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2004 01 20 CC6y# 4 kadja 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 20, 2004 - 2:00 P.M. Beginning Resolution No. 2004-007 Ordinance No.399 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 considering acquisition of real property. 1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957, PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE. 001 City Council Agenda 1 January 20, 2004 2. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, COACHELLA VALLEY WATER DISTRICT V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 010827, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 3. 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 f ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: JOHN FOSTER 4. 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 REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND LA QUINTA DRIVE (APN: 649-030-055). PROPERTY OWNER/NEGOTIATOR: ROBERT CRAIG MANIACI. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY QUEEN SCHEHERAZADE AND HER COURT ON BEHALF OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. 2. QUARTERLY UPDATE BY THE LA QUINTA CHAMBER OF COMMERCE. City Council Agenda 2 January 20, 2004 002 WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE LA QUINTA ARTS FOUNDATION. 2. CORRESPONDENCE FROM THE LA QUINTA ARTS FOUNDATION IN RESPONSE TO CITY MANAGER'S REQUEST FOR STATUS REPORT, DATED JULY 7, 2003. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 6, 2004. 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 20, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT FOR THE PERIOD ENDING NOVEMBER 30, 2003. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR THE PERIOD ENDING NOVEMBER 30, 2003 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2003. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION, PLANNING MANAGER, AND PRINCIPAL PLANNER TO ATTEND THE 29TH ANNUAL CALIFORNIA PRESERVATION CONFERENCE TO BE HELD IN SAN FRANCISCO, CALIFORNIA, APRIL 28 TO.MAY 1, 2004. 5. APPROVAL OF PROPOSAL FOR A 2004/2005 OFFICE OF TRAFFIC SAFETY (OTS) GRANT. 6. APPROVAL TO DESIGNATE JACQUES ABELS TO REPRESENT THE CITY OF LA QUINTA AT THE WORLD WAR 11 MEMORIAL DEDICATION IN WASHINGTON, D.C. 7. APPROVAL OF PARTICIPATION IN THE COACHELLA VALLEY ARTS ALLIANCE'S EVENT "KALEIDOSCOPE." 8. DENIAL OF CLAIM FOR DAMAGES FILED BY WILLIAM A. DURAZO, DATE OF LOSS: NOVEMBER 13, 2003. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28838-1, LA CALA AT PGA WEST, WESTERN PACIFIC HOUSING. GC3 City Council Agenda 3 January 20, 2004 10. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 28838-2, LA CALA AT PGA WEST, WESTERN PACIFIC HOUSING. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP NO. 31772, DESERT CLUB TRACT UNIT NO. 2, POWER FINANCE ASSOCIATES, INC. 12. APPROVAL OF AMENDMENT NO. 4 TO THE CITY OF LA QUINTA, CITY OF INDIO, COUNTY OF RIVERSIDE, CVAG REIMBURSEMENT AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR IMPROVEMENTS TO JEFFERSON STREET FROM HIGHWAY 111 TO INDIO BOULEVARD. 13. APPROVAL OF ADDITIONAL SITE AMENITIES FOR INCLUSION WITHIN THE COVE OASIS/LAKE CAHUILLA TRAILHEAD, PROJECT NO. 2002-02. 14. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT TO BE HELD JANUARY 21-25, 2004 IN THE COACHELLA VALLEY. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE CULTURAL ARTS COMMISSION AND THE COMMUNITY SERVICES COMMISSION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN ART PURCHASE AGREEMENT WITH BILL WARE FOR THE EMBASSY SUITES ART PIECE. A. MINUTE ORDER ACTION 3. CONSIDERATION OF PARTICIPATION IN THE BIGHORN INSTITUTE ART PIECE PROGRAM. A. MINUTE ORDER ACTION. 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 398, APPROVING A REVISION TO THE LA QUINTA ZONING MAP (ZONE CHANGE 2003-117) FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. APPLICANT: ROBERT SELAN. A. ADOPT ORDINANCE ON SECOND READING. 0 e; City Council Agenda 4 January 20, 2004 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. CULTURAL ARTS COMMISSION MINUTES OF DECEMBER 11, 2003 16. COMMUNITY SERVICES COMMISSION MINUTES OF DECEMBER 8, 2003 17 ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES OF DECEMBER 7, 2003 18. PLANNING COMMISSION MINUTES OF NOVEMBER 25, DECEMBER 9, AND DECEMBER 23, 2003 19. HISTORIC PRESERVATION COMMISSION MINUTES OF NOVEMBER 20, 2003 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY A. REPORT REGARDING ATTORNEY GENERAL OPINION ON SHARING OF CLOSED SESSION INFORMATION BY COACHELLA VALLEY MOUNTAIN CONSERVANCY MEMBERS 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR DECEMBER, 2003 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR DECEMBER, 2003 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR DECEMBER, 2003 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR DECEMBER, 2003 9. POLICE CHIEF'S MONTHLY REPORT FOR DECEMBER, 2003 0 of City Council Agenda 5 January 20, 2004 MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE RED LIGHT RUNNER PROGRAM. (REQUESTED BY COUNCIL MEMBER HENDERSON) 2. DISCUSSION REGARDING VOTING RECORD OF LOCAL STATE LEGISLATORS. (REQUESTED BY MAYOR ADOLPH) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the 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. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-462, DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062 AND DEVELOPMENT PLANS FOR SITE DEVELOPMENT PERMIT 2002-754, SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL, TO ALLOW A COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: JEFFERSON-WARING, LLC. A. RESOLUTION ACTION(S) 006 City Council Agenda 6 January 20, 2004 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-492 AND TENTATIVE TRACT MAP 31732, A SUBDIVISION OF 197 SINGLE FAMILY LOTS ON 43.8 ACRES LOCATED AT THE SOUTHEAST CORNER OF MONROE STREET AND AVENUE 60. APPLICANT: MICHAEL LA MELZA A. RESOLUTION ACTION(S) 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-493 AND TENTATIVE TRACT MAP 31733, A SUBDIVISION OF 127 SINGLE FAMILY LOTS ON 37 ACRES LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 61. APPLICANT: MICHAEL LA MELZA A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION ADOPTING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2004/2005. A. RESOLUTION ACTION 5. A JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF A RESOLUTION CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-494 ON THE PROPOSED REDEVELOPMENT PLAN AMENDMENTS AND ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 2 TO INCREASE THE CUMULATIVE TAX INCREMENT REVENUE LIMIT FROM $400,000,000 TO $1,500,000,000. A. RESOLUTION ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on February 3, 2004, commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 7 January 20, 2004 0 e 7 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, January 20, 2004, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, January 16, 2004. DATED: January 16, 2004 3-- JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. u0$ City Council Agenda 8 January 20, 2004 WRITTEN CORRESPONDENCE ITEM: December 29, 2003 Via fax (760) 777-7101 and mail LA QUINTA FOUNDATION Agency Board Members Don Adolph, Lee Osborne, Ron Perkins, Stanley Sniff and Terry Henderson City of La Quinta Redevelopment Agency P. O. Box 1504 La Quinta, CA 92253 Dear Honorable Agency Members: With the sale of the office building on Avenida La Fonda and the imminent sale of the Washington Street property, La Quinta Arts Foundation will be well situated to continue to grow its valued programs and services to the Coachella Valley. Recently, the possibility that La Quinta Arts Festival may establish its home within the Silver Rock Ranch development project has been suggested. With this letter, we respectful request initiation of formal discussions toward that objective for the 23 Annual La Quinta Arts Festival for March 2005 and, as such, request that we be placed on the Redevelopment Agency agenda to discuss this item at the first meting date in February, 2004. We understand that development of the 40 acres of public use area are not contemplated in the phase one development plan, however construction of the immediately adjacent driving range is slated for completion by that time. We would like to explore the possibility that La Quinta Arts Festival 2005 may be held on the driving range, or an alternative suitable location within the project. The board and staff of La Quinta Arts Foundation understand the value of the time-honored partnership between the City and the Foundation, and we know that you realize the value of keeping the Festival in the City that bears its name. Sincerely, Christi Salamone Executive .Director Cc: LQAF Board of Directors Scott Kiner, Kiner Goodsell 009 POST OFFICE BOX 777 A LA QUINTA, CA 92253 A 760 564 1244 A FAX 760 564 6884 WRITTEN CORRESPONDENCE ITEM: January 6, 2004 Honorable Mayor and City Council Member'' City of La Quinta AWL P. O. Box 1504 LA QUInTA La Quinta, CA 92253 Dear Mr. Mayor and Council Members, crr ?T FOUI`IDATIOI`I In a letter dated July 7, 2003 from City Manager Tom Genovese to La Quinta Arts Foundation, by direction of the City Council at the July 1, 2003 meeting, a list of requirements were requested by City Council to further consider La Quinta Arts Foundation's request for renewal of the annual marketing contract. They were: ■ A complete, up-to-date comprehensive status report of the Foundation's current and future plans ■ A complete independent audited financial statement of the Art Foundation ■ A binding assurance from the Foundation that the 2004 Plein Air and Arts Festival well be held in the City of La Quinta As of the date of this letter, representatives of La Quinta Arts Foundation have met individually with all Council members (excepting Perkins who was not available) twice over the months since receipt of the letter where we provided detailed information on: ■ Status of the LQAF's operating condition ■ Information on expansion of mission programs ■ FY 02/03 Audited Financial Statement ■ Status of the disposition of the Washington Street property ■ Details of activities and promotion of those activities planned for 2004, including the 6"' Annual Desert Plein Air and 22"d Annual La Quinta Arts Festival ■ Status of the Permit Application to hold La Quinta Arts Festival 2004 on the Washington Street property. ■ Information on the Board of Directors and their future plans and direction for the foundation Much of the information relayed to Council Members can be found in the published LQAF documents enclosed, LQAF Annual Review 2003 and Independent Financial Audit ending June 30, 2003. By way of this letter we ask Council's further consideration of the request for renewal of the marketing services contract for La Quinta Arts Festival in the amount of $75,000 pursuant to the original proposal. As stated in the beautiful 2003-04 calendar distributed by the City prominently featuring La Quinta Arts Festival and Foundation in March, "The City of La Quinta is nationally known for its involvement and support of the arts." We hope the City appreciates the credibility and value that La Quinta Arts Foundation/Festival contributes to La Quinta's national recognition and prominence, and will continue our long-standing partnership. Sincerely, Christi Salamone Executive Director Cc: Tom Genovese, La Quinta City Manager ("; 10 LQAF Board of Directors POST OFFICE BOX 777 ♦ LA QUINTA, CA 92253 ♦ 760 564 1244 ♦ FAX 760 564 6884 A• JJK LA QU t MTA twTs FOUNDATION LA QUINTA ARTS FOUNDATION .1 Av,vv,ouv...PL rzev�ew 2002/03 J tkL 1, 2002 - j tom 30, 2003 - getter frovi/t e)(eu'Ct'b'*Ve D'b'orec-'tor Dear Friends and Supporters of La Quinta Arts Foundation: Certainly the 2002103 season will long be remembered as one of dramatic but necessary change within the LQAF organization. In correspondence sent out in January, April, and June to the membership, volunteers, and interested parties, we attempted to keep everyone abreast of the rapidly evolving situation and impact to the Foundation of the issues related to the building project, the disappointing 2002 La Quinta Arts Festival (wracked by high winds), the board and staff reorganization, and the work that lay ahead. The call to action was answered with a proactive plan to establish cohesiveness, get consensus on the Foundation's direction, and improve the efficiency of the board of directors. The first step taken was a revision of the bylaws of the organization to include reduction in the number of board members from 30 to a maximum of 13. Led by Chairman Charles Hiiliar, and President Jim Parrish, the small group of committed individuals spent hundreds of hours strategizing the future for LQAF with the extreme challenges left them. Discouragement over the failed building project was pervasive, and was reflected in decreases in membership renewals, and initial reluctance by volunteers to join in. That did not deter the committed staff whose numbers were reduced by over half from 14 to 6, total. They rose to the occasion, fulfilling the mission — even expanding programs, and producing successful revenue generating events. Selling the La Fonda property was not a diversion from the plan to eventually move to the Washington Street site. The timing of the decision to sell was accelerated by the real estate market climate and start-up of the Old Towne La Quinta project that completely surrounds the property. The building has fallen short of serving the needs of the Foundation for many years, but we have been "making due" with a view to relocating to a more suitable site. We have a leaseback agreement with the new owner that runs through 2004. Not all of the news is gloomy, on the contrary, what keeps us going through the adversity are the dear messages and positive reinforcement we receive on a daRy basis from friends, volunteers, and the public we serve. There is a need for our innovative and well -executed programs. We excel at producing quality cultural events. Good people at the Foundation are doing good work and the benefits are numerous and definable. Service agencies and institutions that support us with grants for our worthy programs and sponsors who recognize the value of association with us further strengthen those messages. In the following pages you will read how very successful we were last year at fuffiiling our mission of `Promoting and Cultivating the Arts through Education." We cannot do it alone. We need your confidence and participation. We need your expertise and guidance. We need your ideas and enthusiasm. In short we need you! We must locate anew home for LQAF and the Festival. We must continue to strive for excellence in our offerings and pioneer effective and of client methods of fulflr ling our vital mission. If you have something to offer and want to be a part of our team, please call. Sincerely, Christi Salamone Executive Director G12 A Q L�U N T4 ARN ��4 ARTS FD L/ T1 D N is a non-profit 501(c)3 charitable organization dedicated to its 21 year mission of: Pr-ovzcotivLg aH.a' cuCtLvatLkqg the Arts through FducatLow This mission is accomplished by producing large-scale public events funding educational programming and scholarships led by professionals, volunteers, and artists. 613 La aLdv0:n Aybs FoLeuxAntbovil 2002/ 03 (a's o fiko'd 30, 2003) Board Of Directors Jim Parrish President Charles Hilliar Chairman of the Board Mike Fedderiy Chief Financial Officer Joan Foster Secretary David Chapman Haddon Libby Susan Schiffer Directors Emeriti Nancy Marks Kay Wolff Staff Christi Salamone Executive Director Kathy Taylor Administrative Manager Anne Barnes Director of Education Kathleen Hughes Events Manager Stevie Blankenship Volunteer Coordinator Jim Christian Staff Accountant Contact Information 78080 Avenida La Fonda P.O. Box 777 La Quinta, CA 92253 760-564-1244 Fax: 760-564-5884 www.lqaf.com E-mail: info C igaf.com 6-14 - �c(u.catlbo w Proe ra wt.s DOCENT PROGRAM: Making Friends With Great Works Of Art La Quinta Arts Foundation's signature docent outreach program, Making Friends with Great Works of Art, was brought to over 4,400 fourth and fifth graders in 2002/03 attending the Desert Sands and Coachella Valley Unified School Districts. Making Friends with Great Works of Art uses visual art principles and concepts to stimulate critical thinking and creative expression in all academic disciplines. Volunteer docents are formally trained by La Quinta Arts Foundation's Education Department to lead students through a series of lessons introducing the "elements of art." Through these lessons, our docents introduce art concepts including art history, art criticism, and aesthetic valuing. The docents, in a team approach with the classroom teacher, also present special hands-on projects that incorporate the techniques and methods used by the master artists spotlighted in the program. During 2002-03 La Quinta Arts Foundation offered Making Friends with Great Works of Art classes to the following schools within the Coachella Valley Unified School District (CVUSD) and the Desert Sands Unified School District (DSUSD). Docents donated a total of 2,100 volunteer hours to this program during 2002-03. Adams Elementary (DSUSD) Amelia Earhardt Elementary (DSUSD) Carter Elementary (DSUSD) Cesar Chavez School (CVUSD) Eisenhower Elementary (DSUSD) Gerald Ford Elementary (DSUSD) Hoover Elementary (DSUSD) Johnson Elementary (DSUSD) Kennedy Elementary (DSUSD) Lincoln Elementary (DSUSD) Monroe Elementary (DSUSD) Palm View School (CVUSD) Roosevelt Elementary (DSUSD) Truman Elementary (DSUSD) Van Buren Elementary (DSUSD) Mountain Vista (CVUSD) Westside School (CVUSD) 2002/03 Docents • La Quinta Arts Foundation wishes to acknowledge and give SPECIAL THANKS to the following docents for their valuable work in bringing the Making Friends with Great Works of Art program to elementary schools in both the Desert Sands and Coachella Valley Unified School Districts. May Bailey Nan Bauder Patti Buhai Judie Cothrun Mary Downen Deana Elsom George Elsom Mary Hagarth Lisa Herbst Judith Hoyt Joanne Humphreys Carolyn Keith Cindi Kelly Pat Kessler Karel Lambell Velods Lang, , -- Judy LeBlang Lynne Lockwood Norma Margot Marcella Marrinan Carol Masters Ken Maxwell Mary McKinley Betty Morgin Gloria Mucciolo Ann 011inger Carol Orendy De$nie Parrish Audrey Pitruzella Lynn Potter Bonnie Powell Tom Randall Rosita Shamis Mary Sullivan Gloria Walther 015 i Pro ra Young At AP>�— Provides after school and summer hands-on art instruction for children ages 7-12 in a variety of art disciplines through skill -based classes, working in partnerships with local social service agencies. "Fun with the Masters" — Originally offered at the Boys and Girls Club in La Quinta; 4 this program was expanded in 2002/03 to the Indio Boys and Girls Club site funded by a grant from the Regional Access Project Foundation and Target stores. Docents Patti Buhai (La Quinta) and Gloria Mucciollio (Indio) provided 600 children (unduplicated) with 3,215 individual lesson exposures through a series of classes themed "Fun with the Masters" introducing masters such as Georgia O'Keefe, Claude Monet, and Pablo Picasso and their techniques. These classes are held three days a week after -school throughout the entire school year and during summer recess. Youth Art Works-- under the supervision of professional artists and qualified r youth leaders, students are trained to create public art in their communities. The following Youth Art Works projects were completed during 2002/03: F Sunline Transit Shelter Poster Competition - LQAF, in partnership with The Desert Sun, Fairway Outdoor Advertising, KMIR 6, and the City of La Quinta, promoted a poster competition for youth 17 years and younger, depicting what life will look like in the Coachella Valley in 75 years. The ten winning images chosen were designed by Cody Pesheck, 11; Alan Legarreta, 11; Lakeisha Jinn M. Rodas, 11; Dallas Aldridge M. Rodas, 11; Peria Garcia-Robledo, 10; Shawna Foster, 9; Jessica Troche, 10; Randy Garcia-Aguiar, 11 and Joel Rogriguez, 12. 10 were unveiled at an installation press conference on October 22, 2003 in La Quinta. Subsequently the winning posters were installed on various Sunline transit shelters viewed by tens of thousands of drivers and passengers every day. Amistad High School Art Program — A new program made possible through a grant received from the Dwight Stewart Foundation serves at -risk youth in an attempt to redirect negative habits to positive artistic energies, to encourage matriculation from high school, and to expose these students to the possibility of careers in art and art related fields. A literal application of the program goal was conducted at Amistad High School in a school mural dedicated to tolerance and understanding. It was done using ceramic tile; 18 Amistad students participated in the project. Art Beat— Transports students from culturally under -served areas to professional art venues such as galleries and artist studios. 1,100 fifth -grade students from 12 East Valley schools were taken on free tours to the Palm Springs Desert Museum. 40 Amistad High School students attended LQAF's Adult Museum Tours to LACMA, Huntington, and San Diego Museum of Art. 616 Pro Ira wvs - cowt�wued Special Programs "National Monument Day" / Bureau Of Land Manangement (BLM) — LQAF partnered with BLM to showcase 11 plein air artists and provided hands-on art activities for 75 children on October 36, 2002 at the Santa Rosa/San Jacinto National Visitors Center on Highway 74 in Palm Desert, and The Indian Canyons in Palm Springs. The public was given an opportunity to vote on their favorite painting created that day that would become the poster image for National Monument Day 2003. The winner of the competition was Robert Fleming, with his vibrant water color entitled "Desert Flight." Desert Plein Air 2003 Student Art Workshop with Artists —Twelve Amistad High School students attended a hands-on painting workshop held at La Quinta Civic Center Park on January 24, 2003. Ten Desert Plein Air artists donated their time and expertise giving one-on-one personal instruction to the students, who received painting kits underwritten by The Coeta and Donald R. Barker Foundation. Community Park Art Contest — LQAF, in conjunction with the City of La Quinta, produced an art contest for elementary school students to create art reflecting children's views of their community. The work is displayed permanently at the new La Quinta Community Park Playground. Arches over the playgrounds seven slides will have panels of reproduced student artwork, along with the name of the artist and artist's age. Student Festival Tours — LQAF brought 736 fourth grade students from Adams, Earhart, Monroe, Madison, Chavez, Coachella Valley High, and Johnson schools on tours led by docents to meet with select La Quinta Arts Festival 2003 artists on Friday, March 21. Artists gave demonstrations on their methods and techniques. Students were exposed to a wide variety of art styles and mediums. Children's Festival 2003 Art Center — The Education Department presented a children's interactive art area during Saturday and Sunday of La Quinta Arts Festival where over 500 children created original mixed -media collage projects. The Coeta and Donald R. Barker Foundation and the Joan Dale Hubbard Foundation underwrote the 2003 Festival Children's Garden. 017 vmatbQ V1• I>ro@ ra vv s - cowt�wued Adult Education Programs Museum Tours — LQAF's Education Department set-up and hosted the following three chartered bus tours to famous Southern California museums during 2002/03 at a cost of $75 for LQAF members and $85 for non-members: ■ Lion King November 6, 2002 49 paid adults ■ Huntington & Gamble House January 15, 2003 28 paid adults ■ Los Angeles County Museum of Art February 20, 2003 29 paid adults ■ San Diego Museum of Art April 9, 2003 11 paid adults Workshops — La Quinta Arts Foundation presented three "Desert Plein Air Master Series Workshops" in 2003 featuring three of California's premier plein air artists. The cost for each workshop was $375 for LOAF members and $395 for non- members. Anita West January 27-30 10 paid attendees Diane McClary February 27—March 2 5 paid attendees Mehdi Fallahian April 3-6 4 paid attendees Visual Arts Scholarships La Quinta Arts Foundation awarded $62,800 in Visual Arts Scholarships for the 2003/04 academic year to 41 students pursuing higher education in the arts. A scholarship reception and awards ceremony was held on Sunday, June 1, 2003 at Desert Sands Unified School District's Education Center. More than 300 people gathered to congratulate and view the work of these very talented emerging artists. La Quinta Arts Foundation has donated more than $575,000 in scholarship awards to 277 students over the past 18 years through event proceeds and donations. Applications are made available each February for Coachella Valley high school seniors and students currently attending college or university committed to the pursuit of education and careers in the arts. A scholarship committee comprised of artists, art professionals and educators reviews applications and recommend recipients. Selected students demonstrate excellence in scholastic achievement, artistic talent and focused career goals. Funds are directed to the recipients' college or university of choice upon notification of their enrollment. VISUAL ARTS SCHOLARSHIP AWARD RECIPIENTS 2003/04 ACADEMIC YEAR Continuing Scholarship Recipients Joseph Andrade Adrianne Bonafede Katey Corda Joseph Dunn James Galindo Delfino Gamboa Sandra Gaspar Taylor Josephson Zachary Knoles Kelsey Maddox Patricia Mercado Jennifer Middleton First Time High School Recipients Cassandra Aguilar Minoo Ahooie Alicia Bruning Juan Chavez Jennifer Cooley Lazar Nikolic Ramon Coronado Christopher Dailey Lauren Engler Paulina Gajardo Gregory Lara First Time College Recipients Derek Brown Stephen Gardner Christian Kandora Anna Lawson Michael Wiener Rosa Ramirez Cecilia Santos Linda Schuller Lauren Shibata Veronika Vitsaras Michelle Walker Jovanni Olivares Ashley Rodholm Roberta Runyan Kristin Winters Giselle Woo Benjamin Kandora Eun Lee 010 sc,kolorc,k" Prooram.- cowt%wued Memorial Scholarship Award Recipients-- Memorial scholarships were provided to the following 14 students in the names of their respective benefactors: David J. Marks, Jr.: Katey Coma Ryan Del Ramirez: Melville Keever: Alisa Lawson: James Galindo Delfino Gamboa Gregory Lara Jennifer Middleton Jovanni Olivares Linda Schuller Kristin Winters Jennifer Cooley Roberta Runyan Lauren Shibata Michelle Walker Michael Wiener Giselle Woo LOAF Purchase Awards-- La Quinta Arts Foundation purchased artworks from 2003 scholarship recipients Benjamin Kandora and Michael Wiener to be added to our permanent collection: Arts Mentoring In addition to receiving funds, students also receive much needed guidance through the Arts Foundation's Arts Mentoring Program. Mentors comprised of members of the Scholarship Committee, assist students with issues concerning enrollment verification, college acceptance, course direction, and general academic support throughout the school year. The Education Department of La Quinta Arts Foundation offers SPECIAL THANKS to the following members of the 2001/02 Education & Scholarship Committee for their valuable contributions towards fulfilling La Quinta Arts Foundation's mission of Promoting and Cultivating the Arts through Education: Bert Bitanga Marge Cleveland Judie Cothrun Gloria Mucciolo Hovak Najarian Karen Riley Rosita Shamis Wendie Willson Doris Wilson, Ph.D. 020 �P �P Membership Revenue & Benefits Fiscal year 2002/03 suffered a significant decline in membership renewals, approximately 43% down from the previous year, and many memberships were renewed, but at a lesser level. The decrease was expected through this transition period for the Foundation, and most probably can be attributed to several factors: The overall economic and giving climate, a lack of confidence from the public due to the uncertainty with the building project, and the fact that membership activities were scaled down as a result of budget cutbacks and redirection of financial and staffing resources towards fulfillment of the mission — ART EDUCATION. La Quinta Arts Foundation membership donations for 2002/03 totaled $90,550 from 390 household memberships. Benefits of Foundation membership include tickets to La Quinta Arts Festival, invitations to special membership events, commemorative Festival posters, and "Member Preferred" discounts on LQAF merchandise Membership Events Desert Plein Air 2003 Poster Unveiling— Poster Artist Charles Muench from Markleeville, CA was present to unveil the 2003 Desert Plein Air Poster from his image, "Desert Palms Morning." Foundation members were personally invited to attend the unveiling ceremony and and exhibition of Muench's other works at The River on Saturday, November 9, 2002. Festival 2003 Poster Unveiling— La Quinta Arts Foundation members at the Friends of the Foundation and Patron levels were invited as complimentary special guests to attend the official 2003 poster unveiling on the evening of Saturday, February 22, 2003 at The Gardens at El Paseo. The unveiling was held in conjunction with the "Wine and Music at The Gardens" charity concert series. 2003 Poster Artist Laurie Bender was on hand to personally unveil the poster created from her watercolor image, Desert Spring. A cheese and wine reception preceded the outdoor concert by jazz great Curtis Stigers. The concert was emceed by KJJZ radio personality Jim "Fitz" Fitzgerald. Patrons' Appreciation— Friends of the Foundation and Patron members were given exclusive entrance to the Friends of the Foundation Garden at Festival all four days. The Friends Garden was up scaled in 2003 with offerings of champagne, individually prepared fruit and cheese plates, and personal servers. 021 - n�evu.be►�s��p � �eve�opvU.ewt — cowtiwued Community Fundraisers During 2002/03 La Quinta Arts Foundation was the beneficiary of the following fundraisers hosted by local businesses. LQAF gratefully thanks these partners in art for their support. "Wine & Music at The Gardens" Charity Concert Series — La Quinta Arts Foundation was the designated charity of the Curtis Stigers outdoor concert and wine and cheese reception at The Gardens on El Paseo on the evening of February 22, 2003. All proceeds from ticket sales (420 $10 tickets) to the sold out concert were retained by the Foundation. An added highlight of the evening was the unveiling of the 2003 Festival poster, "Desert Spring," a watercolor by Laurie Bender. Macy's Community Shopping Day 2003 - LQAF was one of the Valley nonprofits selected by the Macy's Palm Desert store to be participating beneficiaries of their annual fundraiser promotion. LQAF sold 56 coupons for $10 each, which gave coupon holders 20% discounts at Macy's on April 15, 2003. LQAF provided volunteers to sell coupons and set up a children's art exhibit at the store on the day of the promotion. CBS2 Charity Challenge — La Quinta Arts Foundation was one of 31 local charities that participated in a series of eight separate events held during the months of May and June with the goal to win cash prizes and ultimately a van donated by Kia Superstore. The competitions were held throughout the desert and pitted charity against charity in contests of skill and mobilization. Unfortunately, LQAF did not win the van (which was envisioned to provide traveling art instruction, possibly to itinerant farm workers' children and tentatively named "Van Gogh„) but placed a respectable 11 " Place. 02� voluv,,teer sew�ces Volunteers are the lifeblood of all Arts Foundation's events, programs, and services. Volunteers are needed to assist throughout the year as docents in schools, and as office volunteers. Event volunteers at La Quinta Arts Festival and Desert Plein Air serve as artist ambassadors, student tour guides, and in areas including grounds layout/set-up, retail sales, information, registration, and in the wine and beer gardens. LOAF Volunteers contributed a total of 5,200 volunteer hours during the 2002/03 season! Additionally, 34 trained docents volunteered more than 2,100 hours to bring art awareness to 5,000 area school children through the Making Friends with Great Works of Art program. Volunteer Open House— La Quinta Arts Foundation hosted an informative Volunteer Open House for approximately 100 current and prospective volunteers on October 18'hat the Palm Desert Library. Staff members distributed information, and attended to sign-up sheets for various volunteer areas emphasizing our volunteer creed, "Special skills are not required, only special people." Festival Volunteers— La Quinta Arts Foundation pays tribute to each and every one of the 435 volunteers of Festival 2003. We offer SPECIAL THANKS to the following Festival Chairs and Co -Chairs who were key people to the success of Festival: Ambassadors Luci Calstoy Stage Robb Atkins Sue Graham Management Jerry Barba Gerry Perchetz Friends Garden Barbara Jamtgaard Gates Mercedes Courting Janet Thompson Bob Courting Bill Hall Artist Garden Pat Strohecker Retail Frank & Fran Lee MacKenzie Handler Information Registration Volunteer Check - In Kay Wolff Marge Cleveland Annette Rakowitz Chuck Thornton Finance Judges' Guides Wine Garden Marge Sinicropi Kelly Hall Marcia Riley Kathy James Lee Miller Volunteer Appreciation— A "Volunteer Garden" was made available each day to Festival Volunteers offering refreshments and continental style breakfasts and lunches. La Quinta Arts Foundation expressed indebtedness to its valuable volunteer force, via a full page ad in The Desert Sun naming each volunteer that contributed time to the Foundation's programs and events. In addition, Festival volunteers who went "above and beyond" were presented with a bottle of wine compliments of Forest -Glen Premiere Wines and two commemorative wine glasses from Festival 2003. 023 �ert A" b La Quinta Arts Foundation presented the 5' Annual Desert Plein Air competition and exhibition Januaryl9-26, 2003. Spectators were encouraged to watch the 55 artists in action during the week from locations throughout the Coachella Valley. Among the juded exhibitors was Charles Muench, Desert Plein Air 2003 Poster Artist, who was selected for his painting, "Desert Palms Afternoon." In addition to the juded exhibitors were Invited Guest Artists: Saim Caglayan from Kilauea, HI; Albert Handell from Santa Fe, New Mexico; and Michael Obermeyer from Aliso Viejo, CA. The weeklong series of Desert Plein Air events included the following components, which were facilitated by the assistance of 118 LQAF volunteers. Artist Registration & Orientation— Sunday, January 19, 11 am to 3pm at La Quinta Resort & Club. Artists remained on the grounds to paint at the historic resort throughout the day attracting very large crowds and media attention. Desert Plein Air Lecture & Quick Draw Competition —Thursday, January 23 at The Living Desert: Lecture 1:00 to 2:15 p.m.; Quick Draw 2:30 to 4:30 p.m. Albert Handell, noted plein air authority and painter, lectured to a standing room only crowd on the history and techniques of plein air painting. The Quick Draw is a competition in which artists have two hours to paint a Living Desert scene. More than 300 individuals remained to watch the artists at work and to attend the Quick Draw Exhibition afterward. Desert Plein Air Public Exhibition & Sale —Saturday & Sunday, January 25 & 26, 10:00 a.m. to 4:00 p.m. at The River in Rancho Mirage. Desert Plein Air artists exhibited their paintings from the past week, as well as others from their private collections. Desert Plein Air art sales reached $110,009; artists donated 20% of their sales to LQAF's Educational Outreach Programs. The River reported that lunch sales increased by over 30% that weekend and requested that LQAF consider doing more shows at this venue. Desert Plein Air 2003 Award Winners— The Best of Show, Quick Draw, and Poster Artist judges were Charles Hilliar, artist and Chairman of the Board for LQAF; Christine Giles, Associate Curator of Palm Springs Desert Museum; and David Batterson, Associate Editor and art columnist for Palm Springs Life magazine. Best of Show— Niles Nordquist, Escondido, CA, "Red Canyon" Quick Draw— Robert Rohm, Flower Mound, TX, "Santa Rosa Mountains" Artist's Choice — Jason Situ, El Monte, CA 2004 Poster Artist- Robert Sandidge, Diamond Springs, CA, �- La Quinta Civic Purchase Awards — Andre Blanche, La Quinta, CA Robert Fleming, Bermuda Dunes, CA Desert Plein Air 2003 Sponsor Recognition— LQAF gratefully acknowledges and thanks the following partners for their support: Premier Sponsor The City of La Quinta Premier Media Sponsor KMIR 6 Promotional Sponsors The River The Living Desert Coachella Valley Printing Group, Inc. G24 - La G2i.cbv�,ta A vts Fest%vG;L Zoos The 21'" Annual La Quinta Arts Festival was held March 20-24, 2003 on the Washington Street site for the second year, where 265 professional artists exhibited their works in painting, sculpture, photography, jewelry, fine craft, drawing, printmaking, and other design categories. ■ A Children's Interactive Art Center on Saturday and Sunday provided a venue for 500 children of all ages to create original mixed media collages. ■ LQAF provided free shuttle parking from downtown La Quinta on Thursday and Friday and from Desert Sands Unified School District offices on Saturday and Sunday. ■ An Opportunity Drawing raised incremental revenue through $5 ticket sales. Prizes were donated by local and corporate businesses. La Quinta Arts Festival 2003 drew 19,815 visitors and scored impressive art sales of $1,597,165. Artists donated 20% of sales to LQAF with total on -site Festival net income reaching $500,828—a 28% increase in net profit over the previous year. Festival Entertainment— Staged daily in the Terraces Amphitheater were performances by popular Valley entertainers Mike Costley, Kai David & the Real Deal featuring Lauri Bono, John Stanley King, Lola Rossi & Johnny Meza, Pat Rizzo, and Yve Evans. Other performers included the Jennifer York Quartet, The Chris Compton Band, The Big Shots Starring Tony Fabulous, Lori Andrews Quartet, John Pagels, and the Patrick McCaffrey Quartet. Jamaica Bob offered his "Calypso for Kids" program on Saturday morning and Mike Costley presented a "Desert All -Star Jam" featuring 18 performers on Sunday afternoon. Marilee Wamer-Riva and Derrik Lewis donated their time to emcee the entertainment. Festival 2003 Poster Artist— Native Californian Laurie Bender, from Sherman Oaks, CA. Her vibrant watercolor painting, Desert Spring, was chosen as the Festival 2003 poster image at the 2002 Festival. Special Guest Artist —Chief Zacheus 0.Olonintoba, 82-year old heir to the throne of Ogidi, Nigeria. Chief Oloruntoba creates tapestries and "toiles"—paintings on cloth using vegetable dyes and ink. His creations have been acquired by the Museum of Modem Art in New York City, and reproduced on UNICEF greeting cards. Festival 2003 Award Winners— Cash prizes totaling $4,000 were awarded to: Best of Show: Fabrice Landa, Sebastopol, CA - Design Awards of Excellence: Painting — Harold Pickem, San Diego, CA Photography — Seth Hoffman, La Quinta, CA Jewelry— John Biagiotti, Ben Lomond, CA Design — Lynn Kishiyama, Paso Robles, CA Sculpture — Elis Gudman & Kirk Slaughter, Bodega, CA Craft— Marilyn Evans &Williams Stevens, Trego, MT La Quinta Civic Purchase Award: John Seeman, Laguna Beach, Sculpture G25 La Qj...d**vutP Ayts festival 00KtLK4Xe9( Festival 2003 Judges— LOAF thanks the following individuals for donating their time and expertise to serve as judges for the Festival artist competition. Two Dimensional ■ Katherine Plake Hough - Direcotor of Art Collections/Exhibitions and Curator of Art, Palm Springs Desert Museum ■ Robert Menifee - Owner of Galleda Dos Damas, Palm Springs ■ Mike Teague - Owner Vin Deo Design in Indio, art teacher at Amistad High School ■ Sandy Swan — Owner Swan Design & Screenprint ■ Randall Erickson — Owner Randall Erickson Contemporary Art Gallery, Palm Springs Three Dimensional ■ John Nagus - Former Art Director City of Palm Desert ■ Hovak Najarian — Professor Emeritus, College of the Desert ■ Russell Jacques — International metal sculptor, credits include The national Gallery of Nova Scotia, The National Ballet of Canada, The National Academy of Design ■ Erik Dolvik - Owner Reverence Jewelry Design Gallery on El Paseo ■ Eric Johnson — co-owner Tre Contemporary Fine Art Gallery on El Paseo Festival 2003 Sponsor Recognition— LOAF gratefully acknowledges and thanks the following partners for their support: Premier Sponsor: The City of La Quinta Exclusive Wine Sponsor: Forest Glen Winery Media Sponsors: KMIR 6 The Desert Sun Presenting Sponsor: West Coast Turf Contributing Sponsors: Heimark Distributing Larsen Golf Cars Trader Joe's Coca-Cola Children's Activities Sponsors: R.D. and Joan Dale Hubbard Foundation Coeta and Donald R. Barker Foundation Opportunity Drawing Sponsors: Delta Air Lines Orient Express Hotels John Weidenhamer Bighorn Golf Club Cuistot Restaurant Balloon Above the Desert Reverence Jewelry Design Gallery C'40.6 La Ouinta Arts Festival — March 20-24, Zoos 2003 Attendance 19,815 Residents vs. Visitors 64% Coachella Valley Residents 36% Out of valley visitors 18% Other California cities 14% Other States (primarily Washington, Oregon) 4 % Other Countries (primarily Canada) Local Resident Breakdown 35% Palm Desert 33% La Quinta 10% Rancho Mirage 8% Palm Springs 8% Indio 7% Indian Wells 4% Cathedral City 4% Other desert cities Ages Attending 31 % 65-74 29% 55-64 21 % 45-54 8% 75+ 7% 35-44 3% 25-34 1 % 18-24 Annual Income 45% $50-100,000 27% $100-200,000 17% $200,000+ 12% Less than $50,000 Primary Reasons for Attending #1 View the artwork #2 Social outing #3 Entertainment #4 Children's art activities Student Tour Visitors Friday, March 20 736 Children Children's Art Center Visitors Saturday, March 21 225 Children Sunday, March 22 275 Children Ma��Zet�wg � �u.b��c R.e�at�ows In November 2002, WordSmiths Communication was retained to provide comprehensive marketing and public relations assistance to La Quinta Arts Foundation. A formal comprehensive communications plan was developed after many hours of planning meetings with board and staff. The plan succeeded in defining target audiences, goals and objectives, provided analysis of targets and established action plans. The plan was re -visited and updated in June 2003 to reflect planning and objectives for the upcoming fiscal year. Although LQAF's marketing budget was cut by two-thirds over previous years, overall 2002/03 objectives were successfully achieved. In spite of the lagging economy and La Quinta Arts Festival beginning the day after war in Iraq was declared, attendance and revenue goals at events were realized with the bottom line enhanced to provide the programming funds required for another year. LQAF also enjoyed good news media coverage of all mission related activities such as the docent program and the scholarship awards ceremony. On the whole, LQAF received very positive and extensive media coverage for all events and activities; existing media relationships were nurtured, and new relationships developed. A large challenge inherited by the public relations team included responding to the negative impact of the Foundation's failure to develop the Washington Street property, in a climate of the much publicized corporate scandals of Enron and WorldCom. Although a few disapproving letters to the editor appeared in The Desert Sun —mostly authored by a contingent of opponents who were unsuccessful at halting the project —equal time and opportunity for rebuttal was negotiated with the publication. Advertising —An estimated 95 million total media exposures were achieved with a limited 2002/03 marketing budget, which employed a targeted direct -mail campaign and concentrated mass media advertising primarily through the following media outlets: The Desert Sun Desert Post Weekly Press Enterprise The Bottom Line Mobile Home News Southwest Arts Magazine Key Magazine KMIR 6 NBC KESQ `- KPSP KEZN KWXY rime Warner Cable Media Sponsors and In -kind Services — La Quinta Arts Foundation thanks the following marketing partners for their support during 2002/03: City of La Quinta - A marketing services contract with the City of La Quinta provided $75,000 for La Quinta Arts Festival Marketing and $25,000 for Desert Plein Air marketing. Through the agreement, the City of La Quinta was featured prominently in television, radio and print advertising, as well as' acknowledged with on -site signage at events. ■ KMIR TV - In the final term on a multi -year contract, KMIR matched $6,000 in television advertising for La Quinta Arts Festival ■ The Desert Sun - $6,000 in print advertising space was donated by The Desert Sun. - WPSkbVLet0VV street - gu�ldi,vt.g project We are sure that everyone familiar with La Quinta Arts Foundation is feeling the same . _ profound sadness as the staff, board of directors, members, and volunteers regarding the Foundation's reluctant decision to abandon the Washington Street building project. Nearly six years of effort went into the planning and initial development of the project, and it is extremely disappointing to count this as the ONLY goal not realized in the Foundation's 21- year history. As communicated to LQAF's constituency through various correspondence over the past year, the combined effect of project cost overruns, the debt structure, meeting the land donor's mandated timelines for completion, failed fundraising in a very poor economic and charitable giving climate, and ultimately not being able to gain occupancy of the site, led the Board of Directors to an inevitable conclusion: to sell the property to satisfy LQAF's outstanding obligations. Conversely, the real estate market in the Coachella Valley remains strong, and the Board correctly surmised that a successful sale of the property had the potential to allow LQAF to recoup investment and remain viable. The decision to actively market the property was made and a real estate broker retained in November 2002. Several initial inquiries have been received and the potential for a successful sale remains strong. It remains LQAF's objective to seek an alternative permanent location for classrooms, galleries, and administrative offices and for La Quinta Arts Festival with proceeds from a sale. It is also our intention to appropriately honor contributors to the project who shared the dream of a regional art education center. We have not given up on ultimately fulfilling that goal. If you have any questions on the Washington Street building project, please contact Christi Salamone, Executive Director at (760) 564-1244 ext. 111. 