglo press the view of a bighbc"N "' omes. Chairman Kirk noted l+y wll ;K i FOR h_, met with to applicart`. 9. man Ork asked if Ow.,Japplicant would like to address the , Corgi sjg Ma'hew Hladek, the applicant gave a O% r reser� on on + ect. „ "MAAh ;s 10. C� an 14�d if there were any questions of the applicant. !RNAN � Co sioneaniels asked if this development was conceptually simildC111I o they Desert Willow project. Mr. Hladek stated it is not becau it is a whole ownership and not a timeshare. �, ComrO'ssioner Daniels asked if it would be managed and available K r ntals. Mr. Hladek stated yes, and they would be subject to e TOT for revenue replacement. Commissioner Daniels asked if they would want the deceleration lane on Jefferson Street. Mr. Hladek stated they would not. They only want the one gated entrance. They are only asking for the height of 28 feet rather than staff's recommendation of 26 feet. 284 G:\WPDOCS\PC Minutes\12-23-03WD.doc 4 Planning Commission Minutes December23, 2003 11. Chairman Kirk asked if the applicant had any confirmation as to the TOT being greater than the sales tax. Mr. Hladek stated he does not. 12. Commissioner Quill asked if they took any issue with the letter from the Citrus Course Homeowners' Association. Mr. Hladek stated only with the way some of the iss were worded, but in concept they have no problem with thi quests. Commissioner Quill asked about maintaining the £ ;z alms in a producing manner. Mr. Hladek stated the =`tent to keep them in a healthy condition, not producYdstaff cl d the intent was y p at but not°fir production. that the could produce,, Commissioner Quill asked,00the applicant was into , to assume the complete cost of deing the ;tunnel. Mr.? {x Lek stated yes. 13. Commissioner TWer clarified the " ft once off of Jefferson Street was a right in, r . t. Mr. Hlad� fat d yes. Commissioner Tyler stated the Zo'in allows thblnis court lights to be lit 'NAtill 10:00 p.m., butxllfA. the£ tomply with the agreement made,,,.wth the Cltrt �burse eowners' Association, they C. 3 '„an: a the earl) time of thbir residents. 14. beln� no further q ions of the applicant, Chairman Kirk EQm P r anyoeublic comment. There bein none, asks# t� g the p�k?artld ortion of the hearing was closed and open � NARIz RION. {n Com k ion discussion. H' ; I k 15. ConW sione�►bels stated this was a quality project and he is pleas to hear about the tunnel. He believes they have addressed r the tom; of revenue with the redesignation. 16 " kam issioner Quill stated he too believes they have met his "4 . Wncerns on the tax revenue. Commissioner Daniels agreed. 17. Commissioner Tyler asked if this issue of a rental pool and TOT would require a Tourist Commercial designation. City Attorney Kathy Jenson stated it could be redesignated as Tourist Commercial, or it could be handled similar to the Puerta Azul project where a component was added requiring that the CC&R state that all rentals are subject to the TOT and the City would n,r) G:\WPDOCS\PC Minutes\12-23-03WD.doc 5285 Planning Commission Minutes December23, 2003 want to be sure that all prospective owners are aware of the condition. A condition should be added to the Specific Plan and Tract Map stating this. Commissioner Tyler stated he would like it to go on the record that the developer is willing to pay for the tunnel. City Attorney Kathy Jenson stated the tunnel would require the Agency to dedicate a lot of land sfor this to happen and she would not want to put the Agency place to require this without their approval. A condition c4 be added to require the £, tunnel, upon approval by the Agency.%I, 9val as long as the cost of the land was taken into accow St poted the conditions exclude the tunnel and require l$to addre �' under a different 7,04 7,04 method that is not related °this project's ent at this time. g. � A.. 18. Chairman Kirk agreed this"'Is mn agrees that General Plan At addressed and I' the change. His is weak. 19. Co ears this projet h iticism is th 'sanding proje t. He also ments should be seriously bas made the justification for Specific Plan as written, n. loner Tyler A why 5 cluded the HOA letter in the n. City �torney Kny Jenson stated a condition uld b� , ,Ode that thi text of the Specific Plan be corrected to ain all 11i a text chan4*sand the final conditions as approved time flume �3 t� Y the Chair the s ..... ll and xesubmltted to staff within a speclfled .hWquirements would be included in the final commissioner Tyler stated his concern was in what reg3 end what the "gentlemen's agreement" between projes have agreed upon. n Kirk suggested the agreement conditions be included in development permit when it is submitted for approval. 