029 m mcc s cc C ro c = c ; a ,� : w�aQ= m o s O a O. a �a == °3M 9 N a n c m c '► z .. $ w .« CL g V o �° m m m `"' m m < m m (A o m Z 3 ° o o -1 m 0 V m Dc o m ? m2 CC q°r' nc �c >� m Ow cow D0 CD nR c �� a� 3 m0 -o D �m m 0 3 D2_� ?»m °-ma � am'0o c a °- �Dcc� -n o� m��OD O M3 CD C) O I O cc o o f DI o W n ,.. w S Z C7 N o D� a?� � fA O - T `� �; v N O Dc > 7 to � D cc R° Z 0= I Cl) cn Dv ;L ='v ? D o t D .. =r c°� � N n �� cCh CD < �? 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CD CD m m c .. - + o � o' w o? o r O Cl) a CD m o m v �O O N < O) w A N cn co W CAV CAA0 i i 00V 0OCA Cn as V W N N pp WW-+ptO 000CJ�W O 46 N 0 -+Ocnp MMcn ODONOO coCTt N V j Cn � C. r a D me Z oZa a CA) —I a 0 0 a Z`�a —I O Z G31 LA QUINTA ARTS FOUNDATION FINANCIAL STATEMENTS JUNE 30, 2003 leoiort j 3ata C, u r) AN ACCOUNTANCY CORPORATION koiertj J..4t. AN ACCOUNTANCY CORPORATION 82-632 HWY 111, SUITE B-1, INDIO, CALIFORNIA 92201 (760) 347-3665 - FAX (760) 775-7425 ROBERT J. TESTA, CPA BOARD OF DIRECTORS LA QUINTA ARTS FOUNDATION LA QUINTA, CALIFORNIA MEMBER OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS ---------------- --- -------, MEMBER OF THE CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' REPORT We have audited the accompanying statement of financial position of La Quinta Arts Foundation, (a California non-profit corporation) as of June 30, 2003 and the related statements of activities and of cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted the audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of La Quinta Arts Foundation as of June 30, 2003, and the changes in net assets and cash flows for the year then ended in conformity with generally accepted accounting principles. INDIO, CALIFORNIA OCTOBER 22, 2003 ROBERT J. TESTA AN ACCOUNTANCY CORPORATION By ROBEff J. TESTK CPA C+ 3 3 U :— LA QUINTA ARTS FOUNDATION STATEMENT OF FINANCIAL POSITION JUNE 309 2003 UNRESTRICTED TEMPORARILY RESTRICTED - SCHOLARSHIP OPERATING WELDING AND GRANT ASSETS FUND FUND FONDS TOTAL Cash on hand and in banks $ 934,217 $ 0 $ 22,625 $ 956,842 Equipment, net 22,778 0 0 22,778 New Land acquisition costs 0 1,009,161 0 1,009,161 New Land development costs 856,260 3,908,170 0 4,764,430 Deposits 30,830 0 0 30,830 TOTAL ASSETS $ 1,844,085 $ 4,917,331 $ 22,625 $ 6,784,041 LIABILITIES AND r- NET ASSETS Liabilities Accounts payable $ 6,828 $ 44,306 $ 0 $ 51,134 Notes payable 0 943,250 0 943,250 Accrued wages and vacation pay 16,408 0 0 16,408 Bank construction note payable 0 2,649,042 0 2,649,042 Contingent liability (Note 12) - - - - Total Liabilities 23,236 3,636,598 0 3,659,834 _ Net Assets 1,820,849 1,280,733 22,625 3,124,207 TOTAL LIABILITIES AND NET ASSETS $ 1,844,085 $ 4,917,331 $ 22,625 $ 6,784,041 The accompanying Notes to Financial Statements are an integral part of this statement. LA QUINTA ARTS FOUNDATION STATEMENT OF ACTIVITIES FOR TEE YEAR ENDED DUNE 309 2003 SUPPORT AND REVENUES Support Donations and grants Revenues Spring Art Festival Plein Air Show Volunteer services Recovery of fund raising costs Investment income Total Revenues TOTAL SUPPORT AND REVENUES TRANSFER OF FUNDS Net assets released from restrictions Transfer from Building to Operating Fund (Note 13) TOTAL TRANSFER OF FUNDS TOTAL EXPENSES Administration Development Education Depreciation Restricted Fund expenses Total Expenses UNRESTRICTED TEMPORARILY_ RESTRICTED SCHOLARSHIP OPERATING BUIMING AND GRANT FUND FUND FUNDS TOTAL $ 91,550 $ 61,579 $ 9,225 $ 162,354 387,236 0 0 387,236 2,208 0 0 2,208 7,127 0 0 7,127 0 13,467 0 13,467 4,430 101 0 4,531 401,001 13,568 0 414,569 492,551 75,147 9,225 576,923 41,301 0 (41,301) 0 786,556 (786,556) 0 0 827,857 (786,556) (41,301) 0 1,320,408 (711,409) (32,076) 576,923 137,832 0 0 137,832 33,724 0 0 33,724 137,260 0 0 137,260 10,027 0 0 10,027 41,301 0 0 41,301 360,144 0 0 360,144- koierr j 3esta AN ACCOUNTANCY CORPORATION 3 LA QUINTA ARTS FOUNDATION STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUKE 30, 2003 -CONTINUED- UNRESTRICTED TEMPORARILY RESTRICTED SCHOLARSHIP OPERATING WELDING AND GRANT FUND FUND FUNDS TOTAL Increase (Decrease) In Net Assets from Operations EXTRAORDINARY REVENUE Gain from sale of La Fonda Building (Note 6) Increase (Decrease) in Net Assets Net Assets, July 1, 2002 NET ASSETS, JUKE 30, 2003 960,264 (711,409) (32,076) 216,779 401,219 0 0 401,219 1,361,483 (711,409) (32,076) 617,998 459,366 1,992,142 54,701 2,506,209 S 1,820,849 S 1,280,733 $ 22,625 S 3,124,207 The accompanying Notes to Financial Statements are an integral part of this statemed _ , k9olart of. 306fa AN ACCOUNTANCY CORPORATION 4 016 -- LA QUINTA ARTS FOUNDATION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DUNE 30, 2003 UNRESTRICTED TEMPORARILY RESTRICTED SCHOLARSHIP r-i CASH FLOWS FROM (USED BY) OPERATING BUILDING AND GRANT OPERATING ACTIVITIES FUND FUND FUNDS TOTAL Increase (Decrease) in net assets $ 1,361,483 $ (711,409) $ (32,076) $ 617,998 Adjustments to reconcile increase _ (decrease) in net assets to net ` cash provided (applied) by operating activities: Depreciation 10,027 0 0 10,027 Changes in: Accrued interest receivable 431 0 0 4 31 Accounts payable (10,419) 8,998 0 (1,421) Accrued wages payable (2,825) 0 0 (2,825) Prepaid expenses 0 22,658 0 22;658 Other payables 0 (567,833) 0 (567,833) Total Cash Flows From (Used By) Operating Activities 1,358,697 (1,247,586) (32,076) 79,035 CASH FLOWS FROM (USED BY) INVESTING ACTIVITIES Changes in investments 41,600 0 0 41,600 Improvements made (5,119) 0 0 (5,119) New Land development costs (856,260) 580,322 0 (275,938) Deposits (30,830) 30,830 0 0 Book value of property sold 101,540 0 0 101,540 r Total Cash Flows From (Used. By) Investing Activities (749,069) 611,152 0 (137,917) CASH FLOWS FROM . FINANCING ACTIVITIES Bank construction loan advances 0 411,152 0 411,152 Increase in notes payable 0 174,735 0 174,735 Total Cash Flows From =" Financing Activities 0 585,887 0 585,887 �2o6s.t ��ta AN ACCOUNTANCY CORPORATION G 7 5 — LA QUINTA ARTS FOUNDATION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DUNE 30, 2003 -CONTINUED- UNRESTRICTED TEMPORARILY RESTRICTED SCHOLARSHIP OPERATING BUILDING AND GRANT FM FUND FUNDS TOTAL Increase (Decrease) In Cash 609,628 (50,547) (32,076) 527,005 -- Cash and Cash Equivalents, July 1, 2002 324,589 50,547 54, 701 429,837 CASH AND CASH EQUIVALENTS, $ 934,217 $ 0 $ 22,625 $ 956,842 JUNE 30, 2003 SUPPLEMENTARY INFORMATION . Interest paid $ 0 $ 170,847 $ 0 $ 170,847 Income taxes paid $ 0 $ 0 $ 0 $ 0 The accompanying Notes to Financial Statements are an integral part of this statement, AN ACCOUNTANCY CORPORATION 6 u38 LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 SIGNIFICANT ACCOUNTING POLICIES A - Accounting Method La Quinta Arts Foundation maintains its books on the accrual basis method of accounting. During the year ended June 30, 1997 the Organization has adopted the accounting _ treatment prescribed by the statement on financial accounting standards - FAS #117 and the method of reporting for contributions FAS #116. These methods are required for non- profit organizations. Therefore, the financial statement presentation has been made in accordance with these standards. The following are the definitions of the various classes of net assets. Unrestricted Unrestricted assets are those currently available for use or restricted only by the actions of the board of directors of the Organization. Temporarily Restricted Temporarily restricted net assets include gifts or pledges which impose donor restrictions as to the use of the funds. At the time the funds are used for the purpose designated they will become unrestricted. Permanently Restricted Permanently restricted net assets include gifts or pledges which impose donor restrictions that the corpus be invested in perpetuity and only the income be made available for program operations in accordance with donor restrictions. B - Provision for Income Taxes No provision for income taxes has been made since the Organization is not subject to Federal and State income taxes on its exempt purpose income. Any unrelated business net income would be reported for tax purposes. No unrelated net income was realized for the year ended June 30, 2003. C - Cash and Cash Eauivalents For purposes of the statement of cash flows, cash and cash equivalents include cash on hand, demand deposits with financial institutions and money market accounts. The Organization also considers all highly liquid investments purchased with original maturities of 90 days or less to be cash equivalents. D - Fixed Assets Property and equipment are stated at cost. Depreciation is provided utilizing the straight line and declining balance method with estimated useful lives of five to thirty one years. E - Investments Under the new method of financial statement presentation, investments are required to be stated at market value. A0Ob6r1 J Jaeta AN ACCOUNTANCY CORPORATION �� `► 7 `� LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS JUKE 301,2003 -CONTINUED- SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) F - Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain amounts and disclosures. Accordingly, actual results could differ from those estimates. ----------------- ----------------- -- _ . NOTE 1 - HISTORY OF THE ORGANIZATION La Quinta Arts Foundation was incorporated in the State of California as a non-profit organization on November 12, 1982. The Corporation was formed to organize and operate community art related events, promote and provide art education and grant scholarships. It's funding is provided by program fees, commissions, memberships, grants and donations. The office of the Organization is located in La Quinta, California. NOTE 2 - EQUIPMENT Equipment is recorded at cost and is being depreciated over the estimated useful lives of the various classes of assets utilizing the straight-line method. A summary of the equipment at June 30, 2003 is as follows: Office equipment $ 83,191 Furniture 9.576 Total 92,767 Less accumulated depreciation 69.989 Net Book Value of Equipment and Furniture The depreciation for the year totals $10,027. NOTE 3 - FUND BALANCES Operating Funds The operating fund is unrestricted. These funds are currently available for use. The Board of Directors has discretionary control over these funds in carrying out the Organization's programs and services. Building Fund As a result of a fund raising campaign, the foundation has accumulated funds which are restricted to property acquisition and construction of facilities. Gran_ The Organization receives grants from various organizations which are designated for specific purposes. Alert) Jssta AN ACCOUNTANCY CORPORATION 640 8 LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS DUNE 30, 2003 -CONTINUED- NOTE 4 - GRANTS Grants have been applied for and received by the Foundation for various purposes. The following is a summary of grant activity for the year ended June 30, 2003 : UNEXPENDED GRANTS UNEXPENDED GRANTOR JULY 1. 2002 RECEIVED EXPENDITURES JUNE 30, 2003 Ramirez scholarship $ 100 $ 7,925 $ 6,900 $ 1,125 . National Charity League 900 _0 900 0 Education grants 110 0 110 0 Marks Scholarship 3,941 0 2,441 1,500 Memorials 5.150 0 4,950 200 Dwight Stuart Youth Fdn-Murals 44,500 0 26,000 18,500 Alisa Lawson Scholarship 0 600 0 600 Melville Keever Scholarship 0 700 0 700 NOTE 5 - CITY CONTRACT The City of La Quinta has given $100,000 to the Foundation for the promotion of art and to subsidize various community events. NOTE 6 - EXTRAORDINARY INCOME On April 18, 2003 the Foundation sold a building located at 78-080 Avenita La Fonda, La Quinta, California. This was the building in which the Foundation conducted business. The following is a summary of the gain on this sale: Sale Price $ 515,000 Less Cost of Sale 32.241 Net Sale Price 482,759 Basis of Prone Land $ 20,000 Building 90,479 Improvements 88,550 Easement Credit 20 000 Total 179,029 Less Accumulated Depreciation 97.489 81,540 Extraordinary Gain on Sale It is expected that the net proceeds of the sale will be reinvested in a future facility for La Quinta Arts Foundation. PCoisrt j Jssta AN ACCOUNTANCY CORPORATION 9 041 LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 -CONTINUED- NOTE 7 - LEASE COMMITMENTS Subsequent to the sale of the La Fonda facility the Foundation leased back the premises for a term of one year, terminating in April of 2004. Monthly rent is $2,991. The landlord is La Quinta ARC, LLC. NOTES - VOLUNTEER HOURS For the year ended June 30, 2003 volunteer service hours totaled 6,545. Of this total, _ 1,662 hours were devoted to board and committee meetings. ' NOTE 9 -CONSTRUCTION LOAN .. In order to originally finance construction on the donated land located in La Quinta, California, the Foundation originally committed to borrow $2,500,000 from the First Community Bank, which is now the Pacific Western National Bank. The loan originally called for interest only payments until September 23, 2002 when modifications would be made and the Bank would refinance the property based on a twenty-year amortization. Subsequent to this the loan was amended on January 28, 2002, September 23, 2002, March 17, 2003, and July 9, 2003. Additionally, subsequent to the date of the audit on October 8, 2003 a new amendment will take effect. This amendment will renew the loan for one year until September 23, 2004 with the interest rate increased to the Wall Street Journal prime rate plus 'h %. Interest only will be due on this note unless the Foundation or the sale of the property. In addition, the bank may require a enters into an agreement f principal reduction based on availability of funds realized from a future purchase agreement. The total principal amount authorized at this time is $3,033,090. The balance drawn on the loan and outstanding at June 30, 2003 totals $2,649,042. This note is fully secured by the property located on Washington Street in La Quinta, California. NOTE 10 - NOTES PAYABLE Due to cash flow concerns the Foundation negotiated a deferred payment plan with several of the contractors who performed services regarding the improvement of the Washington Street property. Notes were executed prior to June 30, 2002. However, several amendments have been made to these notes based on adjustments for work not completed and other issues. A summary of the notes is as follows: A 10% note payable to Superior Ready Mix bears interest only payments commencing June 1, 2002 and continuing on the first day of each month until May 30, 2003 at which time principal and accrued interest shall be due and payable in full. The note was amended on July 1, 2003 extending the maturity date to November 30, 2004 and adjusting the interest to 6% per annum. Monthly payments effective July 1, 2003 total $1,447 including interest with the remaining balance all due and payable on November 30, 2004. In the event the Foundation sells the property located on Washington Street, within 30 days after closing escrow the Foundation will pay the unpaid principal balance of the note and all interest accrued thereon. -_$ 63,684 poiert AN ACCOUNTANCY CORPORATION A 10 J`.t� LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 -CONTINUED- NOTE 10 NOTES PAYABLE (CON�EDI A 10% note payable to Brudvik Construction bears interest only payments commencing May 1, 2002 and continuing on the first day of each month there after until April 30, 2003 at which time principal and accrued interest shall be due and payable in full. This note was amended on June 10, 2003 between the parties. The amendment agrees to reduce the balance by $100,000 due to work not completed. The term of the note is extended to October 30, 2004. In the event the Foundation sells the property located on Washington Street, within 30 days after closing escrow the Foundation will pay the unpaid principal balance of the note and all interest accrued thereon. 300,440 r- A 10% note payable to A-1 Aggregates Inc. bears interest only payments commencing May 1, 2002 and continuing on the first day of each month there after until May 30, 2003 at which time principal and accrued interest shall be due and payable in full. The parties amended this agreement on June 10, 2003. At the time of the amendment the La Quinta Foundation paid to A-1 Aggregates Inc. the sum of $25,000 to reduce the balance to $64,794. The interest rate was reduced to 7% at that time and the due date extended to October 30, 2004. In the event the Foundation sells the property located on Washington Street, within 30 days after closing escrow the Foundation will pay the unpaid principal balance of the note and all interest accrued thereon. 64,794 A 10% note payable to Mark Logan Landscape Inc. bears interest only payments commencing May 1, 2002 and continuing on the first day of each month there after until April 30, 2003 at which time principal and accrued interest shall be due and payable in full. An amendment was agreed to on June 10, 2003 between the parties. In the amendment the parties agreed to reduce the principal amount by $91,297 for work not done. The due date for the payment of the principal amount under this amendment is extended to June 9, 2004 and at the desire of the Foundation, may extend the due date an additional six months to December 9, 2004 by paying Mark Logan Landscape Inc. the sum of $30,825 . on or before June 9, 2004. In the event the Foundation sells the property located on Washington Street, within 30 days after closing escrow the Foundation will pay the unpaid principal balance of the note and all interest accrued thereon. 123,300 Kobert U 3.st. AN ACCOUNTANCY CORPORATION 643 11 -- LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 CONTINUED - NOTE 10 - NOTES PAYABLE (CONTIlVUED) Subsequent to June 30, 2003 an agreement was made creating a note payable to J.H. Thompson & Sons, Inc. for prior contracting services. The total balance due at June 30, 2003 totals $391,032. A payment in the amount of $100,000 was made by the Foundation. The remaining balance of $291,032 shall bear interest at 6% per annum from September 1, 2003. All interest will accrue until April 1, 2005 or the date upon which escrow on the Washington Street property closes, whichever comes first. 391.032 NOTE 11 - LAND DONATION The Foundation received a donation from the Highland Street Connection on May 1, 1998. The funds were used to purchase certain acreage in La Quinta, California to build the new facility for the Organization. The property is located on the east side of the mountain along Washington Street and is a larger part of an entire parcel of 47.7 acres which was purchased jointly by the Foundation and St Francis of Assisi Church. The Foundation presently owns 28.33 acres as a result of this donation. The donation had certain restrictions as to the use and timing of the property development as follows: 1. The Foundation would have five years from the date of recording of the deed to have completed construction of the festival grounds, parking lot and the administration building. 2. The Foundation would not sell, convey, transfer, dispose or encumber the real property described in the deed without first obtaining consent of the Highland Street Connection. The parties are presently disputing this provision. As of the date of these financial statements the Foundation has determined that the property will not be further developed and has put the property up for sale. The reason is due to insufficient fund raising which made the completion of the property not feasible. There is certain litigation with the Highland Street Connection based on the original donation. This potential liability is described in Note 13 of the notes to the financial statements. poiert j Jedta AN ACCOUNTANCY CORPORATION 12 644 LA QUINTA ARTS FOUNDATION NOTES TO FINANCIAL STATEMENTS JUNE 309 2003 CONTMUED- NOTE 12 - CONTINGENT LL4J3ELrrY Based on the situation described in Note 12, the La Quinta Arts Foundation was subject to a lawsuit arising from its efforts to sell the Washington Street Property. The lawsuit has been filed by the Highland Street Connection, the original donor of the property, on May 6, 2003. The suit seeks restitution equal to the Highland Street Connection's 1998 gift to La Quinta Arts Foundation in the amount of $950,175 which was designated for the purchase of the Washington Street property. The suit further seeks to recover Highland Street Foundations' litigation expenses associated with this action. The ultimate effect on future financial results is not subject to reasonable estimation due to considerable uncertainties as to the final outcome of this lawsuit. It is the opinion of the Foundations' legal council that a monetary liability is inconsistent with the conditions and agreements of the gift. No material losses are anticipated by reasons of such agreements and conditions. It is possible that a significant amount will be eventually reimbursed to the Highland Street Connection based on a future sale of the property and the ultimate liability resulting from said lawsuit may be significant to results of operations in the period recognized. The management of the Foundation does not anticipate it will have a material adverse effect on the Foundations' financial position or future liquidity. Therefore based on the opinions of legal counsel, it has been determined that at June 30, 2003 the Foundation recorded no liability for said lawsuit on the statement of financial position. NOTE 13 - FUND TRANSFERS During the period from 1998 to 2002 the operating fund made several transfers to the building fund so as to provide resources to continue with the building project. These transfers from the operating fund to the building fund were solely for the purpose of providing the resources needed until the capital improvement fund could generate sufficient monies to take over the building project on its own. Due to the fact that the building project is now terminated due to insufficient campaign fundraising, the Board of Directors has designated that the building fund transfer the amounts back that had previously been advanced for the purposes noted .above. While the building fund has insufficient funds to make the transfer at this time, the statement of financial position reflects a portion of the development costs and certain other assets held by the building fund that would be considered operating fund assets at the time of a future disposition. The total fund transfers for the period involved totaled $786,556. Koiert of 3esta L, `•t J AN ACCOUNTANCY CORPORATION 13 c&t!t444" COUNCIL/RDA MEETING DATE: JANUARY 20, 2004 ITEM TITLE: Demand Register Dated January 20, 2004 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated January 20, 2004 BACKGROUND: Prepaid Warrants: 56856 - 56862} 49,390.67 56863 - 568671 17,091.54 56868 - 56915} 519,900.82 Wire Transfers} 393,118.02 P/R 31825 - 31847) 137,043.60 P/R Tax Transfers} 35,341.64 Payable Warrants: 56916 - 57016) 261,311.65 $1,413,197.94 FISCAL IMPLICATIONS• Demand of Cash -City $1,093,792.58 Demand of Cash -RDA $319,405.36 046 CITY OF LA QUINTA BANK TRANSACTIONS 12/24/03 - 1/14/04 12/31/03 WIRE TRANSFER - LAND PURCHASE $34,550.00 1/02/04 WIRE TRANSFER - ICMA $11,485.39 1/02/04 WIRE TRANSFER - PERS $19,712.29 1/02/04 WIRE TRANSFER - PERS MEDICAL INSURANCE $50,807.85 1/06/04 WIRE TRANSFER - LAND PURCHASE $276,562.49 TOTAL WIRE TRANSFERS OUT $393,118.02 0 4 7 2 N O N 00 a O �CQ0 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W OIn in m N Ln In to Ln Ln Ln Ln IA u1 aaua Eiz 18 663 i 60 E- m N N z z z W F Y O O O m O N N N 0 0 o m o o W W In 0 In o In to 0 0 rl 0 N r m o 0 o r N N m m N a m m �4 14 Ln In t • • s ♦ x 00 00 00 Ir tom 000 ar NODHto aN N N 00 00 00 mm m Op O min Ina InN r O W W Inui oo Ln Ln moo Inoln vmccomrot-w o o N4 4 oo 0 C NN mmm f o r r0r N N m11NmNNNm m a m N O 0 m m N N In a at m '1 N N N N N O N N co N N N N a N m O I O O I NN I NN 1 1 NNNNONI-1 1 I I 1 1 1 1 .+ aI O H N .0 '+ .� .� .� U1 r N as "Iy aaaaaaa In 14 m In Ln NN m In to In In In In 14 H 4 HN.•INmmm m a In In a m a.a to as aaaaaaa E 0 N O O N N N N N N a a a F 0 O N r o O cc 00 00 OO �o�o 0000000 0000'000 �L % C1 ?4 a .� o as aaaarrr 0 0 o Oo co 0000000 N a N NI -I m a a a as as aaaaaaa a O 0 0 00 'O 0000000 O N O N O N 00 N N 00 N N 0000000 N N N N N N N It \ W \ W \ W \ \ W W \\ W co \\ \ \ \ \ \ co W W W W W W O O O 00 00 0 000 0 00 \ \ N \ \ \ N N \ \ \ \ \ \ \ \ \ N N N 0 O 0 O O 0 0 0 0 O O 00 0 0 0 0 m In a In In In m0 In w In Io to NNma0 rqm W %D %0 %D W W C7 0 0 0 00 00 0000000 0 0 0 oo 00 0000000 0 0 0 0 0 0 00 oo oo 00 0000000 0000000 a O E. E. N U F E. a N $ a z H H i a �ri a' a aai m m m a �o to 0 N N m a In .+ m N at N m H m N m N ON b Ln w LA IO N %D Ln IO In %D Ln 9wvw ; Fiz ; 19 'i V Z ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:40AM 12/31/03 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.*** 56863 12/31/03 HAR025 HARTSHORN VAN & STORAGE 5959.75 56864 12/31/03 IMPO10 IMPERIAL IRRIGATION DIST 8388.73 56865 12/31/03 POW300 POWER PERSONNEL INC 1662.50 56866 12/31/03 TIM075 TIME WARNER CABLE 789.90 56867 12/31/03 VER200 VERIZON 290.66 CHECK TOTAL 17,091.54 20o65 rl N M � u� tD r aD rn O H Z M O rl N '-I U U C7 C7 0 0 C9 C7 C7 C7 W E £ £ £ £ £ £ £ £ £ C7 FC W W W W W W W W W W PO H H F E F H E E H M u) M o 0 0 Ln u) rt ul o E. r r %n N Lo cn On Ln rl '-IZ El Q co OD1 M d' r Ln 1O N N m a to M o o tD r r �n rn to 01 OD N 01 0 to OD tD co M m M lD r N N co a x w Z > E U U U U U U rah F E O O O > O > > > O U U O O W H £ F rnF to U) M E+ R R E E U U H W Z a U a F H F OpoA E F QQ >> S a z U 8 8 H w a a W W 2 H m 0 W z W Z U W H EH E Z W W DI Z W z Z W 0 0> z z> x ox > o w> a> 0 m a w v c.) H + w w w w OD al 0 0 N q a 0 m 11 V' 1 q}^.. z z N rr tD D1 tD O O H Ot H q H .'7. O O co tD V' V a' v Ln H z U O M C Ln M M tD r q U Ln r r r m m N r H ,Y, a as w W a 1 0 O w E a 0 o v v c o 0 0 0 W O O M M M O O O O kmO O Ln Ln M O O O O `J Ln r u') Ln Ln 01 01 N Ln z o1 N O O O O O M M to W &n Ln Ln 1D tD tD t0 E+ z O r W W tD N N M M '.,,)' rl N Nul) LO O O Ln Ln O r to v c v Ln u) 14 rt 14 ri rl r/ N N H r7 q�' O O O O O O O O O W ri 14 rl 'i In Ln H W to (7 sC H q z z cn H O z 0 0 H H H H W W � w a a a paq Rs� 2 )U+ z z z U U F>C 1ai voi voi con w w w w w z z a z a a W 04 W z z H a o x H S x 6 0 a w w£ Q a E w w HQ'. Ha zz cn H a a a E. F >> z p > N o 0 0 0 un Ln o 0 p N rr O o o r r o 0 o a 3 3 3 U EE. ££ Z w a a CH)r£1 a. H H >> 21 �� ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:47AM 12/24/03 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.*** 56856 12/24/03 &02183 DESERT ELITE INC 350.00 56857 12/24/03 BRE100 TOM BREWSTER PHOTOGRAPHY 869.76 56858 12/24/03 COA080 COACHELLA VALLEY WATER 111.90 56859 12/24/03 RUT050 RUTAN & TUCKER 45007.89 56860 12/24/03 SUL100 SULMEYER, KUPETZ, BAUMANN 300.89 56861 12/24/03 USP015 U S POSTMASTER 2240.00 56862 12/24/03 WEL025 WELLS FARGO BANKCARD 510.23 CHECK TOTAL 49,390.67 22 067 O 1-4 N M 0 ko r m m o H N M C' 0 lD r m m O H N M H N M H H H H H H H H H 1-1 N N N N M M M w w w w w w w w w w w w w w w w w w w w w w w w w E H E F EI E F H F E F E F F H E E+ F H E E F E H E E 1p 00 m Cl O r m O m m �n O N r N r N m M to H m ifl O H In C N m m m M H m 0) o M H M H I0 H ' m H a m m o m N O C. Ln w m H 0 m H N m m m m M M H r m m r H r d' r \o H O M m O In Vr H to H 0 H M w m M H N N M M H M M H Vr ID H H o ko o O1 o m rnro z O 2�7 w C9 0 z z c7 O 0 H W H H A 5.' 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O O N O O O O O O O O O co O O O O N O O O O M O O O vY O O O O O O O O o o o 0 0 0 o to O o o 0 H w H H H H H H H H H H H H H H H V' H H H In In rn H a In M rn O O O O O O o O O O O O O O O O O O o O O ,7. c ko w ID w w ko w w w %D %0 w w m w w w w ko %D ko E z O V' N N H H H H N Ln M wIn a)M �0 H O H H H M M In �0 00 O O O O o o O O O O O O O H O O O N N O O O O H N N H H H H m m m m ON m m m H r H H H r r m m UH H H H H H H H N w to w kD %0 In w H H H H H H H l0 kD O O O O O O O O a' O O 0 00 O O O O V' H H H H H H H H -00' ' N N N C V' N N 04 N H H V' H H H C V' V' N P4 w w M O 3 xCD p H w a s a a a a a a a a a a a a a a a a a a a al a a w I E W >> U U U U U U U U U U U U U U U U U U U U U H E D D D D D D D D D D D D D D D D D D D D D HH.. W mW Rt rE E H E F H ElE E F F H E E F ElE ElH El F. 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O D O O o x x a LO M U U N LO O O N a a m as H E > z F 0 0E. w H a s O H W H [E vi a £ a z a z H 8 E 3 E a w H vi w x x w > w o E o a> w a vi m CO £ w£ m w W w H a a O w 1 C0O'�''' z N 01 0) 0% a% 0) H 0 N N N N N x 0 o O o 0 p r r r r r x a at w m a 1 O o u. E+ p( N O O O O O O 94 (N O O O O O O OD O O O O O O A N u) r rr r M %0 O Vr M O M O 0 �O l0 %D r %D r %0 E m O N O O O O O O U 0 1-1 0 0 0 rA rl H 0 .-1 FC RC p FC p Ln m m H H co ca 1 v] m 0 0 0 0 0 U) 5 0 Ellc44 tu 1). a a a a to a "' co w w w w w v, z a s s a a a zO > u) Ln Lo o ,n o Lo D 14 ri N N N N N O O O O O O O 3 3 3 3 3 � U DOca 24 069 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 56710 DEF 12/17/03 30.00 GOD100 GERARDO GODINEZ TOTAL VOIDED 30.00 4:50PM 01/05/04 PAGE 1 INVOICE DESCRIPTION SOCCER OFFICIAL 25 c, I o A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 56716 DEF 12/17/03 150.00 MEN040 RUBEN M MENDOZA TOTAL VOIDED 150.00 4:54PM 01/05/04 PAGE 1 INVOICE DESCRIPTION SOCCER OFFICIAL Z�'71 A/P - AP6002 CHECKS TO BE VOIDED 4:57PM 01/05/04 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 56713 DEF 12/17/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 120..00 LOP200 JUAN PABLO LOPEZ 120.00 INVOICE DESCRIPTION SOCCER OFFICIAL 27 �'74 A/P - AP6002 CHECKS TO BE VOIDED 4:59PM O1/05/04 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 56715 DEF 12/17/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 30.00 MAS200 FRANCO MASSINI Kliwili] INVOICE DESCRIPTION SOCCER OFFICIAL 0213 A/P AP6002 CHECKS TO BE VOIDED 5:OOPM 01/05/04 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 56708 DEF 12/17/03 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 150.00 GAL075 JOSE GALARZA 150.00 INVOICE DESCRIPTION SOCCER OFFICIAL 29Ci74 c&ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 20, 2004 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Treasurer's Report PUBLIC HEARING: as of November 30, 2003 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated November 30, 2003 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Ily sub M. Fa Attachment 1 , Finance Director Approved for Submission by: K -<� Thomas P. Genovese, City Manager Treasurer's Report, City of La Quinta 6 75 ATTACHMENT 1 T-vf 4 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for November 30, 2003 DATE: December 24, 2003 Attached is the Treasurer's Report for the month ending November 30, 2003. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash $117,749 $53,963 (1) $171,712 $53,963 LAIF $26,370,608 (750,000) 25,620,608 (750,000) US Treasuries (2) $72,131,024 3,971,320 (4,000,000) 25,924 72,128,268 .(2,756) US Gov't Agencies (2) $27,494,166. - 19,154 27,513,320 19,154 0 Commercial Paper (2) $0 1 0 372,987 894 MutuatFunds $372093 126 485 640 894 026 177 $4 750 000 $45 078 1125,806 895 $678 745 Total I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. % Z 3 v a 3 -- Date ohn M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 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P W W W O6-: � v; � � LL LL M pataR�2�n2e C fV G N aR aR aR NOM��pJ tV � fV aR aR E apt �0p V t+�0�� MSO OM tV aR aR aR ag ppppp�p�paegpat�R V p C-4 IV fV � Cl. ` O a g aR Y N O a 0 at V N M f O ape p j if1 atci aO4� tame taRtake taR A �N NfV O ae�ae ae�ae Oae ae ae ae N ae �8"tM��n 'NNN aR aR a' aR �arivtd e e aR aR tomvm N �aRIaR aR to O to M 1n W4aRpoaR W EO aDhN� W LL W Lo 0 V m O aRae aR aR M O O M m to m N m W �iaA 0L6toui m aR aR ae 4 ae KtN agGs,, O tC m tD t0 Z aEaeaeaeN aRM13R9. rotdtdro m aR m m m m m aR aR ae fp aR V M m m m m m $ aQ ae ae ae aE � tO td td �c m G83 CITY OF LA QUINTA CITY CRY RDA RDA FA BALANCE SHEET 11IM3 FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (14,947,310.55) 0.00 0.00 40,171,987.35 0.00 0.00 7.232.97 0.00 25231,9D9.77 LORP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 537,000.00 0.00 0.00 0.00 0.00 537,000.00 INVESTMENT T-SILLINOTES & OTHER 60,500,000.OD 0.00 0.00 0.00 O.OD 0.00 0.00 0.00 60,500,000.00 AUTO MALL CASH 0.00 0.00 0.00 LQRP CASH 0.00 0.00 0.00 22,411.30 0.00 0.00 0.00 0.00 22,411.30 BOND REDEMPTION CASH 0.00 0.00 0.00 107,754.87 0.00 0.00 5.83 0.00 107,7W.70 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PROJECT CASH 0.00 0.00 0.00 39,384.225.24 0.00 0.00 0.00 0.00 39,384,225.24 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1 ODO.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 CASH & INVESTMENT TOTAL 45.553.689.45 0.00 0.00 80.223.378.76 0.00 0.00 7,238.80 0.00 125.784,307.01 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 39,735.54 0.00 0.00 5019W.00 0.00 - 0.00 0.00 0.00 100,635.54 PREMIUM/DISCOUNT ON INVESTMENT 40,090.31 0.00 0.00 (23,501.97) 0.00 0.00 0.00 0.00 22,588.34 LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 74.171.59 0.00 0.00 0.00 0.00 74,171.59 INTEREST RECEIVABLE 35,151.12 0.00 0.00 0.00 0,00 0.00 0.00 0.00 35,151.12 LOAN/NOTES RECEIVABLE 0.00 0.00 0.00 12,613,564.82 0.00 0.00 0.00 0.00 12,613,564.62 DUE FROM OTHER AGENCIES 2,496,080.55 0.00 2,496,080.55 DUE FROM OTHER AGENCIES - CVAG 2,299,096.69 0.00 0.00 0.00 0.00 0.00 0.00 2299,096.69 CVAG ALLOWANCE (2,299,096.69) (ZM,096.69) DUE FROM OTHER GOVERNMENTS 30,600.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,600.37 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE FROM RDA 15.597,550.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,597,550.20 INTEREST ADVANCE -DUE FROM RDA 6.285,843.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,285,843.69 ADVANCES TO OTHER FUNDS (126,374.00) 5,596,001.96 5,469,627.98 NSF CHECKS RECEIVABLE 3,880.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.11W.60 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 0.00 306.249,552.60 306.249,652.60 ACCUMULATED DEPRECIATION 929,209.62 0.00 929,209.62 TRAVEL ADVANCES 2,925.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.925.00 EMPLOYEE ADVANCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PREPAID EXPENSES 17,515.36 0.00 0 00 0.00 0.00 0.00 0.00 0,00 17.515.36 RECEIVABLE TOTAL 25,358,205.36 306,249.652.60 0.00 18,321.136.22 0.00 0.00 0.00 0.00 349,928,997.18 WORKER COMPENSATION DEPOSIT 234.177.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 234,177.00 RENT DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UTILITY DEPOSITS 75.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 MISC. DEPOSITS 988.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 998.21 DEPOSITS TOTAL 235.250.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 235.250.21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 52,094,305.00 0.00 0.00 0.00 52,094,306.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE LIT DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR L/T DEBT 0.00 0.00 1,625.259.96 0.00 0.00 158,460254.00 0.00 7,190.000.00 167,275.513.96 TOTAL OTHER ASSETS 0.00 0.00 1,S25,259.95 0.00 52,004,305.00 158,460,254.00 0.00 7,190,000.00 219,369.819.96 TOTAL ASSETS 71,147,146.02 30049,652.80 1,625,259.96 96,544,514.98 52,094,306.00 158460,254.00 7,438.80 7,190,000.00 6W,318,374.36 LL481LITIES: ACCOUNTS PAYABLE 14,329.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,329.44 DUE TO OTHER AGENCIES 53,8W.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53,555.21 DUE TO OTHER FUNDS 0.00 0.00 0.00 3,399,880.31 0.00 0.00 0.00 0.00 3,399,860.31 INTEREST ADVANCE -DUE TO CITY 5,595,999.98 0.00 0,00 18,357.163.00 0.00 0.00 0.00 0.00 23,953,162.98 ACCRUED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 PAYROLL LIABILITIES 57,751.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 57,751.86 STRONG MOTION INSTRUMENTS 3,9D8.63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.906.63 FRINGE TOED LAND FEES 105,428.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 106,428.00 SUSPENSE 77,185.23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 77.185.23 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 5,909,266.35 0.00 0.00 21.757,023.31 0.00 0.00 0.00 0.00 27,688,289.66 ENGINEERING TRUST DEPOSITS 1,400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.400.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LQRP DEPOSITS 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18.654.00 DEVELOPER DEPOSITS 1.249.956.57 0.00 0.00 2.835.00 0.00 0.00 0.00 0.00 1.252,791.57 MISC, DEPOSITS 441.979.82 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 466,979.82 AGENCY FUND DEPOSITS 1,192,684.23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,192,684.23 TOTAL DEPOSITS 2,886,020.52 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 2,932,519.62 DEFERRED REVENUE 2,496,080.55 0.00 0.00 10 495 978.56 0.00 0.00 0.00 0.00 12 992 059.11 OTHER LIABILITIES TOTAL 2.496,080.55 0.00 0.00 10,495,978.56 0.00 0.00 0.00 0.00 12,992,059.11 COMPENSATED ABSENCES PAYABLE 0.00 0.00 46$280.37 0.00 0.00 0.00 0.00 0.00 462,280.37 DEVELOPER AGREEMENT 0.00 0.00 884,888.59 0.00 0.00 0.00 0.00 0.00 684,688.59 DUE TO THE CITY OF LA QUINTA 0.00 0,00 478.311.00 0.00 0.00 0.00 0.00 0.00 478,311.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2.150,000.00 0.00 0.00 2,150,000.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 7,365254.00 0.00 0.00 7,385.254.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 148 945 000.00 0.00 7190 000.00 156135 000.00 TOTAL LONG TERM DEBT 0.00 0.00 1,625,259.96 0.00 0.00 158,460,254.00 0.00 7,190,000.00 187,275,513.96 TOTAL LIABILITIES 11291.367.52 0.00 1.625259.96 32299,500.87 0.00 158.460,254.00 0.00 7.190.000.00 210.866,382.35 EQUITY -FUND BALANCE 59,855,780.50 306,249,652.60 0.00 66.245,014.11 52,094.306.00 0.00 7,238.80 0.00 484,451,992.01 TOTAL LIABILITY & EQUITY 71,147,148.02 305,249,852.60 1,625,259.98 98,544,514.98 52,094,306.00 158,4B0,254.00 7.238.80 7,190,000.00 695,318,374.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH & INVESTMENT TOTAL 125.784.307.01 PREMIUMIDISCOUNT ON INVESTMENT 22.588.34 TOTAL 125.S06,895.35 L-8410 T-vy 4 4 0" COUNCIL/RDA MEETING DATE: Transmittal of Revenue and Expenditure Report for November 30, 2003 and Investment Summary Report for the Quarter Ending December 31, 2003 RECOMMENDATION: Receive and File January 20, 2004 BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Transmittal of the November 30, 2003 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2003 for the City of La Quinta. �Resjptfully sub itt , Odl,-nr- M. Falcon r, Finance Director roved for submission b Thomas P. Genovese, City Manager Attachments 1. Revenue and Expenditures Report, November 30, 2003 2. Investment Summary Report for the Quarter Ending December 31, 2003 6$J ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/0112003-11/30/03 FUNDS BUDGET RECEIVED RECEIVED General $19,492,608.00 $6,130,719.46 31.50% Library 688,400.00 3,955.95 0.60% Gas Tax Revenue 553,700.00 230,919.64 41.70% Cmaq/lstea 0.00 0.00 0.00% Federal Assistance 165,000.00 0.00 0.00% Assessment District 2000-1 0.00 1,593.00 0.00% Slesf (Cops) Revenue 100.700.00 26.55 0.00% Local Law Enforcement 19,918.00 19,297.65 96.90% Lighting & Landscaping 854,600.00 36,100.07 4.20% Quimby 28,900.00 94,323.57 326.40% Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 7,115.39 45.60% Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00 472.70 0.20% LQ Public Safety Officer 2,300.00 2,026.55 88.10% Interest Allocation 0.00 280,138.83 0.00% Capital improvement 78,252,551.05 3,299,328.98 4.20% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 327,554.59 87.00% Information Technology 227,600.00 379,830.80 166.90% Arts In Public Places 102,600.00 161,579.41 157.50% Transportation 602,300.00 1,109,539.77 184.20% Parks & Recreation 251,000.00 385,240.06 153.50% Civic Center 204,200.00 224,409.28 109.90% Library Development 112,500.00 167,231.21 148.60% Community Center 57,200.00 72,474.50 126.70% Street Facility 9,400.00 15,442.93 164.30% Park Facility 3,000.00 4,190.99 139.70% Fire Protection Facility 33,100.00 66,342.20 200.40% Library Development (County) Facility 204,100.00 716.85 0.40% La Quinta Financing Authority 690,330.00 503,574.22 72.90% RDA Project Area No.1 56,032,087.00 28,211,587.00 50.30% RDA Project Area No. 2 63,092,267.00 364,209.70 0.60% Total $222 412 642.05 $42 099 941.85 18.90% 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07101/2003-11/30103 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET General $22,195,711.06 $6,066,822.85 $4,848.75 $16,124,039.46 Library 409,137.00 0.00 0.00 409,137.00 Gas Tax 758,906.00 232,390.81 0.00 526,515.19 Cmaq/1stea 595,235.00 0.00 0.00 595,235.00 Federal Assistance 157,505.00 237.50 0.00 157,267.50 Proposed Assessment District 142,507.21 0.00 0.00 142,507.21 Slesf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 Local Law Enforcement 0.00 0.00 0.00 0.00 Violent Crime Task Force 0.00 528.05 0.00 (528.05) Lighting & Landscaping 854,600.00 356,083.31 0.00 498,516.69 Quimby 301,583.00 119,720.19 0.00 181,862.81 Infrastructure 2,152,149.00 411,736.51 0.00 1,740,412.49 Village Parking (1,892.85) 0.00 0.00 (1,892.85) South Coast Air Quality 231,231.00 5,603.82 0.00 225,627.18 Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 Interest Allocation 0.00 0.00 0.00 0.00 Capital Improvement 78,252,551.04 3,299,328.98 3,295.00 74,949,927.06 Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 Urban Forestry 1,100.00 0.00 0.00 1,100.00 Equipment Replacement 380,641.00 108,199.01 0.00 272,441.99 Arts In Public Places 589,793.28 23,709.81 0.00 566,083.47 Transportation 2,319,796.30 383,482.23 0.00 1,936,314.07 Parks & Recreation 618,563.85 263,611.92 0.00 354,951.93 Civic Center 686,095.14 126,509.45 0.00 659,585.69 Library Development 4,074,930.31 56,073.64 0.00 4,018,856.77 Community Center 0.00 0.00 0.00 0.00 Street Facility 0.00 0.00 0.00 0.00 Park Facility 0.00 0.00 0.00 0.00 Fire Protection 1,500,000.00 573,532.81 0.00 926,467.19 Library County DIF 400,000.00 0.00 0.00 400,000.00 Information Technology 694,781.00 222,122.32 0.00 472,658.68 La Quints Financing Authority 558,723.58 496,864.00 0.00 61,859.58 RDA Project Area No. 1 88,869,922.91 11,486,317.20 0.00 77,383,605.71 RDA Project Area No. 2 64,269,636.85 1,273,285.37 0.00 62,996,351.48 Toth 1 .7 C, 8,1 07/01/2003-11/30103 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: REMAINING BUDGET RECEIVED BUDGET Property Tax 573,300.00 32,096.65 541,203.35 No Low Property Tax Distribution 808,100.00 38,855.98 769,244.02 Document Transfer Tax 487,300.00 159,110.98 328,189.02 Sales Tax 4,200,000.00 1,517,835.76 2,682,164.24 Transient Occupancy Tax 4,055,300.00 648,414.59 3,406,885.41 Franchise Tax 597,600.00 230,138.99 367,461.01 TOTAL TAXES 10,721,600.00 2,626,452.95 8,095,147.05 LICENSE & PERMITS: FEES: Business License 180,700.00 64,348.50 116,351.50 Animal License 17,500.00 4,887.50 12,612.50 Building Permits 412,500.00 662,098.30 (249,598.30) Plumbing Permits 90,800.00 115,352.45 (24,552.45) Electrical Permits 69,000.00 117,068.00 (48,068.00) Mechanical Permits 37,500.00 73,457.70 (35,957.70) Misc. Permits 49,500.00 20,828.25 28,671.75 TOTAL LICENSES 3 PERMITS 857,500.00 1,058,040.70 (200,540.70) Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 4,950.00 673.87 4,276.13 190,998.00 89,582.91 101,415.09 401,300.00 448,737.34 (47,437.34) 222,400.00 145,562.82 76,837.18 584,375.00 368,191.08 216,183.92 1,404,023.00 1,052,748.02 351,274.98 1,475,900.00 342,223.38 1,133,676.62 70,700.00 27,858.68 42,841.32 54,400.00 19,642.00 34,758.00 15,000.00 7,871.53 7,128.47 145,000.00 51,009.50 93,990.50 0.00 0.00 0.00 0.00 43,221.60 (43,221.60) 2,857,400.00 0.00 2,857,400.00 150,000.00 175,046.04 (25,046.04) 4,768,400.00 666,872.73 4,101,527.27 1,468,800.00 724,052.13 744,747.87 3,000.00 2,498.17 501.83 0.00 0.00 0.00 0.00 54.76 (64.76) 3,000.00 269,285.00 2,552.93 0.00 447.07 269,285.00 19,492,608.00 6,130,719.46 13,361,888.54 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX CMAQnSTEA CMAQ/ISTEA Grant Interest TOTAL CMAQIISTEA FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING 3 LANDSCAPING QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY CRIME VIOLENT TASK FORCE REVENUE: Member Contributions Grant revenue Asset Forfeiture Interest TOTAL CRIME VIOLENT TASK FORCE REMAINING BUDGET RECEIVED BUDGET 662,500.00 0.00 662,500.00 25 900.00 3,955.95 21,944.05 688,400.00 3,955.95 684,444.05 168,200.00 66,544.80 101,655.20 115,900.00 46,626.40 69,273.60 216,700.00 89,732.71 126,967.29 6,000.00 6,000.00 0.00 39,300.00 20,661.68 18,638.32 7,600.00 1,354.05 6,245.95 553,700.00 230,919.64 322,780.36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 165,000.00 0.00 165,000.00 0.00 0.00 0.00 165,000.00 0.00 165,000.00 0.00 1,593.00 (1,593.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,593.00 (1,593.00) 100,000.00 0.00 100,000.00 700.00 26.55 673.45 100,700.00 26.55 100,673.45 19,218.00 19,218.00 0.00 700.00 79.65 620.35 0.00 0.00 0.00 19,918.00 19,297.65 620.35 854,600.00 36,100.07 818,499.93 0.00 0.00 0.00 0.00 0.00 0.00 854,600.00 36,100.07 818,499.93 25,000.00 92,863.32 (67,863.32) 3,900.00 1 460.25 2 439.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 C, 8 9 s CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING (continued) BUDGET RECEIVED BUDGET INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 Interest 15,600.00 7,115.39 8,484.61 Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 15,600.00 7,115.39 8,484.61 VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 0.00 SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 21,800.00 101.00 21,699.00 MSRC Funding 77,119.00 77,119.00 Street Sweeping Grant 139,285.00 139,285.00 Interest 2,000.00 371.70 1,628.30 TOTAL SCAQ 240,204.00 472.70 239,731.30 LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 Interest 300.00 26.55 273.45 TOTAL LQ PUBLIC SAFETY 2,300.00 2,026.55 273.45 INTEREST ALLOCATION FUND: Pooled Cash Allocated interest 0.00 280,138.83 (280,138.83) Transfer In 0.00 0.00 0.00 TOTAL INTEREST "ALLOCATION 0.00 280,138.83 (280,138.831 CAPITAL IMPROVEMENT FUND: CVAG 2,865,619.97 607,209.19 2,258,410.78 CVWD 927,462.40 0.00 927,462.40 County of Riverside 0.00 0.00 0.00 Joint Powers Ins Authority 0.00 0.00 0.00 City of Indio 0.00 0.00 0.00 SB300 Funding (0.26) 0.00 (0.26) RCTC 100,000.00 0.00 100,000.00 SB821-Bicycle Path Grant 108,240.00 0.00 108,240.00 State of California 440,581.00 58,095.00 382,486.00 APP Contribution 0.00 0.00 0.00 Developer Agreement Funding 2,000.00 0.00 2,000.00 Litigation Settlements 153,000.00 50,000.00 103,000.00 Transfers in From Other Funds 73 655 647.94 2,584,024.79 71,071,623.15 TOTAL CIP REVENUE 78,252,551.05 3,299,328.98 74,953,222.07 LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 0.00 0.00 0.00 Bond Proceeds 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LQ NORTE CIP 0.00 0.00 0.00 URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL URBAN FORESTRY 0.00 0.00 0.00 090 g CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Safe of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIV1C CENTER REMAINING BUDGET RECEIVED BUDGET 317,677.00 317,678.00 (1.00) 0.00 0.00 0.00 0.00 0.00 0.00 58,800.00 9,876.59 48,923.41 0.00 0.00 0.00 376,477.00 327,554.59 48,922.41 216,200.00 377,282.00 (161,082.00) 0.00 0.00 0.00 0.00 0.00 0.00 11,400.00 2,548.80 8,851.20 0.00 0.00 0.00 227,600.00 379,830.80 (152,230.80) 97,500.00 159,110.26 (61,610.26) 0.00 0.00 0.00 5100.00 2,469.15 2,630.85 102,600.00 161,579.41 (58,979.41) 549,000.00 1,093,025.69 (544,025.69) 53,300.00 16,514.08 36,785.92 0.00 0.00 0.00 602,300.00 1,109,539.77 (507,239.77) 251,000.00 381,947.86 (130,947.86) 0.00 3,292.20 (3,292.20) 0.00 0.00 0.00 251,000.00 385,240.06 (134,240.06) 183,000.00 217,798.34 (34,798.34) 21,200.00 6,610.94 14,589.06 0.00 0.00 0.00 204,200.00 224,409.28 (20,209.28) G 9 1 7 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY REMAINING BUDGET RECEIVED BUDGET 112,500.00 163,726.61 (51,226.61) 0.00 3,504.60 (3,504.60) 0.00 0.00 0.00 112,500.00 167,231.21 (54,731.21) 48,500.00 70,616.00 (22,116.00) 8,700.00 1,858.50 6,841.50 57,200.00 72,474.50 (15,274.50) 7,500.00 15,018.13 (7,518.13) 1900.00 424.80 1,475.20 9,400.00 15,442.93 (6,042.93) 2,500.00 4,084.79 (1,584.79) 500.00 106.20 393.80 3,000.00 4,190.99 (1,190.99) 32,100.00 66,129.80 (34,029.80) 1000.00 212.40 787.60 33,100.00 66,342.20 (33,242.20) 200,000.00 0.00 200,000.00 4,100.00 716.85 3,383.15 204,100.00 716.85 203,383.15 G9•w N 07101/2003-11/30/03 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED GENERAL GOVERNMENT: LEGISLATIVE 677,100.00 219,664.86 0.00 CITY MANAGER'S OFFICE 778,533.00 266,350.38 4,848.75 ECONOMIC DEVELOPMENT 821,350.00 379,319.86 0.00 PERSONNEL/RISK MGT 758,502.00 464,278.42 0.00 TOTAL GENERAL GOVERNMENT 3,035,485.00 1,329,513.52 4,848.75 FINANCE: FISCAL SERVICES 696,564.00 252,187.08 0.00 CENTRAL SERVICES 726,562.00 307,171.29 0.00 TOTAL FINANCE 1,423,126.00 559,358.37 0.00 CITY CLERK 469,363.00 168,547.25 0.00 COMMUNITY SERVICES SENIOR CENTER 328,635.00 101,802.85 0.00 PARKS & RECREATION ADMINISTRATION 692,146.00 202,426.65 0.00 PARKS & RECREATION PROGRAMS 100,048.00 44,671.14 0.00 TOTAL COMMUNITY SERVICES 1,120,829.00 348,900.64 0.00 POLICE: POLICE SERVICES 5,231,000.00 1,006,467.14 0.00 TOTAL POLICE 5,231,000.00 1,006,467.14 0.00 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 231,925.00 80,848.38 0.00 CODE COMPLIANCE 655,449.00 218,581.61 0.00 ANIMAL CONTROL 229,922.00 78,170.73 0.00 BUILDING 711,239.00 363,389.20 0.00 EMERGENCY SERVICES 48,945.00 25,180.18 0.00 FIRE 2,903,902.00 857.25 0.00 CIVIC CENTER BUILDING -OPERATIONS 1,061,265.00 723,035.02 0.00 TOTAL BUILDING & SAFETY 5,842,647.00 1,490,062.37 0.00 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 452,866.36 0.00 CURRENT PLANNING 711,429.00 179,110.97 0.00 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 631,977.33 0.00 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 86,848.48 0.00 DEVELOPMENT & TRAFFIC 990,125.00 361,675.99 0.00 MAINT/OPERATIONS - STREETS 2,238,952.00 428,762.81 0.00 MAINT/OPERATIONS - LTG/LANDSCAPING 1,967,542.00 609,247.10 0.00 CONSTRUCTION MANAGEMENT 570,171.00 279,522.13 0.00 TOTAL PUBLIC WORKS 6,025,845.00 1,766,046.61 0.00 TRANSFERS OUT 1,327,715.60 51,204.44 0.00 GENERAL FUND REIMBURSEMENTS (3,813,880.54) (1,285,254.72) 0.00 NET GENERAL FUND EXPENDITURES 22,195,711.06 6,066,822.85 4,848.75 C,93 a TRANSFER OUT CITY OF LA QUINTA 07/01/2003-11130103 OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 TRANSFER OUT 409,137.00 0.00 0.00 TOTAL LIBRARY FUND 0.00 0.00 GAS TAX REIMBURSE GENERAL FUND 553,700.00 230,708.31 0.00 TRANSFER OUT 205,206.00 1,682.50 0.00 TOTAL GAS TAX FUND QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 301,583.00 119,720.19 0.00 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 167,505.00 237.50 0.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 14,827.00 5,603.82 0.00 TRANSFER OUT 216,404.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALIT1f CMAQASTEA TRANSFER OUT TOTAL CMAQASTEA FUND 595,235.00 0.00 0.00 VILLAGE PARKING TRANSFER OUT, TOTAL VILLAGE PARKING FUND (1,892.85) 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 0.00 528.05 0.00 TOTAL VIOLENT CRIME TASK FORCE 0.00 528.05 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100.000.00 0.00 0.00 LIGHTING 3 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 356,083.31 0.00 0.00 0.00 TOTAL LTGA.ANDSCAPING FUND INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 TRANSFER OUT 2,152,149.00 411,736.51 0.00 TOTAL INFRASTRUCTURE 5, 1, ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 TRANSFER OUT 142,507.21 0.00 0.00 TOTAL AD 2000-1 1 ,0.00 0.00 610 9, CITY OF LA OUINTA 07/01/2003-11130/03 OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED TRANSPORTATION PROGRAM COSTS 63,060.06 63,050.06 0.00 TRANSFER OUT 2,256,746.24 320,432.17 0.00 TOTAL TRANSPORTATION PARKS & RECREATION INTEREST ON ADVANCE 0.00 20,256.00 0.00 TRANSFER OUT 618,563.85 243,355.12 0.00 TOTAL PARKS 3 RECREATION263o CIVIC CENTER PROGRAM COSTS 0.00 2,905.80 0.00 REIMBURSE GENERAL FUND 204,261.00 85,104.56 0.00 TRANSFER OUT 481,844.14 38,499.09 0.00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 TRANSFER OUT 4,074,930.31 1.073.1 0.00 TOTAL LIBRARY DEVELOPMENTJR 1 M. COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL PARK FACILITY FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 1,500,000.00 573,532.81 0.00 . TOTAL FIRE PROTECTION DIF 1, LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 400,000.00 0.00 0.00 TOTAL LIBRARY COUNTY DIF 400,000-00 0.00 0.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 77,465,521.50 3,275,260.19 3,295.00 PROJECT REIMBURSEMENTS TO GEN FUND .787,029.54 24,068.79 0.00 TRANSFER OUT 0.00 0.00 TOTAL CAPITAL IMPROVEMENT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 ART PURCHASES 435,240.00 8,703.33 0.00 TRANSFER OUT 149,253.28 15,006.48 0.00 TOTAL ART IN PUBLIC PLACES 1 LO NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL LO NORTE (97-1) CIP FUND 0.00 0.00 0.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 Goa 11 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY VILLAGE PARKING TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES BUDGET EXPENDITURES ENCUMBERED (1,892.85) 0.00 0.00 694,781.00 222,122.32 0.00 TOTAL INFORMATION TECHNOLOGY FUND 380,641.00 108,199.01 0.00 TOTAL EQUIPMENT REPLACEMENT FUND 69C 12 ATTACK r Y t 0 LL Z E co C M m N C W .5 L L Z, : N U a 0 0 d u 0 (i Ot'ONNt'7h1�O�tAO�1�O�M� pp � tp pD tp r r N I� V NNppd_a0'�t?ppmm 4:11aiCt �O1tMMMOOOiCDGGoMGGoGGoomr-0008MO 0 0) R C1 0 Ci Ci It 01 01 IT 11 01 : a �Ld4vNNNd�Nr.:"i 0oo m hl� ONOp tp011�0oaMl-"W l0 r00 f�rI��N0rNN"ry > QoQocor-- rMCDV C +� �NI��eeOttN�CMO��tOtrM�pptttCJl��tO O�i.00i'000001'�OM010�1_��010 4 v v Ld 0vmNNNvN1- O g 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O CDCO {p 0 0 0 C 0 0 0 C 0 0 0 0 0 0 > O C c O O O Q O$ O O c C CD r, O O O O O O $$ 1-- O p O O O to 000000 MOOSLOO d tOtp4tntntAd•NNMtANf'tnO� O O O O p 0 0 m 0880,200 CO NNNtyN�NNNNNNO 0 M p � O M r N N N N m t�pOt�O�M010aa��Z r r r r r tp r r ~ m z z z z z z °o °o c Z`Z`ZZ`ZZ`Z0 m 0 0 0 m 0 01 005555zz0z0zzzz0zaCO) � tl1 N p1 tl1 41 tll m t� 2 H a1 ai 0 0 m v�i c c LL LL c c c U U 0)Y "+ Y otomm mmmimE€ C C C C= y M m m 022 mV C c Z r E E E% E C H W t�i1 al a1 y===zz=LL m m m~~~~~~ m m m m m m m-- a (6C6v6v6v6v6v6 0 0 W ��j»»LLLLLLLLU—U. ! a O� M O O ti N ! IV N -i J Y C yE _(D O a H 7 § 16 L N U 'Co L a m m o c > > 8 m c c E c Ch1ac �t : a.0 R O N N E c = m E ayi 8•°m C U T t0 N : m H i m c d t0 N � G) Y O d ii L Ij `i 13 o`t cF�l0F fK�9 COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Authorization for Overnight Travel for the Historic Preservation Commission, Planning Manager and Principal Planner to. Attend the 291h Annual California Preservation Conference to be Held in San Francisco, California, April 28 to May 1, 2004 RECOMMENDATION: 41111114zo Q9 kora AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the overnight travel for the Historic Preservation Commission, Planning Manager and Principal Planner to attend the 291h Annual California Preservation Conference to be held in San Francisco, California April 28 to May 1, 2004. FISCAL IMPLICATIONS: The costs associated with conference attendance for the Historic Preservation Commission and staff will be funded through the Community Development Department Administration and Planning travel, training, and meetings account numbers 101-401- 637-000 and 101-402-637-000. The estimated expenditures are as follows: Registration $200 Hotel $420 Travel $231 Meals $140 TOTAL $991 per person CHARTER CITY IMPLICATIONS: None. 098 BACKGROUND AND OVERVIEW: Funds have been budgeted for Commissioners and staff to attend this conference. In order to maintain our Certified Local Government status, Commissioners and staff are required to obtain continuing education credits. Information regarding the conference is contained in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for the Historic Preservation Commission, Planning Manager, and Principal Planner to attend the 29' Annual California Preservation Conference to be held in San Francisco, California, April 28 to May 1, 2004; or 2. Do not approve the overnight travel for the Historic Preservation Commission, Planning Manager, and Principal Planner to attend the 29t' Annual California Preservation Conference to be held in San Francisco, California, April 28 to May 1, 2004; or 3. Provide staff with alternative direction. Respectfully submi mand o unity Development Director Approved for submission by: r � Thomas P. Genovese, City Manager Attachments: 1. Conference information 2 G99 ATTACHMENT 1 s 451 a,U a - o° q ZO a Z c U flfyy ' o p, t C 7 9 h Gym u ti ? " r c04 b a a: o o[ aoi x 0. 0 Zo" o a.Oro ;za o� G t o c o c c v ha U n .., �php w o [d� E u 04 Ih W o o 00 ❑ c oa F-y H i1 f0 O O •N Q .� GL cad ti wc� O 'd -� � awe a'o�00 o � � ho o ❑,c o o W �y W '� ~ [ w Q U U � 'G \tom � � � � i` � � •a7 i�i � � � C "vim, C 1,_A � ' r�� h �� C •Co � o y a01, 6 i� o � W 0aW xz 3U F Titit ot 4 a" COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Approval of a Proposal for a 2004/2005 Office of Traffic Safety (OTS) Grant RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a proposal for a 2004/2005 Office of Traffic Safety (OTS) grant application for a DUI Awareness and Education Program. FISCAL IMPLICATIONS: Approval of this request would allow the City to apply for a grant for officer overtime for increased checkpoints and patrols to detect impaired drivers; two Evidential Portable Alcohol Systems (EPAS); alcohol awareness educational materials to be distributed at the middle and high schools; and two billboards for increasing alcohol awareness as it relates to traffic safety. The grant request is for $63,456. There is no local match required. If the City is awarded the grant, funds would become available in October 2004. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The State Office of Traffic Safety is soliciting concept papers (grant applications) for traffic safety grants for federal fiscal year (IFFY) 2005. Because California experienced a 32% increase in persons killed in alcohol -involved collisions between 1998 and 2002, OTS is encouraging applicant agencies to submit proposals that include alcohol countermeasure strategies. The City wishes to take advantage of this funding opportunity, on behalf of the La Quinta Police Department, to implement a DUI Awareness and Education Program. The program includes increasing the number of DUI patrols and initiating additional DUI checkpoints 101 during the term of the grant. In addition, the program includes an educational component designed to increase alcohol awareness. The funding request to OTS is for $63,456. The goal of this program is to reduce the number of alcohol -related fatal and injury collisions. A draft concept paper is provided as Attachment 1. The deadline for submission is January 31, 2004. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a proposal for a 2004/2005 Office of Traffic Safety (OTS) grant application for a DUI Awareness and Education Program; or 2. Do not approve a proposal for a 2004/2005 Office of Traffic Safety (OTS) grant application for a DUI Awareness and Education Program; or 3. Provide staff with alternative direction. Respectfully submitted, Terry D eringer, Management Assistant Approved for submission by: / Manager Thomas P. Genovese, City g Attachment: 1. Draft Concept Paper IC4 2 'State of California Office of Traffic. Safety 2005 Traffic Safety Grant Application Submitted by the City of La Quinta Sanuary 31, 2004 103 s STATE OF CALIFORNIA • OFFICE OF TRAFFIC SAFETY OTS-136 (Rev. 10/03) OTS USE ONLY Concept No.: Coversheet for Traffic Safety Concepts Federal Fiscal Year 2005 Agency Code: Program Area: Fund: Date: 1/31/04 County. Riverside -7 Agency. City of La Quinta Coordinator: Proposal Title: DUI Awareness and Education Program Region: Jurisdiction: Concept Summary. (Summarize project goals and objectives) The City of La Quinta will implement a DUI Awareness and Education Program with dual goals of reducing the number of alcohol -related collisions and increasing the number of DUI arrests. This will be accomplished through increased DUI checkpoints (6) and patrols (25), the use of program EPAS devices in the field, educational presentations at local schools, and billboard advertising throughout the City of La Quinta. List Major Expenses (personnel, contracts, etc.) List Equipment Under $5,000 Office Overtime - $48,456 Travel - $ 2,000 Other Direct Costs - $ 13,000 (EPAS devices, advertising, educational materials) AGENCY CONTACT FUNDINGREQUESTED Name: Terry Deeringer Fiscal Year 1 2005 $63,456.00 (10-1-04 to 9-30-05) Title: Management Assistant Fiscal Year 2 2006 $0 Mailing Address: (10-1-05 to 9-30-06) 78-495 Calle Tampico La Quinta, CA 92263 Total $63,456.00 Phone No.: 760-777-7041 Fax No.: 760-777-7101 E-mail: tdeering@la-guinta.org 1 1k] 4 A TRAFFIC SAFETY GRANT CONCEPT PROJECT TITLE: DUI Awareness and Education Program AGENCY: City of La Quinta PROBLEM STATEMENT SUMMARY: The Department of Justice reports that in 2000, there were 70 DUI arrests made in the City of La Quinta; in 2001 there were 104. The La Quinta Police Department's CrossRoads data shows the total number of DUI collisions (includes property damage and injury collision figures) was 19 for 2000; 23 for 2001; and 41 for 2002. The City of La Quinta is proposing the implementation of a DUI Awareness and Education Program with the goal of reducing the number of alcohol -related collisions and increasing the number of DUI arrests. This proposed program would help the City of La Quinta take a proactive role in improving traffic safety. PROBLEM STATEMENT: The City of La Quinta is located in Riverside County, which, according to DOJ and CHP data, ranks 5" in Alcohol -Involved Collisions and DUI arrests for the State of California. The City has experienced tremendous growth during the past decade, having been California's second fastest -growing city during the 1990's. La Quinta's permanent, year-round population was 30,450 as of January 1, 2003. However, the City experiences a huge influx of seasonal residents (approximately 1 1,500) and tourists during the winter and spring months, as well as visitors from neighboring cities who come to La Quinta for its retail and recreational amenities, golf resorts, and world-renowned arts festivals. This is evidenced by the following figures: In 2001, the total number of parties involved in a collision in La Quinta was 232, but only 1 1 1 of those were residents of La Quinta. In 2002, out of 512, only 227 were La Quinta residents. The City's rapid growth and tourism generate a multitude of traffic safety issues, and the Police Department has found that impaired driving is a major problem. As the City continues to grow and attract visitors from outside the area, it is anticipated that traffic safety problems, especially impaired driving, will continue to increase. SWITRS data show that for the year ending 2001, the City of La Quinta ranked 42/95 in "Per 1000 Population fatal and injury collisions involving alcohol, and 47/95 in the category of "Per 1000 Vehicle Miles Traveled (VMT)." This means 53 cities of similar size had less alcohol related fatal and injury collisions than La Quinta in the "Per 1000 Population" category, and 48 cities had less than La Quinta in the "Per 1000 VMT" category. PROPOSED SOLUTION: The City of La Quinta, in response to its growing traffic safety concerns, especially impaired driving, is proposing a DUI Awareness and Education Program which includes conducting s.ix (6) DUI checkpoints and twenty-five (25) DUI patrols during the grant period from October 2004 to September 2005. To assist with these additional checkpoints and patrols, the City is requesting funding for the purchase of 2 Evidential Portable Alcohol Systems (EPAS)• To promote traffic safety and alcohol awareness, the Police Department will work with the local high school and middle school by distributing alcohol awareness safety -related materials that can be shared with area students and parents. Additionally, an alcohol awareness and/or seat belt enforcement message will be placed on local billboards twice during the grant period. It is anticipated that this program will help educate the public about possible consequences of DUI's and/or seat belt non -usage. 1 C J 5 PERFORMANCE MEASURES: Goal(s) 1. To reduce total number of alcohol -related fatal and injury collisions by 27% from the 2001 total of 11 to 8 by September 30, 2005. 2. To reduce the total number of "HBD < 21 " fatal and injury collisions by 50% from the 2001 total of 2 to 1 by September 30, 2005. 3. TO increase the number of DUI arrests by 15% from the 2001 total of 164 to 120 by September 30, 2005. Objectives 1. To conduct three DUI checkpoints before March 31, 2005 utilizing six deputies, one CSO, and one sergeant per checkpoint. 2. To conduct an additional three DUI checkpoints between April 1, 2005 and September 30, 2005, utilizing a like number of personnel. 3. To conduct ten (10) DUI patrols before March 31, 2005, and an additional fifteen (15) patrols between April 1, 2005 and September 30, 2005, utilizing three deputies and one sergeant per patrol. 4. To conduct a public education campaign through the distribution of alcohol awareness literature and presentations to local high school students by June 2005. 5. To conduct a "Seat Belt Challenge" relay at the high school by June 2005. 6. To place two messages related to either alcohol awareness or seat belt enforcement on billboards for one month each by September 2005. 7. To e-mail or fax all press releases or media advisories/alerts to the Regional Coordinator for approval in advance of their release. 8. To use the following standard language in all press materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety through the Business, Transportation & Housing Agency. " 9. To submit print clips by 9 a.m. to the Regional Coordinator AND Janet Lane, via e-mail at ilane@ots.ca.gov or fax at (916) 262-2960 (e-mail preferred). All clips should include publication name and date the article was published. 10. To fax OTS (916) 262-2960, at least two weeks in advance, a short description of any new DUI awareness or education program. Address the fax to the OTS Public Information Officer (PIO) and the Regional Coordinator. PROPOSED BEGINNING DATE: October 1, 2004 PROPOSED ENDING DATE: September 30, 2005 PROPOSED BUDGET Budget Category Federal Fiscal Year 1 Project Total (from project start date) to 9-30-05 Personnel $ 48,456 $ 48,456 Travel $ 2,000 $ 2,000 Contractual Services $ 0 $ 0 Non -Expendable Property (>$5,000 including taxes, shipping, set-up, etc.) $ 0 $ 0 .JL U v Other Direct Costs (<$5,000 equipment w/ unit cost under $5,000, materials, printing, etc. include taxes and shipping) Educational/Promotional Material 2 EPAS Devices $ $ 500 8,000 $ $ 500 8,000 2 Billboard Ads $ 4,000 $ 4,000 Traffic Safety Literature $ 500 $ 500 Indirect Costs Project Total $ 63,456 $ 63,456 BUDGET NARRATIVE: Personnel: DUI Checkpoints (6 total) 1 Sergeant @ $60/hour x 8 hours = $ 480 6 Deputies @ $43/hour x 8 hours = $2,064 1 CSO @ $30/hour x 8 hours = $ 240 Total PER Checkpoint $2,784 x 6 checkpoints = $16,704 DUI Patrols (25 total) 1 Sergeant @ $60/hour x 8 hours = $ 480 3 Deputies @ $43/hour x 8 hours = $1,032 Total PER Patrol $1,512 x 25 patrols = $31.752 TOTAL PERSONNEL COST $48,456 Travel: In -State travel expenses for attendance at the annual OTS Summit $ 1,000 In -State travel expenses for attendance at the PTS Conference $1,000 $ 2,000 Contractual Services: N/A Equipment: N/A Other Direct Costs: Educational/Promotional Material for distribution/presentations at the middle and high schools (could include videos, magnets, lanyards, bumper stickers, etc.) $ 500 Two EPAS Devices @ $4,000 each $ 8,000 Two billboards to be placed in the City of La Quinta: (Estimates) $100041500 per billboard for placement $ 3,000 $500 - $1000 per billboard for set-up charge $ 1,000 Traffic Safety Literature (pamphlets and brochures) 500 $13,000 Indirect Costs: N/A ll; 7 COUNCIL/RDA MEETING DATE: ITEM TITLE: 4 e4& Q9&& AGENDA CATEGORY: BUSINESS SESSION: January 20, 2004 CONSENT CALENDAR: STUDY SESSION: Approval of Jacques Abels to Represent PUBLIC HEARING: the City of La Quinta at the World War II Memorial Dedication in Washington, D.C. RECOMMENDATION: Approve Jacques Abels to represent the City of La Quinta at the World War II Memorial Dedication in Washington, D.C. on May 29, 2004. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: According to Attachment 1, the members of the Veterans of Foreign Wars and its Ladies Auxiliary have raised over $6 million dollars to sponsor a monument recognizing those who participated in World War H. At the January 6, 2004 City Council meeting, the Veterans of Foreign Wars (VFW) Post 855 of La Quinta requested that the City Council designate Jacques Abels as the City's representative at the event on May 29, 2004 in Washington, D.C. At this time, the VFW is not requesting funding to offset the cost of travel to the event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: ics 1. Approve Jacques Abels to represent the City of La Quinta at the World War II Memorial Dedication in Washington, D.C. on May 29, 2004; or 2. Do not approve Jacques Abels to represent the City of La Quinta at the World War II Memorial Dedication in Washington, D.C. on May 29, 2004; or 3. Provide staff with alternative direction. ly Oubmitted, Dodie Horvitz, Co}nmunity Services Director Approved for submission by: i � �.' 7 - �X�Y_ �0� 0�� Thomas P. Genovese, City Manager Attachment 1: Information from the Veterans of Foreign Wars Regarding Event JAN-12-2004 MON 10: 1.4 AM J, ABELS & ASSOCIATES 760 771 3435 ATTACHMENT 1 FROM - JACK AM BETTY PLEC,K PHONE NO. : 760 771 2544 w Nov. 26 2W3 10. 56AM P1 VETERANS Oaf' FOREIGN WAR;S OF IT&@ UMTED STATEq Edward S. Bwaisuh Sr. Cozen handeyr-la-Chief TO: Post Commanders Auxiliary Presidents t4w9i;ard K1as,''Sr.,rirriwnr�i:�=Craia;ii John J. Se ak, Jr.,, Adjutant G onerai They hnva been call, ed "The Greatest Generation." Let there; be no m►isu iderstanding —their contributions to the world justifiably eamed the WWII veterans that title. On May 29, 2004, 59 years after the end of WWII, these oitizen soldliers will finally be recognized with the de�dication of the WtAill Monument on the mail in our nation's capital. The membesm of'the Vcwrarjs of FoTeign Wars and its Ladk* Auxiliary contributed over six. (6) million dollars to maka the monument a rca+ity. Wo have been singled out and rerogaizod by tine Gektic Monmucats Cozx nissior, for our generosity as the third largest contributor to this noble cause. It is only fitting that our organizadon be well represented at the dedication on May 29, 2004. The Coaun :ida-in-Chief and the National I'Mident of the Ladies r►ttxiligry am ash 09 each Pest and Auxiliary to voiuor at least one WWII vcte.an/sp*use: 4nd/or guest, to attend the desdicat Tot. ' - �nb l ,6H-d3 y . point of depaxtm. 'J. he funds could be raised with a fundraiser de-: dgnate,d for this purpose. We suggest a name bo drawn or a pzrson designated now so duct room and ablino wwwrTatia= rmi bo awdu tw roamo Lmd fYig%trk grill bo at a V* ws, rh6%14 ym need assistance in seeing, a rom, we, at National Weadquartera, will do our beat to assist you. Let's shove the ,%N=kl our orgstdzation stands beh,Ind "71le Greaeeot (kmration" and floodit mall with WW11 vesterarLs wearing their VFW caps. CQ Department Coaunand= Departm= AdjumatlQuartermast„-rb Membtrs of tho National CounoU of Administration cRi, -;719 -3,5go ?16.. ...__— . �w.... _—_ ..��. ... ...«..� +Mw........w w._>• r.�.. .. ...... w.n...• w,w ..•.� w.•w ....., .I \wIW A.wF w�• •ww .•/w 110 3 JAN-12-2004 MON 10:1�5 AM I DEC. 8, 2003 1 : 2 3' PM J, ABELS & ASSOCIATES VFW ADJUTANT GINERAL 760 771 3435 P. 03 NO, 869 P, 2 T'R03UT"E" TO A GE24MUNION 1~rS-D,'fCA'B0N 08PL93RATION,, MATr,2,7-810, 2004 In I -o Lftr,ll .DA eu. EO)datsd, MV29,zoos lu 1993 Cougm wit-u rued the !kametinan 34111, Nformumts Ckamniss'. on to estabIsk, a World War IlMemori& in W2 sbir,,-,01jft, DC t1rong.L Lzw ThtMemwir4 w- ill honor the 16 million wboserved irithe who died, and the =dlHorAs who uuppoit*d the wur offort frcratht; bvme frorA. It w'!,l In a nAmxift To thc.,qphj4 sacrifice, and conmitineni of the Axnerkan peqjlo !(j th(i corimaon deli uiv of 1,iazolion and, to the broader causes of peace and h!etA-cra from ty=nythroughout the world. It is -0-1c, first narievilmemwill dedicated to AmftieWs participation isi WoxId WarLl. The Memorial is bobag f=0.d rxutibu-dojm 110 faael-rdsizW campaign wa led by NafiaW Chai=gn SamTtor.a.cb Ook, or.jl:. 1K 5,mith. Ch;;;uum Preddemt and CBO of Ccvrpo:rw-,:ia-a. More than $190 million has been raised in mationwi-do. =twoT],v of c=,.m."butors S. inclufts omporadow) founfttions, Vetcau groups;, oohouls, oiKe and niuioe4ati-m i, states and individuals. !.hie Mattonau �Lorl& T41,- •r da. 'zi made t1lb LMO In 1923 Congress fttablialled the, AmmiDva Bade Mon-umants Coramis oi W, d , e agency of the 130cutive Branch responsible fbr honoring Atacricau A=ed FoToeu whato tt.-.�y havowryod tiv-* April 17, 1917, ABUC admWiftT., cpYrau and x1�nt-jzns cemalerlts;n foreign soil, and twenty-sevon sapiwate mcmonl0s, monurt,6-ats and m-x1r.,zs- F-ve of dhti mezuoriaL; ace in tho U73ited States. TheNation4,virotid, "Arar IT memo.-ul 411 6n, the, six.b. 00-Mb.=t4�d lleNadonsl World War ;1 \d-unoiial Caup.,�dX.wvs outablitlwday' A.Bp&., forthgLtWses of RIndmising, dissminagag inforrimor.- aoui: tho, 1`Te:6z).a;.j'\k,�,-fii,".'-''k,it,,r A a usji;itry afthe World War Il V=erxdon's smvirA and plan-rdag Fad execildrig 0:-;e.j.1:s. visit the: f0lowing wabsites for aMtionsd itfix-tuation: Amari= SaW6 'xkmuments Commission; . W-411he. v The N4=all World Wk Ll Mmofial; www'.w W.—Cam JAN-12-2004 MON 10:16 AM J. ABELS & ASSOCIATES DEC. 8, 2003 1:20•PM VFW ADJUTAIJ c,FMFRq! 760 771 34-35 No, 869 P, 3 P. 04 Pal XIC �Lil C The four -day DO&Catimy 0,-leb,ration I►lsamisd by tho American Batch Mo_iumamha C0**++ blion will r m over McMorial Day' GW=d 2004, Ism May 2.7cb tivougb, May .30*� Tit1cd .� �43t; ,3 to a Gnme4don'; tiediCWOA activities will comm=0Tw:e fhe lvlamc> sal and Uelebnue tho cc ntr+ buti x:,,: Wm.Ild War PI T_. l' . ti to p, r li t - N.. ittunal We rld'642ar IL ReuujL� t,-G size 1 by The Salt► lworAals aim-idt}otion - O.'431I:ter for 'o; : <re. -0- c-a3. ray Heritumb TItte Awett=Ba.sdo Manum!'u.-te +':.Mmaisdon The Rmion will be a places whexe W VII Centra`czoi:1wrwrees from a.cr-',)su dim camwy can rnyc•:, mingle and rcmiuisoe with otheTs v. s", -:,4 is =if,- n Dui psi the `ty,:ne bran; ;1wi,,,, VrVirrf; and, to celebrate -the building and dedication of t'he zr Mernmitl. it will be a dace wbere $iands and. of ms can share the celebration with die goi-.�:ratio:a t ml; -I esseati�il �Ix,; i'irrar orri o;: the'�Itiiti3,]. ' tata» u "EU7 ^�aa. The Rm mion Will be 13z'I,d in t=t.::i. pwnllio,as .t;. stages. Tt � i °avill ac ;rct��:s,i txte��xt, pre tatioras of oral bWoties, equipment ditpiays tmd ac-thritie: fcr hildren • o leawr, , att4 t'iie "dia:ibwens of tho WWII smersdom Dates: Thursday, Mays .2 7, 2004 ihrougA �quudey,, lV,,',ty 30, 2004 Locatioa: The *,1*1ional lv 90 potw(0413'a ;•,nd r`i' ;y�� E'tG; :1csse to Sias 1�Ts:ir�aa1 yir. & S .::o- i��insa�amt) Time: 11:00 &.aL 'tc. '7:0C1 p.m. E.DT Dai:ty Admittanoo; Free aaci apex 'to t,ae public; �:loxet/paws not xvqllred '1"ri�i�# ISpohiored by: The Awezlle= 3011e :+►! Auuira 4R Cextr.ab"I'►n The w tarry service caremenial units sutioned in VyTubir ton, DC aru- planning to,johx in rmdeAtl; a musical and tc �IIculd W,,j,• fl V dceni%. E1e-m.e!as £ro:n the Amy, Navy, 1` wine, ("oMs, Air Force and Coast Qk d vd11 sf pemble at t.ie M(131 Canter in €lc;uVtolmn Nk-w itq'ton to jMfrnzaa► a special tribute for W M vrtm-,=- Dates: Friday, lyi ay 28, 2004 1V4afnc, atxd a enirtgperfo=ar..c,n Saturday; Mt, y 29, 2004 Fveming per•fom aW: Location: MCI Contar Washington, DC Time: Timm of the wee parfr i mmi to be, zmaounvA Admittt3=. Free, •t cketed event. I✓s,ttYa . ukiciri o ' c,kr�b; will b;. uzmo: xA- d at a latnrdate. ,!�t� I°i1C;ua��t�mt;.,1W P!aur'�=:.�:1i.we 11hey prayed in the fusbole• ...ir, the blWag hew. of t>~o de$rrt... cit dcr4r juug�ae, imd in ft b :ter cold Europeau witatm. Across t1ILe oceans their lav*d ones also prayed. ...fcrn house; of vc•ai*gyp laa•gv and amall... in fmtvries. , .and across Americei hew- iwid, On May 29, 2004, the World 'iMw II am=aiion v ll again gather in prayer on thta day their Memorltu is dedicated. JAN-12-2004 MON 10*6 AM J, ABELS & ASSOCIATES 760 771 3435 P. 05 DEC. B. 2003 1:24PM VFW ADJUTAN1 OPIERAL N0, 8fi9 P, 4 'erne,��.�?!vr��yia�,�C,',cdttu�ip�a An interfaith oervios of remembrance, 3eAcation,, axid celebradot7 wri]l ba h4d sit Ivj Waabivgton bladmal Cathedral, A National f�our� ��"t ral�ar�©r• cell '�va��. Dtw to the lix itw.1 seat -gin the edMl, them will be oontrnlled access to z�t.'Qicl oYrc:r cxds'�rr;>f'.np , D,atai :i regsur ling &Lanit.t.x;:,)* to to Mernmial Serrivo will bs auuounced at a later date. lsatr�„:�,�tw rri w�viu�, i'dtei it-i Washin;toti, ;-G wiCt be a-vaUtb1c for -t mne, wismng to view the set iot vift' hair 4braD-Y and Mands. Date: aatmday, May %h, 2004, L000ion: The WAshinjy an Natl=l Cathedral zone; 10:00 a-m. — 1130 �Lrra. EDT Attw dastce: To by unou rived at a. later dat•; . EVOICaT_ON CSIR.EhIONt - MAY 30, 2004 The Dedication Cc=iony wif1 ma*z, the is, porttlot tAdition of tht M-eam^zI to thn- Nat=,= Mall and acknowledge the scrvic, and sac-nfice of the'iWVVU gemeradon. presi6rat B t bu. bom 1w itc d to meivo the McMorial on behalf of OLb natiot. Pro -Ceremony eAtejuiramx.t b.t; T t1 nl; at n7oo-. �xrill ii .clnde live waic, ''►i 9x'i ift firer of tlw vt73o.•ti, erEt, and UstoxiW inf6,mudid-a 11.i� ii,:lo btlildi.:tr; of e 1.N1oria.. Data: Sata3:da d', May 2-S, 2004 Location: MosmoriL Sift r')n ditb Iti 04G.-W M Z111 Ttne; Gatev open &: 11:00 &m. ZDT Pro-c'mro movy Show 12:00 p.m. —1;55 P.m..krfr De&cadon Ctrarnony 2:00 p.m. •- 3:30 p.ra. EDT A special soatig azoa uri) I'(-- ck;rlgalf d for mat bar,- of tho tiVW-Ja gan,.-ITtion at t e, Dedication Ca =04Y. The AmericanBstt],e I�onw.uer�t Ct�xnraissi�5.r`:�c�::llcagv is wv :aa�,;o.�cn:��:rte all wk�a dlSGo:�rd a Beet, while meson$ a demand that vH11 &:ly o1x,ace6 f4a T=lb 1, of K;Sts t:v.lal',le. Due to Space coiaaGrarnrz, we, ,ca-rLtiot g11vx vjtt.c; will have a seat. BlivIrsafswratseamotbe rosccved for groups. Al tlYlC is wo4ft clm t1;� ctlze r: gav :i�,:� qrt t t ::.� .� c: ;„; �cn+i e.cput i i 7.a ago &Mt wat►agemw t to devi.ge ILO b,W possib a fay..his ci,e .�-n, C,;:, so �_ Wray oszboy 11�, oolirbcataon in a safe and secure eavirontneot. A 51 the -saatirz plarxs avolva, iU*4-rf .itiuon WiU bo au the xvJ A91 wcbsity, toll fm telephone, nurLber, she U12033 S : ,• 3u .eW, and the rn ; a. Tuna of thousands = t5xpectod o attePd ffic s1"hmt;oa ictiviticb, m=beas of'theV)"WU generation. While euctraordinary efforts axe bin rmde to a000mi modatc evaaymie, WU should 1bv propamd for long lines, unpred of able westhcr axed other i:aoonvflriences asmciated u: tea It ge eramrda. Uvaiyone eWcriug the Memorial site for the nod iodtinu' , ony Nviu bo rcqtth-ed 4o 01m ;;wllityp wbich WAY ue xvssitate walft in line. Iuvitationis to the dak4c--than evo-ato are am ;Vgiiatvl, 3. 113 r COUNCIL/RDA MEETING DATE: ITEM TITLE: 4 XP Qum& AGENDA CATEGORY: BUSINESS SESSION: January 20, 2004 CONSENT CALENDAR: 17 STUDY SESSION: Approval of Participation in the Coachella PUBLIC HEARING: Valley Arts Alliance's Event, "Kaleidoscope" RECOMMENDATION: Approve the City's participation in the Coachella Valley Arts Alliance's event, "Kaleidoscope," to be held on Saturday, February 21, 2004 at The River in Rancho Mirage. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has been a member of the Coachella Valley Arts Alliance (CVAA) since 2000. The mission of the organization is "To support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley." The CVAA is hosting a visual arts event entitled "Kaleidoscope" at The River in Rancho Mirage on Saturday, February 21, 2004 from 10 a.m. to 5 p.m. Artists will display and sell their work and performers will provide entertainment throughout the day, as presented in Attachment 1. The CVAA requested the City's participation by asking the Cultural Arts Commission to arrange for a performing group to entertain during the event. The Cultural Arts Commission discussed this request at their January 8, 2004 meeting 114 and determined that the "Scratch Band" could be available for this event from 2:00- 3;00 p.m. The Commission is seeking City Council approval to participate in the "Kaleidoscope" event by arranging for the Scratch Band to entertain at the event on behalf of the City of La Quinta. There is no charge for the band to perform and no cost to participate in the "Kaleidoscope" event. The Cultural Arts Commission will be responsible for coordinating the event with the CVAA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City's participation in the Coachella Valley Arts Alliance's event, "Kaleidoscope," to be held on Saturday, February 21, 2004 at The River in Rancho Mirage; or 2. Do not approve the City's participation in the Coachella Valley Arts Alliance's event, "Kaleidoscope," to be held on Saturday, February 21, 2004 at The River in Rancho Mirage; or 3. Provide staff with alternative direction. Respectfully �f bm itted, 0-1 e Horvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Information from the CVAA Regarding the "Kaleidoscope" Event 115 r FUSX.IC SERVICE ANNOUNCEMENT as of December 20, 2003 From: Miss "T. Imschweder, Publicist... ph./fax (760) 341-1233 riusstpubli cil;XQaol. corn Re_ COACHELLA VALLEY ARTS ALLIANCE (CVAA) A nonprofit 501(cx3) organization whose mission is: "To support artists and arts organization and foster new arts activities to ensure cultural vitality in the Coachella Valley." C.V. ARTS ALLIANCE WILL SPONSOR "V,ALEIDOSCOPE 2004" ON SATURDAY, FEBRUARY 211,2004 AT THE RIVER IN RANCHO MIRAGE RANCHO NVIYRAGE, CA —Coachella Valley Arts Alliance (CVAA), a nonprofit 501(c)(3) organization, will sponsor an all day outdoor event titled, "Kaleidoscope 2004." This visual arts exhibition/sale and performing arts event will be held on Saturday, February 21 at The River in Rancho Mirage, which is located at Highway 111 and Bob Hope Drive. Hours are 10 a.m. to 5 p.m. There is no admission fee and the event is open to the public. Thirty-five local artists (including painters, sculptors, ceramicists and photographers) will exhibit and sell their artworks along the walkways. Throughout the day, a full slate of local performing artists and groups will sing, dance and entertain in the outdoor amphitheater on the premises. For additional details call Mark Stephenson at (760) 251 -0855. Net profits will be used to help CVAA accomplish it's mission, which is "to support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley." The CVAA invites the public and organizations to become partners. For partnership applications write to: CVAA, P.O. Box 4752, Palm Desert, CA 92261-4752. W llf z•d *229-12e-09L spueyojew d92:eo b0 s0 Uer a, � 5 5 OF 9ti COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Denial of Claim for Damages Filed By William A. Durazo — Date of Loss: November 13, 2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by William A. Durazo, with a reported date of loss of November 13, 2003. FISCAL IMPLICATIONS: The total amount of the claim was $700.38. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by William A. Durazo with a reported date of loss of November 13, 2003 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by William A. Durazo with a reported date of loss of November 13, 2003; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, K A. Ruiz, Pe o Risk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. William A. Durazo, Claim for Damages 113 2 ATTACHMENT 1 rit.r notI n: CLAIM FOR DAMAGES RESERVE FOR FILING STAMP CITY CLERK'S OFFICE City of La Quints TO PERSON OR PROPERTY ' Wp ' P.O. Box 1504 La Quints, CA W53 EC 2 9 AM 11 ` 4 5 INSTRUCTIONS 1. Claims for death, aqua b person or to personal property must be filed not later than six months after Ct the T A Y 0 F L A © U� FF t C CLERK ' S O F occurrence. (Gov. Code § 9112.) -C I T 2. Claims for damages b real property must be fled not later than 1 year after the occurrence. (Gov. J o V��u i z, Code § 9112.)-(:'•.. 3. Read entire claim form before 61ing. ��,t�s S o rti 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at botbm. 6. Attach separate sheets, rf necessary, to give full details. SIGN EACH SHEET. TO: [Name of City] ctTy or- l� Qj1r,rr� Date of Binh of Claimant: Name of Claimant: wcit Occupation of Claanant WoNE Tt::ctlNttUlrJ Home Address of Claimant City and State CA01PSo Home Telephone of Claimant 43-2-Es0 C1.01- t CA . 9Z Z of '760 - '6N1 - 14g0 Busatess Address of Claimant City and State Business Telephone of Claimant In.o - 4'65 -O-r%16 Give address and telephone number to which you desire notices or oonrnunioationS b be sent Claimant's Social Security No.: regarding claim: 83-z8o Ca�yvso Ct+%, lro;o ,Ca gzzQt SLll --it When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: _l1 - 13 ' - 03 Tree: 9 :oo f.,n If Chaim is for Equitable Indermity, give date claimant served with the complaint Date: Where did DAMAGE or INJURY occur? Desafe I!Z. and locate on dianrarn nn n+voma two nr thie ehml INka a ..6....,4 _-_-- and address and measurements from landmarks: �wma-t,E to ls�tL�c� A.ao �C�Ww Oeeu/-� o�► Avg . 5"L +3t-��t �<�+soN i�t'4 1�R0►SoH 1rl <R t,�a�rrpp. fio��siR�l�t�vt� C.e.+'r-% w%a+C W4N :"O OA S2 �= , t m�tt.tr.16 "(!� �1STldoutJO I.PiW Describe in detail how the DAMAGE or INJURY occurred. Wi\;tLC -MkVla_j"6 NomL OK "jHiza, G1N%TG0VN0L.#VJI= t ��R1AAv, Kl(etl1 fiPPilOjC q�pp Qm t 04 tauE_ S"L ttt LPr CwjoTA I j vuAg TaKC.o 7M VhLE9r._ CwSa, Zu 11�� Ott(E►i' Snout pe^p, t 1�1►E "Tb C�u►�s fWrc�ttaJ cot.> pt.tca:-p tN -TWAS YMAWt4M r Upo,J ')olN 6 So �►JPtS roQCk� 1U 'Rv.a WC(ip$S "1 tzl'E 'To-T !{oLe5 IONE OF W%%tuA wkS VtLLWO Why do you claim the city is responsible? -I- was T-o(Lct� I pvG Ta I 'To 1i►E7R6E D1R.t�.1u� ovrR �'St AkaXt> tN G %,-rP,�--rt W�"av wta. w"ar UA.RK Pats 'fut�wz cotAt_O Ntsvr . i3%-_ StrW Describe in detail each INJURY or DAMAGE 't! lt.nat--V_ Vt,(bnonJ or- rw-� w - A"j% `it gV_- WL---Xbc- I Ws �1J �o►.sr 4Fts3t wW,,_' SEE PAGE 2 CLAIM 119 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital pre .S Expenses for medical and hospital Arne ..... $ Future loss of earnings ....................S Loss of earnings ........................ $ Other prospective.special damages ...... :... S Special damages for ..................... $ Prospective general damages .........:....S General damages ....................... $ Total estimated prospective damages .......$ Total damages incurred to date .......... $ Total amount claimed as of dale of presentation of this claim: $ Was damage and/or injury investigated by police? N 0 If so, what city? Were paramedics or ambulance called? tltb N so, name ci(y or ambulance If injured, state date, time, name and address of doctor of your initial visit -WITNESSES to DAMAGE or WMY. List all persons and addresses of persons known to have Wwnation: Name Address Phone Name Ads Phone Name Address Phone DOCTOR AND HOSPITALS: Hospital _ Address Phone Doctor Address phone Doctor Address phone READ CAREFULLY Ford accida t claims Place on ioow"V diagram name of streets, kckW np North, I r, , p �t byAi, and location of yourself or your vehicle at the time of the accident East, Soulh, And west; indicate place of accident by X" and by dowirg house by -B-1- and the point of impact by X.' nw6ers or distances to street comers. If City Vehicle was involved, designate by MW N location of City Vehicle when you first saw it and by'B" location of yourself NOTE: i diagrams below 0 not At the situation, attach hereto a proper diagram or your vehicle when you fast saw City Vehicle; location of City vehicle at time of signed by claimant CURB or person to Claimant SIDEWALK - SIDEW d a d a J�-Vt✓ , 52— a a n W D t RT _K I F (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 70 /NO / o CURB 121 5 R , .„...YY� iYV Yi• k Anvoice a- V. R�i� fkOAD -COM Dace ir�vasae # CATeH M CITY C"fi .WM4 11117#2003 611 7602029766 BM To WILL DURAZO 83-580 CALYPSO CIR 1NDIO CA 92201 Ship To I DW DSe 1 ReP I MAKE . I MODEL I YEAR I UC PLATE NO. I MILAGE I TCQ! I 1111.17120031 DC I I GLANT 1 3000 1 1 1 1 Itarra Gale l IRMS Qescrow 1 g` ALBA BATIKS RM 225135119 TOTO TIR11 SAGES TAX Web Sae A.UTOA,CCIMRY'GYAMOUSR.COM Pay atslcredts 1-372.06 1 TOW Price Each A 650.O0 650.08T 7.75% 50.38 ~1 ' l ��oa:3a T8RW AND C420ITION Vim* Dua i hereby a diodes ft shove motk to be complewd by mfaa accessory warehouse surd g mt you or your employees pemlission to operate my vide detsibed above on stiraets or 1d0w ys far the p gose of testinfi sad or bRecdon an aTress mechanics lein is MAY acknas (edged on above vebide to secme the amount of repaim i understand *at woik completed by aaw is for. show purpose only and not intoned ftr street use.there are no vraara des"aprefted orimplied, an any wo* coWloed by aaarthere are no aearrandies on firestone products. these are absobaly ono afimds. all depots are non refundable. i accept all rMonsibility for sty veWde it's interior and possesion left in side vehicle, including.but notlimited to stereos, speak wheel and tare ea i unda=d thr wer iF�lit '^ is tli�°�' ...d a.e � utia�ed Muc W; �. 5. �. � its cacaat oar. w repaint is only* al st;pgr"d take more orles-lixgdepeding on the trehide wad job "e. j i � �� - ,' fl Tay/ 4 XP Q9&rry COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28838-1, La Cala at PGA West, Western Pacific Housing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Accept on -site improvements to Tract No. 28838-1 and authorize staff to release security immediately as warranty security has been received. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28838-1 is located west of Madison Street, south of Airport Boulevard, and north of Avenue 58 (Attachment 1). All on -site improvements are now complete and all obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. There are two SIA's, which guarantee construction of associated on -site improvements (Western Pacific Housing) and off -site improvements (KSL Land Corporation) for this tract. The on -site SIA with Western Pacific Housing guaranteed construction of on -site improvements. Attachment 2 designates security to be released immediately for on - site improvements only as warranty security has been received. 165 S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 2.doc The off -site SIA with KSL Land Corporation will guarantee construction of Madison Street and Airport Boulevard, as well as tract -wide perimeter improvements, for which the City is currently holding securities. The off -site improvements for which KSL Land Corporation is responsible will be considered for acceptance once they are completed by the developer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept on -site improvements to Tract No. 28838-1 and authorize stafif to release security immediately; or 2. Do not accept on -site improvements to Tract No. 28838-1 and do not authorize staff to release security; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jona s n, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 1�6 2 S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 2.doc ATTACHMENT 1 TRACT NO. 28838 PGA WEST 52nd I AVENUE 53rd AVENUE Ln 0 z 4 54th AVENUE n v o z -' rn rn AIRPORT BLVD.I ' 58th AVENUE VICINITY MAP NOT TO SCALE 0 0 00034s Z 7 ATTACHMENT 2 SECURITY — Tract Map No. 28838-1 La Cala at PGA West On -site Improvements Grading $183,547 $183,547 90.00% $18,355 Streets & Storm Drainage $850,527 $850,527 90.00% $85,053 Domestic Water $384,835 $384,835 90.00% $38,484 Sanitary Sewer $182,532 $182,532 90.00% $18,253 Underground Electrical $192,500 $192,500 90.00% $19,250 Monumentation $19,000 100.00% $0 Totals $1,793,941 $1,812,941 1 $179,394 Performance Security shall be released immediately after City Council acceptance of Warranty Security has been received. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (April 19, 2004). 3 WARRANTY SECURITY shall remain in place for one year (January 20, 2005) after City Council acceptance of improvements. 128 T:\PWDEPT\C0UNCIL\2003\November 18, 2003\C 2 Attachment Table.docAttachment Table 4 ceitit 4 XP Qumrru COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 28838-2, La Cala at PGA West, Western Pacific Housing RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28838-2 and authorize staff to release security immediately as warranty security has been received. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28838-2 is located west of Madison Street, south of Airport Boulevard and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating securities to be released immediately as warranty security has been received. 129 S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 1.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 28838-2 and authorize staff to release security immediately; or 2. Do not accept improvements to Tract No. 28838-2; or 3. Provide staff with alternative direction. Respectfully submitted, lublic othy R. nass P.E. Works Director/City Engineer Approved for submission by: homas "PGenove'se, City Manager Attachments: 1. Vicinity Map 2. Security Outline S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 1.doc 2 130 TRACT NO. 28838- AVENUE 58 2ATTACHMENT 1 3 10 ATTACHMENT 2 SECURITY — Tract Map No. 28838-2 La Calla at PGA West Grading $118,459 $118,459 90.00% $11,846 Streets & Storm Drainage $283,142 $283,142 90.00% $28,314 Domestic Water $327,785 $327,785 90.00% $32,779 Sanitary Sewer $158,675 $158,675 90.00% $15,868 Underground Electrical $105,000 $105,000 90.00% $10,500 Monumentation $9,0001 100.00% $0 Totals $993,061 $1,002,0611 $99,306 Performance Security shall be released immediately after City Council acceptance as Warranty Security has been received. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements (April 19, 2004). 3 WARRANTY SECURITY shall remain in place for one year (January 20, 2005) after City Council acceptance of improvements. TAPWDEPT\COUNCIL\2003\November 18, 2003\C 1Aftachment Table.docAttachment Table 4 cew�t 4 XfA.4 Qu&rry COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Parcel Map No. 31772, Desert Club . Tract Unit #2, Power Finance Associates, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 31772, Desert Club Tract Unit #2, Power Finance Associates, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 31772 is generally located on the southwest corner of Calle Guatemala and Calle Cadiz (see Attachment 1). This residential development will consist of 3 lots; on approximately 0.41 acres (see Attachment 2). On November 17, 2003, the Community Development Director approved Tentative Parcel Map No. 31772. The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. 1`3 As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map. The approval is contingent upon receipt within 30 days (February 19, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. 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 for Parcel Map No. 31772, Desert Club Tract Unit #2, Power Finance Associates, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 31772, Desert Club Tract Unit #2, Power Finance Associates, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, w J^) 1 _ 4:othy R Qnas o , P. E. Public Works Director/ City Engineer Approved for submission by: C j / Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 2 104 RESOLUTION NO. 2004-(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. 31772, DESERT CLUB TRACT UNIT #2, POWER FINANCE ASSOCIATES, INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 31772 is conditionally approved provided the subdivider submits all required items on or before February 19, 2004. 1 3�J Resolution No. 2004- Parcel Map No. 31772, Desert Club Tract Unit #2 Adopted: January 20, 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. 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 19, 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 20th 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 Resolution No. 2004- Parcel Map No. 31772, Desert Club Tract Unit #2 Adopted: January 20, 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 7 y-1 CAI_LE TAMPICO VICINITY MAP PM 31772 N.T.S. ATTACHMENT 1 6 1�3 ATTACHMENT 2 kd ii r � t 11 1rip �'p !�� rca,r ! � ► � r i ! R �� ►� �f �t lit. N gad �•t. �•�• �;.;. i < I` a , _ Y'NM1tl119 3illl� ' r ! �•t� � .a � •r �" •r �� fit. �� ! VA �,- rj w94 INNS PS lit lb ! 1i= but ►: ► r: ► 1�.i! 1 9 Tjht 4 Q9mrA COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Approval of Amendment Number 4 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for Improvements to Jefferson Street from Highway 1 1 1 to Indio Boulevard RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /y.. STUDY SESSION: PUBLIC HEARING: Approve Amendment Number 4 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for Improvements to Jefferson Street from Highway 1 1 1 to Indio Boulevard. FISCAL IMPLICATIONS: The proposed Jefferson Street Phase II Improvements are funded in accordance with Amendment Number Three of the City of La Quinta, City of Indio, County of Riverside, and Coachella Valley Association of Governments (CVAG) Reimbursement Agreement and Memorandum of Understanding (MOU), executed on March 12, 2002. The overall project costs for the Phase II improvements are estimated at $16,700. CVAG has agreed to pay 75% of these costs. The remaining 25% will be paid by the jurisdiction in which the improvements are constructed. The City of La Quinta's funding contribution (25% of the project costs within its jurisdiction) is estimated at $2,797,250. Of this amount, the City has been provided a credit in the amount of $963,000 from State Transportation Improvement Program funding obtained by the City to offset the costs of the newly included bridge across the Whitewater River, and has also been provided a credit in the amount of $1,647,184 as a repayment for the Regional share, advanced by the City for the Washington Street Improvements from 500' south of the La Quinta Evacuation Channel to Avenue 50. The City of La Quinta shall be responsible for repaying any balance of its portion of the proposed improvements minus its credit in the amount of $2,610,184. Considering the City's estimated costs are $2,797,250, the City's out-of-pocket share will be approximately $186,466. However, the City's actual contribution will be calculated based on the project's final costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Base MOU City of La Quinta ("Lead Agency") - City of Indio - County of Riverside — CVAG (respectively "Cooperating Agencies") Reimbursement Agreement and Memorandum of Understanding (MOU) was originally signed on April 29, 1997. The MOU established the guidelines for the development of the Project's Preliminary Engineering and Final Design of Jefferson Street from Avenue 54 to Indio Boulevard. The City of La Quinta was designated the Lead Agency to provide the ultimate design necessary to acquire right-of-way and to construct Jefferson Street from Avenue 54 to Indio Boulevard, including a bridge in the City of Indio, and a bridge and low water crossing within the City of La Quinta. The estimated cost of the Preliminary Engineering and Final Design phase of the project was $600,000. CVAG advanced 100% of the cost associated with this phase of the project. However, the City of La Quinta and Cooperating Agencies were required to reimburse 50% project costs at a future date prior to the completion of construction. Amendment Number 1 Amendment Number One to the Reimbursement Agreement and MOU was approved by the City of La Quinta on March 16, 1999. Amendment Number One modified the funding distribution previously authorized under the terms of the existing Reimbursement Agreement. CVAG Agreed to increase its 50% funding contribution to 75%. In exchange for the additional funding by CVAG, the Lead Agency and Cooperating Agencies agreed to process the project in accordance with the requirements set forth by SB 45 and the Caltrans Procedures Manual for Federal -Aid and/or State funding projects. 214 There was no Federal or State funding identified at the time Amendment Number One was approved. However, it was intended that the project be developed and processed in a manner that allowed Federal or State funds to be assigned by CVAG in the future, if the funding became available. Amendment Number 2 Amendment Number Two to the Reimbursement Agreement and MOU was signed on July 26, 1999. Amendment Number Two increased the prior funding amount from $600,000 to $15,061,660. The new funding amount provided $698,437 toward Final Design and Engineering services and $14,363,223 toward Construction. Amendment Number Two also provided for CVAG to advanced 100% of the City of Indio's allowable project costs. The City of Indio agreed to repay its proportionate 25% of the funds advanced by CVAG over a 5-year period, beginning July 1, 2000. The Cities of La Quinta and Indio were assigned the full responsibility of taking all actions necessary to acquire the right-of-way needed for the project within their respective jurisdictions. Amendment Number 3 Amendment Number Three to the Reimbursement Agreement and MOU was signed on March 12, 2002. Amendment Number Three changed the lead agency for the 2nd Phase of the Jefferson Street project (from Highway 111 to Indio Boulevard), to the County of Riverside instead of the City of La Quinta. The project costs for the Highway 1 1 1 to Indio Boulevard phase were estimated at $16,700,000, including $1,300,000 for Final Design and $15,400,000 for Construction. The City of La Quinta funding contribution (25% of project costs within its jurisdiction) was estimated at $2,797,250. Of this amount, the City was provided a credit in the amount of $963,000 from State Transportation Improvement Program funding obtained by the City to offset the costs of a newly included bridge across the Whitewater River, and credit of $1,647,184 as a repayment for the Regional share, advanced by the City of La Quinta, on the Washington Street Improvements, from 500' south of La Quinta Evacuation Channel to Avenue 50, including the bridge widening. 3144W The City of La Quinta agreed to repay any balance of its portion of the project minus the $2,610,184 credit. Considering the City's estimated costs of $2,797,250, the City's estimated out-of-pocket share would be $186,466. However, the City's actual contribution would be calculated based on the project's final costs. Amendment Number 4 Amendment Number 4 substitutes the Federal funding previously required by Amendment Number 1 with non -Federal funds, so long as the participating jurisdictions comply with CVAG's Maintenance of Effort policy. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment Number 4 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for Improvements to Jefferson Street from Highway 1 1 1 to Indio Boulevard; or 2. Do not approve Amendment Number 4 to the City of La Quinta, City of Indio, County of Riverside, CVAG Reimbursement Agreement and Memorandum of Understanding (MOU) for Improvements to Jefferson Street from Highway 1 1 1 to Indio Boulevard; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R ona n, P.E. Public Wor s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment Number 4 143 4 Contract No. - Riverside Co. ransport�r 'n" AMENDMENT NUMBER FOUR CITY OF LA QUINTA - CITY OF INDIO - COUNTY OF RIVERSIDE CVAG REIMBURSEMENT AGREEMENT AND MEMORANDUM OF UNDERSTANDING (MOU) PROJECT FINAL DESIGN ENGINEERING SERVICES AND CONSTRUCTION "JEFFERSON STREET FROM HIGHWAY 111 TO INDIO BOULEVARD" THIS AMENDMENT NUMBER FOUR is made and entered into this day of �l1 �1r , 2003, by and between the County of Riverside ("Lead Agency"), the City of La Quinta ("Agency"), the City of Indio ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"). This amendment modifies the funding sources previously authorized under the terms of the existing Amendment Number One and Memorandum of Understanding ("MOU'), executed June 22,1999. All other provisions in the MOU and Amendments Number Two and Three thereto shall remain in force. The CVAG Executive Committee, on February 24, 2003, approved this amendment number four to provide for the substitution of non-federal local funds for the continuation of Jefferson Street phase 2 improvement project with the requirement that the participating jurisdictions comply with CVAG's Maintenance of Effort policy. The parties hereto have caused this Amendment Number Four to be executed by their duly authorized representatives on this date: ATTF.CT- APPROVED TO FORM: By: County Counsel COUNTY OF RIVERSIDE 144 Amendment #4 CVAG-La Quinta-Indio-County of Riverside/Jefferson Street/February, 2003 Page 1 5 ATTEST: By: City Clerk APPROVED AS TO FORM: M. City Attorney ATTEST: Lo City Clerk APPROVED AS TO FORM: By; City Attorney ATTEST: Bv: John Wohlmuth, Executive Director CITY OF LA QUINTA By: Mayor CITY OF INDIO By: Mayor CVAG Amendment #4 CVAG-La Quinta-Indio-County of Riverside/Jefferson Street/February, 2003 Page 2 145 COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Approval of Additional Site Amenities for Inclusion within the Cove Oasis/Lake Cahuilla Trailhead, Project No. 2002-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve installing of additional site amenities (including bicycle staubs, boulder chairs, bronze relief map and drinking fountain) within the Cove Oasis/Lake Cahuilla Trailhead, Project No. 2002-02. FISCAL IMPLICATIONS: On November 28, 2001, the City received a grant from the Department of Parks and Recreation Land and Water Conservation Fund in the amount of $150,600. The grant represented 50% of the total estimated cost ($301,200) of the Phase II Cove Oasis/Lake Cahuilla Trailhead improvements. As submitted, the project was to include additional signage, shaded picnic areas, trash receptacles, boulder benches, a restroom with associated septic system, and a water feature. During its approval of the Plans, Specifications and Engineer's Estimate (PS&E), the City Council chose not to include the construction of the restroom, septic system, or water feature. Removing these items resulted in a cost reduction in the amount of $46,407.80. Of this amount, $23,203.90 was to be reimbursed by the Department of Parks and Recreation Grant and $23,203.90 was to be paid by the City. Considering the City did not install these improvements, the City can not maximize the use of the grant. During the course of preparing the final expenditure report and reimbursement request to the Department of Parks and Recreation, staff was informed that the City can maximize the use of the grant if additional site amenities with a cost equal to or greater than $46,407.80 are installed. As illustrated, adequate funding is available within the project budget to install the additional amenities necessary to maximize the grant if the City chooses. S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 5.DOC 146 Funding Source' RDA PA #1 CIP Fund Park DIF State Grant — Land & Conservation Less Prior Expenditures Amount Available Amount $250,217.55 $285,200.00 $150,600.00 $ 503,954.51 $182,063.04 ' The City fund sources indicated have already been appropriated by previous council action and if not used will be returned to the fund balance. CHARTER CITY IMPLICATIONS: The proposed improvements are partially funded with a State Grant. The project is subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The City Council approved the Fiscal Year 2002/2003 CIP on July 16, 2002, which included the Phase II Cove Oasis/Lake Cahuilla Trailhead Improvements. On November 28-, 2001, the City received a grant from the Department of Parks and Recreation Land and Water Conservation Fund. The amount of the grant was $150,620.00, which represented approximately 50% of the total estimated cost of the phase II project. The phase II project was to include additional signage, a restroom with associated septic system, shaded picnic areas, trash receptacles, boulder benches, and a water feature. On November 19, 2002, the City Council approved the PS&E for the Phase II Cove Oasis/Lake Cahuilla Trailhead Improvements, Project No. 2002-02, authorized staff to advertise the project for bid, and directed staff to remove the restrooms, septic tank, and water feature from the project. On July 1, 2003, the City Council accepted the Phase II Cove Oasis/Lake Cahuilla Trailhead Improvements, Project No. 2002-02. The total cost of the phase II project was $254,792.20. During the past several months, an Ad Hoc Committee formed by the City Manager, met to determine what, if any, additional amenities could be installed to enhance the Cove Oasis and allow the City to maximize the use of the State grant. The new drinking fountain is being provided to include a dog drinking bowl, since the public has provided a bowl for dogs to drink water from, and this standing bowl of water attracts insects. By installing a dog drinking fountain, the standing water issue would be resolved, while providing the added amenity to the site. The bronze relief map would be comparable to the bronze map on the Civic Center Campus; however, the map would focus on the established trails in the area, enhancing the information available on the existing interpretative map. S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 5.DOC 2 r� r� Staff believes installing the following additional amenities would serve to further improve the Cove Oasis: 8 Bay Bicycle Stand from Quick Crete 2 Boulder Chairs by Roger Hopkins Bronze Relief Map and Trail Markers by Sandy Swan New Drinking Fountain from Stern Williams Total Estimated Cost: $ 1,000.00 $ 5,000.00 $36,000.00 $ 3,000.00 $45,000.00 If the City Council chooses to install these amenities they can be installed within approximately 90 days. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve installing additional site amenities (including bicycle staubs, boulder chairs, bronze relief map and drinking fountain) within the Cove Oasis/Lake Cahuilla Trailhead, Project No. 2002-02.; or 2. Do not approve installing additional site amenities (including bicycle staubs, boulder chairs, bronze relief map and drinking fountain) within the Cove Oasis/Lake Cahuilla Trailhead, Project No. 2002-02.; or 3. Approve a portion of the additional site amenities to the Phase II Cove Oasis/Lake Cahuilla Improvements, Project No. 2002-02; or 4. Provide staff with alternative direction. Respectfully submitted, T' othy R. J nass , P. E. Public Works Director/City Engineer Approved for submission by: as P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\1-20-04\C 5.DOC 3148 COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Adoption of a Resolution Accepting Passes to the Bob Hope Chrysler Classic Golf Tournament to be Held January 21 though January 25, 2004 in the Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 21 though January 25, 2004. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Bob Hope Chrysler Classic has provided the City of La Quinta complimentary passes for its 45t' annual golf tournament. This year's tournament will take place January 21 through January 25, 2004 at various courses in the Coachella Valley including PGA West (Arnold Palmer Course), La Quinta Country Club, Bermuda Dunes Country Club, and Indian Wells Country Club. Staff has prepared the attached Resolution to facilitate acceptance of the passes should the City Council elect to accept them. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 149 1. Adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 21 though January 25, 2004; or 2. Do not adopt a Resolution of the City Council accepting complimentary passes for the Bob Hope Chrysler Classic golf tournament to be held January 21 though January 25, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, �V J-,- - a-"L Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 150 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING COMPLIMENTARY PASSES FOR THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT WHEREAS, the Bob Hope Chrysler Classic has generously donated to the City, a gift of complimentary passes for the 2004 Bob Hope Chrysler Classic golf tournament to be held January 21 through January 25, 2004 in the Coachella Valley including locations within La Quinta; and WHEREAS, the gifts have been donated to the City and its personnel and 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 to accept the donation and to direct the City Manager to control distribution of the tournament passes. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: 1. The City of La Quinta hereby accepts the donation of complimentary passes for the 2004 Bob Hope Chrysler Classic golf tournament. 2. The City Manager is hereby directed to control distribution of said tournament passes on a first -come, first -serve basis. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held this 20" day of January 2004, by the following vote: AYES:Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 1-1 3 Resolution No. 2003-008 Bob Hope Golf Tournament Complimentary Passes Adopted: January 21, 2003 Page 2 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 1J� OF T'9 COUNCIL/RDA MEETING DATE: ITEM TITLE: Consideration of Appointments to Fill Vacancies on the Cultural Arts Commission and the Community Services Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Appoint one candidate to fill a vacancy on the Cultural Arts Commission and two candidates to fill vacancies on the Community Services Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: An opening was recently created on the Cultural Arts Commission with the resignation of Nicholas Hemes. Two other commission vacancies have occurred on the Community Services Commission as a result of the resignations of Mike Davis and Deborah Bechard. The vacancies were advertised with a closing date of January 12, 2004 and the following individuals' submitted applications: Cultural Arts Commission: Kathy Dunham, Wende C. West, Terry LeMiere, Ed Hackney, and Andrea Spirtos Gassman (Attachments 1 a through 1 e) M ,:3 Community Services Commission: Ed Hackney, Yvonne Lambert, Robert Leidner, and Mark Ross (Attachments 2a through 2d). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint one candidate to fill a vacancy on the Cultural Arts Commission and two candidates to fill vacancies on the Community Services Commission; or 2. Do not appoint one candidate to fill a vacancy on the Cultural Arts Commission and two candidates to fill vacancies on the Community Services Commission; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 a through 1 e - Kathy Dunham, Wende C. West, Terry LeMiere, Ed Hackney and Andrea Spirtos Gassman 2a through 2d - Ed Hackney, Yvonne Lambert, Robert Leidner, and Mark Ross 154 2 ATTACHMENT 1 a Date: �7. . ` CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA CULTURAL ARTS COMMISSION NAME: HOME TELEPHONE: (HOME) _� BUSINESS: EMAIL: \\ L `ris 4 u AO L, Q M FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: t' HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 0 m-m gar- �.o � ca 155 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. What specific issues or problems face the La Quinta Cultural. Arts Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT '156 4 La Quinta Cultural Arts Commission Application to Serve Kathy Dunham Bio sketch: See attached bio Civic involvement: As a member of the La Quinta Arts Association and in conjunction with Marni Francisco -Cady of the City Recreation Department, 1 was responsible for coordinating the children's arts activity for the dedication of the new community park in North La Quinta, September 2003. This highly successful activity, which involved painting on tile, was a hit not only with young children but also attracted teenagers and many interested parents. I am currently working with Desert Sands Unified School District and John Waybrant, Principal of Adams Elementary School -In La Quinta, for a'Hands on Experience with Art" program for their 46 & 5* grade students. (See attached program outline). I was a participating artist at the Cultural Arts Commission "Concert Under the Stars' at the Civic Center Campus April 25, 2003. I. also teach both drawing and watercolor to local residents at the Senior Center in La Quinta on a year round basis. Knowledge of the functions, regulations and procedures of the La Quinta fultural Arts Commission: I have been provided with those sections covering the powers and duties of the Commission and see being a member of the Commission as an opportunity to not only oversee the arts that are presented to and represented in this city, but as a viable vehicle to also improve the quality and exposure of all arts to our citizens. The Commission has limited powers but serves as a repository of information and manpower to assist the City in its Cultural Arts Programs. What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issugss or problems? Providing a balanced arts program is always a challenge. Funds have to be allocated, volunteer and staff involvement need to be coordinated and the public has to become a participant for our efforts to be successful. .It is imperative that a cooperative working relationship is ongoing and nurtured for the mutual benefit of the community. . Art has provided me with an enrichment both personally and professionally and an attitude that without artists, our world as we know it would not exist. Art is too important not to share. Georgia O'Keefe expresses my feelings In the following quote: "When you take a flower in your hand and really look at it, it's your world for the moment. I want to give that world to someone else". The circle completes itself when you give back, that's what I'm trying to do with my life. 15 Hands on Experience with Art LQAA Community Program Scone: To. provide children with the opportunity to experience first hand .the mechanics, touch and feel of visual art. Method: Four instructor artists will. demonstrate a new technique on each of the four weeks of the program. To be followed by the children having the chance to use the materials demonstrated to create their own composition/artwork. Class will last 1 % hours on the four Tuesdays in February 2004 (2/3; 2/10; 2/17; 2/24) and be held after school at Adams Elementary School. Supplies will be provided by La Quinta Arts Association. Adams Elementary will distribute notification to all 5* graders with a permission. slip to be signed and returned to the school. Students must sign up for all 4 weeks (no single week participation available). This is a voluntary program for the children. instructors: Week 1 - Drawing Week 2 - Pastels Week 3 - Watercolor Week 4 - Collage Materials needed: Pencils Pens Charcoal Newsprint Sketching Paper Pastels Pastel. Paper John Weidenhamer Gwen Novak Kathy Dunham Gail Taylor Watercolors Brushes Watercolor Paper Water containers Paper Towels Salt Glue Magazines Kathy Dunham 55-172 Oak Tree La Quinta, CA 92253 (760) 771-6367 e-mail: H2OChs4U@ao1.com website: wwwYAyDunhun.com Mainly seff4aught, I found that through watercolor I'm able to share my love of flowers and botanical fom>s with others. Painting became a career after lying dormant for over 30 years. 'Losing orWsjob makes you search Inside yourself. I realized life was too short not to be doing the things 1 love and I embanked on a crash course.to learn a medium I had never eViored". There began my quest, to.reaoquaint myself with the creation of art and be successful at my endeavors. I took classes, read books, attended workshops, and traveled to wonderful places to learn my craft. Under the guidance of such talented artists as Tony Couch, Gerald Brommer, Betty Carr, Mel Stabin, Roger Amnstrong, Diane Maxey, and my mentor Alan Lugena, I've begun to blossom (no pun intended) and have found the beauty of sharing my love of flowers through watercolor. The vibrancy of this medium is unrivaled when it comes to expressing the beauty of botanical subjects. Georgia O'Keefe expressed my feelings so eloquently when she stated: 'When you take a flower in your hand and really look at it, it's your world for the moment. I want to give that world to someone else'. I am now able to do that through my paintings and the classes I teach in both drawing and watercolor. The circle completes itself when you give back. . Education - Bachelor of Arts - Cafifomia State University, Long Beach Attended —,La Rw& School of Art, Temi, Italy Saddleback College, Mission Viejo, CA — Summer Art HistorytPainting Program in Italy. 9 7 Kathy Dunham 55-172 Oak Tree La Quints, CA 92253 (760) 771-6367 e-mail: h2oclrs4u@aol.com Award winning watercolor artist focusing on floral and botanical subjects in a dynamic, dose up environment. A vibrant use of color and W/ S set these vw-V s apart from ff od watwobrs PffftS hang in both pubic and gate collections. Cower artist for Southern Callbo la's Garden Notebook— 2002 issue. Instructor of both waterm bi, and drawing classes at such venues as Rands Santa Ana Botawd Gardens, LA County Botanical Gardens, The Living Desert and the La Quinta Senior Center lnq*W by a passion Ibr nature, i search otd tibral and plant lifts to date these dynamic watercolors. Many of my subjects are plazas and Fowers Indigenous to CaNbmla and the Soud west Using bnYW color abng with dnkng contrasts of hWghts and shadows, i give the viewer a seine of being able to reach out and touch my subjects. ShowslCornpeddons: The La Quinta Arts festival - March 20 — 23, 2003 Indian Wells Arts Festival —April 12 & 13, 2003 Palm Springs Smooth Jazz Festival - May 16 & 17, 2003 Art Walk'03, Thousand Oaks - June 7 & 8, 2003 La Jolla Festival of the Arts - June 14 & 15, 2003 Malibu Art Festival — July 26 & 27, 2003 Rands Mirage Art AfUre — November 8 & 9, 2003 Artists Council Juried Show, Palm Springs Desert Museum — Nov 11- Dec 7, 2003 Southwest Arts Festival - Jam 30 & 31, February 1, 2004. Awards: Artist of dw Month, November 2003 — Coachella Valley Watercolor Sociley Best in ShowMarmn House Purchase Award, 2003 - Palm Springs Smooth Jazz Festival Special Merit Award, 2003 - Coachella Valley Watercolor Society 141h Annual Juried Show Best Watercolor in Show, 2002 - Rands Mirage Art Affair; Artist of the Month, December 2002, La Quinta Arts Association Artist of the Year 2001— Orange Art Association XKYJII Annual Watercolor West Ex hloilim, 2001- Purchase Award 81h Annual Orange Open, 2001— Wirm Newton Award - Watercolors Paint the Towne, 2001— Purchase Award Publications: Cover Art - Southern CardornWs Garden Notebook Memberships: Watercolor West —Juded Member California Watercolor Society Associate Member American Society of Botanical Artists Botanical Artists Guild of Southern California Coachella Valley Watercolor Society Artists Council, Palm Springs Desert museum Coachella Valley Arts Alliance La Quinta Arts Association International Artist Publications 2004 ic0s ATTACHMENT 1 b Dwember 18, 2003 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA CULTURAL ARTS COMMIISSION NAME: HOME ADDRESS: HOME TELEPHONE: Busnaw T nxmoNE: EMAIL: FAx: BusmM ADDRM: EMPLOYMENT DETAIIS: LENGTH OF RESIDENCE IN LA QUINTA: wende C. West 47-350 Via Koron La Quinta, CA 92253 760.564.8879 760.564.8879 bestoffancecQdc.rr.com- 760.564.8879 47-350 Via Koron La Quinta, CA 92253 Owner, "Best of France'' An importer and retailer of fine French, Italian and English antiques Approximately two years ATTENDED A MEEMG OF THE COMMLSSION? ` NO BIOGRAPHICAL SKETCH: • Bachelor -of Arts —English, UCLA,1968 • Resided in the south of France,1987 — 2001 • Manager —International Department, luxury villa business unit on the C8te d' Azur.of Agence 06n6rale Bovis,1991— 2001 • Member, Board of Directors, Mus6e Ephrussi de Rothschild - h. Saint Jean Cap Ferret, France,1989 — 2001 • Co-founder and director, Sister City -Initiative between Beaulieu sur Mer, France and Tempe, Arizona,1995 — 2001 • Chairperson - Awards Committee, "TrWhalon de Beaulieu sur Mer ", 1990 — 2001 9 1=C 1 • Recipient, "Cito)wme d' Honneur" by the Mayor, Beaulieu Sur Mer, France, 1990, in recognition of service to the community • Art collector • Private investor • Entrepreneur KNOWLEDGE OF THE FUNCTIONS, REGUTAATIONS AND PROCEDURES OF THE COMMISSION: Prior experience with civic and other public agencies of various sorts has provided me with a sound general knowledge base related to the functions, regulations and procedures of advisory entities such as the Cultural Arts Commission I have no specific knowledge of the regulations and procedures related to the La Quinta Cultural Arts Commission ISSUES OR PROBLEMS FACING THE CONNMION AND SUGGESTIONS TO ADDRESS SUCH ISSUES OR PROBLEMS: I am not aware of specific problems, if any, facing the Commission. I am of the view however that there are several issues deserving of the Commissions attention These include: • Development and implementation of a comprehensive "art in public places" plan • Enhancement of the profile of the La Quints Arts Festival • Promote development of selected international ties as they relate to the development of cultural arts I intend to draw on my past experiences with civic and cultural entities to advise and assist the City and Council through the Commission in the field of the arts, and to cooperate and work with cultural art organizations. SPECIFIC PERSONAL ATTITUDES, SHMU AND VWXILSE THAT WOULD ENHANCE THE WORK OF THE COMMISSION: • Participated in the planning, organizing and execution of an exhibit of photography by Barry Goldwater, Jr. in Beaulieu sur Mer, France • Assisted in securing finding from the Arizona State University necessary to support the Goldwater exhibit in France Planned, organized and executed numerous cultural exchanges between the citizens of. Beaulieu sur Mer, France and Tempe, Arizona as part of Sister City initiative 2 10 10� Prodded advice to internationally. recognized visual arts artists with respect to applications for entry to various arts festivals LOCAL BEmwjkW: At�s: F1ean�re Ault mr-Wdfiams Owner BIVQUQI At rVr G MY 73-660 El Pasco Palm Desert, CA 92260 Phone: 760.346.3695 1 k Sotlia C=*u Owner 73-910 El Pasco Palm Deserts CA -92260 Phone: 760.569.4500 3 1 i 163 ATTACHMENT 1 c Date:saw i- CITY OF LA QUINTA 2003 DEC 12 PH 3: APPLICATION TO SERVE CITY O A OUII , ON .its ,LE K b LA QUINTA CULTURAL ARTS COMMISSION NAME: HOME ADDRESS: TELEPHONE: (HOME)_III- I a goA BUSINESS: 3tI %- i9t 1 2 EMAIL: �L M/ 2 C�'rL�" • tZ /Z • Ceff- n _FAX:_ ? 1 7 / a" '�_ 1 BUSINESS ADDRESS g4 FG--L- jn &, IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD tV&ivI-S -mod E &_Al2s�J A IJ i Q 6r'JT6YZ, r'i'i- AI�-J Au s 1 n e,ss l :. a t r= LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 100 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. - i-1,L BA i.)J 14 A AIL&) - r 6c. jba4c Q] Lryis iom) Apv IH�-S; M/V- !Z .. A Prinz 1 r � �" Flo,r� mMR AT �MC� Aq Ouk L&4cAr1o',IAL. 14 � 14 VPW-c-[: A �(ST ON � an C/4 t-t- F2MS� � N S� iS(<S 4► p 'I Pr r-a/n M� cS�N !S C�tsrrx� c� c�t.r�eehi" G/!� A�'7'' L. fN I.ct-c D6,-,or cu."i.f> ax�� k rarscrr�l r Srx3n�tx1..,., APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. i�c.�ALL re_ c- A." tkirJ Rk.L um lsS a rJ A10 o alor) S. �+ What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? 1 -1- 6 Of i S a rQ44-, . IL 1'G-Pi dQ- e to" SI o x) H e4'e- /S k Al et4 M r,d _ �,iv�-42 Cu"TS nrrxa r ctir„ Aolk t A Wig& o' o ckyklAa1L cu''-rs CmeZ (,rl,r f 5wb paT of 14o re. P-dt • pi -or. . , AA Ira nee A /0)s1 i Ar-t' de.sr,//y;j/'n/ w �- Gal OL What specific attttut es, kills an9/or expertise do you think you have which uld enhance the work of the La Quinta Cultural Arts Commission? dA emnA' m) Ar 71-%- ArLz-s r. Cornmun•1-'4 , 4r enrtJcn!a ovr CAI Idre'A- mi(.a'd"'- 1 • A p-LUbad(�10l4h& ecru d— .4qe q-rogrs - PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 13 16 ti l ! tll-MVI 11 1 1 U Date: /)- . la' D 3 ?M DEC 30 AM 11: 43 CITY OF LA QUINTA APPLICATION TO SERVE VT OF L A AUI T ON 1 Y CLERK' 01 LA INTA CULTURAL ARTS COMMISSION NAME: HOME ADDRESS: 79 -ff C *W,4u L,^ Qu(dv 'bet, . 4.* O .'-4 04 q}2 S 3 ire !/ TELEPHONE: (HOME) 76 o. S'G y L 7 9'y BH81tdESS: i3f a ..2L 9. D 1Li- G EMAIL: .),be. k1C. eve FAX: 7Lv .r4Y, 0'?7 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. .72) 1171 Fes-. t"+&y k-eve,( 4-o su. vr.9'a 0(+V I e 1 Ill V d Lv e H .e.�-� /� .e,ow14!-c.�..._. � 0�,� c�.du.� _ 1'W/)bhl.�fh�.✓ Lily 6J1� � y�� il &+-b P"YX C ti At. 440 • rt �( M f 4 ,2d e9,vo C CA X 4 -Q-1-k 66 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the 1a, Quinta Cultural Arts Commission. it/pr✓� What specific issues or problems face the La Quinta Cultural Arts,Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-49'6 CALLE TAMPICO LA. QUINTA, CA 92253. THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 15 167 ATTACHMENT 1 e ANDREA C. SPIRTOS 53-415 Avenida Obregon La Quints, CA 92253-3438 Telephone: (760) 564-2100 Facsimile: (760) 564-1144 December 9, 2003 Mayor and Council Members City of La Quinta 78496 Calle Tampico La Quints, CA 92253 Re: Cultural Arts Commission Letter of Interest In 1993, when I first moved to La Quinta from Pacific Palisades and Washington, D. C., I applied for a position with the Cultural Arts Commission. My application was untimely, and correctly so. At the time, I was undergoing treatment for breast cancer. Last year, when a position opened again, I considered reapplying. However, I was involved in the care giving and eventual demise of my husband. It is my distinct pleasure to now tender my application and resume for your consideration as a Cultural Arts Commissioner. Art has long been a passion of mine as a collector, benefactor, muralist, ballerina with the Chicago Ballet Company, author, and poet. Through my educational and life experiences, I have witnessed the beauty in the eyes of our youth as we open them to a world of color, movement, words, and drama In the words of Johann Wolgang von Goethe, "One ought, every day, to hear a song, read a fine poem, and, if possible, to speak a few reasonable words." This is one of the many facets for which the City of La Quinta is Imown as the "Gem of the Desert." It would be my honor to give to the community that has so embraced me, through service as a commissioner. Thank you for your consideration. Sincerely, -- NoRE.-WOU.� 16 163 Date: 1; 2 D CITY OF LA QUINTA 2003 DEC -9 PM 12: 08 APPLICATION TO SERVE CITY OF LA OUIPT ON CITYGl ERK'& d ICI. LA QUINTA CULTURAL ARTS COMMISSION NAME: Andrea C. SRirtos HOME ADDRESS: 53-415 Avenida Obragon, La Quinta TELEPHONE: (HOME) (760) 564-2100 BUSINESS 760) 564-2500 EMAIL: RydnHd1 @aol.com FAX: (760) 564-1144 BUSINESS ADDRESS 50855 Washington St., Ste 211, La Quinta IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Martin C. Brehl, Jr., APLCj haw Clerk LENGTH OF RESIDENCE IN LAQUINTA: 10 years, 3 months HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yes. e Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Please see attached resume and letter of interest * Effective 12/26/03, my new last name will be Gassman. I -will be out of state from December 22 until January 4,marrying my high school sweetheart and honeymooning. 1GJ APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission.. ; It is..,understandina that the purpose of the Cultural Arts Commission is to support and encourage programs in the arts, ln.. all of its permutations, Including, but n6t".1imited to drama, music, dance, visual arts and literary arts and so advise city council with respect to their desire to develop. and enhance art-i s,fi-i n rroati vi ty in tha nommuni ty What specific issues or problems face the La Quinta Cultural.Arts Commission and do you have any suggestions to address those issues or problems? After attending several meetings and volunteerinf at Cultural Arts, Cnmmigsinn f inntinnc, T rrznngni7A that Some of ithsues or .problems the commission faces is that not all members are familiar with "Robert's Rules of Order" or city guidelines as established in the city charter and Brown Act. I believe I can be a voice of reason in this area. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? I have worked on the Kennedy Commission for the Performing Arts and have been a ballerina, artist, and author. My. -strengths include organizational skills and finding cost effective alternatives. I am a firm believer in volunteerism and giving to the community in which I live. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLS TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 18 1'i 0 ANDREA C. SPIRTOS 53-415 Avenida. Obregon La Quinta, CA 92253-3438 Telephone: (760) 564 2100 Facsimile: (760) 564-1144 EDUCATION: Ed.D, abd Pepperdine Umversity,1993 Institutional Managemeot/Department of l&kica ion and Psychology J.D. Loyola Law School and Law Office Study, 2W2 MA University of Iowa,1974 Guidance Counseling0epartment of Education and Psychology BA University of Dubugue,1973 Psychology Education AWARDS AND RECOGNITION: Great Minds of the 213' Century, 2001 Who's Who in the World, 2000. Woman of the Year,1997 Medallion of Recognition,1993 Distinguished World Leaders,1991-1992 Presidential Legion of Merit,1992 Presidential Ot&r of Merit 1991 PUBLICATIONS: "Charity Check," 1997 `Not In My Wildest Dreams," 1994 "International Platform Association Poetry Anthology," 1992,1993,1994,1995 -Cwting Edge Technologies in Community Colleges," 1988 -1- EMPLOYMENT: Law Clerk Care Giver Office MangedLegal Assistant Account Representative Vice President Development Director Co -Founder President Director of Youth Services Director: Donor Services Shelter Services Youth Consultant Developed YDAT Counselor Developed VITA Counselor/Teacher Martin C.. Brhel, Jr., APLC, 2002- preyed . 2000-2002 LAW Office of Nicholas G. Spirtos 1982 2002 Metropolitan Life 1996-1997 Compensation Strategies 1988 Junipero Serra High School 1987-1988 Pacific MS Research Foundation 1982-1997 C.O.S.T. 1982 American Heart Association 1980-1982 United Way 1979-1980 American Red Cross 1977-1979 UCLA 1974-1977 Kennedy High School 1973-1974 CREDENTIALS AND LICENSES: California LifelHealth Insurance License,1996 Notary, California,1995-present California Rape Crises Counselor,1995 California Pupil Personnel Services California Teaching, grades 9 through 14 Lifetime Teaching, Illinois, Iowa, Wisconsin, grades 9 through 14 PROFESSIONAL ORGANI7ATIONS: ACLU,1996-present Amnesty Internationa1,19891resent International Platform Association, 1990-2002,.Governor,1994-2002 National League of American Pen Women,1996-present World Future Society, 2002 present World Wild Life Association, 1988-present HOBBIES: Muralist, Painting, Knitting, Running, Weight Lifting, Roller Blading, Cooking -2- 20 ATTACHMENT 2a WNW Date: A. 30. D 3 2003 DEC 3 0 AM 11: 4 3 CITY OF LA QUINTA VIT' C ERI Q�I APPLICATION TO SERVE I ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Ed `%ode HOME ADDRESS: 7 9-qf of.-.r4d j., 01w.,x-4 to e A_ 9 3z i s Cc�! TELEPHONE: (HOME) -7 CO. S 4 `I 4 711 A&I.0344 EMAIL: FoQNft"¢y no bc. 0-4. f 6M. FAX: GOX4cf. G1 44 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD .Ufa LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Al 0 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 9" e 1 OAS 07. gu" n 9.4 f t y b .. /117A �v ao ee .¢.�.�,.�.�. E�!/!er/...�D-c✓ t��r/iars�nr�✓f C i��str-�.u-�i Fi r.l.c✓.d 4 4w.. V/ ec� C / ✓r G . myyewo..1 _ �Cgegji�t �iic ` f✓i�F wjd &IV WX 1K.•.. ` • �'11�6ch • .fie cl�L �� a� �•�'� �.� • �- 02 ��•. APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address..those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the -La Quinta Community Services Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT on 174 4.4 ; ATTACHMENT 2b . -- 100 2003.DEC 19 PM 12: 09 CITY OF LA QUINTA CITY OF LA ©dl � APPLICATION TO SERVE SIT Y" CLER , S O I ON LA QUINTA COMMUNITY SERVICES COMMISSION TELEPHONE: (HOME r BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: G� HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? _ Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. ,I M4 it: - Z2, �/ l AeI ,W ram% lG/.b�i✓l�� O,� oN 7'�Y APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. I/ �r i , i _ �ia'i _ -'3 f . 99i . What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commissioag, PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 4 1176 ATTACHMENT 2c Date: a 2003 EC 18 PM 4" 09 CITY OF LA QUINTA MY of LA.0111 : APPLICATION TO SERVE SIT Y CLERK � 0 1 " ON LA QUINTA COMMUNITY SERVICES -COMMISSION NAME: �V1 K HOME ADDRESS: 4 S' Ole f, TELEPHONE: (HOME) 9%ft 3 6 cl BUSINESS: Pu I ' EMAIL: FAX: BUSINESS ADDRESS 7 7 S 6 4- 'A f e o v n f sea, C l V�7 02 D 9 g IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(dYOU HOLD ae LENGTH .OF RESIDENCE IN LA QUINTA 3 iQ S HAVE YOU EVER ATTENDED A MEETING. OF THIS COMMISSION? /Y Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 25 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Com,Ission ll C G 4W ('(9 V. pq e 4 e r! /!'1L9 el e 146(ie me What specific'issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? 9 A_ •� c r� What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? ro lip PLEASE RETURN THIS APPLICATION TO: CITY CLERK P.-..O. BOAC 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 1'7 8 ATTACHMENT 2d Date: 12 • I L - 03 201D DEC 17 _ AM II.: 44 CITY OF LA QUINTA ctTY OF LA OU�NT APPLICATION TO SERVE C1 v GLEI K•S ��I~t E. ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: ~ L- / Ztier/'i 6 � dcoys- �jz• Lqivi� gZLJ�fHOME ADDRESS: �'V TELEPHONE: (HOME)76 0 -, U y YY L 7 BUSINESS: 76 0- r Y 17d.0 EMAIL: 6WI- .f Q,r Q 4104 Cak. FAX: 76d f 6 K• oe66 7 Pi2t��6�' /�Tu�a f iT7�� l4DjJ•t /f1' BUSINESS ADDRESS IF EMPLOYED, LIST YOUR ECM—PLOYER AND POSITION(S) YOU HOLD ——.1,/�''�G�O LENGTH OF RESIDENCE IN LA QUINTA: rho HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Ad Biographical sketch, Including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Af,` lff7f0el6V 1,-)OC40W6X11 — f.27 179 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE" 2, Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. " What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the "La Quinta Community Services Commission? " yT2.4 � 67mi ► - ILZ-S f o,�Tl'�l/1j �TL o'•t/ L i � C'o,tJFiDox/C�� IA/ 10y .