21 1p, re being no further discussion, it was moved and seconded by commissioner Abels/Tyler to adopt Planning Commission Resolution 2003-1 10, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-486. G:\WPDOCS\PC Minutes\12-23-03WD.doc 6 Planning Commission Minutes December23, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 22. It was moved and seconded by Commissioner Abels/Tyler to adopt Planning Commission Resolution 2003-1 1 1, recommending approval of General Plan Amendment 200", as recommended. a. 6.D. [Meted. ditior �� h Delete the following sentence: "In n, the letter from the Citrus Course Homeowners' s, dated 12/10/03, shall also be incorporated in ap "if; fidix." Add the following sentence: "The HOA Iletpoints shall be considered as part of subsequent provals." ndition added: The Conditions, Covenants and strictions for the project shall include a provision which ites that the project is subject to Transient Occupancy ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 92 ?97 G:\WPDOCS\PC Minutes\12-23-03WD.doc 7 Planning Commission Minutes December23, 2003 25. It was moved and seconded by Commissioner Abels/Tyler to adopt Planning Commission Resolution 2003-114, recommending approval of Tentative Tract map 31798, as amended: a. Condition added: The Conditions, Covenants and Restrictions for the project shall include a provision which states that the project is subject to, Transient Occupancy Tax. b. Condition #51.A.1).a).ii.: Delet'` c. Condition #51.A.2 . a5` ` . ii.-...along the easterly . 3 " boundary of the Tentativet'act and warp around to the tunnel on Avenue 5� �f aprovei built " . d. Condition #55.A: delt', "1ght turn in r e. Conditions #62 ar�82: Combined.' consideration of a plannee&ign psi "a the La Quince corporate Ctra. on a 'fad located . x and Corporal '�Oaniels, Qum, Tyler, and . ABSENT: None. ABSTAIN: a r 'west of Neil Kleine for or Wo commercial buildings in Of. Yacre site for the properties Centre Drive. 1. man irk opened th'"',,-Public hearing and asked for the staff repIN : F g. anage `F Oscar Orci presented the information 10*ftoontar� in t.vreport, a copy of which is on file in the murkaevelopment Department. . i 2. Cha 'Wn KiW asked if there were any questions of staff. ComrWusiondr Tyler asked if this was similar to request of La , . 3 Quintlaza approved at the last meeting. Staff stated that was p i R, corre l lk, 3. airman Kirk asked if the applicant would like to address the commission. Mr. O'Neil stated he was available to answer any questions. 4. There being no other public comment, Chairman Kirk closed the public participation portion and opened the matter for Commission discussion. 94 288 G:\WPDOCS\PC Minutes\12-23-03WD.doc 8 Jan 06 04 O2:12p 10 E P 67-11 b� To: Mayor Adolph La Quinta City Council Members Mr. Tom Kirk, Commissioner La Quints Planning Commission Re: General Plan amendment 03-096 Zone Change 03-117 Northwest corner of Avenue 52 and Jefferson Street Applicant: Robert Selan January 6, 2004 �% 'n Citrus Coup Club that directly ab� 1 own the property at 79780 Citrus, La Quarts, CA a the C try Y VAt the west side of the referenced property. I understand that the applicant has requested that he be allowed to turn the referenced properly into high density (250 residential condo units) for `vacation rentals' that would be managed by an employed management company to lease to overnight or to short term tenants on behalf of the non-resident condo unit owners. I see this as an extension of the short tern housing for the proposed hotel/golf course on the contiguous corner. I feel it is meant and will become short term housing for people to rent high density units for very short periods of time, and who are there to vacation, party and leave the area. They will not be owners or permanent residents and would not have a vested interest in the property. Their towels and cloths would be hung on the balconies, the tennis court lights would be left on at night and the management would turn a deaf ear to enforcing restrictions. I do not feel that the city would be in a position to enforce violations of noise or light restrictions. This use is not compatible with the adjoining single-family residents in the Citrus CountryClub. These are large homes occupied as permanent residences or as second homes. They bring in property tax monies and are not available for short-term rentals. The adjoining property owners would be greatly harmed by such an establishment. Furthermore, I have become aware that the initial and only publication that you sent to me regarding the Public Hearing on the referenced property has had further changes that are not reflected in that mail -out to the property owners. I therefore feel that the Notice of Public Hearing was inadequate and illegal and therefore may be challenged if any further litigation takes place regarding this matter. You should also be aware that anyone who negotiated with the City of La Quints or the applicant regarding the use of the referenced property did so without the knowledge or consent of the adjoining property owners. Although the developer has made some promises regarding the use of the balconies and tennis court lights we do not believe the City has adequate police power to enforce these restrictions. I feel that the proposed plan is not an appropriate use of the referenced property. I request that the proposed zoning change and the proposed specific plan be denied. Sincerely, aC/ Q Douglas D. Naime 4.83 Jan 06 04 04:20p William O'Connell 408 2743136 p.1 A.� c G&brri�s,an CC, Gjm�-� vs-j�nv�- P15kv.xcc— fAX- �-� CLAj.,vee-s& 9ur3 01/07/2004 0808 FAX � 001 /YI lcwr4�Z, S#o/Zn 7��go c l..A �tri�Ty, cA 9'aas3 t WAN'(5m ck / e etu1�/ e 1 T % oZ o 7-RA © F 7wxc G�rn c / 7- a A' Quin s coo o� �v ' OF Co ceA.S',,., 7T2 54, C- 0- i 7W 4eS 6�4, jC-A iR o F 7W/_S' �47- 7`ccv�s aou 75� 1,3A4,en,. �av i �,u•u,l's C!C),Ce-� a ITS % �,� G 4:!!S o Cif fice L- .D�s -- jcr ' C �� ��rA� Tog