�; •T�a� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 150 BOB LEIDNER 56498 Palms Drive La Quinta, CA 92253 760 564-4427 December 12, 2003 Dear City Council, Thank you for this opportunity to apply for an appointment to the La Quinta Community Services Commission. During this brief letter, I hope to express why I would be a good candidate for the appointment. Although a long time visitor to La Quinta and the Coachella Valley, it was only within the past few months that my wife, Sue, and I became residents. It had always been my dream, upon retirement from the corporate world, to live in an area like La Quinta, open a small consulting practice, and to be able to become active in local goverment and civic concerns. On August 30, 2003 I retired as President/Chief Financial Officer of Regency Lighting after twenty-one years of service. Under my leadership, Regency Lighting was taken --u � asmali lighting distributorb- m van ysto ane i�ecogiuz" leaders in___--_---------------.. the industry with five locations situated across the United States. In addition, with my financial knowledge and proven ability to find solutions to the daily problems that businesses face today, Regency Lighting had twenty-one consecutive years of growth and profitability during my tenure. Although my position at Regency Lighting was extremely time -intensive, I did find time to get involved with a number of organizations, mostly industry -related. I have attached a list of industry and civic affiliates for your review. My experience and approach, both as a businessman and as a volunteer, have been based upon the same principles. In order to make the proper recommendations, I believe you must: • understand the ultimate goals • envision the rewards of accomplishing them 9 realize the consequences of not achieving the goals • acknowledge the possible obstacles .• recommend the possible solutions Lastly, your recommendations must be made with a high degree of integrity and must be in the best interest of those you are serving. If selected to the Commission, I am confident that my solution -based management background and my desire to be an active participant in La Quinta's future will make me a valuable addition. Thankk�you r yo consideration. Bob Leidner 29 131 Bob Leidner Civic & Board Affiliations • Member— D>Si&uWr C=xl — PhNfs Lighting — Somerset, NJ • Member —Advisory Board—Cgfty aResWurwtAsso"m • Memb —,NadmW Boars of Diwiors -Assoc--Am of ProhmiorW Enema, Managm ( • Men*w.AdWsMCourcl—RacfttL-vWMwwfackm • Chdrperson —IWs CoNege and Seminary Golf Tournament and Auction • .Certified -Green Ligtks ANy— En, UVT entai Protection Agency XPA) • Member— NACM - NadorW Assodadw of Credit Managers • Member— BOMA- BWWft Owners and Managers Aw=Mm • Member—AAGLA—AparbmtAssodationofGreaaerUnAngeles • Sponsor—VakyChristiarr A#*ftAssodation • Sponsor— Worid Vision ktmudorral • Sponsorand Vokwftw— Red wagon Society (The CtrNdrerr's HospU of Los Angeles) • Vok,rr w—wheels for fhe Worid(uwd wheeldwk coWcdw and � for cco BOB LEIDNER 56498 Palms Drive92253 La Quinta, CA Relevant Work Experience 03- Present - Best Practices Network, Inc. - President / CEO • Consulting practice specializing in the following; Or Business Planning and Strategic Thinking for small, to medium size companies o Classroom style training for companies and individuals on topics including: 0 Leadership ■ Management ------ ■ Sales ■ Executive Leadership o Classroom style training for teens (Americai s Rising Stars) on preparing for a leadership lifestyle 82-03 - Regency Lighting - President. / CFO • Built company from start-up to $43 million in annual sales • Designed all initial processes • Developed management team Took the company from local to statewide industry leader • Took the company from statewide to national leader Built network of 5 locations with structure prepared for additional locations • Responsible for oversight of all departments including wiles, service, distribution, purchasing, accounting, IT and HR. 80-82 - Jem y's Famous Deli - General Manager • Full charge manager for second highest volume restaurant in Los Angeles • Assisted in preparation for expansion of four additional locations 193 p.1 78-80 - Improving Tomorrow Today - Business and sales training and consulting - Owner/Partner/ Consultant Provided sales and motivational training programs (Nightingale - Conant, Tom Hopkins - Champions Unlimited) to. companies and individuals • Sold interest to partner after 24 months due to conflicts in management style and priorities. 76-78 - Continental Conservation Systems - VP Sales and Marketing Developed marketing strategies and a sales force of nine local representatives selling patented energy conservation products to -large industrial and commercial facilities' • Increased company sales volume by nearly 5001% in two years • Company dissolved after owner fled the US due to IRS problem 74-76 - Tram AC - Sales rep _- - tocui sales rep off= resic nti-lankcommercial air-conditioning systems • Exceeded quotas regularly • Was considering Sales Management position, but accepted VP position with Continental Conservation Systems 72-74 - Wil Wright's - Director of Operations • Was responsible for a ten restaurant chain and ice-cream manufacturing facility • Primary achievement was to turn around annual losses in excess of $2 million to a projected loss of $500,000 in two years. This enabled the owner (International Industries) to sell the company in 1974. The new owner, a private investor closed the company several months later. Education, 69-74 - San Fernando Valley State College - Business Administration 80-01- UCLA - took various classes to expand and update my business knowledge ,-)0 194'. T41T 4 4Qum1w AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 20, 2004 CONSENT CALENDAR: ITEM TITLE: Consideration of an Art Purchase Agreement with Bill Ware for Embassy Suites RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: On January 6, 2004, the City Council approved the concept for the Embassy Suites art piece proposal, requesting $67,169. This is the amount that the Embassy Suites project has contributed to the Art in Public Places fund. Therefore, this project may be funded through Art in Public Places in the amount of $67,169. 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. The proposal is for two contemporary, three-dimensional horses constructed of aluminum, at a cost of $67,169. The proposed aluminum 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 recommended this piece be funded as proposed. The City Council considered this proposal at the January 6, 2004 City Council meeting and asked whether a bright material would create a glare situation, what type of footings would be used to secure the sculpture, and whether this art piece would be complemented by the approved landscape plan for the project. Staff has contacted Mr. Ware and asked for clarification on these three issues. Mr. Ware will be present at the January 20 City Council meeting to answer these questions and any additional questions the City Council may have at that time. Attachment 1 provides an Art Purchase Agreement (Agreement) for the Embassy Suites art piece and addresses the three questions from the January 6, 2004 City Council meeting. However, should the City Council direct specific changes be made to the art piece at the January 20, 2004 City Council meeting, these changes can be incorporated into the Art Purchase Agreement prior to finalization. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Art Purchase Agreement with Bill Ware for the Embassy Suites art piece; or 2. Do not approve the Art Purchase Agreement with Bill Ware for the Embassy Suites art piece; or 3. Provide staff with alternate direction. Resl*ctfully OL'Or Horvitz, ity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment 1: Art Purchase Agreement for Embassy Suites Art Piece 2 18G ATTACHMENT 1 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this 20' day of January 2004, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and Bill Ware, an individual (Artist). RECITALS A. A Developer is currently constructing the Embassy Suites on the northeast corner of Calle Tampico and Desert Club Drive. To meet the requirements for artwork pursuant to Chapter 2.65 of the City Municipal Code, the City Council is commissioning the fabrication and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the artist at the SITE LOCATION which is the terminus of the Calle Tampico and Desert Club Drive (the "Site Location"). NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, any required approvals for all shop drawings, details, and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate, transport and install the Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City monthly progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services, materials, and all utilities and transportation, including power, fuel, and water, and to perform all work necessary to construct, transport and install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the Site Location. It is understood and agreed that all said plant, labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City or its representatives. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 1 of 19 - 18i The Artist shall present to the City in writing for further review and approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or Site Location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain proper facilities and provide safe access for inspection of the Artwork by the City, its engineer or representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the respective departments or official bodies when the artist's work is ready for inspection and the artist agrees, at once, do all work required to remove any violations or to comply with such inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. In addition to the change orders and extra work specified and provided for in the Scope of Design Build Services (Exhibit A), the City may at any time during the progress of the completion and installation of the Artwork and up to the date of the issuance of a Notice of Completion as hereinafter defined, when in the City's reasonable determination the public interest and necessity so require, request any alterations, deviations, additions to or omissions from this Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be furnished there under, and the same shall in no way affect or make void this Agreement. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City and Artist before commencement of said revised work. 1.4 Post -Fabrication Services. a. The Artist shall notify the City in writing when fabrication of the Artwork is completed and ready for delivery and installation at the Site Location, which is designated in Exhibit E, attached hereto and incorporated herein by reference. b. Upon completion and at all times during fabrication and installation, the Artwork shall comply with all applicable statutes, ordinances and regulations of any governmental agency having jurisdiction over the Artwork. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 2 of f 8 8 A 1.5 Post -Installation. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall use reasonable efforts to arrange for publicity for the completed Artwork by local media and publications, and otherwise as may be determined between the City and Artist as soon as practicable following installation. C. Upon installation of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.6 Final Acceptance. a. The Artist shall advise the City in writing that the Artwork will become the responsibility of the City on the effective date of completion of the project and the acceptance as complete by the City. Following receipt of such notice the City shall cause the installed Artwork to be inspected by suitably qualified and appropriate professional(s), and within five (5) days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections to the installed Artwork or notify the artist of its acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the ownership of the Artwork will occur at the filing of the Notice of Completion. At that time, the ownership and responsibility for the Artwork will rest with the City of La Quinta. 1.7 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain the Artwork until the Notice of Completion is made by the City. 1.8 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during fabrication and installation, and shall pass and vest with the City upon issuance of Final Acceptance or Termination pursuant to Article IX hereof. 1.9 Payment: The artist shall be paid the compensation set forth in Exhibit C. The total compensation to be paid to the Artist shall not exceed $67,169 (sixty seven thousand, one hundred sixty nine dollars). 5 Page 3 of 19 ISO C•\('nmmnnity Cnr.A-0 A rt T. PnhHr Plovnc\ A nrnamnntc\ Art Pnreho A nr—pnt Pmhocc., Cnitac jinn ARTICLE II. TIME OF PERFORMANCE 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. In the event Artist at the time refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of materials of proper quality, or in effect be adjudicated bankrupt, or files a voluntary petition in bankruptcy, or commits any act of insolvency, or makes an assignment, for benefit or creditors, without the City's prior written consent, or fails to make prompt payment to his material men and laborers, or fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to enter upon the Artist's warehouse and take possession, for the purpose of completing the work included under this Agreement, of the Artwork or any portion thereof, and all materials, tools, and appliances thereon, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in (1) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this Agreement exceeds the expenses incurred by the City in providing labor and materials and/or in finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good such deficiencies, it may deduct the cost thereof from the payment then or thereafter - due Artist. In addition to specific provisions of Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, 130 6 S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 4 of 19 insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and. warrants, except as otherwise disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a workmanlike manner; (b) the Artwork, as fabricated and following installation, will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in this Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Artwork). ARTICLE IV. PERFORMANCE BONDS S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 5 of 19 191 The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to the Artwork by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et sea., and all other rights in and to the Artwork except ownership and possession, except as such rights are limited by this Agreement. In view of the intention that the Artwork in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, dimensional reproductions of the final artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City provided, however, that at such time as Final Acceptance by the City, the City alone may grant such approval. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Artwork for noncommercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications, provided that these rights are exercised in a tasteful and professional manner. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location, provided that United States copyright law protects the Artwork and reasonable substantiation thereof is provided to the City. 5.3 Registration. The Artist may at its expense cause to be registered, with the United States Register of Copyrights, a copyright in the Artwork in the Artist's name. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a plaque identifying the Artist, the title of the Artwork and the year of completion, and shall reasonably maintain such notice in good repair against the ravages of time, vandalism and the elements. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. To the extent practical, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. No fees shall be paid to Artist for repair or restoration due to a breach of the representations and warranties set forth herein. 1 9 Page 6 of 19 c•Wn.o.,.nn:r., a �r r., n..tir.,, pl.\ a a �r T), . h... a arAA..,,.or F..,1-- c..:ruv d— b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance and Alteration of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. All decisions regarding alterations to the Artwork are within the sole and absolute discretion of the City. b. The City shall use its reasonable efforts to meet and consult with Artist prior to the time of making any alteration. If any alteration is made without the consent of Artist, Artist shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A, to the extent such rights and protection are inconsistent with this Section 6.4; provided, however, that to the extent that the rights and protection afforded Artist under Section 987 of the California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not dealt with in this Section 6.4, Artist shall retain such rights and protection. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. 6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's covenants do attach and run with the Artwork and shall be binding to and until twenty (20) years after the death of the Artist unless otherwise stated herein. Upon the death of the Artist, the representative of Artist's estate shall assume the surviving covenants and obligations of Artist set forth in this Article VI. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venturer, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; 9 Page 7 of 19 1 J 3 S:\Community Services\Art in Puhlic Places\Aereements\Art Purchase Agreement Emhassv Suites..doc b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. has status as the City's employee or has any right to any benefits that the City grants to its employees. ARTICLE VIII. ASSIGNMENT OR TRANSFER No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties, provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. ARTICLE IX. TERMINATION The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination". Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the City. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CONTRACTOR ADMINISTRATOR The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 8 of 19 19410 This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XIII. MODIFICATION No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek specific performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in an appropriate Riverside County municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES 195 Page 9 of 19 ^; C•1(`nmmnnity Q.-A—N Art 1n Anhlir T)I.,—\ A nrs P—t.\ Art Pnrrh—p A nr --t Fmh—', Cnitp. A., All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: a. if to the City, to: City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Attention: Community Services Director 760-777-7032 b. if to the Artist, to: Bill Ware 73-891 Masson Street Palm Desert, CA 92260 760-340-5024 ARTICLE XVIII. INDEMNITY With respect to acts, errors or omissions in the performance of Artist's obligations hereunder, Artist agrees to indemnify and hold harmless the City and its officers, agents, employees, and representatives from and against any and all claims, demands, defense costs, liability or consequential damage of any kind or nature arising out of Artist's (including either of their subcontractors, agents, employees, assigns or licensees) negligent and/or willful acts, errors or omissions in the performance of Artist's obligations under this Agreement. With respect to acts, errors or omissions in the performance of the City's obligations hereunder, the City agrees to indemnify and hold harmless Artist from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising out of the City's (including its contractors') negligent and/or willful acts, errors or omissions in the performance of the City's obligations under this Agreement. The foregoing indemnities shall be in effect without regard to the maintenance of insurance coverage for any such loss, costs, claims, damages or expenses. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout fabrication of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single' �y^ Page 10 of 11 Q• V'nmm,mit., Q..r.A-0 A rt Tn P.,hT-0r 131 r ,\ A nr..am....tc\ A rt Thh,rrh—, A rtrna t RmT.occ,, Quite Anr limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. Artist, prior to completion, shall maintain or cause to be maintained standard all- risk property insurance in an amount equal to or greater than the full replacement value of the Artwork. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under contract with the City of La Quinta. " Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option, terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies the City may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agents' contractors' or subcontractors', performance of the work covered under this Agreement. ARTICLE XX. GENERAL 19, 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal r .+ Page 11 of 19 t.` C•\('ntmm—iti, CAr.,irPc\Art In Unhlio Alo—vkAn—p—tc\Art A,rrh— Aar—pnt Rmhoccv Cnit— fin, shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL", and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 The City shall give any subsequent owner of the Artwork written notice of the covenants contained herein, and shall cause each such successive owner to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation THOMAS P. GENOVESE, City Manager City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California 193 Page 12 of 19 014 cnrnm—n;t,. Qnr A—v\ Art in Pnhlir 131— \ A arno—ftk A rt %—h— A —..—t F.nh--, 6 ;tnc 4— APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 13 of 19 199 �`15 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK 1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. 2. Artist is responsible for submitting all required documents relating to the Artwork design to appropriate government agencies so that building plan check and all required permits may be obtained in a timely manner. 3. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the City due to Artist's negligence or failure to keep the City informed of scope variances in a timely manner shall be charged to the Artist. 4. Artist shall complete the design in sufficient scale and detail as required by the City and governmental authorities for approval. The design documents shall bear the stamp of a professional Mechanical, Structural and/or Electrical Engineer(s) licensed in the State of California deemed necessary. 5. Artist's design and specifications shall be subject to approval by the City and its consultants. H. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: 1. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. 2. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. 3. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc r� 2 Page 14 of 19 U q 61 4. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the Artwork. 5. Artist shall provide all drilling, coring, cutting, fastening, and welding required for the Artwork. 6. Artist shall provide all speciality lighting required to complete the artwork. 7. Artist shall supply all landscaping required to complete the Artwork. III. SPECIFIC ITEMS OF INCLUSION 1. The Artwork consists of: Two contemporary, three dimensional horses (large female and small foal) constructed of a brushed aluminum per City Council direction to be located on the corner of Calle Tampico and Desert Club. Artwork is to be integrated into the approved landscape plan for the project, not to be obscured by vegetation or signage. � r� S:Tommunity Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 15 of 19 ,y) 1 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The project will take approximately 180 days to complete the fabrication of the Artwork. Work will commence during the month of February 2004 and completed, installed and functioning by September 2004. REVIEWS: There may be one review by the Cultural Arts Commission of the work in progress if the Commission deems it necessary . The project may be reviewed by the City Council as deemed appropriate. S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 16 of 19 1 ' � i EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Basic Contract: Total Not to Exceed SCHEDULE OF PAYMENTS: First payment due upon approval of Art Purchase Agreement Second payment due upon completion of Fifty percent of the work Third payment due upon installation of work Final payment due upon filing Notice of Completion $67,169 $67,169 $20,000 $15,723 $15,723 $15,723 i-, 3 v S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 17 of 19 �d t vvnjlAAMW ARTARE P bmw & Fax: 760-340-504 Coll: 7W432,4W Email: JAN• 7, 4004F 4OW PAME art smahmIsMI-0s mod' Z&&AFW6 P-WOMA T f/z JAY ?b CAMPL ttaN a Asn! t om PL WrIPAI ON t MIK *ORbVihL 7.2 A ram. IAMAt Pb"ow -A,v,r yw L? 0 i 0 IO' d vZ05 Ov£ 09L M-AWM VZO s OI VO-80-UeV EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: WHEREAS, by that certain Art Purchase Agreement dated January 20, 2004 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Bill Ware (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows: 1. As provided in the Agreement, the City does hereby certify that the fabrication and installation of the Artwork has been fully performed and completed. Any executory obligations pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of , 2003. CITY OF LA QUINTA, a California municipal corporation by: S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 18 of 19 EXHIBIT E SITE LOCATION MAP S:\Community Services\Art In Public Places\Agreements\Art Purchase Agreement Embassy Suites..doc Page 19 of 19 k-i William Ware -Artist 73891 Masson Street Palm Desert, CA 92260 Phone & Fax: 760-340-5024 Email: WilliainWare22gwaol.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, //"'� "kll- 'William Ware N �23 /20� t J :f ltl ' A i ' I : x LLi $ .3 I-u fb o':IldWl .-nvo ..•J ♦nnr ni►� •inn a��o.•nif n 02 17, AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIURDA MEETING DATE: January 20, 2004 CONSENT CALENDAR: ITEM TITLE: Consideration of Participation in the STUDY SESSION: Bighorn Institute Art Piece Program PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Bighorn Institute ("Institute") formed a committee that initiated "Path of the Bighorn" to raise awareness and celebrate the animal's beauty through public art. It commissioned sculptor Joe Wertheimer to create a life-size model of a male bighorn ram that stands 71 inches. Artists have been painting replicas since the project's February 2003 launch, according to information provided by the Institute (Attachment 1). The painted bighorn sheep sculptures are located throughout the Coachella Valley, as shown on Attachment 2. The City of La Quinta has been asked to display one of the painted bighorn sheep sculptures either indoors or out from the end of January or early February until November or December, when the Institute will auction the sculptures as part of a fundraising event. The Institute has many sculptures that have been painted and are in need of a display location. 4n �0.1 At this time, it is anticipated the Institute will select a sculpture for the City's location if the City chooses to participate. There will be no cost to the City for installation or removal of the sculpture. If the sculpture is located outdoors, it is filled with sand to add weight to discourage theft. The art piece is covered by liability insurance provided the Institute. Should the piece be damaged or stolen while displayed in the City, the Institute would handle all claims. The bighorn sheep is sculpted of a fiberglass material and is approximately 48 inches long, 71 inches tall at it's tallest, and 24 inches wide. A footing is not required to secure the sculpture to the location. Possible outdoor locations could include the Civic Center Campus, Senior Center, City Hall or the La Quinta Park. Possible indoor locations could include the Senior Center and City Hall. Should the City wish to participate in this program, the location will be listed on the next printing of the supplement to the Location List. An actual printing date is not known as of this report. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize participation in the Bighorn Institute Art Piece program and select a location to display the art piece; or 2. . Do not authorize participation in the Bighorn Institute Art Piece program; or 3. Provide staff with alternative direction. ly fpubmitted, r yur v2 ie Horvitf,-tNmmunity Services Director Approved for submission by:2., e.,01:1 Thomas P. Genovese, City Manager Attachments: 1. "Painting a Legacy" Information 2. Path of the Bighorn Location List 113 ATTACHMENT 1 owed it U� t ..Y eneration comes an idea that defines a commumCy's sde alley, came Path of the Bighorn, a public art project feafriYa orn sheep. sheep that roamed the valley's magnificent mountain fo .1 ` d name depicted and emblazoned on busines"e'e11 l j afo i ciao. However, the species has been slipp41 arm_c Path `':Aft d a comrrnttee that tnratd ofi, pu�c �neci 'that inches, atscs+ yat�ptuxes on public displaw , Spnngs�Y+ promoting local toutn on es have ouxd the ro ect b nerousl pe - J p j Y fir decorate bighorn sheepc>tipres. They gave the�rxpe9 mpany the photos of their sculpr inthe pages that follovt yVbrks by celebrity artistsandtheothersculptures will populate she commurury and tie aucapine :to raise money for Bighorn InSat4ite's preservation efforts, and to lielp buddortsef ti r building at its Palm Desert headquarters. The institute will also ea;inartc mohey5wi1n3S�4 '. emphasizing responsibly errvyrotmental stewardship to local schoalchi7dreu� - zar� g�X�e're deeply grateful to eaoh-artist who captured the beauty and digmty`ofia p , sleep We also thank Palm"Springs,life £or showcasing the participants in itsr�strgitsa�rtre : small number of the Due tohimitedspace, only a artists' works a}il2eargwirel, tie impressive variety of designs serves as a convincing testament to the partrfipants'reatrve spirit. We hope you will use the locator map to guide you along the path" a£sculpxr> es ,-Welcome to Path of the Bighorn! —Lydia Kremer <i � Ir�111 r Path of the Bighorn' J Gi ❑ ❑ ❑ eN ❑ =aV pit 19LF ❑ E ❑ I Sign wi � f 8 g E v i g ills OF. fir_,^ _� �z S .i 3 a. �a cnal twili �° o _ El Q I 11911ill TOM ADM if o ifF. fir ❑ ❑ ❑ it �� Rx� ��se say fill' A f� o- Sao wl �Q Egg o- fi o-'� �� a Rif _ ❑ o ill g$ i"1 6 Zia x2t L ❑ ❑ ❑ CD❑ ❑ ioF ME u 7v t .- E, 7- — o ff 0 0 jIuR _$mll _ _ _ i �a�� IT g rn HIR 3 ti N �1J Jae ..- N At i i F r g o fcoo FT. k*6 Ito . mb o •4 m or, A 4/ l� ayou by *�] ❑y �ty�� Z S p � 8 2 cg ge— yq, o-L�J m Q h fit to t` l Q.cnrj� ❑ : Aga, r cp �pr d33i3 SS `n , ., a Ski a.85 C. .. , CDCD d O �nca ` RT r 5 b�. 4ti �1•'. :. , k, y r Q oCD d,cn 70 Ch off, El , W A r ❑Qr, M 41, h� fi Cn rX iti14 c'7` r it Jrj EL t I 90 * •' ', �; i cp °°�" ii }($��gj /fir .y 5 rM 1 _ CD ell VJ 3' @ ['1 iIf . ` y r )•i �� J F �4 ,"'u�G. GS RL CL �❑ = ':. pp 41 o�� 1 '` E El -a 3 Ar �` n El ij 00 '" `" '.�y a � �:'. � �' � � `J•-r � Qe� y�' � 4 � ( ': t73 � ��' �; �' � ,�Q� r '.• pal -0 � � r ,;� m �.�:a �� *"` O •'`�•, ',2S �"I �'' w 5�f,�1 lC7D �;[g!�r' 71cu'..,'` � ::: �i �'7 y BUSINESS SESSION ITEM: 4 ORDINANCE NO. 398 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'd day of December, 2003, hold a duly -noticed Public Hearing to consider a recommendation on Zone Change 2003-117; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend to the City Council approval of Zone Change 2003-117; 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- 117; 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 2003-117: 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. 221 Ordinance No. 398 Zone Change 2003-117 Watermark VIRas / Robert Selan Adopted: January 20, 2004 Page 2 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 2003-117 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 2003-110 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. 00r) 1.. 0.4., Ordinance No. 398 Zone Change 2003-117 Watennark Was / Robert Seian Adopted: January 20, 2004 Page 3 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 20th 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 (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 243 133Ui NOSU3=]:J3r 4�. W I .. I Mr ,# rs REPORT/INFORMATIONAL ITEM: T-v4t °F 4Q" CULTURAL ARTS COMMISSION MINUTES December 11, 2003 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Elaine Reynolds MEMBERS ABSENT: Commissioner Linda Young, excused absence STAFF PRESENT: Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary II. PUBLIC COMMENT La Quinta resident Tom McGraw commented that if the Commission is considering art works to be purchased by public funds designated for the City's Art in Public Places program, they should allow other artists to also propose on these projects. He stated he had no objection to Mr. Ware's art, but believes all artists should be allowed to compete for public funds. After discussion of the City's proposal process, Commissioner Reynolds asked staff to comment on provisions of the Art in Public Places program. Director Horvitz clarified that the Art in Public Places funds were meant to beautify the entire community. Developers are currently choosing artists for their projects in advance, and funds for general art pieces are very limited. Staff will check on the legality of the current process, and report back to the Commission at the January meeting. Commissioner Brodsky questioned Mr. McGraw's interest in the process, and stated that in his opinion developers have the right to use an artist of their own choosing for their projects. 1225 Cultural Arts Commission Meeting December 12, 2003 Minutes Page 2. III. PUBLIC HEARING -NONE VI. BUSINESS ITEMS (this item was taken out of order) A. Art Piece for Embassy Suites Artist Bill Ware presented a proposal for artwork at Santa Rosa Plaza, located on the future Embassy Suites site on Calle Tampico. The artwork proposed is a sculpture of two three-dimensional horses made of brushed aluminum with a gun metal patina. Mr. Ware showed samples of the aluminum to be used, and demonstrated the thickness of the proposed sculpture. Commissioners discussed the placement and the height of the sculptures. Commissioner Brodsky apologized to Mr. Ware for the position he was put in at tonight's meeting and thanked him for his professionalism. It was moved by Commissioners Reynolds/Brodsky to forward the proposal to the City Council for consideration. Unanimous. Mr. Ware commented further that he recommended that local artists be consulted before projects are proposed for the City to keep the artist community informed of City developments. IV. CONSENT CALENDAR (this item was taken out of order) 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 Brodsky/Reynolds to approve the Consent Calendar as submitted. Unanimous. VI. BUSINESS ITEMS (this item was taken out of order) B. Artist File Organization Chairperson Loudon asked Commissioners for assistance to complete the task of organizing the artist files in the Community Services Department. This project will resume in January. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Update on Public Officers Sculpture SACommunity Services\CAC\CACMIN.12.11.03.doc Cultural Arts Commission Meeting December 12, 2003 Minutes Page 3. Director Horvitz informed Commissioners that the City Council, at their meeting of December 2, 2003, directed staff to re -issue a Request for Proposals to gain additional proposals for sculpture to honor both peace officers and firefighters. The RFPs have been sent out and this item will come back to the Commission when proposals have been received. Deadline for proposal submittals is Friday, January 16, 2004. B. Update on Clock Tower Project Director Horvitz reported that the City Council, at their meeting of December 2, 2003, tabled this project until the completion of the Civic Center Campus, including the library. C. Update on Bridge Railings Director Horvitz informed Commissioners that the City Council, at their meeting of December 2, 2003 directed that the Washington Street bridge would receive decorative bridge railings north of Highway 111 to match the railings on the bridge south of Highway 111. Railings for the Jefferson Street Bridge will be considered by Council at a future meeting. VIII. COMMISSIONER ITEMS Commissioner Reynolds distributed flyers and informed Commissioners that some members of the La Quinta Arts Association are participating in weekend art shows at the polo grounds in Indio and invited all to attend. She also suggested that ideas for a spring 2004 event be discussed at the January Commission meeting. XI. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:00 PM. NEXT MEETING INFORMATION: Thursday, January 8, 2004 La Quinta Civic Center Study Session Room Submitted by: Hally Savio Community Services Secretary SACommunity Services\CAC\CACMIN.12.11.03.doc 2'^ 73 REPORT/INFORMATIONAL ITEM: --&- T4ht °f a tP Q" COMMUNITY SERVICES COMMISSION MINUTES December 8, 2003 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the City Council Chambers of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Calhoun led the Pledge of Allegiance. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: PUBLIC COMMENT None Commissioner Victoria St. Johns Commissioner Gary Calhoun Commissioner Mike Cross Commissioner Deborah Bechard Dodie Horvitz, Community Services Director Hally Savio, Community Services Secretary CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the September 8, 2003 Minutes B. Monthly Department Report for September and October 2003 Since only two of the current Commissioners attended the October 13' meeting, Staff suggested that Consent Calendar Item A: Minutes of October 13 be forwarded to City Council unapproved. It was moved by Commissioners Cross/Calhoun to approve Consent Calendar Item B: Department Report for September and October. Unanimous. V. PUBLIC HEARING 228 Community Services Commission December 8, 2003 Minutes Page 2 VI. BUSINESS ITEMS A. Montezuma Park Amenities Director Horvitz provided background information on the recently purchased 19-acre parcel of land zoned as open space located west of Montezuma Avenue, between Ensenada and Chillion which currently has the identifying title of "Montezuma Park". Park naming forms were made available to solicit possible names for the property to be submitted to the City Council for consideration. The following La Quinta residents commented in favor of keeping the Montezuma Park site in its natural state: Kay Wolff, Mercedes Courterz, Eugene Caswell, Katie Barrows, Joe Broido, Fred Wilson and Donald Hahn. In addition, staff received two email letters in favor of keeping the area as it is from Carolyn and Dennis Schue and Gayle and John Lindfield. Residents also discussed the need for more frequent police patrols in the area and the construction of a rock barrier to prevent vehicle access to the . area. Commissioner Calhoun thanked all citizens present for attending and for sharing their comments. He also expressed his appreciation to Council Member Stanley Sniff for taking the time to attend the meeting to hear the opinions of the residents. He also commented that he liked the idea of a barrier to vehicle traffic made of natural materials. He recommended that the parcel be left in its natural state and felt that any signage in the area should be minimal. In answer to his inquiry concerning a budget for this project, staff responded that Commissioner Cross commented that he agreed with Commissioner Calhoun and all the citizen comments regarding the parcel, and expressed his concern about non-native plantings in the area. Chairperson St. Johns commented that she was a resident of the area, and agrees with her neighbors about leaving the area in its natural state. She sought clarification from staff concerning City staff access to the area for maintenance. She also inquired about the idea for a conservancy for the area. Staff will obtain further information on the details of this issue. 0n3 2 Community Services Commission Minutes December 8, 2003 Pane 3 It was moved by Commissioners Calhoun/Cross to recommend that the parcel now known as Montezuma Park be kept in its natural state and have staff investigate the cost of adding boulders to prevent vehicle access, investigate the issue of minimum signage for the area and also investigate the conservancy issue and report back at a future meeting. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Interactive Water Feature Director Horvitz informed Commissioners that staff has met with David Voltz, designer of the interactive water feature for La Quinta Park. The plans for the feature will come back to the Community Services Commission at the January 2004 meeting. VII1. COMMISSIONER ITEMS Chairperson St. Johns thanked the public for their attendance and input regarding the park site. She also thanked Commissioner Calhoun and his wife for their wonderful job on "Santa" duties at the City's December 5th tree lighting ceremony. IX. ADJOURNMENT It was moved by Commissioners Calhoun/Cross to adjourn the Community Services Commission meeting at 7:40 PM. Unanimous. NEXT MEETING INFORMATION Monday, January 12, 2003 @7:00 PM La Quinta City Hall Study Session Room Submitted by: t�3� 9w, , Hally Savi '—orhmunity Services Secretary 2.30 REPORT/INFORMATIONAL ITEM: /rI MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 7, 2003 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:06 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Dennis Cunningham, and Bill Bobbitt. It was moved and seconded by Committee Members Bobbitt/Thoms to excuse Committee Member Cunningham. C. Staff present: Planning Manager Oscar Ord, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of November 5, 2003. There being no corrections, it was moved and seconded by Committee Members Bobbitt/Thoms to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Site Development Permits 2003-796; a request of Madison/PTM La Quinta, LLC for a review of architectural and landscaping plans for five prototypical residential plans for the property located on the west side of Washington Street, south of Highway 1 1 1. 1. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced. 231 Architecture and Landscaping Review Committee January 7, 2004 2. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thorns to adopt Minute Motion 2004-001 recommending approval of Site Development Permit 2003-796, as recommended by staff. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Cunningham to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on January 7, 2004. This meeting was adjourned at 10: a.m. on January 7, 2004. Respectfully submitted, L;� . SikY Executive Secretary G:\WPDOCS\ALRC\l2-7-03 WD.doc - - 2 REPORT/INFORMATIONAL ITEM: --f= — MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA . November 25, 2003 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Tyler to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, Principal Planner Fred Baker, Associate Planners Greg Trousdell and Martin Magaha, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of October 28, 2003. There being no corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as submitted. Unanimously approved. 2. Department Report: None. V. PUBLIC HEARINGS: A. Continued — Environmental Assessment 2003-484, Conditional Use Permit 2003-081, and Site Development Permit 2003-788; a request of ASL La Quinta Family Apartments, L.P. for Certification of a Mitigated Negative Declaration of environmental impact; review of development plans and bonus density allowances for a multiple story 192-unit affordable apartment complex on 10.1 1 acres with units ranging in size G:\WPDOCS\PC Minutes\11-25-03WD.doc 1 �.. w J Planning Commission Minutes November 25, 2003 from 708 square feet to 1,057 square feet and a 2,608 square foot one story recreation building for property located on the east side of Dune Palms Road and approximately 650 feet south of Highway 1 1 1. 1. Chairman Kirk informed everyone the item was being tabled. It was moved and seconded by Commissioners Abels/Daniels to table the project. Unanimously approved. B. Site Development Permits 2003-790 and Sign Program 2003-737; a request of Stamko Development Co. for consideration of: 1) development plans for two multi -use retail stores consisting of 10,980 and 11, 040 square fee; and 2) review of a sign program for Parcels 2, 7, 8, 9 and 10 plus the remainder building on Parcel 5, for the property located at the southeast corner of Highway 1 1 1 and La Quinta Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if the sign sizes were defined by the Specific Plan or the City's standards. Staff stated by the Specific Plan. Commissioner Tyler questioned Conditions #4 and #5 as being the same. Staff stated they would delete one. Commissioner Tyler asked that Condition #6 delete Coachella Valley Unified School District; Condition 19.A paragraph 4 refers to Condition #10. Staff stated it should be changed to Condition #15. Commissioner Tyler stated the sign program states a corner shop can have signage on three sides and he does not believe that is possible. Staff clarified the applicant was requesting to have three signs for the corner stores. Planning Manager Oscar Orci stated businesses could have a rear entrance which would allow an additional sign. Commissioner Tyler asked that the language be clarified to read to end shops. 3. Chairman Kirk asked if the sign program for the multi -tenant buildings would double the amount allowed by the Zoning Code. Staff stated that the maximum sign area could be doubled, but they will still need to meet the amount allowed for the total store lineal frontage. Chairman Kirk asked if the remainder Parcel 5 was 23 G:\WPDOCS\PC Minutes\11-25-03WD.doc 2 or_v Planning Commission Minutes November 25, 2003 next to the approved PetsMart. Staff stated yes. The size of the approved height for the Marshals and PetsMart sign is five feet. Chairman Kirk asked if signage was allowed on the end cap buildings. 4. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Chris Clarke, owner, reviewed the approved signs and asked for the deletion of the conditions that have already been completed. Conditions #4 and #5 can be combined; Condition #6 deleting reference to CVUSD; Condition #8 should be changed to reflect they are to pay $6,000 per acre for the developers fee; Condition #11 was approved under Site Development Permit 2002-728 and she does not understand why she is being required to do this if it is already done. Assistant City Engineer Steve Speer stated that Condition #10, #12, and #17 are being deleted. The right-of-way condition is standard. As a standard practice staff includes it, but it can be deleted if the Commission so desires. Staff clarified that Condition #8 should be modified to state the fees are based on the Specific Plan or $6,000 per acre. Ms. Clarke asked that condition #16 be deleted as she has finished constructing the improvements. Staff noted that easements are determined after the application is submitted. Staff indicated there may be some drainage issues and staff therefore, does not want the condition deleted. Ms. Clarke stated the requirements were completed under Site Development Permit 2002-728. She then questioned Condition #19. Staff stated that if the applicant has completed the requirements, she will not be required to do it again, but until a review of the site has been completed, staff cannot sign off on these conditions. Ms. Clarke expressed her frustration regarding the conditions as it allows the City the opportunity to require additional conditions on her when she has already completed the work. Chairman Kirk asked if verbiage could be added that if the conditions were approved under Site Development Permit 02-728, it would not be required again. She questioned condition #28. Staff stated again, that if the requirements are completed, they are not, going to ask for anything further. Ms. Clarke asked about Condition #31. Discussion followed regarding the conditions. G:\WPDOCS\PC Minutes\11-25-03WD.doc 3 Planning Commission Minutes November 25, 2003 5. Commissioner Quill asked that the same language be applied to all the conditions that if the condition was met under Site Development Permit 2002-728, it will not be required again. 6. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 7. Commissioner Tyler stated he too questions why conditions are added that are not needed. He suggested staff use a disclaimer on conditions of this nature in the future. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-091, recommending approval of Sign Program 2003-737, as amended: a. The Sign Program shall be amended to refer to the building end cap. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 9. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-092, recommending approval of Site Development Permit 2003-790, as amended. a. Conditions #4, 8, 10, 12, 15, 17: Deleted. b. Condition #6: The school district shall be changed to Desert Sands Unified School District C. Condition #16, 28 and #31: A disclaimer shall be added that if the applicant has satisfied the condition under Site Development Permit 2002-728, shall not be required again. d. Condition #19; refers only to the internal circulation. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G:\WPDOCS\PC Minutes\11-25-03WD.doc 4 Planning Commission Minutes November 25, 2003 C. Site Development Permits 2003-789 and Conditional Use Permit 2003- 082; a request of Stamko Development Co. for consideration of development plans for a 5,909 square foot automotive repair and retail facility located on the southeast corner of Highway 1 1 1 and La Quinta Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked staff to clarify the location referred to by the Architecture and Landscaping Review Committee request regarding the removal of the pedestrian walkway. Staff indicated the location on the site map and stated the applicant has stated it would not be needed. Commissioner Tyler requested Condition #4 be delete any reference to Coachella Valley Unified School District; Condition #9.A.1 and #1 1 be clarified as either a local or collector street; and clarify the language in Condition #26 as he is uncertain what staff is asking. Staff explained that the condition addresses a driveway that is a shared access for the parking. Commissioner Tyler expressed concern on the west elevation door colors. Staff displayed the color board. 3. Commissioner Quill asked if the roof on the front extended across the entire roof line. Staff stated it does not, it is a usable space they intend to use for storage. 4. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Chris Clarke, owner, explained the design of the doors and asked that Condition #6 be modified to note they are to meet the conditions of the Specific Plan; Condition #16 should be limited to the parcel; Condition #25 again should have the disclaimer that if completed under Site Development Permit 2002- 728, it is not required and the same for Condition #29. 5. Commissioner Tyler asked if the roll up doors could disappear visually. Ms. Clarke stated this was the best way to deal with the roll up doors to make them compatible with the rest of the center. Mr. Gilbert Alcala, architect, clarified the pedestrian access way to G:\WPDOCS\PC Minutes\11-25-03WD.doc 5 Planning Commission Minutes November 25, 2003 be removed is only that portion from the sidewalk to the connecting sidewalk that goes into the building. As to the color of the roll up doors, they will be heavily landscaped to hide the doors. The color is an accent. He went on to describe the building architecture. 6. Commissioner Daniels asked the elevation of the berm on La Quinta Drive. Mr. Alcala stated from the curb to the top of the berm it is 5-feet 6-inches. 7. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 8. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-093 recommending approval of Conditional Use Permit 2003-082, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 9. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-094, recommending approval of 2003-789, as amended. a. Condition #4: Delete any reference to CVUSD. b. Deletion of Conditions #8, 10, and 14. C. Conditions #6, #16, #25, #29: Disclaimer added that if the condition was satisfied under Site Development Permit 2002-728, it will not be required again. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. D. Environmental Assessment 2003-784 and Site Development Permit 2003-792; a request of Whiteco Residential, LLC for certification of a Mitigated Negative Declaration of environmental impact and review of G:\WPDOCS\PC Minutes\11-25-03WD.doc 6 Planning Commission Minutes November 25, 2003 development plans for a 224 market -rate apartment complex for the property located at the northeast corner of Washington Street and Palm Royale Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if there was transit access. Staff stated the bus stop is south of this site. 3. Commissioner Abels asked the location of the old Darby Road. Staff indicated its location on the map. 4. Commissioner Tyler asked staff to clarify the revised conditions. Staff stated there is a change in regard to moving the entrance further east away from Washington Street. Assistant City Engineer Steve Speer gave an explanation of the changes. Discussion followed regarding the circulation pattern. Commissioner Tyler asked if the traffic analysis was done on the basis that Palm Royale Drive would not be extended to the south. Staff stated the School District's study took into account that there would be a signal at Fred Waring Drive and Palm Royale Drive. Staff used these figures as well, in evaluating this project. The cost of the signal will shared between the three developers. Discussion followed regarding the Darby Road. 5. Commissioner Quill asked if anything would happen to Darby Road that goes back to the Bermuda Dunes Country Club. Staff stated that from this project point east, it is not in the City. The County burdened the City with the cost of maintaining the street. Any capital improvements are the responsibility of the County. Commissioner Quill asked if the applicant was aware of the additional 500 feet of dedication. 6. Commissioner Tyler asked about the impact to the single family homes to the east in the Environmental Assessment on page 15 La)-c). He questioned there were no homes within a mile of this site. Staff noted there are some nurseries and single family homes r)-)9 G:\WPDOCS\PC Minutes\11-25-03WD.doc 7 4. `, Planning Commission Minutes November 25, 2003 in close proximity. Commissioner Tyler noted the elevation plans say there are six different models proposed and yet the packet only shows two. Staff stated the applicant could answer that question. Commissioner Tyler asked that the water efficient landscaping requirement be added to the conditions. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Tim Connelly, representing Whiteco, gave an explanation of the project and discussed concerns with certain conditions. In regard to the accessway, it is their estimation the most optimal location is 250 feet from Washington Street. After meeting with staff they revised their plan to meet the General Plan requirements. To move it 500 feet east of Washington Street would create a problem for them. They would have to relocate more residential buildings along Washington Street which would limit their buildings to one story. The issue is created by the School District and their main entry access. They would like to retain the original requirement of the Public Works Department. They would like to conduct a traffic study to validate this determination. In regard to the elevations, they are all varied, but the foundations are the same. Some buildings have garages, and some do not. He questioned Condition #9 in regard to the landscaping setbacks. Staff clarified the setbacks. Mr. Connelley questioned Condition #14 as it needed an ending date. Staff stated this condition could be deleted and any other reference to final map deleted. Mr. Connelly questioned Condition #25 regarding building pad elevations. Staff stated the condition could be deleted. Mr. Connelly questioned having the condition regarding a meandering sidewalk on Palm Royale Drive. They would prefer changing Condition 42.2.e. and allow a straight sidewalk as it would give them more opportunity for landscaping along their frontage.' They would also like to ask that the portion of Darby Road that is on their site be vacated. Staff stated they would see that it is removed from the title report. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked about the two previously graded parcels and asked how they would handle these parcels. Mr. Kurt Saxon, Saxon Engineering, explained the grading plan. t%10 G:\WPDOCS\PC Minutes\11-25-03WD.doc 8 Planning Commission Minutes November 25, 2003 9. Commissioner Quill asked the location of the retention basin. Mr. Saxon stated it is spread throughout the entire site. Commissioner Quill asked if all the units have garages. Mr. Connelley stated some residents will have a garage and some units will not. 10. Commissioner Daniels asked if they agreed with the ALRC conditions. Mr. Connelly stated yes, but they did question the change in the stucco treatment requested by the ALRC. Mr. Rick Havenough, Whiteco, described the difference between the two finishes and stated that to them, it is a waste of money. 11. Chairman Kirk asked about the design for the covered parking. Mr. Havenough explained the design. Chairman Kirk asked if they considered a three story building. Mr. Connelly stated they have found a resistance from people to live on a third floor. 12. Commissioner Tyler asked why the ALRC wanted the different finish. Staff explained they wanted a more authentic look. 13. Commissioner Quill asked why they would not mix up the colors. Mr. Havenough explained how they would mix the colors on the different elevations. 14. Chairman Kirk asked where the stone was being added to the buildings. Mr. Havenough stated this project would not have stone. 15. Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk asked if there was any discussion regarding the access. 16. Commissioner Abels stated he would concur with staff's recommendation. Mr. Connelley stated he takes issue because they have never been required to supply a traffic study. They have always used the School District's study. He believes this is an over compensation for the half hour of traffic. 17. Chairman Kirk asked if they would be in favor of having a continuance and to allow them time to conduct a traffic study. Mr. Connelley stated there are two issues in regard to the entry: 1) a need to accommodate the right turn movement onto Washington Street; 2) the location of the entry as they have it 24.1 G:\WPDOCS\PC Minutes\11-25-03WD.doc 9 Planning Commission Minutes November 25, 2003 now. They would like to be able to work with the School District to resolve the problem. Assistant City Engineer Steve Speer stated there are two issues. Staff is asking for the 500 foot long extra turn lane and to relocate the driveway out of this area. 18. Commissioner Quill asked if there were two right turn lanes would that not solve the problem. Staff stated that if the cars are stacked back past the right turn lane into this project, the left turn in would be blocked. 19. Commissioner Daniels asked what the original City standards were for this development. Mr. Connelley stated they originally received a requirement for the 250 foot right turn lane. The 500 foot requirement came into being recently. Commissioner Daniels stated he is troubled by requirements that go beyond the normal standards after the fact. It seems studies were not required to ask for the additional requirements. 20. Commissioner Quill stated the burden has been placed on the developer by a problem caused by the School District. If there was no school across the street, the issues would not be the same. During the time before school and after school there is always this problem with the traffic. 21. Chairman Kirk clarified staff's concerns that the stacking that will occur during that half hour of school traffic the residents will not be able to enter through this one entrance, but there is a second entrance. Assistant City Engineer Steve Speer stated some residents will use the second entrance, but some will not. The City has hired a traffic engineer to fix some of the problems that exist in school zones. He has been meeting with the School District and has become aware of the needs at this particular location. As a result of meeting with the School District, his immediate reaction was to move the apartment complex access further to the east. This is why the condition came in so late. The developer is right in that the original conditions did not make this requirement, but due to the information obtained, it has changed. 22. Commissioner Tyler stated the biggest problem around schools is the driving pattern of the parents. In his opinion, having 500 feet to accommodate a half hour traffic problem is too much. Mr. G:\WPDOCS\PC Minutes\11-25-03WD.doc 10 Planning Commission Minutes November 25, 2003 Connelley stated the School District still has not closed on the purchase of the land, so there is the possibility it may not be constructed at this location. They believe this is the best design for this site. 23. Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 24. Commissioner Tyler stated this is a tremendous improvement for this site. There is a problem with the access due to the school traffic, but the 500 foot lane is too much. 25. Commissioner Daniels stated their should be a sense of fair play in regard to the conditions. He would recommend moving forward with the plans as submitted by the developer but encourage the developer to continue to work with staff to resolve the issue. Two turn lanes at 270 feet seems to be adequate and is consistent with the City's General Plan. 26. Commissioner Abels stated he agrees with staff's recommendation. He has always been developer friendly, but this is a problem the Commission has to face with and it needs to be resolved. 27. Commissioner Quill agrees this is a nice project, but he would have to agree that if the approval includes the additional 500 feet lanes, he would not be able to support it. He supports two 270 foot lanes. 28. Commissioner Tyler stated the only place where there is a dual right hand lane is Fred Waring Drive and Highway 1 1 1. To require this little street to do the same, is too much. 29. Chairman Kirk stated it is a great project for the location. The architecture is good, but the stone and enhanced paving would add to the project. He has no problem requiring a project to conduct a traffic study to address their issues, but not an adjoining project's issues. He does believe it is too late to require a change to 500 feet. 30. There being no further discussion, it was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission G:\WPDOCS\PC Minutes\11-25-03WD.doc 11 Planning Commission Minutes November 25, 2003 Resolution 2003-095, certifying a Mitigated Negative Declaration for Environmental Assessment 2003-487, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 31. It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2003-096, approving Site Development Permit 2003-792, as amended: a. Conditions #14 and 25: deleted. b. The ALRC recommendation for lace stucco deleted, but keeping the requirement for the roof pitch. C. Condition added requiring stone accents being added to the elevations. d. Deletion of amended Conditions #7.A.2, #11, #42, #42.A.2. e. Condition #42.2.e: Delete the requirement for the meandering sidewalk. f. Condition added that the City would vacate Darby Road. g. Condition added: Applicant shall construct two 270 foot long right turn lanes (to their driveway from Washington Street) . h. Condition added: The applicant shall meet the City's Water Efficient Landscaping Ordinance. ROLL CALL: AYES: Commissioners Daniels, Quill, and Tyler, Chairman Kirk. NOES: Commissioner Abels. ABSTAIN: None. ABSENT: None. Chairman Kirk recessed the meeting at 9:40 p.m. and reconvened at 9:45 p.m. Chairman Kirk reorganized the Agenda and introduced Business Item A at the request of the City's Attorney and the applicant. VII. BUSINESS ITEMS: A. Appeal of Public Nuisance Case 9693; a request of Robert and Barbara Valdivia for an appeal of a public nuisance at 54-360 Avenida Juarez. G:\WPDOCS\PC Minutes\11-25-03WD.doc 12 Planning Commission Minutes November 25, 2003 1. Chairman Kirk informed everyone that the City's Attorney and the applicant would like the opportunity to work out some issues and request this item be continued to the meeting of January 27, 2004. 2. It was moved and seconded by Commissioners Tyler/Quill to continue Public Nuisance Case 9693 to January 27, 2004. Unanimously approved. 3. Assistant City Attorney Michael Houston noted that both parties are present and received notice that this will be the date of the hearing. V. PUBLIC HEARINGS CONTINUED: E. Environmental Assessment 2003-483, General Plan Amendment 2003- 093, Zone Change 2003-116, Specific Plan 2003-067, and Site Development Permit 2003-787; a request of Coral Option 1 for certification of a Mitigated Negative Declaration of environmental impact; General Plan Amendment Zone Change to change land uses and zoning designations from Medium Density Residential to Low Density Residential, Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial Designations, add Golf Course Designation, and eliminate the Major Community Facility Designation; development principles and design guidelines for two 18-hole golf courses, associated facilities and 1,400 residential units; development plans for two 18-hole golf courses, associated facilities and 1,400 residential units for the property located at the northwest corner of Avenue 60 and Monroe Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked about the requirement for an additional fire station. Staff stated that for every 4,000 homes a fire station is needed. Trilogy currently has 1,203 homes but, whenever it is built out a fire station will be needed and it would be addressed at that time. Planning Manager Oscar Orci clarified that staff was Q45 G:\WPDOCS\PC Minutes\11-25-03WD.doc 13 Planning Commission Minutes November 25, 2003 requesting the applicant obtain proof from the Fire Department that a fire station will not be required. To date staff has not been able to get a reply by the Fire Department and therefore, the burden lies on the applicant to obtain such a statement. We have indicated to the applicant that we would like to have the land available for a fire station there, but have left it up to the discretion of the Fire Department. 3. Commissioner Daniels stated it appears the City will be losing 122 acres of Medium Density zoning. Staff stated yes, but it is being replaced with a similar single family homes land use designation. Commissioner Daniels asked if we were losing our housing mix. Staff stated no, there is a mix of single family as well as duplexes contained in this project. Commissioner Daniels asked if Madison Street is an Arterial and whether or not it would go through to Highway 1 1 1. Staff stated it would go to Avenue 50, to the City of Indio limits. 4. Commissioner Tyler stated the conditions should be changed to reflect that this project is within the Coachella Valley Unified School District. He then stated that on page 75 and 76 of the staff report it is not clear what the applicant would have to do if a General Plan Amendment was not approved. Assistant City Engineer Steve Speer clarified that bike lanes were not included in the condition and need to be accommodated. The condition needs to be rewritten to have a 96 foot right of way for an Arterial. Commissioner Tyler asked that Condition 46.A.1 be rewritten for clarity. Also, the Water Efficient Landscaping requirement should be added. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Patrick O'Dowd, representing the applicant, gave a presentation on the project. He introduced Forrest Haag, Dwight DeMay, Lloyd Watson, and Kelly Abeyratne who were part of the project team. Mr. Forrest Haag gave a presentation on the Specific Plan. Mr. DeMay gave a presentation on the master plan. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if there was a 60-inch water line through the middle of this property. Mr. Haag stated yes, but it was being relocated. G:\WPDOCS\PC Minutes\11-25-03WD.doc 14 Planning Commission Minutes November 25, 2003 7. Commissioner Tyler asked why the properties on Avenue 58th were not acquired as part of this project. Mr. Haag stated they are smaller lots that they were unable to obtain. Commissioner Tyler asked the disposition of the palm trees. Mr. Haag stated the palm trees are no longer agriculturally producing, and have become a problem to the developer as they can be a hazard. Palms will be used in the perimeter landscaping, if they can be saved. 8. Commissioner Daniels stated two five acre parcels of commercial land seem unreasonable. Mr. Haag stated the bigger pieces are harder for one developer to develop. The Code requires ten acres of Commercial so they split it into two adjacent pieces that partner developers could develop. 9. Chairman Kirk asked if he had an example of a five acre commercial project that works. Mr. Haag stated a ranch/market with a dry cleaner would be a good use. The mix similar to that on the southwest corner of Highway 1 1 1 and Washington Street would work. 10. Commissioner Tyler asked if the requirement for a bike lane was a problem. Mr. Haag stated they have no issue with the requirement. They will continue to work with staff to reflect them on their map. 11. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. Joe Hammer, 74-757 North Cove Drive, Indian Wells, stated his family owns the property on the northeast corner of where this project is proposed. In addition, he and his wife own the 40 acres directly to the east of this property. Under the City's General Plan his property would be zoned commercial and residential. He supported this project, but would like to know what they intend to do on the east side and what street improvements are proposed for Monroe Street. Also, he questions why they are moving and proposing two small areas of commercial. 12. Mr. O'Dowd stated the property to the east will be developed as Medium Density, but currently, there are no plans in progress. The street will be developed at the 110 foot width as required by the City's standards. The purpose of the commercially designated G:\WPDOCS\PC Minutes\11-25-03WD.doc 15 4 4 7 Planning Commission Minutes November 25, 2003 land is to provide some services for their residents. 13. There being no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 14. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-097, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2003-483, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 15. It was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003=098, recommending approval of General Plan Amendment, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None 16. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-099, recommending approval of Zone Change 2003-1 16, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 17. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-100 recommending approval of Specific Plan 2003-787, as recommended and amended: a. Condition #3: change to CVUSD b. Condition added: The applicant shall meet the requirements of the City's Water Efficient Landscaping Ordinance ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G:\WPDOCS\PC Minutes\11-25-03WD.doc 16 Planning Commission Minutes November 25, 2003 18. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-101 recommending approval of Site Development Permit 2003-787, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. F. Development Agreement 2003-006 a request of Center Point Development, LLC and the Redevelopment Agency for consideration of a proposal to change the developer entity to CP Development La Quinta, LLC, for the property located at the southeast corner of Washington Street and Miles Avenue. 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Assistant City Attorney Michael Houston stated there is a dispute in regard to the ownership entities status of present party to the Development Agreement. He is asking that a condition be added requiring the City receive a receipt of an operating agreement identifying the party who is responsible to negotiate with the City. The applicant has agreed to the condition. 3. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Richard Oliphant asked that the Commission approve the proposed changes to the Development Agreement. 4. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-102, recommending approval of Development Agreement 2003-006, as recommended. G:\WPDOCS\PC Minutes\11-25-03WD.doc 17 249 Planning Commission Minutes November 25, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G. Environmental Assessment 2003-485, General Plan Amendment 2003- 095, Zoning Code Amendment 2003-078; a request of the City for consideration of certification of a Negative Declaration of environmental impact, an Amendment to Chapter 2 of the General Plan to allow High Density Residential uses in the Commercial Park District, and an Amendment to Section 9.80.040, Table 9-5 of the Zoning Code to permit High Density Residential uses in a Commercial Park District, subject to review and approval of a Conditional Use Permit. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked why this should not be tabled with the application that initiated the change. Community Development Director Jerry Herman stated that if the applicant were to submit his applications now, it would be a mute issue as the General Plan would not currently allow the requested change. Staff is therefore taking the General Plan Amendment forward as it will not only assist this project when it is submitted, but other areas of the City as well. 3. Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 4. Commissioner Tyler questioned whether this was good planning practices. 5. Commissioner Quill stated he disagreed and thought it was a good opportunity to have mixed uses. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Quill to adopt Planning Commission Resolution 2003-103, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-485, as recommended. G:\WPDOCS\PC Minutes\11-25-03WD.doc 18 Planning Commission Minutes November 25, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-104, recommending approval of General Plan Amendment 2003-095, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 8. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-105, recommending approval of Zoning Code Amendment 2003-078, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. H. Zoning Code Amendment 2003-079; a request of the City for consideration of an Amendment to the Municipal Code Sections: 9.160.020, Table 9-17-7 Exempt Signs, relating to Christmas Lights; 9.40.040, Table 9-1 Other Uses, adding churches as conditionally permitted in residentially zoned area; 9.60.100.D.1 Guesthouses, to include detached guesthouses in the Minor Use Permit process, and 13.12.160.13 of the Tentative Subdivision Maps, to allow tentative tract map time extensions to be granted by the Community Development Director when there is no change. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the issue of Christmas lights was enforceable. Staff stated that was why it was being presented. 3. Commissioner Tyler stated Section 9.160.020 does not state when the lights can put it up. It should give a date of when to begin and end. Assistant City Attorney Michael Houston stated G:\WPDOCS\PC Minutes\11-25-03WD.doc 19 J Planning Commission Minutes November 25, 2003 that in light of Code Enforcement issues it would be best to have a date to begin and end. Staff recommended 45 days prior to and 21 days after. 4. Chairman Kirk asked if there was 'any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 5. Commissioner Tyler questioned whether this was good planning practices. 6. Commissioner Quill differed in that he thought it was a good opportunity to have mixed uses. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Quill to adopt Planning Commission Resolution 2003-106, recommending approval of Zoning Code Amendment 2003-079, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. IX. CORRESPONDENCE AND WRITTEN MATERIAL: X. COMMISSIONER ITEMS: A. Staff informed the Commission that there was a need to hold a Commission on December 23, 2003 and staff was asking whether or not Commissioners would be present. Following discussion, it was determined the meeting would be held. B. Commissioner Daniels asked for a report on how much commercial acreage had been lost this year. C. Commissioner Tyler gave a report on the Council meeting of November 18, 2003. XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 9, 2003, at 7:00 p.m. G:\WPDOCS\PC Minutes\11-25-03WD.doc 20 , ,; v 4„ Planning Commission Minutes November 25, 2003 This meeting of the Planning Commission was adjourned at 10:59 p.m. Respectfully submitted, J Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\11-25-03WD.doc 21 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 9, 2003 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Jacques Abels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. It was moved and seconded by Commissioners Abels/Tyler to excuse Commissioner Daniels. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: 1. Department Report: None. V. PUBLIC HEARINGS: A. 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 Commercial to Medium High Density Residential and the subdivision of approximately 21 acres into 250 condominium units for the property located at the northwest corner of Avenue 52 and Jefferson Street. 9 1. �4 G:\WPDOCS\PC Minutes\12-9-03WD.doc Planning Commission Minutes December 9, 2003 1. Chairman Kirk informed everyone the item was being continued. It was moved and seconded by Commissioners Abels/Tyler to continue the project to December 23, 2003. Unanimously approved. B. Sign Application 2003-734; a request of Neil Kleine for consideration of a planned sign program for two commercial buildings in the La Quinta Corporate Centre on a 1.13 acre site for the properties located at 79-215 and 79-245 Corporate Centre Drive. 1. Chairman Kirk informed everyone the item was being continued. It was moved and seconded by Commissioners Tyler/Abels to continue the project to December 23, 2003. Unanimously approved. C. Site Development Permits 2003-727, Amendment #1; a request of PM Renaissance, LLC for consideration of architectural plans for three additional prototype residential units for construction in Tract 29053, located on the north side of Avenue 50, west of Jefferson Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if it was necessary to require compliance with the new Water Efficient Ordinance. Staff stated they would have to comply, but staff would add it to the conditions. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Geoff McComic stated he was available to answer any questions. 4. Commissioner Quill asked why the rock element was not on all the elevations. Mr. McComic stated it would be made available on all the all three elevations. 5. Commissioner Tyler asked if these would replace the existing floor plans. Mr. McComic stated yes. G:\WPDOCS\PC Minutes\12-9-03WD.doc 2 Planning Commission Minutes December 9, 2003 6. There being no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-107 approving Site Development Permit 2002- 727, as recommended: a. Condition added: Compliance with the Water Efficient Ordinance. ROLL CALL: AYES: Commissioners Abels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. D. Sign Application 2003-735; a request of Kleine Building and Development, Inc., for consideration of a sign program for a commercial building with 63,550 square feet of floor area for the property located on the north side of Highway 1 1 1, 331 feet west of Dune Palms Road. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked why the maximum sign height for panel signs was 48 inches and how did staff come to that figure. Staff stated it was based on what the applicant requested. Staff was recommending only two lines of copy be allowed. 3. Chairman Kirk stated if the sign height was 48 inches, the length would be ten feet. Staff clarified if they had 50 feet of frontage they would have a 50 square foot sign. 4. Commissioner Tyler asked if any of these tenants had the ability to have signs on three sides. Staff stated there are, but it was restricted to two sides as defined by the applicant. Commissioner Tyler asked if three square feet of vinyl was appropriate. Staff stated they were signs along the arcade for the window signs. 4 ' � G:\WPDOCS\PC Minutes\12-9-03WD.doc 3 Planning Commission Minutes December 9, 2003 5. Chairman Kirk asked what, if anything, in the sign program deviated from the Zoning Code. Staff stated the vinyl signs at eight square feet are larger than what is allowed by Code. 6. There being no applicant present and no other public comment, Chairman Kirk closed the public hearing and opened the project for Commission discussion. 7. Commissioner Tyler asked what the Code allowed in regard to window signs. Staff stated it is an under canopy sign and it allows three square feet. Commissioner Tyler stated an under canopy refers to hanging signs. Staff stated they have been allowed previously. Commissioner Tyler stated he was also concerned with the size of the monument sign, especially the one with one tenant name. He would propose the monument sign on Highway 1 1 1 be reduced. 8. Chairman Kirk stated he agreed, but asked how it compared to other signs on Highway 1 1 1. Discussion followed regarding sign heights along Highway 1 1 1. 9. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Minute Motion 2003-020 approving Sign Application 2003-735, as amended: a. Condition added: Panel sign copy shall be reduced to 40 inches. b. Condition added: Window signs shall not exceed three square feet. Unanimously approved. E. Site Development Permit 2003-791; a request of McDermott Enterprises for consideration of architectural plans for an 11,300 square foot two- story office building in the La Quinta Professional Plaza located on Parcels 8, 9, and 10 of Tentative Parcel Map 29889 on the west side of Caleo Bay, approximately 300 feet south of Avenue 47. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. I)r ►^r 46. 1 G:\WPDOCS\PC Minutes\12-9-03WD.doc 4 Planning Commission Minutes December 9, 2003 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked that a condition be added requiring compliance with the City's Water Efficient Landscaping Ordinance. 3. Chairman Kirk asked if this project would comply with that Ordinance. Staff stated they would have to comply. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Colin McDermott, applicant, stated they would comply with the Water Efficient Landscaping Ordinance. 5. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. 6. There being no other public comment, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-107, approving Site Development Permit 2003- 791, as recommended and amended: a. Condition added: compliance with the Water Efficient Landscaping Ordinance. ROLL CALL: AYES: Commissioners Abels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. VII. BUSINESS ITEMS: A. La Quinta Redevelopment Project No. 2 Redevelopment Plan Amendment; a request of the City's Redevelopment Agency for consideration of a Text Amendment to the Redevelopment Plan for La Quinta Redevelopment Project No. 2. 1. Chairman Kirk asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\12-9-03WD.doc 5 Planning Commission Minutes December 9, 2003 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked once the City has meet its housing quota, do we have to build any more houses Staff stated anytime the private sector builds a unit, the City must meet their portion and therefore the number could never be reached until the City is built out. 3. There being no further discussion, It was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-108 making findings for recommending the proposed 2003 Amendment to Redevelopment Project No. 2 to the City Council. ROLL CALL: AYES: Commissioners Abels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. IX. CORRESPONDENCE AND WRITTEN MATERIAL: X. COMMISSIONER ITEMS: A. Review of Commercial land uses. Continued to the next meeting. B. Discussion regarding the 2004 League of California Cities Planners Institute. Commissioners would notify staff if they were attending. C. Commissioner Abels gave a report on the Council meeting of December 2, 2003. XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 23, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:46 p.m. Respectfully submitted, < 4-JY'" Beta4wyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\12-9-03WD.doc 6 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 23, 2003 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Tyler to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Planning Manager Oscar Orci, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of November 25, 2003. Commissioner Tyler asked that Page 1 be corrected to read, "Continued — Environmental Assessment 2003-484, Conditional Use Permit 2003-081, and Site Development Permit 2003- 788; a request of ASL La Quinta Family Apartments, L.P."; Page 12, insert Public Hearing Resumed; Page 13, Item 3, add "City of Indio limits". There being no further corrections, it was moved and seconded by Commissioners Tyler/Abets to approve the minutes as corrected. Chairman Kirk asked if there were any corrections to the Minutes of December 9, 2003. Commissioner Daniels asked that Page 1 be corrected under Roll Call, to show that he was absent. There being no further corrections, it was moved and seconded by Commissioners Abels/Daniels to approve the minutes as corrected. 2. Department Report: None. �G0 G:\WPDOCS\PC Minutes\12-23-03WD.doc 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 Commercial to Medium High Density Residential and the subdivision of approximately 21 acres into 250 condominium units for the property located at the northwest corner of Avenue 52 and Jefferson Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels thanked staff for the report on the amount of commercial land that had been lost through zone changes. He further stated he had met with the applicant prior to this meeting and discussed the project and raised a number of issues. His concern has been the loss of commercial land throughout the city and noted the areas where the zoning had been changed. This issue of commercial land was an issue during the joint meetings with the City Council in regard to the loss of sales tax revenue and how critical commercial land is to the survival of cities. He asked staff to address the justification of how this property could be redesignated from commercial to residential after such a short period. It would seem that a mistake was made in originally designating this site commercial or some reason has come to light that it no longer should be designated commercial. He would like some justification as to why this property should be redesignated. Staff stated it is a valid concern and staff has the same concerns. 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 needed next year. If this density conversion is G:\WPDOCS\PC Minutes\12-23-03WD.doc 2 Planning Commission Minutes December23, 2003 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 owner to develop the commercial and there is now a proposal to construct residential units. It is staffs understanding the northeast corner will remain as commercial. Staff did a review of the surrounding land uses before making this recommendation for the land use conversion. 4. Commissioner Daniels asked if the tunnel was a reality. Staff stated it is unknown until they go before the Redevelopment Agency and get their approval. Commissioner Daniels asked if a condominium project is built and rented out, will it create Transient Occupancy Tax for the City. Staff stated yes. 5. Chairman Kirk asked if under the Specific Plan they would be able to go ahead with the rental units. City Attorney Kathy Jenson stated yes. 6. Commissioner Quill stated he too had met.with the applicant and it was his understanding they did intend to make these rental units. 7. Commissioner Tyler asked why a conditional use permit was not required. Staff stated that during the review of the project it was determined a conditional use permit was not needed. The lighted tennis courts are included in the Specific Plan and therefore approved along with the Specific Plan. Commissioner Tyler asked if the main access onto Avenue 52 is a right turn in only as it is a long 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' 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 4�40 G:\WPDOCS\PC Minutes\12-23-03WD.doc 3 Planning Commission Minutes December23, 2003 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 condition would be corrected accordingly. Commissioner Tyler stated Conditions #82 and #62 should be combined. He also asked about a parking analysis. Staff stated until more information is received on the unit sizes, there is nothing to analyze. 8. Chairman Kirk asked if it was staff's request or the applicant's to prepare a Specific Plan. Staff explained there isn't anything they are deviating from by using the Specific Plan. Staff took no stand either way. Chairman Kirk asked the height of a Medium High Density unit. Staff stated 28 feet. Chairman Kirk asked why this project was being limited to 26 feet. Staff stated it was believed that with some of the units not being in a symmetrical setting, it would be best to limit all of the units to the same height to preserve the views of the neighboring homes. Chairman Kirk noted he too had met with the applicant. 9. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Matthew Hladek, the applicant gave a presentation on the project. 10. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if this development was conceptually similar to the Desert Willow project. Mr. Hladek stated it is not because it is a whole ownership and not a timeshare. Commissioner Daniels asked if it would be managed and available for rentals. Mr. Hladek stated yes, and they would be subject to the 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. 11. Chairman Kirk asked if the applicant had any confirmation as to the TOT being greater than the sales tax. Mr. Hladek stated he did not, but was available to answer any questions. 263 G:\WPDOCS\PC Minutes\12-23-03WD.doc 4 Planning Commission Minutes December23, 2003 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 issues were worded, but in concept they have no problem with their requests. Commissioner Quill asked about maintaining the date palms in a producing manner. Mr. Hladek stated the intent was to keep them in a healthy condition, not producing. Staff clarified the intent was that they could produce dates, but not for production. Commissioner Quill asked if the applicant was intending to assume the complete cost of developing the tunnel. Mr. Hladek stated yes. 13. Commissioner Tyler clarified theJefferson Street entrance was a right in, right out. Mr. Hladek stated yes. Commissioner Tyler stated the Zoning Code allows the tennis court lights to be lit till 10:00 p.m., but if they desire to comply with the agreement made with the Citrus Course Homeowners' Association, they could require the earlier time of their residents. 14. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 15. Commissioner Abels stated this was a quality project and .he is pleased to hear about the tunnel. He believes they have addressed the loss of revenue with the redesignation. 16. Commissioner Quill stated he too believes they have met his concerns 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 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 2E G:\WPDOCS\PC Minutes\12-23-03WD.doc 5 Planning Commission Minutes December23, 2003 tunnel. City Attorney Kathy Jenson stated the tunnel would require the Agency to dedicate land for the tunnel and she would not want to put the Agency in a place to require this without their approval. A condition could be added to require the tunnel, upon approval by the Agency approval as long as the cost of the land was taken into account. Staff noted the conditions exclude the tunnel and require it to be addressed under a different method that is not related to this project's development at this time. 18. Chairman Kirk agreed this is an outstanding project. He also agrees that General Plan Amendments should be seriously addressed and it appears this project has made the justification for the change. His only criticism is that the Specific Plan, as written, is weak. 19. Commissioner Tyler asked why not included the HOA letter in the Specific Plan. City Attorney Kathy Jenson stated a condition should be added that the text of the Specific Plan be corrected to contain all the text changes and the final conditions as approved by the City Council and resubmitted to staff within a specified time frame. The text requirements would be included in the final document. Commissioner Tyler stated his concern was the difference between what the City requires and what has been agreed to between the two developments. 20. Chairman Kirk suggested the agreement between the two developers be included in the site development permit when it is submitted for approval. 21. There 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. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 4.. G:\WPDOCS\PC Minutes\12-23-03WD.doc 6 Planning Commission Minutes December23, 2003 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 2003-096, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 23. It was moved and seconded by Commissioner Abels/Tyler to adopt Planning Commission Resolution 2003-112, recommending approval of Zone Change 2003-1 17, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioner Abels/Tyler to adopt Planning Commission Resolution 2003-113, recommending Specific Plan 2003-069, as amended: a. Condition #6.D. Deleted. b. Condition #6.A. Delete the following sentence: "In addition, the letter from the Citrus Course Homeowners' Association, dated 12/10/03, shall also be incorporated in the appendix." Add the following sentence: "The HOA bullet points shall be considered as part of subsequent approvals." c. 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. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 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 G:\WPDOCS\PC Minutes\12-23-03WD.doc 7 266 Planning Commission Minutes December23, 2003 states that the project is subject to Transient Occupancy Tax. b. Condition #51.A.1►.a).ii.: Deleted C. Condition #51.A.2). a). ii.: Add: "...along the easterly boundary of the Tentative Tract Map and warp around to the tunnel on Avenue 52, if approved and built." d. Condition #55.A: delete, "Right turn in" e. Conditions #62 and #82: Combined. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Continued Sign Application 2003-734; a request of Neil Kleine for consideration of a planned sign program for two commercial buildings in the La Quinta Corporate Centre on a 1.13 acre site for the properties located at 79-215 and 79-245 Corporate Centre Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if this was similar to the request of La Quinta Plaza approved at the last meeting. Staff stated that was correct. 3. Chairman 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. 5. Commissioner Tyler stated the two monument signs were too much and should be combined into one eight foot sign. Chairman Kirk reopened the public participation portion. Mr. Neil Klein stated the two monument signs were needed for the two different parcels. Chairman Kirk closed the public participation. 46i G:\WPDOCS\PC Minutes\12-23-03WD.doc 8 Planning Commission Minutes December23, 2003 6. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Minute Motion 2003-021 approving Sign Application 2003-734, as amended: a. Condition added: one monument sign allowed. 7. Commissioner Quill stated there are two separate parcels and each does have the opportunity to have its signage. He asked if they were approving two separate sign program. Planning Manager Oscar Orci stated it was common to combine parcels into one sign program. Should the applicant, at some future time, decide to spin off one of the parcels they would be allowed to have their own signage. City Attorney Kathy Jenson stated the applicant could be required to record something on the property that gives Parcel 2 a recorded right to have their own monument sign. Planning Manager Oscar Orci indicated that a sign program can be amended at any time in the future to add or delete signs; therefore, the signs can be included or excluded from the sign program. 8. Commissioner Abels asked the location of the monument signs. Staff indicated the location on the site map. 9. Commissioner Tyler suggested the monument sign be placed on the west entry. Staff stated that both signs were on the west side. ROLL CALL: AYES: Commissioner Tyler and Chairman Kirk. NOES: Commissioners Abels, Daniels, Quill. ABSTAIN: None. ABSENT: None. 10. It was moved and seconded by Commissioners Abels/Quill to adopt Minute Motion 2003-021 approving Sign Application 2003- 734 as recommended. ROLL CALL: AYES: Commissioners Quill, Abels, Daniels. NOES: Commissioner Tyler and Chairman Kirk. ABSTAIN: None. ABSENT: None. C. Environmental Assessment 2003-492 and Tentative Tract_ Map 31732; a request of Michael La Melza, for consideration of a subdivision of 43.8 gross acres into 197 single family lots in the Medium Density Residential zones for the property located at the southeast corner of Monroe street and Avenue 60. 068 4. G:\WPDOCS\PC Minutes\12-23-03WD.doc 9 Planning Commission Minutes December23, 2003 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if this project still falls under the original Coral Mountain Specific Plan. Staff stated that was correct. Commissioner Tyler asked if it would be card entry only and no guard. Staff stated that was correct. Commissioner Tyler asked if the main entry to this project would like up with the entry to the Coral Option so, when warranted, a signal could be installed. Staff clarified it is adjacent to, but not lined up. Commissioner Tyler questioned why it was being off -set and requested they be required to line up. 3. Commissioner Tyler questioned Condition #16 that it should be Avenue 60 not 61. He then questioned Condition #36 in regard to building pad elevations as it appears to be different than what was stated in the report. Planning Manager Oscar Orci clarified that the report describes the general characteristics of the property. In the conditions it pertains to specific grade pads once they are graded. Assistant City Engineer Steve Speer stated the condition was addressing the heights of the adjacent pads. Commissioner Tyler asked the need for Conditions #55 and #56. Staff explained it was needed for the guests entering at the gate. Commissioner Tyler asked that Condition #59 should specify the alignment of the two entries. Also Condition #67 should be corrected to state, "City's' Water Efficient Landscaping Ordinance" and delete the last two sentences. Condition #84 should delete any reference to Tentative Tract Map 31733. Condition #93 should be changed to reference the "south" boundary of the tract. Condition #100 needs to be clarified to read that an additional six feet are required for back-up purposes. Condition #101 cleaned up to read "processing of a Site Development Permit application." 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Don Vita, VITA Planning and Landscape Architecture, landscape architect for the project, gave an explanation of the project. �e3 G:\WPDOCS\PC Minutes\12-23-03WD.doc 10 Planning Commission Minutes December23, 2003 5. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill clarified the trash pick-up would be in the alley/lane. Mr. Vita stated yes. Commissioner Quill asked if the drainage would also be handled in the lane and street. Mr. Vita stated yes. Commissioner Quill asked what the proposed front setbacks on the street. Mr. Vita stated on both the main street, the central main street that bisects the properties, they are proposing a street section that has 32 foot travelway, including parking, a five foot parkway, five foot sidewalk and ten foot setback to the building face. The rear yard setback would be the six feet. They will be walled with some two story units. There may be some porches or courtyards with parking on one side. Commissioner Quill asked how the slopes would be handled. Mr. Vita stated he would ask their civil engineer to answer the question. 6. Chairman Kirk asked why they did not add some commercial to the project. Mr. Vita stated this development could not support the commercial on its own. 7. Commissioner Tyler asked how the houses that are adjacent to the open space take access. Mr. Vita stated there is vehicle access behind the unit and a connecting sidewalk, where the front door is located. Commissioner Tyler clarified the only access between the two tracts is the open space area. Mr. Vita stated yes; there is no vehicular access. Commissioner Tyler asked if they had any objection to lining up their entry with the one across the street. Mr. Vita stated they could make it work. 8. Chairman Kirk asked where the access was to the garage for Lot 197. Mr. Vita stated it is off the lane to the north. The facade facing the knuckle would have a look similar to the front of the house, therefore no wall would be constructed, only landscaping. Chairman Kirk asked about the use of the perimeter park areas. Mr. Vita stated they wanted to have each cul-de-sac end in a landscape area. The lots around the perimeter are not lane loaded lots, but front loaded lots and they wanted to break up the long run of lots with some meaningful open space between buildings. Chairman Kirk asked why they did not use a specific plan. Mr. Vita stated they wanted to meet the original Specific Plan requirements and not have to go through a new specific plan process. Chairman Kirk asked if the City's Code could accommodate new traditional/urbanism development within its ` 70 G:\WPDOCS\PC Minutes\12-23-03WD.doc 11 Planning Commission Minutes December23, 2003 existing zoning code. Were they looking to have street wells encroaching in right of ways, other traffic calming measures, narrowing street corners, etc. Mr. Vita stated there are some compromises they would like to have, but in terms of working within the Specific Plan they do not think the minor compromises detract from the liability of doing this type of project. Chairman Kirk asked if the 20 foot lane meets the City's Code. Assistant City Engineer Steve Speer stated no and he is not aware if the original Coral Mountain Specific Plan contained any requirements for lanes. 9. Commissioner Quill asked where the utilities would be located. Mr. Robert Eisenbeisz, engineer for the project, stated the water mains would be in the front street area. Some of the other passive utilities would be in the lane. 10. Commissioner Tyler asked their opinion on Condition #84. Mr. Eisenbeisz stated they would like to work this through with the Fire Department. Staff stated they too have been trying to get clarification from the Fire Department. It is staffs understanding they have concerns with the length of "flag lots". Staff is trying to work with the Fire Department to understand and mitigate their concerns. 11. Commissioner Quill stated he likes the development, but questioned the tentative map showing a curb adjacent sidewalk and about ten feet to the public easement. He would like to see that the map be revised that the curb adjacent sidewalk would not occur, but a parkway be added between the walk and curb. 12. Chairman Kirk asked the applicant to explain the park located between Lots 153 and 154. Mr. Vita explained this park has the ability to have a pedestrian connection to the project to the south. 13. Commissioner Quill asked how are the retention basins were going to handle the nuisance water? Mr. Vita explained the circular park will be a lawn or park area. The two finger parks to the north and south would be more desert landscaping that would receive the nuisance water. If dry wells are needed they will install them. 14. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the project for Commission discussion. 71 G:\WPDOCS\PC Minutes\12-23-03WD.doc 12 Planning Commission Minutes December23, 2003 15. Commissioner Quill stated this is an interesting opportunity to see something new. He would like to see some of the issues raised addressed in the conditions like the sidewalk and lining up the two intersections. 16. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-115 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-492, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 17. There being no further discussion, it was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2003-1 16, recommending approval of Tentative Tract Map 31732, as amended: a. Condition #16: Change Avenue 61 to Avenue 60 b. Condition #59.A.: Modified to specify the alignment of the entries. C. Condition #67: Corrected to state, "City's' Water Efficient Landscaping Ordinance" and delete the last two sentences. d. Condition #84: Delete any reference to Tentative Tract Map 31733. e. Condition #94: Changed to reference the "south" boundary of the tract. f. Condition #100: Clarified to read that an additional six feet are required for back-up purposes. g. Condition #101: Clarified to read "processing of a Site Development Permit application." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. E. Environmental Assessment 2003-4923and Tentative Tract Map 31733; a request of Michael La Melza, for consideration of a subdivision of 37 gross acres into 127 single family lots in the Medium Density Residential zones for the property located at the northeast corner of Monroe street and Avenue 61. ' 72 G:\WPDOCS\PC Minutes\12-23-03WD.doc 13 Planning Commission Minutes December23, 2003 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if CVWD had any objections to the removal of the easement and could they be conditioned to do this prior to the street improvements. Staff stated it would have to be agreed to before the project could go forward. Commissioner Tyler reviewed some condition changes. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Don Vita, VITA Planning and Landscape Architecture, landscape architect for the project, stated he was available to answer any questions. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill noted there was a clubhouse and pool on this tract and there is access to the tract to the south, are the two tracts intended to become one development? Also, would both projects have access to the pool. Mr. Vita stated no; two separate HOA. Commissioner Quill asked if the easement for CVWD is for existing irrigation main for agricultural purposes. Mr. Eisenhack stated it is CVWD's main drain line and there is a process for removing them. 5. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the project for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-117 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-493, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G:\WPDOCS\PC Minutes\12-23-03WD.doc 14 Planning Commission Minutes December23, 2003 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-1 18, recommending approval of Tentative Tract Map 31733, as recommended/amended: a. Condition #55: Corrected to read: "...on the east side..." b. Condition #68: Corrected to state, "City's' Water Efficient Landscaping Ordinance" and delete the last two sentences. C. Condition #85: Delete any reference to Tentative Tract Map 31732. d. Condition #94: Corrected to read: "the north boundary of the tract." e. Condition #101: Clarified to read "processing of a Site Development Permit application." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. VI. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: A. Commissioner Daniels thanked staff for the report on Commercial land uses. B. Commissioner Tyler gave a report on the Council meeting of December 2, 2003. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on January. 13, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:40 p.m. Res ectfully submitted, tyP awyer, E`fcecutive Secretary CityQuinta, California 4 G:\WPDOCS\PC Minutes\12-23-03WD.doc 15 REPORT/INFORMATIONAL ITEM: HISTORIC PRESERVATION COMMISSION MINUTES The Regular Meeting to be held in the Session Room La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California November 20, 2003 3:03 p.m. Beginning Minute Motion 2003-014 I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call Present: Commissioners Puente, Sharp, Wilbur, Wright, and Chairperson Mouriquand. Staff Present: Principal Planner Stan Sawa, Associate Planner Martin Magana, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Wilbur to approve the Minutes of October 16, 2003 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Historical/Archaeological Resources Survey Report - Watermark Villas (Tentative Tract Map 31798) Applicant: Robert Selan Archaeological Consultant: CRM TECH - Michael Hogan Location: Northwest corner of Jefferson Street and 52nd Avenue 27J Historic Preservation Commission Meeting November 20, 2003 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Principal Planner Stan Sawa noted the Paleontological Report was included, but the Archaeological Report was not in the packet. He summarized the report .for the Commission's approval and stated whole shell and shell fragments had, been found on the property.' Staff was recommending monitoring of the site during grading. 3. Chairperson Mouriquand asked if the Commissioners had any concerns about the missing report. 4. Commissioner Wright said he was comfortable with staff's verbal presentation as long as the standard conditions were being recommended. Chairperson Mouriquand agreed. 5. Commissioner Puente asked if there was a copy of the report on file. Staff replied there was. 6. There being no further discussion, it was moved and seconded by Commissioners Wright/Wilbur to adopt Minute Motion 1 2003-014 accepting the Historical/Archaeological Resources Survey Report - Watermark Villas (Tentative Tract Map 31798) as presented. Unanimously approved. 7. It was moved and seconded by Commissioners Wright/Sharp to adopt Minute Motion 2003-015 accepting the Paleontological Resources Survey Report - Watermark Villas (Tentative Tract Map 31798) as submitted. Unanimously approved. 1 PACAROI_YN\Hist Pres Com\HPC 1 1-20-03.doc 02 Historic Preservation Commission Meeting November 20, 2003 B. Phase I Cultural Resources Assessment and Interim Archaeological Testing and Mitigation Report (Phase II) for Specific Plan 03-067). Applicant: T. D. Desert Development/Coral Option I, LLC Archaeological Consultant: CRM TECH - Michael Hogan Location: Area generally bounded by 58th Avenue, Monroe Street, 60th Avenue and Madison Street: 1 Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairperson Mouriquand asked if all the ceramics found were brown ware. CRM TECH Representative, Michael Hogan, replied they were not. 3. Chairperson Mouriquand asked if there was any grey ware or red ware found at the site. Mr. Hogan replied he did not think there was any. 4. Commissioner Sharp asked about the triangular -shaped piece of land at Madison and Avenue 60. Staff replied the northeast corner of Madison and Avenue 62 would be the golf maintenance facility for the project. 5. Commissioner Wright asked if there were monitors on the site now. Staff replied they were not sure. The Commissioner said he drove by earlier today and there was a lot of activity out there. Staff asked Mr. Hogan if anyone was currently monitoring the site. Mr. Hogan replied they had noticed there was grubbing on the southern end of the site and he was going to check to see if monitors were needed on the site. 6. Chairperson Mouriquand asked if a grading permit had been issued. Staff replied a grubbing permit had been issued. 7. Commissioner Wright said they were not grubbing, they were clearing the site. P:\CAROLYN\Hist Pres Com\HPC 1 1-20-03.doc 03 Historic Preservation Commission Meeting November 20, 2003 8. Chairperson Mouriquand suggested the site be shut down until a monitor could be in place. 9. Commissioner Wright then showed the Commission what areas were being cleared and agreed it should be shut down until a monitor was on site. 10. Principal Planner. Sawa asked Mr. Hogan if his firm had a contract to monitor this site. He stated not at that moment. 11. Project planner for T D Desert, Forrest Haag answered there was an element of CRM TECH's contract that was for monitoring. He said he would contact Mr. Patrick O'Dowd to place a monitor on site. The conditions stated monitoring was needed and they would try to have monitors on site the next day. 12. Commissioner Wright had concerns about earthmoving in the area and the fact that the monitoring requirements are not being addressed by all City Departments. Chairperson Mouriquand suggested staff work with the Building and Public Works Departments on the definitions and approval of grubbing/earth moving. She also asked if staff could contact the Public Works Department to send someone out to the site immediately. Staff replied they would. 13. Staff asked Mr. Haag to talk to CRM TECH about monitoring the site. 14. It was moved and seconded by Commissioners Puente/Wright to adopt Minute Motion 2003-016 accepting the Phase I Cultural Resources Assessment Report (Phase II) for Specific Plan 2003-067 with the provision there be a stop work order issued until a monitor can be placed on site. Unanimously approved. rl 0 PACAROLYN\Hist Pres Com\HPC 1 1-20-03.doc t_ 04 1 Historic Preservation Commission Meeting November 20, 2003 15. It was moved and seconded by Commissioners Wilbur/Wright to adopt Minute Motion 2003-017 accepting the Interim Archaeological Testing and Mitigation -Report (Phase ll) for Specific Plan 2003-067. Unanimously approved. C. Phase I Cultural Resources Assessment for the La Quinta Famil Apartments (SDP 2003-788) Applicant: La Quinta Family Apartments, L.P. Archaeological Consultant: TRC Companies - Greig Parker, RPA Location: East side of Dune Palms Road, approximately 650 feet south of Highway 1 1 1. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairperson Mouriquand asked the elevation of the site. Staff replied it appeared to be 60 feet. 3. Chairperson Mouriquand said she had some concerns about the report. In particular, the fact the report calls for paleontological monitoring if they go below 10 meters. That would be over 30 feet. She had some questions about that depth measurement. She asked if the project was above, below, or at shoreline on this project. Staff replied it appeared to be above. Discussion followed about the question of depth and location of depth explained in the report. 4. Chairperson Mouriquand stated the report referred to significant vertebrate fossils at that 10 meter depth. She asked about the invertebrate fossils. Staff replied the Commission could change the depth to what they felt would be appropriate. Chairperson Mouriquand asked if they would have to be within the Lakebed area before paleontological monitoring was required. Staff replied it has previously been done that way. P:\CARO�YN\Hist Pres Com\HPC 11-20-03.doc 0 " n J 05 Historic Preservation Commission Meeting November 20, 2003 5. Chairperson Mouriquand asked if there would be. any deep holes in the project. Staff replied there would - not be. She said she didn't see a problem with following the recommendation. She noted for reference the map on Page 6 will need to be on a 1:1 ratio if they are going to file it with the Eastern Information Center. In regiewing the Cultural Setting Discussion, starting on page 7 and going through Page 9, the consultant used' the Palma complex, the Steedas tradition, the San Luis Rey complex which are cultural time periods which are not of this area, but of the coastal areas. They don't fit in the Coachella Valley. ,She noticed the consulting firm was from Concord, with a local representative in Orange County. She suggested there be some communication with the consultant to use the appropriate cultural discussions to fit the Coachella Valley. Staff replied they would send the consultant a letter advising them of same. 6. Chairperson Mouriquand asked the Commission if they wanted to reject the report and ask the consultant to correct the deficiencies. The Commissioners agreed. 7. Commissioner Sharp added the map needed to be fixed. It showed two trailer parks in close proximity and the report says "...on the site of a former trailer park...". Staff commented the map was not accurate. 8. Commissioner Wright commented the Commission needs to be consistent as these were the same requirements asked of other consultants. Staff replied the project was currently on hold for re -design and staff would request the corrections. 9. Commissioner Puente asked for clarification on the question of the 10 meter depth requirement. Chairperson Mouriquand said there was little likelihood the developer would ever dig that deep so it wasn't a problem. The project is at 60 foot elevation. The shoreline was at 42 feet above mean sea level so they got a margin of 18 feet or so. They probably were within the shoreline marsh environment. There may be some vertebrates in PACAROLYN\Hist Pres Com\HPC 11-20-03.doc 4 O 06 n l: 1 Historic Preservation Commission Meeting November 20, 2003 there, but you're also going to have a lot of invertebrates such as snails and bi-valves, but you could also encounter those on the surface. We have been considering the little bi-valves, etc. as part of our paleontological/fossil record connected with the Ancient Lake. She then asked if there was a paleo letter included from the Museum so the Commission would also know the primary souri a of information. Staff said it didn't appear as though there was a letter. She stated they should have included that as well to separate the Paleo from the Archaeo. 10. Commissioner Wright asked if staff could write them a letter explaining how the Commission would like the report to be laid out, as a standard report. Staff replied they would. 11. Chairperson Mouriquand stated they did follow the ARMR format. She read a part of the report stating a search was conducted at UCR, but they did not do a paleo records search at San Bernardino County Museum which is where the local records would be located. She suggested the consultant be asked why they didn't use that Museum which would have our local paleontological archives. 12. Commissioner Puente asked if the Commission could request the 10 meter qualification be removed. Chairperson Mouriquand said it would be a simple thing to decide if the grading was at 42 feet or- lower, as that would determine whether the City's normal paleontological monitoring condition would apply. 13. Commissioner Sharp asked how that affects the project if they go 30 feet into the ground. Chairperson Mouriquand said with the proposed development they are not going to go that deep. 14. Commissioner Wright commented the 30 foot figure may have been one of the standard conditions used in the consultant's local area. PACAROLYN\Nisi Pres Com\HPC 11-20-03.doc 07 Historic Preservation Commission Meeting November 20, 2003 15. Chairperson Mouriquand stated the qualifications of Corrina Hinkins were missing from the packet. She suggested her Statement Of Qualifications be provided. She also asked the map be fixed to a 1:1 ratio and the appropriate local cultural setting replace the one which is a coastal discussion. 16. Staff asked if they needed to include the question about using the Los Angeles County Museum instead of the San Bernardino County Museum. Chairperson Mouriquand replied yes, since this Museum is the local repository for paleontology and is appropriate for our area. They need to expand and clarify on this choice. 17. Chairperson Mouriquand commented when she read through the report discussion it seemed rather skimpy and did not show a thorough understanding of the history of the area. The historical discussion does not give enough detail. 18. Commissioner Wright said the Commission has certain standards and all reports should be consistent. 19. Commissioner Sharp said it seemed to him, in previous projects around this area, there were Indian Villages and it is a very sensitive area. Chairperson Mouriquand agreed and stated there had been a lot of sites found in that area. She commented she was surprised nothing was found. 20. It was moved and seconded by Commissioners Wright/Sharp to adopt Minute Motion 2003-018 continuing the Phase I Cultural Resources Assessment for the La Quinta Family Apartments (SDP 2003-788) with the following recommendations: a. A letter be sent to the consultant advising them of the requirements needed in the Archaeological /Paleontological report to the Commission and requesting they separate the two reports. b. Clarify recommendation of 10 meter depth. C. Correct map area and adjust the ratio to 1 : 1 P:\CAROLYN\Hist Pres Com\HPC 11-20-03.doc 08 Historic Preservation Commission Meeting November 20, 2003 d. Replace cultural information from Los Angeles, with appropriate cultural discussion derived from local sources. e. Include qualifications of the person doing survey (Corrina Hinkins) f. Request consultant include a paleontological letter from the San Bernardino County Museum. g. Change cultural setting to reflect appropriate Coachella Valley Native American occupation. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL A. Information on the California Preservation Conference was distributed. Discussion followed as to who would be able, to attend. V. COMMISSIONER ITEMS A. Update on Point Happy Ranch. Staff explained the gate was determined to be non -historic. The applicant is: 1). designing gates similar to those currently in place; 2). working with the Historical Society on the oral history; 3). Jeanette McKenna is working on the National Register eligibility. The project recently went before the City Council and was continued due to circulation concerns. VI. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Sharp to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on December 18, 2003. This meeting of the Historic Preservation Commission was adjourned at 3:53 p.m. Unanimously approved. Submitted by, li �(VIE` Carolyn Talker Secretary 0"83 P:\CAROLYN\Hist Pres Com\HPC 1 1-20-03.doc 09 Department Report: ern--,-- v � OF Tom' V TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager�/� DATE: January 20, 2004 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the January 6, 2004, City Council meeting: 1. Mr. Jack Flack, representing the LA Quinta Post 855 of the VFW, asked that the City officially name Jacques Ables as the City's official representative at the WWII monument dedication in Washington, D.C. on May 29, 2004. • Staff has placed the item on the Consent Calendar today for Council consideration. ='�4 —z— DEPARTMENT REPORT: 0� �p • v 5 ti5 OF fY�9 MEMORANDUM TO: The Honorable Mayor and Members of the La Quinta City Council FROM: M. Katherine Jenson, City Attorney DATE: January 13, 2004 RE: Office of Attorney General Opinion Concerning the Coachella Valley Mountains Conservancy I. INTRODUCTION On December 29, 2003, the Office of the Attorney General issued an opinion ("Opinion") involving the Coachella Valley Mountains Conservancy ("Conservancy"). (No. 03-604.) The Conservancy is a state commission responsible for land acquisition and protection of natural resources in and around the Coachella Valley. The Conservancy's governing board ("Board") is made up of 21 members. The 21 members include appointees from each of seven Coachella Valley cities (including the City of La Quinta) in addition to, among others, heads of specified state departments. The Conservancy Board meetings are subject to the provisions of the Bagley -Keene Open Meeting Act. Similar to the Brown Act, the Bagley -Keene Open Meeting Act requires that all meetings be open to the public except under limited circumstances (e.g., discussion of pending litigation) when closed sessions are allowed. II. QUESTIONS PRESENTED BY OPINION 1. May a member of a city council or county board of supervisors appointed to sit as that body's representative on the Board disclose to his or her appointing authority or its attorney information received in a closed session of the Board? 2. May a director of a state department who has designated an executive staff member to sit as a member of the Board in his or her place disclose to other department employees or the department attorney information received in the closed session? 4W 975/015610-0015 465946.02 a01/13/04 The Honorable Mayor and Members of the La Quinta City Council January 13, 2004 Page 2 III. ANALYSIS A. City Council Appointee The Attorney General began the Opinion by noting that the city council and county board of supervisors are not themselves participating members of the Board. Rather, the person appointed by the city council or county board is the Board member who has the right to vote independently from his or her appointing authority (e.g., city council). Under the law, closed sessions can only be attended by those with an official or essential role to play in the proceedings. Thus, the Attorney General opined that because the appointing authority is not a "member" of the Conservancy Board, it has no standing to attend, participate in, or otherwise be involved in the Board's closed sessions. Moreover, the Attorney General noted that neither the Ralph M. Brown Act nor the Public Resources Code provide that the appointing authority has any role in the Board's closed sessions or that information received during the Board's closed sessions are appropriate for discussion during the appointing authority's own closed session meetings. Applying this same reasoning, the Attorney General similarly opined that the appointed representative has no authority to discuss information received during a Board's closed session with the city or county attorneys for his or her appointing authority. In short, the Attorney General opined that an appointed member of a city council or county board of supervisors may not disclose information learned during a Board's closed session with either his or her appointing authority or the attorney for the appointing authority. B. State Department Designee Based on the same analysis as for city and county appointees, the Attorney General also found that a designee of a state department is also proscribed under the law from disclosing information received during closed session to other state department employees and department attorneys. Importantly, however, the Attorney General noted that a designee may share the information with his or her principal. Thus, for example, where the Director of Fish and Game designates a member of his or her executive staff to attend Board meetings on his or her behalf, as is allowed by Public Resources Code section 33503(b), the designee may share the information received during the closed session with the Director. Under Public Resources Code section 33503(c), this same rule applies to an alternate member designated by an appointed member of a city council to attend a Board meeting. 975/015610-0015 2 465946.02 a01/13/04 The Honorable Mayor and Members of the La Quinta City Council January 13, 2004 Page 3 C. Application of Opinion to Joint Powers Authorities While the Opinion does not specifically address whether these same rules with respect to disclosure of information received during closed session apply to joint powers authorities (such as the Coachella Valley Association of Governments) ("JPA"), it appears that in most cases they would govern. In an earlier opinion, the Attorney General opined that an appointed member to the governing board of a JPA may cast a vote on a matter before the JPA that is inconsistent with the position taken by the appointing authority. (83 Ops.Cal.Atty.Gen. 267 (2000).) In that opinion, the Attorney General also recognized that JPAs, like the Conservancy, constitute separate legal entities. (Gov. Code §§ 6503.5, 6507.) Thus, it appears that if a JPA is set up so that each of its members appoints one person to serve on the JPA's governing board, the appointing authority would not itself be considered a "member" of the JPA Board and the appointed person would not therefore be authorized to discuss information received during a closed session of the JPA with his or her appointing authority. That being said, the Attorney General has also suggested that a JPA agreement may be written to require approval from each appointing authority, rather than just the appointee from the authority, prior to making any (or only selective) decisions of the JPA official. (83 Ops.Cal.Atty.Gen. 268 (2000).) If the JPA agreement is so drafted, because the appointed authority's approval would be required, it appears as if the appointee would be authorized to discuss information received during closed sessions with the appointing authority because the appointing authority would in that case be considered an essential party to the matters discussed during the JPA's closed sessions. Should you have any questions regarding this memorandum, please feel free to contact me at (714) 641-3413. 975/015610-0015 3 465946.02 a01/13/04 TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California BILL LOCKYER Attorney General OPINION of BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General No. 03-604 December 29, 2003 THE COACHELLA VALLEY MOUNTAINS CONSERVANCY has requested an opinion on the following questions: 1. Where a member of a city council or county board of supervisors is appointed to sit as that body's representative on the governing board of the Coachella Valley Mountains Conservancy, may the appointee disclose to his or her appointing authority or its counsel information received in a closed session of the governing board? 2. Where the director of a state department is a member of the governing board of the Coachella Valley Mountains Conservancy by operation of law and designates an executive staff member to sit in his or her place, may the designee disclose to other department employees or department counsel information received in a closed session of the governing board? 1 03-604 1. 4 CONCLUSIONS 1. Where a member of a city council or county board of supervisors is appointed to sit as that body's representative on the governing board of the Coachella Valley Mountains Conservancy, the appointee may not disclose to his or her appointing authority or its counsel information received in a closed session of the governing board. 2. Where the director of a state department is a member of the governing board of the Coachella Valley Mountains Conservancy by operation of law and designates an executive staff member to sit in his or her place, the designee may not disclose to other department employees or department counsel information received in a closed session of the governing board. ANALYSIS In 1990, the Legislature created the Coachella Valley Mountains Conservancy ("Conservancy") as a state commission within the Resources Agency, charged with acquiring lands and protecting natural resources in and around the Coachella Valley. (Pub. Resources Code, §§ 33500-33509.) The Conservancy's governing board ("Board") is composed of 21 members who serve two-year terms. Public Resources Code section 33503 provides: "(a) The governing board of the conservancy consists of the following 21 voting members: "(1) The mayor or a member of the city council of each of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, appointed by a majority of the membership of the respective city council of each city. "(2) The Chairperson of the Tribal Council of the Agua Caliente Band of Cahuilla Indians. "(3) One member of the Board of Supervisors of the County of Riverside, appointed by a majority of the membership of the board of supervisors. "(4) Three members chosen from the general public who reside within the conservancy's territory, one of whom shall be appointed by the Governor, 2 03-604 280 5 one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly. "(5) The Secretary of the Resources Agency. "(6) The Director of Fish and Game. "(7) The Executive Director of the Wildlife Conservation Board. "(8) The Director of Parks and Recreation. "(9) The Director of Finance. 11(10) The Vice President, Division of Agriculture and Natural Resources, of the University of California. "(11) The State Director for California of the United States Bureau of Land Management. "(12) The Regional Forester for the Pacific Southwest Region of the United States Forest Service. "(13) The Regional Director for the Pacific West Region of the National Park Service. "(b) Any state or federal official who is a member of the governing board and whose principal office is not within the territory of the conservancy may designate a member of his or her executive staff to vote on his or her behalf and otherwise discharge the duties of the member when the member is not in attendance. Notice of that designation shall be promptly communicated in writing to the chairperson of the conservancy. "(c) Each city council, the Tribal Council of the Agua Caliente Band of Cahuilla Indians, and the Board of Supervisors of the County of Riverside may appoint an alternate member from its respective entity to attend the governing board meetings and vote on behalf of the appointed member and otherwise discharge the duties of the member when the member is not in attendance. Notice of the designation shall be promptly communicated in writing to the chairperson of the conservancy." 03-604 290 6 The Board's meetings are subject to the requirements of the Bagley -Keene Open Meeting Act (Gov. Code, §§ 11120-11132; "Act"). (Pub. Resources Code, § 33509, subd. (a).)` The Act generally requires that all meetings of state bodies be open to the public (§ 11123, subd. (a)), with closed sessions allowed in limited circumstances (§ 11126). For example, a closed session may be held by a state body "to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning these matters would prejudice the position of the state body in the litigation" (§ 11126, subd. (e)(1)) or to meet "with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease" (§ 11126, subd. (c)(7)(A)). The two questions presented for resolution concern the holding of a closed session by the Board to discuss pending litigation or the purchase of property. May a member of a city council or county board of supervisors appointed to sit as that body's representative on the Board disclose to his or her appointing authority or its counsel information received in a closed session of the Board? Where the director of a state department is a member of the Board and has designated an executive staff member to sit in his or her place, may the designee disclose to other department employees or department counsel information received in the closed session? We conclude that disclosure would be prohibited in both cases. 1. Disclosure to Local Appointing Authority and its Counsel In addressing the first question, we begin by noting that the statutes governing the Conservancy do not authorize the participation of a city council or county board of supervisors in the actions taken by the Board. Such local bodies have no veto power or right of approval with respect to the activities of the Conservancy, which is an independent state commission. (See Pub. Resources Code, §§ 33501, 33507; cf. 81 Ops.Cal.Atty.Gen. 362, 364 (1998) [by statute, joint powers agency member may not vote on bond issuance absent prior specific authorization from public agency represented by member].) Instead, each designated city council and the county board of supervisors is limited to appointing a single person to sit as a member of the Board. Once such an appointment is made, the appointee may vote independently from -- and even contrary to the express wishes of -- his or her appointing power. (See 83 Ops.Cal.Atty.Gen. 267, 268 (2000) [j oint powers agency member may cast vote inconsistent with position taken by local legislative body that appointed the member].) The fact that the member is an appointee does 1 Unless otherwise indicated, all further statutory section references are to the Government Code. 4 03-604 not give the appointing power any standing to attend, participate in, or otherwise be involved in the Board's closed sessions. (See 83 Ops.Cal.Atty.Gen. 221, 224-225 (2000).) We reject the suggestion that the city councils in question and the county board of supervisors may convene their own closed sessions to receive information given to their appointees during a closed session of the Board. Nothing in the Ralph M. Brown Act (§§ 54950-54963), which authorizes local public agencies to hold closed sessions in limited situations, or in the Public Resources Code suggests that these local bodies have any role to play in the Board's closed sessions.' And, furthermore, we find nothing in the Ralph M. Brown Act that would qualify the Board's litigation concerns or real estate negotiations as appropriate subjects for the local bodies' closed sessions; rather, a local body's closed - session discretion is limited to litigation involving the local body itself, not the Board, and to real estate transactions involving the local body's negotiators, not the Board's. (See §§ 54956.8, 54956.9.)3 Similarly, neither the Act nor the Public Resources Code allows for disclosure of information received in a closed session of the Board to the city attorneys of the cities in question or to the county counsel. Our opinion in 72 Ops.Cal.Atty.Gen.159 (1989) does not support the contrary conclusion. There, we concluded that the Superintendent of Public Instruction could discuss with his legal counsel information. received in a closed session of a state commission of which he was a member. His legal counsel, however, was also subject to the same statute that barred the Superintendent from disclosing the information. "This indicates that disclosures to the legal counsel would not be considered as `outside' disclosures by the Legislature, since the statute's coverage extends to the legal counsel as well." (Id. at p. 166.) Here, in contrast, neither the Act nor the Public Resources Code treats the city attorneys or the county counsel similarly to members of the Board. ' We understand that one of the city councils represented on the Board requires all council members appointed to outside organizations to bring policy issues before the council for determination and instructions on voting. We assume that this can be accomplished without disclosing information obtained in a closed session of the Board. 3 In 67 Ops.Cal.Atty.Gen. 111 (1984), we were asked whether the Ralph M. Brown Act's authorization to hold a closed session to discuss "pending litigation" permitted a county airport advisory commission to meet in closed session with the county counsel to discuss litigation involving airport matters in which the county board of supervisors was the named party. We reasoned that the attorney -client relationship was between the county counsel and the county as an entity, not merely its board of supervisors, and therefore, that "any county board, commission, committee, or officer having a legitimate official interest in a particular lawsuit may confer with counsel in an attorney -client relationship" in a closed session under the pending litigation exception. (Id. at p. 113.) That reasoning does not apply here, however, where the city councils in question and the county board of supervisors are not components of the Conservancy and are therefore not situated to invoke the pending litigation exception. 4 03 -604 �' ti 8 For the foregoing reasons, we conclude that where a member of a city council or county board of supervisors is appointed to sit as that body's representative on the Board, the appointee may not disclose to his or her appointing authority or its counsel information received in a closed session of the Board. 2. Disclosure to Other State Department Executive Staff Members or Department Counsel We next consider whether our conclusion would be different where a member of the Board is a director of a state department, such as the Director of Fish and Game (Pub. Resources Code, § 33503, subd. (a)(6)), and designates an executive staff member to sit in his or her place. (Pub. Resources Code, § 33503, subd. (b).) May the designee disclose closed -session information to other department employees or department counsel? We conclude that our answer must remain the same: such disclosure would be prohibited. Preliminarily, we note that the designee's authority to discuss closed -session information with his or her principal, who is the ex officio member of the Board, is not in question. As we concluded in 72 Ops.Cal.Atty.Gen. 159, supra, such a discussion with the Board member would be permissible, since the designee would not be "giving out" the information. In our 1989 opinion, we explained: "[W]e believe that the Superintendent is the Commission member even when he selects a designee to serve in his place. He acts through the designee and is responsible for all acts of the designee with respect to the Commission's activities. The participation by the designee at an executive session of the Commission may be considered as though the Superintendent were personally present. The designee exercises the powers of and is subject to the restrictions governing the Superintendent and does not have independent membership authority on the Commission. "Returning to the controlling language of subdivision (a) of section 44248, we find that it refers to a Commission member `who releases or gives out' information without proper authorization. To `give out' is `to make known to or as if to the public.' (Webster's Third New Internat. Dict. (1966) p. 960.) `Release' may be similarly defined. (Id., at p. 1917.) "Here, the Superintendent is not to be considered a member of the public but rather is the Commission member. The Superintendent's designee does not `release or give out' Commission information by disclosing the 6 03-604 293 information to the Superintendent, a Commission member. The latter participates in the Commission's activities through his designee; disclosures between the two are outside the scope of section 44248." (Id. at pp.164-165.) The same analysis does not hold true for other department employees or department counsel; they are not members of the Board. The general rule is that closed - session access is permitted only to people who have "an official or essential role to play" in the closed meeting. (83 Ops.Cal.Atty.Gen., supra, at p. 225; see 82 Ops.Cal.Atty.Gen. 29, 33 (1999); 46 Ops.Cal.Atty.Gen. 34, 35 (1965).) The other employees of the state department and department counsel have no such role to play in a closed session of the Board. (See 83 Ops.Cal.Atty.Gen. 221, supra [mayor not entitled to attend closed session of city agency]; 82 Ops.Cal.Atty.Gen. 29, supra [alternate member of local commission not entitled to attend closed commission meeting even though commission and public would benefit].) Without the right to be present at a closed session of the Board, the other state department employees and department counsel would not qualify to receive closed -session information. (See 80 Ops.Cal.Atty.Gen., 231, 235-241 (1997); 76 Ops.Cal.Atty.Gen. 289, 290-291 (1993); cf. 85 Ops.Cal.Atty.Gen. 115, 122, fii. 4 (2002).) We note, however, that the Board's own staff and counsel would be available to provide advice to the Board members and their designees upon request. Accordingly, in answer to the second question, we conclude that where the director of a state department is a member of the Board by operation of law and designates an executive staff member to sit in his or her place, the designee may not disclose to other department employees or department counsel information received in a closed session of the Board. 7 03-604 DEPARTMENT REPORT: 3-A JANUARY 19 JANUARY 19-25 JANUARY 20 FEBRUARY 3 FEBRUARY 7 FEBRUARY 17 MARCH 2 MARCH 13 MARCH 16 MARCH 18-21 CITY COUNCIL'S UPCOMING EVENTS SILVERROCK RANCH GROUNDBREAKING BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT CITY COUNCIL MEETING CITY COUNCIL MEETING PET SHOW/DOG PARK DEDICATION - FRITZ BURNS PARK 1:00-2:30 P.M. CITY COUNCIL MEETING CITY COUNCIL MEETING TINY TOT OLYMPICS - FRITZ BURNS PARK 9:30-11:00 A.M. CITY COUNCIL MEETING LA QUINTA ART FOUNDATION ARTS FESTIVAL 095 January 2004 La Quinta City Council Monthly Planner .. - � 1 2 3 December 03 February 04 9:00 AM • 4:00 PM SJSR Ntl. Monument- . M T W T F S S M T W T F S ' ;. Henderson 1 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 10 11 12 13 6 9 10 11 12 13 14 New Years Day Extended New Years III �I I 14 15 16 17 18 19 20 15 16 17 18 19 20 21 (City Hall CLOSED) Holiday (City Hall 21 22 23 24 25 26 27 22 23 24 25 26 27 26 CLOSED) 28 29 30 31 29 5 6 7 8 9 10 4 2:00 PM City Council 10:00 AM ALRC 12:00 PM EnergylEnvi• 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 Com. Serv. Comm. 18 19 20 21 22 23 24 Martin Luther King's 9:00 AM CVA-Henderson 9:00 AM LAFCO- Birthday (CITY HALL 2:00 PM City Council Henderson CLOSED) Meeting *4 1:00 PM SilverRock Ranch Groundbreaking 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/ Com•Adolph Commission Comm -Osborne 12:00 PM Sunline•Adolph 4:00 PM DRRA Airp- Osborne ob Hope Chrysler CI... Printed by Calendar Creator Plus on 1/14/2004 9G 096 February 2004 La Quinta City Council Monthly Planner .. 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 11 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 A* Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp.- Commission Advisory Board Com nissien 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- Osbome 29 January March S M T W T F S S M TW 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 18 19 20 21 22 23 24 21 22 23 24 25 26 27 25 26 27 28 29 30 31 28 29 30 31 I' Printed by Calendar Creator Plus on 1/14/2004 �' f March 2004 La Quinta City Council Monthly Planner 1 2 3 4 5 6 j 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM • 4:00 PM SJSR Meeting NtL Monument - Henderson 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC• 12:00 PM EnergylEnvi- 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. Sent. 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 Humanl 9:00 AM LAFCO- Commission Comm•Osbome Henderson 12:00 PM Sunline•Adolph 1st Day of Spring 4:00 PM DRRA Airp- Osborne La Quinta Arts Festival 28 29 30 31 6:00 PM CVAG-Exec February April Corn -Adolph S MTW T F S S MTW T F S 1 2 3 4 5 6 7 1 2 3 8 9 10 11 12 13 14 4 5 6 7 8 9 10 15 16 17 18 19 20 21 11 12 13 14 15 16 17 22 23 24 25 26 27 28 18 19 20 21 22 23 24 29 25 26 27 28 29 30 Printed by Calendar Creator Plus on 1/14/2004 T L0:11 o``o�z • 4 V rY OF f9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety'-77�- DATE: January 20, 2004 RE: Monthly Department Report - December 2003 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of December. The reports depict the following highlights: • Year to date building permit valuation is $308,630,243.1 1 which represents an issuance of 4,051 building permits through December; 0 2,590 animal control cases have been handled through December; • 2,187 code compliance cases have been initiated through December; • 18 new licenses were issued to La Quinta based businesses in December; • $880.00 - garage sale permit income in December O99 S S O S S O S S S N r S S r M N W r of v o 0 0 4) 0 69 0 69 0 69 0 69 0 69 o 69 m 2 MO o 69 rn OD W) P^ t` U') Cn 6464 S 69 < CNr IDS g U m S ti S S S S S S S S S S S S S S OR a 0 U) 0 0 0 0 f9 0 691 0 GH9 0 69 0 (A 0 69 0 E9 0 69 0 E9 0 (9 o 64 co Z 2 64 64 E9 E9 G H O (C Q u4 Cl) M lOA ti S (WO S O 00 LO LQ O M O� ( CV 00 U) N co 6l (Q u�� R (CI co CO O N O N O 00 O � CA Qp p LO a0 CD I- CO N CO tD p U) t� O O N O (D N co P- OD to O U) I- N t` M N N 69 (O S 64 O O N N ; N e9 0 0 N r- Cl) 64 co 64 NN 64 64 off W qr 69 w W 64 S p S S S S LQS 01 C.? LO 00 O N ti CO n N O E9 OD CD O O 69 O 69 N In S 00 _0 W O CO lLO 00 69 Nt9 f� CO U 60 a00 a � � �, O (V 69 � � N co 64 w 69 S S v LO 8 S � S S S 8 000 N aoo �i o M V COD � 00 (OD v t0 co co N N S h U7 M S S n h CC LO O 0) co O U) N M O a) N (p Cp C7 �f) g N M O O — O — LA — CD M Ir - O (0 - 0 h %00 O zH M J r co 6�4 69 � A9 O 49 U) 64 69 (r0 �_ 69 NN N 69 Ld 64 64 Z {9 ca�� o W O O S N O O O S N S U) CO O N S O N O U� O) cq li. W m rL Q J M U) M O M N 0 Ci W (� U) pp M CM CA f` f� cC) In CO V It M le O G. U Q C) CD CO M In O CO (O CO m O N O O ('� U) CO M CO m O N p (0 (D n N to N M N O to I- OD E9 � OD N Cr) I- 0) OD N I- V CO O M U Z p Z ( CO 69 V('� 69 Co w 64 CA CO fA CO p O CV c,i v ui w 44 0 6c9 m = Vi lie S N � S S p O p S O7 S CCi S p O p O S 7 ao, O Z (00 LO 0 N U) CV 0 S V 8 O to p CO r- (O 0 CA 0 64 00 N S M O S N co 6H �t r- ('7 (O LO N N w aD co (O U) LO 0) fA l U Z N N 04 LO 6 W co 64 - Lo M M N n C 6H Cl 69 64 � 69 a 0 609 N 40 evt� O r O N e� to rV M O 04 O S a a0 (V N I -to M ~p J CN+) L 0 M O N M N N (07 CD C D p O M N OD � W p Z z F- U Q W W Z O O N I,-M C� M CO O a I- Lo N w O W O O O C'7 5 O 0 M y Z Q Q } Q O J Q Z W Q Q Q Q w w a Q Q Q U U z O Z O Q U ►= F= a LL t1 C9 Q a UJJR g w LL WWWW�-W z z 0 J p 0 Z 5 lu, 0 O J W lai O W U Q z O W W Q }a I- U O U m U w n n o a U � ANIMAL CONTROL REPORT FOR: December, 2003 Steve Alexander, Jackie Misuraca and Moises Rodarte Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 03 DATE 02 HANDLED DATE 03 DATE 02 Dogs Alive 18 362 356 Bite Reports 2 38 43 Dead 3 87 68 Animal Trap OTI 0 34 18 Set Ups 4 78 66 Cats Alive 8 203 212 Cruelty to Dead 3 77 76 Animals 0 3 6 OTI 0 3 8 Other Animals Alive 2 97 135 Vicious Animal Dead 1 71 75 Restraining 0 0 2 OTI 0 1 0 TOTAL ANIMALS Special Hour Patrols 0 11 41 Alive 28 662 703 Zoning 0 12 6 Dead 7 235 219 Lost/Found 38 457 422 OTI 0 38 26 Animal Rescue 0 18 25 Outside Agency 0 6 4 TOTAL ANIMALS REMOVED City Reclaims 8 152 134 Other 3 169 194 35 935 948 TOTALS 55 944 943 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 13 0 5 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 5 Other 0 0 0 MONTHLY TOTAL 13 0 10 YEAR TO DATE 247 21 443 TOTAL MONTHLY INCIDENTS HANDLED: Dec 03: 113 Dec 02: 252 TOTAL YEARLY INCIDENTS HANDLED: Dec 03: 2590 Dec 02: 2570 301 3 CODE COMPLIANCE STAT REPORT FOR December Dec 03 YEAR TO DATE 03 YEAR TO DATE 02 ABATEMENTS: Nuisance Abatements Started 72 1307 2126 Weed Abatements Started 8 123 187 Vehicle Abatements Started 33 741 922 Dwelling Abatements Started 2 16 40 TOTAL STARTED 115 2187 3275 TOTAL COMPLETED 103 1887 2884 Case Followups 306 5129 4175 Home Occupation Inspections 14 155 127 Business License Inspections 0 1 0 Garage Sale Permits Issued 88 1656 1576 4 M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N coz0�0a(10��f yla a a a a a a a a a a a a a? a a a N�Oe-,- NU')MOf�-toMOMN-it Or. r-O00COD —1 T MIrO1.Q1�-ONM�-I�� mr- W n �M � ti M 0 tl� Q N M 01 r rCD - � �� ti ti M ID ti N� ti�� ti 00 ti N ti ti CL � In lf) In tti L() In lti 11i O Ln Ln In In In In Ln In In N N N N N N N N N N N N N N N N N N � 0) m M m m 0) m m rn rn m 0) 0) 0) ONi M rn m d W �aQQQaQQQQQQaQQaQaQ �UUUUUUUUUUUUUUUUUU 'Z z_z_Z_z_z_z_Z_ZzZ_Z_z_z_zZZz_Z_ D Z) :) D > > > > > > > > > > :) > > .O000000000000000000 co �'�gg�g�g�Jgg�gg�ggg 0 Lo cz Q o 0 wCl) W akUJ k aa Q �H < pN>� FW--F--� FW--ND ON mw9wwOQwc,nw 055W OQ—mm Z O H W LU J>= Q H W w HW�`- mWQ�JZOW`"NwUM cnw 0 UQQw>'zw Wc~nc0n�9�p00�Nmt~na_w000 JZ�=W W �W WfnJOZ=L"Z W W v2CL:cR<caiaaaa �00000000000�n�no�noo�n�n 00 aD 00 M O O •- � � O 00 O ti 00 f� U z U U6 J I' J W p z z w OMa2 QH tA,O �wm ..o ww0wc) Cl) �wQ yN zpQl Oz HO J �0W OU U v��U cu y E WUZW�QpWU=U-JNCo 0 ~0dC v F-UZLu V Nm°-W U=wZazO2a C� oEgQ9OQQ_ixzdz>z00 wo yMW W WOz?O�Hp�W ° `�a9-1w.ac~-nwZ�X�wm29=Fg UmM72<Mmm000UUO0 WLLL(D Z> 0Me-►-0f- V 000e-e-vN000r-O000 C r- C0 M 00 M Il- O O r- O O M M v ti O O O Cl) ONr-N00N0NMOMNOO �000000000000000000 5 DEPARTMENT REPORT: 5 T4&t4 a vQ" TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 20, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF DECEMBER, 2003 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of December. P:\Monthly Report Folder\DEC 2003.doc 3 C 4 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT DECEMBER 2004 PROJECT DESCRIPTION CUP'S 0 submitted Development Agreements 0 submitted Environmental Assessments 1 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 0 submitted MUP's 10 submitted Parcel Maps 0 submitted Parcel Mergers 0 submitted Sign Permits 10 submitted Site Development Permits 2 submitted Specific Plans 0 submitted Tentative Tract Maps 1 submitted TUP's 1 submitted Zone Change 0 submitted Zoning Code Amendments 1 submitted P:\Monthly Report Folder\DEC 2003.doc 3!-, r 10 0 C) Q -� N O C C c U O E L ° aD IV .a M M O a)OO a7 :p0� a� cNN.0 U �� U r- cCv U 1 1 -i(L ++U <MCL cnU -p > o a M I Od �O N� 1 1 U U n.UO 'a L C C O N O �> O O > Q O `�' `C aci I y OUJ N [F �.p 1 O N cc tm c 'y MO J p y-- Q-a-vrn M 0 M N CN v +_O C� O co�� to C cn:3 a. -C N U accn O > a I M a N V a N > O" O Q> I a C,)Q 0 1 I?M �0) I N OC •JU Qa -a > O a Q M O M N N U a iC y N 0 c O O +_O+ C O M O O "� 5 M y m U cn 0 X a� O O rn M J c cn co E- m cC c n v a ra� of CL ccv o`+—°�N�� o 0 •m m EoQ C ++ p a V y +_ `� C C c0 N u�4'�°—CL N a) - U ca a C O p 0 p U 0 a) ++ 0 V 7 C y E O a 0 +, CIA U 0 N C cn 0^ N a `� N a C ca U- O o n - a 4-am�- .� _ � Na a Cl)� oc+o c = ° QZ o °+`& -> O I- ° V. 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QC7 D 0 0 U J J C O cn = o = o 75 c Q- ° c V-V (D +4 C- U s co U- C J C O •C O C c _a. m 311 DEPARTMENT REPORT: �O T-ilf 4 4Q" TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: JANUARY 20, 2604 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF DECEMBER 2003 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF FEBRUARY 2004: Feb 2 *Printshop Graphics Computer Class Feb 2 *Windows 98/ME/XP Computer Class Feb 2 *Introduction to the Computer Feb 3 *AARP Tax Assistance Feb 4 *Introduction to the Internet Feb 7 Neighborhood Pet Show, Fritz .Burns Dog Park Feb 10 *Knitting Class Feb 10 *Watercolor Lessons Feb 10 *Tap Dance Class Feb 10 Adobe Photoshop Advanced Course, Senior Center Feb 11 *Digital Photography Feb 11 *Sketching/ Drawing Class Feb 12 *Valentine's Luncheon Feb 12 Beginning Pilates, Senior Center Feb 12 Adobe Photoshop Beginning Course, Senior Center Feb 13 *Adult CPR & First Aid Class Feb 13 *Evening Ballroom Dance/ Social Feb 13 Big Bear Teen Skiing & Snowboarding Excursion Feb 13 Hatha Yoga, Senior Center Feb 17 *Arthritis Tai Chi Class Feb 17 *AARP Driver Safety Program Feb 18 *Hatha Yoga Class 312 Feb 18 Somatic Yoga, Senior Center Feb 23 Yoga Flexibility, Senior Center Feb 24 *Dog Training Class Feb 24 Tae Kwon Do, Senior Center *Daytime Senior Center class or activity Program Community Services Department Attendance Report for the Month of December 2003 Summary Sheet 2003 2002 Variance Sessions Per Month 2003 2002 Leisure Classes 67 52 15 50 22 Special Events 720 800 -80 3 2 Adult Sports 520 269 251 19 16 Senior Center 1327 1257 70 100 82 Total 2634 2378 256 172 122 Senior Services Senior Center 344 433 -89 12 14 Total 3" 433 -89 12 14 Sports Complex Use AYSO 420 1650 -1230 12 20 Desert Storm Baseball 20 0 20 10 0 Total 440 1650 -1210 22 20 LQ Community Park AYSO 980 0 980 18 0 Chad Kreuter Youth Baseball Camp 150 0 150 3 0 Total 1,130 0 1,130 21 0 Facility/Park Rentals Senior Center (Private Pa 400 0 400 2 0 (Churches) 490 0 490 7 0 LQ Community Park (Private Pa 200 0 200 5 0 Fritz Bums Park Total 1130 0 1130 15 0 Total Programs 1 5,6781 4,461 12171 242 156 Volunteer Hours Senior Center 1 3931 664 -271 Total Volunteer Hours 393 664 -271 314 r 3 Monthly Revenue - Facility Rentals Senior Center $ 4,802.00 $ - $ 4,802.00 Parks $ 300.00 $ - $ 300.00 Monthly Facility Revenue $ 5,102.00 $ - $ 5,102.00 Year to Date Facility Revenue $ 22,673.00 $ - $ 22,673.00 Monthly Revenue Senior Center $ 8,420.50 $ 3,359.50 $ 5,061.00 Community Services $ 1,962.00 $ 1 4,823.00 $ 2,861.00 Total Revenue $ 10,382.50 $ 8,182.50 $ - 2,200.00 Revenue Year to Date Senior Center $ 51,347.25 $ 32,664.00 $ 18,683.25 Community Services $ 56,827.00 $ 24,857.00 $ 31,970.00 Total Revenue to Date $ 108,174.25 $ 57,621.00 $ 50,653.25 315 qi..`f Community Services Program Report for December 2003 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Leisure Enrichment Mastering the Internet 6 0 6 3 0 Hatha Yoga 14 20 -6 6 6 Beginning Bell dance 8 0 8 2 0 Bell dance Level 2 2 0 2 2 0 Beginning Pilates 10 0 10 4 0 Tae Kwon Do 16 8 8 6 6 Adobe Photoshop Beginning2 7 -5 2 2 Adobe Photoshop Advance 1 0 1 2 0 Children's Fairy School 8 0 8 1 0 Totals 67 35 32 28 14 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Special Events Newport Harbor of Lights 20 0 20 1 0 Tree Lighting Ceremony 475 600 -125 1 1 Breakfast with Santa 2251 200 25 1 1 Totals 1 7201 800 -801 31 2 2003 2002 2003 2002 Participants Participants Variance Meetings Meetings Adult Sports. Open Gym Basketball 300 129 171 16 12 Adult Soccer League 220 140 80 3 4 Totals 5201 269 251 19 16 Recreation Totals 13071 11041 2031 Sol-32 316 H5 Senior Center Attendance ParticipationParticipation VarianceMeetings eetin s Senior Activities ACBL Bride 132 124 8 3 2 Big Band Dance 36 0 36 1 0 Bridge, Duplicate/Social 585 586 -1 16 18 Monthly Luncheon 116 111 5 1 1 Movie Time 41 42 -1 3 4 Tennis Social 9 13 -4 1 1 Senior Activity Total 919 876 43 25 26 Senior Leisure Classes Arts and Crafts 24 24 0 3 3 Ballroom Dance 33 13 20 3 2 Bridge Lessons 27 33 -6 4 2 Ceramics 8 17 -9 3 2 Computer 54 20 34 9 4 Computer Tutor 6 1 5 6 1 Dog Training Class 15 12 3 3 5 Exercise 49 50 -1 13 12 Golden Tones 61 79 -18 51 6 Knitting 8 12 -4 1 1 Quilting 27 10 17 3 1 Rug Hooking 9 15 -6 3 3 Sketching/Drawing 5 8 -3 3 1 Tai Chi 16 12 4 4 2 Tap Dance 16 16 0 3 3 Watercolor 13 5 8 3 1 Woodcarving 28 35 -7 3 4 Yoga 9 19 -10 3 3 Senior Leisure Classes Total 408 381 27 75 56 TOTAL SENIOR PROGRAMS 1327 1257 70 100 82 Senior Services AARP "55" Course 20 34 -14 2 2 Bono's Mobile Office 6 0 6 1 0 FIND Food Distribution 251 297 -46 3 4 I.I.D. Energy Assistance 14 16 -2 3 4 I.I.D. Energy Assistance/No fee 1 3 -2 1 2 Medicare/Hi Cap Consultation 4 9 -5 21 2 Volunteers 48 74 -26 n/a n/a TOTAL SENIOR SERVICES 344 433 -89 12 14 SENIOR CENTER TOTAL 16711 1690 -19 112 96 31"1, C ( 6 DEPARTMENT REPORT: S T4ht 4 atP Q" TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: January 20, 2004 RE: Public Works/Engineering Department Report for December 2003 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; 5. 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Ep C O O +, C O O O v�o C C O +' +O+ Ecn C tM O c a)cn V C c�cac� U- 0.•- cEE C O O O O [t O O 7 ca 0 7 E p .O Q C M co — M O O aD a M M 7 LL y c oC api O 4-1 c—' co }' c ( C E rn Cl) c C a 'a) F Co � cpi c vi _ N 'vs �° - > co +° a ai am M +-' U �' E ca 'cn -a .� a .Q c 4- E 3 U E W C N C N ca r- U co c> C C Q cc C O O co Q N Q "a x N p W O .y U >. O a) c C a c0 O (D N N N O C E C E c_ E C E C E N O O O z Z N .0 -0 -0 .0 .0 Up p O O O V Z c as 'E E E Q E -0W E C O O O O O W N N N O U ~ W 0 co c0 00 a d O O O V- (M 0) LO m d (� O M M co O CN N y c p C +� O N (D m U O 4- ca N (A 'O U 41 U) +•' O W a QN> W ° c cCc -a acn ci ,� aci E E cc E OCL U v } J o rn y J E O c C a N U O C y W LU Q M � -0 O O O `` a U. U-cn ��'� cn� cn� Qca 7. 24 0 O 0 MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: December, 2003 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. M . Code Activity 8 Men 1 Men 0 Man 1 Man Total 1000 Policing/Inspection 134 6 0 19 159 1001 Pot Hole -Repair/Patching 50 3 0 0 53 1002 Crack/Joint-Repair 01 0 0 0 1 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 6 0 0 0 6 1006 Other Traffic Controls 47 11 0 0 48 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 1 0 0 1 1009 Street Sign Install (New) 13 1 0 1 15 1010 Street Sign Repair/Maint 80 1 0 0 81 1011 Debris Removal 32 1 0 0 33 1012 Right of Way Maint. 371 0 0 37 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel Outlet/Vault 24 0 0 0 24 1022A Desert Club OutletlVault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 10 0 01. 10 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 144 0 0 0 144 1026 Street Sweeping (Hand) 0 0 01 0 1027 Sidewalk/Bike Path Cleaning 3 0 0 0 3 1028 Dust Control 01 0 0 0 1029 Flood Control 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-t 7 2 0 7 16 1041 Mowing/ Weeding, Shrubs & Tree Trimmir 5 3 0 0 8 1051 Landscape/irrigation Contract Managerner 0 40 0 12 52 1052 Lighting/Electrical Contract Management 0 30 0 12 42 1061 Small Tools Repair/Maint. 0 7 0 0 7 1062 Equipment Repair/Maint. 9 3 0 0 12 1063 Vehicle Repair Maint. 27 4 0 0 31 1081 Trash/Litter/Recycable Removal 20 2 0 5 27 1082 Vandalism Repairs 1 4 0 0 5 1083 Graffiti Removal 96 2 0 2 100 1084 Maint. Yard Building Maint. 63 1 0 0 64 1085 Seminars/Training 3 1 0 8 12 1086 Special Events 40 1 0 1 42 1087 Citizen Complaints/Requests 124 21 0 0 145 1088 Meeting 34 4 0 14 52 1089 Office (Phone, paper work, reports, Misc.) 45 13 0 31 89 SUBTOTAL 1054 152 0 112 1318 1091 Over Time 26 6 0 0 32 1094 Jury Duty( 16 16 1095 Sick Leave 94 8 0 0 102 1096 Vacation 72 8 56 136 1097 Holiday 2561 32 0 321 320 1098 AWOP 108 Q 0 0 108 1099 Bereavement 0 0 0 0 0 SUBTOTAL 572 54 0 88 714 TOTAL HOURS 1626 2061 0 200 2032 TOTAL MILES 45311 9151 01 2621 5708 32P M. T4at 4 4 Q" MEMORANDUM TO: Honorable Mayor and City Council Members FROM:othy R. Jonasson, Public Works Director/City Engineer VIA: Thomas P. Genovese, City Manager DATE: January 20, 2004 RE: Enhanced Landscape Plan for City Entrance at Highway 1 1 1 and Plaza La Quinta At the request of Mayor Adolph, I met with Ray Lopez, landscape architect, in front of the existing entrance monument adjacent to the Lumpy's golf store in order to consider landscape improvements to the parkway west of the monument sign. Attached is a draft design from our discussion for landscape and irrigation improvements to be installed between the City's monument sign and the recently completed landscape work done for the Indian Wells bicycle bridge project on Highway 111. The improvements call for irrigation with indigenous planting, Desert Fines, and natural rock out croppings to enhance the entrance to the City (see attached draft plan by Ray Lopez Associates). Unless there are objections to the plan, this plan will be submitted to Caltrans to start the Encroachment Permit process so that the improvements can be constructed by the La Quinta Chamber of Commerce sometime in the future. An update will be brought back to the City Council once the Encroachment Permit is secured and a construction schedule is established for the project. 32G 9 DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPOR T December 2003 3A27 City of La Quinta La Quinta Police Department Captain John Horton, Commanding December 2003 Highlights (Numbers in parenthesis denotes number of calls for service that day) Monday,12-01-03 (73): Deputy Pierce responded to a domestic Disturbance at the 51000 block of Sunset. The male subject, Jose Gonzalez, had an outstanding arrest warrant for poss. of a controlled substance. She subsequently took him into custody. Tuesday.12-02-03 (9 Traffic collision at SRI 11 and Dunes Palms. D-1 Maria Correra from Indio, D-2 Lizette Garcia from Thermal. Primary collision factor following too closely. Check the welfare at the 52000 block of Eisenhower, after a 911 call was made. Upon arrival Dep. Bashe found Cella Barros-Perez in her husbands pick-up bleeding from her left wrist. Perez told Dep.Bashe she wanted to die because she hit her husband and was a bad wife. She was transported to JFK fir treatment and mental illness. Dep. Speir responded to a spousal abuse call at the 53000 block of Avenida Bermudas. Ana Coyle stated her ex -boyfriend Robert Brown slammed her head into a dresser, kicked and punched her during argument at about 1600 hours, suspect left residence and returned two hours later. They got into a second argument with victim at which he slapped her in left ear in front of three witnesses. Victim had visible injuries, desires prosecution. Suspect was gone on arrival. Brown was later stopped by Cpl.Black and arrested. Brown was booked at the Indio jail. Wednesday,12-03-03 (82): No significant activity Thursday, 12-04-03 (65): Missing 12 year -old from cove area. He had been at friend's house and left to go home around 1800. However he left in opposite direction to his house on foot. Search of area, parks, and home, failed to locate him. He has failed to return home in past but not "runaway" per mother. Deputy Reynolds handled initial on W3 and Sgt. Shields assisted in search. Patrol to continue search of area and we renew efforts after 0600. LQ Set team (Wedertz) made pedestrian check in front of the 54000 block of Martinez and contacted Ramiro Diaz, 25. Diaz was under influence of drugs and admitted to having recently used. He was arrested and found to have methamphetamine on his person. He is active parole and was booked for parole violation as well. He is believed to be involved in the many car burgs in La Quinta. Friday,12-05-03 (71): Missing 12 year old from cove area was located after he returned home safely. Sgt. Pinon arrested David Guadalupe Martinez for burglary and receiving stolen property at Dune Palms and S.R. 111, in La Quinta. Martinez was observed leaving a closed business and was pedestrian checked. Sgt. Pinon recognized Martinez from a previous arrest for receiving stolen property. He was found in possession of stolen items from Wal-Mart and Ross Department store. Deputy Quintero arrested Luis Enrique Perez, during vehicle check at the 52000 block of Carranza. He had felony H&S warrant. Deputy Ervin arrested Marcos Cano, for possession of credit cards that had been reported as lost. He had been observed in area of a drug sales location that was being watched by the SET team and was stopped as he left. He had small amount of marijuana. Saturday,12-06-03 (37): Deputy Myers arrested Joe Meza, Cathedral City for poss. of a concealed weapon in a vehicle at Alvarado and Ensenada. He was contacted on ped-check and attempted to hide the gun and then threw it behind him as Myers approached. Weapon was a 38 caliber. Meza claims to be SSI. Sunday,12-07-03 (45): No significant activity documented. Monday,12-08-03 (60): No significant activity documented. Tuesday,12-09-03 (63): Dep. Quintero responded to the Dune Palms Mobile Home Park reference a report that Parolee at large, Teodoro Palomares, was at space #35. Four Deputies responded and Palomares was taken into custody without incident. 309 Wednesday,12-10-03 (90): Dep. Reynolds arrested Laura Hernandez of La Quinta, for violation of promise to appear or specified court order. Thursdav,l2-11-03 C8 Deputy Gaunt arrested Rodrigo Luna, poss. of a controlled substance and unsafe speeding at Adams and Ave 47 after he was stopped for driving 58mph in a 45 zone. Booked at the Indio Jail. $150,000 loss in residential burglary, at the 80000 block of Via Valerosa. Victim, Tom Bruttig, states suspect took 17th century hand painted dishes, VCR computer, 94 Dodge Viper and 95 Cadillac Deville. Victim had been moving into residence over past few weeks. Entry via side garage door. Deputy Burns arrested Adam Varel, Desert Shores, for kidnapping and terrorist threats after being flagged down by victim. She and suspect lived together and had been talking about separation. He agreed to take her to doctor appt but instead took her out in desert area. Threatened to kill her there. She fled on foot. Friday,12-12-03 (51): No significant activity Saturday. 12-13-03 (57): Deputy Ortega responded to CDF 70 at Ave. 54 and Madison in reference to a possible found human bone. Upon his arrival, Deputy Ortega learned that Mala Peratis, of Palm Desert, had found a bone while hiking along the canal at Ave. 54 with her dog. Sgt. Shields and Deputy Ortega met with Peratis at the canal, and searched the area for additional bones. We located one additional bone and collected it. Sgt. Taylor of CHU was advised. The bones were given to Deputy Werk of the Coroner's office who will give them to Deputy Gray for evaluation. Sunday,12-14-03 (44): Deputy Harter responded to Eisenhower Dr. and Calle Tampico to investigate a traffic accident. Upon arrival, he discovered that a white 1998 Ford Escort had collided into a parked white 1995 Honda Accord. The driver, Christian Moreno of Palm Desert and passenger Erika Hayes of La Quinta were at the scene. Moreno had sustained a minor cut to his right hand, and had the signs of being intoxicated. Hayes had a complaint of neck pain and fainted at the scene. Hayes also appeared to be very intoxicated. AMR transported both to JFK Hospital for medical treatment. The Escort was towed. The owner of the Honda was notified of the accident. Deputy Harter will charge Moreno for driving under the influence of alcohol. Because Moreno was being treated in the hospital 330 and it was uncertain if he was going to be medically released, Deputy Harter will file out of custody. Hayes was treated for minor injuries and was released from the hospital. Deputy Donivan responded to The Ranch at Ave. 58 and Madison in reference to a shots fired call. Upon his arrival, Deputy Donivan located Steven Flores, of Thermal holding a large piece of plywood and it appeared that Flores was talking to the plywood. Deputy Donivan detained Flores and located .2 grams of methamphetamine in his pants pocket. Flores was booked for poss. of a controlled substance. Monday, 12-15-03 (70): Deputy Augilasocho arrested Stephen Lee Carter, for grand theft and poss. of a controlled substance at La Quinta Wal-Mart. Tuesday,12-16-03 (95): Deputy Hughes and his trainee, Deputy Bianco, arrested Andres Garcia for an outstanding felony no bail warrant for carrying a loaded firearm and poss. of a deadly weapon during an arrest warrant service at the 52000 block of Avenida Juarez, in La Quinta. Wednesday,12-17-03 (46): No Significant activity to report Thursday,12-18-03 (67): Deputy Wedertz arrested Jeremy Kashkari for felony poss. of a controlled substance warrant during a vehicle stop at Desert Stream cross of Bridgette in La Quinta. Deputy Wedertz observed Kashkari driving through the Del Rey Development, possibly casing the area. Kashkari was booked into the Indio Jail. Friday, 12-19-03 (57): Deputy Ervin arrested Issac Casarrubias for driving under the influence of alcohol during a vehicle stop at Hwy I I I x La Quinta Drive. Casarrubias was booked into the Indio Jail. Saturday, 12-20-03 (58): Deputy Gaunt arrested Timmy Larsen of Thermal for driving under the influence of alcohol during a traffic stop at Ave. 47 and Washington St. Larsen's BAC was .18 & .19%. He was booked into the Jail. Deputy Ervin responded to the 50000 block of Washington St. (Villa Cortina Apt) ref. a call advising of subject drinking in the parking lot. Deputy Ervin arrived on scene and contact approx. 10-15 individuals. Four subjects were located in a vehicle. Cpl. Montez had them exit the vehicle at which time a small baggie of suspected methamphetamine was located on the seat. Daniel Aza admitted that the H&S belonged to him. Aza was arrested for poss. of a controlled substance, The three remaining passengers were booked for public intoxication. They were identified as Edson Delcid, Victor Flores and Lewis Miguel. Eight -year -old stuck by golf cart driven by Richard Robert Castro at the Greg Norman Course at PGA West. He was transported to Desert with fractured femur and head injuries. Handled by Deputy Alexander. Sunday,12-21-03 (54): Dep. Harter responded to a family dispute between mother and son at the 51000 block of Ave Rubio. Maria Estrada was arguing with her son, about his staying out late and she threw a drinking glass at him causing cuts to his left forearm and lower body. She was booked for willful harm or injury to a child. Monday.12-22-03 (61): Deputy Orr handled an unattended death at the 46000 block of Highland LQ. 86 yr. old male died in his sleep. Roommate found him this morning. Apparently he died of natural cause. Sgt Gnatek responded, however the Coroner did not respond. Dep. Brooker handled unattended death at the 50000 block of Paradise, LQ. 87-yr. old male passed away in his sleep. Sgt. Pena responded, appears natural. Private mortuary picked up body. Deputy Quintero arrested Troy Jones for under the influence of a controlled substance at Ramirez and Sinaloa. Tuesday, 12-23-03 (63): Deputy Lewis received a call of some lost hikers. Their ages ranged from 18-30 year of age. The hikers left this morning at 1030 hours enroute to Martinez Mountain, via Ave. 60 and Madison. They were supposed to return at 1730 hours. Lt. Walker was notified, and at his request Sgt. Ortiz was called. Search and rescue was activated. As the rescue team was about to conduct a search at 2355 hours, the hikers arrived safely. Wednesday,12-24-03 (62): Disturbing the peace at the53000 block of Avenida Vallejo, in La Quinta. Upon arrival victims Rosa and Mario Aguilar were fighting with several subjects and family members. Mario Aguilar sustained severe head injuries and contusions. Suspect was Victor Rene Valdez. Valdez was also breaking through residence. Point of entry was through living room window. Valdez was arrested and booked at the Indio jail for assault with a deadly weapon and unlawful entry. 3 03 Burglary occurred at the 81000 block of Ave. 53, reporting party Daniel Robert Williams, said the theft occurred between 122303 at about 2200 hours and 122403 at about 0600 hours. Property taken was three hard drives. Burglary at the 44000 block of N.Hariand, victim Jasan May, said the theft occurred between 2100 hours 122303 and 0545 hours 122403. Property taken was construction tools. Burglary at the 45000 block of Debbie Dr. victim, Billy Jo King said the theft occurred on 122303 at about 0600 hours and 122403 at about 0700 hours. Property taken was a breathing machine. Thursday, 12-25-03 (53): Dep. J.C. Garcia responded to the third call of loud music on Ave. Rubio and found loud music coming from a party at 53-080. He made contact at the front door with Juana Cordova, dob 032660, who advised they would turn down the music. As he was leaving, Raul Blanco, dob 092858, who was in the driveway, accosted him. Blanco was extremely intoxicated, hostile and began yelling at Dep. Garcia that the police always mess up his parties. Blanco was attempting to approach Dep. Garcia but family members physically held him back. Dep. Garcia admonished family members to take Blanco inside or he was going to be arrested, but they weren't able to control him. Dep. Garcia then decided to take him into custody for public intoxication and he began to fight. Dep. Garcia pepper sprayed him, and at that point the family turned on Dep. Garcia. The fight worked its way into the living room and Dep. Russo responded. During the struggle, a fifteen -year -old female, grabbed Dep. Garcia by the arm. The entire shift responded to assist and the female, Raul Blanco and Juana Cordova were taken into custody. Somehow during the struggle Cordova sustained a scratch under her left eye. Dep. Garcia complained of a sore knee but refused medical attention. Charges are 243 (b) and 148 P.C. and Blanco was charged with 647 (f) P.C. and he had warrants for 23152 V.C. LAR03359010. Deputies from La Quinta PD responded to 78350 Crestview Terrace in reference to a suicide. Upon their arrival, they spoke with Daniel Kennedy, 28 years, who stated that his girlfriend Karen Buehler, 40 years, had been depressed for the last two weeks, and had made verbal statements about wanting to die. When Kennedy returned home today, around 1840 hours, he found the bedroom door locked. After knocking on the door without getting a response, Kennedy removed the door handle to gain entry. Kennedy found Buehler hanging by a belt from the bathroom door handle, with Duct tape on her mouth. Kennedy immediately removed the belt and Duct tape, and attempted CPR. Sgt. Jameson arrived on scene, and pronounced Buehler dead. Sgt. Shields also responded, and called for CHU, Indio Investigations, Forensics, and the Coroner's Office. At this point, Investigator Nagles will handle the case as a suspicious death. Case number LAR03359031. 3�3 Friday, 12-26-03 (57): Burglary and breaking or removing vehicle parts at the 77000 block of Calle Madrid. Occurred on 122503 at about 2200 hours to 122603 at about 0720 hours. Victim Eric Golden parked and locked his vehicle on Calle Madrid in front of residence. Drivers side front window was smashed out and ignition damaged with screwdriver. Prints were located on driver's side door. Christmas stocking containing gift certificates were taken from inside vehicle. Vehicle is a 93 white Honda Accord. Inv.Eller arrested Jenny Kashkiari, of La Quinta and Laura Gaylor, of La Quints for stolen checks and credit cards. Suspects contacted during traffic stop at Via Sevilla and Washington. Suspect confessed to numerous mailbox thefts in the City of La Quinta. Subsequent consent search of a storage unit belonging to Kashkiari produced additional items of receiving stolen property, TV, Home PC and sliding door/construction theft. Follow Up to be conducted by La Quinta Set Team. Additional La Quinta case of burglary and forgery that occurred on 10-2003 closed during interview if Gaylor. Grand theft at the 52000 block of Avenida Navarro, reference someone jumped over wall of residence and took two dogs from property. One set of shoe impressions were located no other evidence of suspect leads were found. One dog was a Bassett Hound, 70 lbs.; second dog was a Terrier. DUI traffic collision at Beer Hunter, D-1 Marilee Devries from Palm Desert. BAC .21% primary collision factor driving under the influence of alcohol. Dep.Adams arrested Stephen Nepa of Las Vegas, for driving under the influence. BAC .10% arrested the passenger Kristen Coroacchio of Philadelphia for public intoxication. Dep.Gaunt arrested Lisa Terredanio of Palm Desert, for driving under the influence of alcohol after a traffic stop for lane roadway at Adams and SR 111. Terredanio refused all Field Sobriety Tests and refused to submit to blood or breath test at the Indio jail. Grand theft at the 57000 block of Meion PGA West in La Quinta. A 9mm Sig. P226 with spare magazine SN# 041849 was stolen from unlocked vehicle. Victim George Urnett last saw his handgun on Thursday, 122403 at about 1700 hours. Found handgun missing on Saturday, 122703 at about 0930 hours. Saturday,12-27-03 (54): Protestors at the Vons in La Quinta organized a rally to protest the lock out of union employees by Vons. There were approximately 50 protestors who were harassing customers as they entered Vons. Numerous disturbing the peace calls were received from store customers. Sgt. Shields, Deputy Diaz and Deputy Zamora responded to keep the peace. 3004 Sunday.12-28-03 (SU Deputy Hendry was dispatched to the 53000 block of Ave. Herrera reference a disturbance call. Upon arrival, he met with Carmen Galindo, 36 years old and Marco Galindo. Carmen claimed she and Marco (her husband) were involved in a heated argument. During the argument, Marco grabbed her left arm and forced her wedding ring off her finger. Deputy Hendry arrested Marco for resisting arrest and booked him into the Indio Jail. Deputy Moore arrested James Docken for public intoxication at Circle K, in La Quinta. The incident was initially reported by an off duty Beaumont Police Officer, Francisco Velasquez. During the incident the officer physically detained Docken after a verbal confrontation until the Deputies arrived at the scene. Deputy Gaunt -Arrested John Crowe, 75 years old, from LaQuinta for DUI at Washington St X Ave 48. BAC .13 Deputy Adams -Arrested Paul Leonard Egerstrom, 80 yrs old from Palm Desert for DUI. BAC .14 Monday,12-29-03 (53): Deputy Gerrard arrested Clayton Marshall Freeman for a temporary restraining order violation at the 78000 block of Via Caliente, in La Quinta. Tuesday.12-30-03 (43L Deputy Wedertz was flagged down while working LQ SET driving through the parking lot of Wal-Mart regarding a shoplifter who had just fled the store. Deputy Wedertz and Quintero began checking the area and located the suspect at the Jack -in -the Box nearby. The investigation revealed that Richard Villegas (HMA, 34 years, Transient) had stolen several items from Wal-Mart by using wire cutters to remove the security tabs. All the stolen property was recovered and Villegas true identity was determined at the jail when he was recognized by booking deputies (his correct name is listed here, he provided another when first arrested). Villegas was booked for burglary, poss. of burglary tools, false identification and a warrant. Villegas was also on parole and a parole hold was obtained. Deputy Bashe cited and released Ruben Gonzalez for two outstanding warrants for battery and Domestic battery and public intoxication. at Desert Rock, in La Quinta. Gonzalez was involved in disturbance at the above location. Deputy Lewis arrested Sonseahray Mindiola for burglary at the 85000 block of Middleton Road, in Thermal. Mindiola broke into her mothers' house and stole several personal items. Mindiola admitted to breaking into her mother's house and taking the items. During this theft, Mindiola's sisters' car was also stolen. During this investigation, 3%3 Minidola admitted knowing who stole her sister's car and agreed to point out its location. She also had information regarding a methamphetamine lab. S.I.B was called and as of midnight, they were still investigating this information. Wednesday,12-31-03 (66)- Traffic collision at SR111 and Washington St. Shannon June Le of Beverly Hills attempted to pass a tractor -trailer on the right. The tractor -trailer was being driven by Manuel Zurita. Le collided into the right side of the tractor. Theft at the 79000 block of Hwy I I I in the city of La Quinta. A black female adult used a stolen credit card at the Chevron gas station and obtained approximately $40.00 in fuel. Suspects vehicle license plate 6P40089. An infield was conducted at the 85000 block of Nile Ln. in Coachella. Vic was 99 percent sure that a Stephanie Smith passed the credit card. Video will be obtained tomorrow. Investigation continued. Arrested Jose Gallegos from La Quinta, for driving under the influence. BAC .16 % Traffic collision at Washington and Ave. 48. D-1 Magaleno Lopez Rosales from Indio, D-2 Gloria Ann Ortero from La Quinta. Primary collision factor lane roadway. Total calls for service: 1932 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT December 2003 School: La Quinta High School Deputy: Robert Brooker 13- Criminal Reports 1- Non Criminal Incidents 6- Arrests 0- DA Filings 1- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Business Checks School Session: December 1st through December 31 st, 2003 Highlights: • This period of time included the two -week winter break. • I assisted the school staff with several medical aids and parents who are having problems with their high school age children. • 1 handled incidents on and off school grounds to include civil disputes between students, a student with a knife on campus, threatening phone calls to a student's cell phone (which should have been turned off), thefts of cell phones and cash from the girls locker room, and truancies. • In addition to the incidents described above, I participated in the expulsion hearings of the students involved in the computer hacking/grade changing case I handled in November, and the expulsion hearing for a male student who committed sexual battery on five different female students. I investigated the sexual battery case during the same time frame as the computer hacking case. Both cases have been sent to the District Attorney for criminal charges on all. The expulsion hearings resulted in; the one student who actually hacked into the school computer was expelled, and the male student who committed sexual battery was expelled. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT December 2003 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position School Session: December 1st through December 31st, 2003. HIGHLIGHTS: 1 attended two expulsion hearings resulting in both students being expelled from the middle school. Both hearings were reference a battery on school grounds. Spoke with a student regarding him making a 911 hang up call from a pay phone at the La Quinta Sports Complex. Student was referred to YAT Handled a battery case were one student assaulted another student over a CD. The case was referred to the Juvenile DA. Received information reference students in possession of marijuana. Three students were contacted. One student found to be in possession of a smoked joint. All three students referred to YAT. Handled a battery case where one student threw an object at another student in class. Case referred to YAT. Received information regarding kids drinking alcohol (Bud Lite) on the morning school bus. Six students were contacted and admitted to drinking. All were referred to YAT. Speed Violations (Fail to Yield urning Violations Stop Sign Violations LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS DECEMBER 2003 Prepared By: Deputy Dave Adams 80 Lane Change Violation Tows 31 Seat Belt Violations 10 Injury T/C ® DUI Arrests 11 Non -Injury T/C 14 11 Misd. Arrest ® Suspended DL 22 nal Light Violations 20 Felony arrest ild Seat Violations 4 Warnings 82 HIGHLIGHTS Non -Moving 86 H&S 1 0 120203 - Non -injury T/C @ SR 111 and Dune palms Rd. PCF 22350 CVC. 120203 - Non -injury T/C @ Washington St. and Channel Dr. PCF 21453(a) CVC. 120303 - Non -injury T/C @ SR 111 and Adams St. PCF 21801(a) CVC. 120303 - Non -injury T/C @ Fred Waring Dr. and Jefferson St. PCF 21453(a) CVC. 120803 - Non -injury T/C @ Auto Center Dr. and Auto Center Parkway. PCF 22107 CVC. 120803 - Non -injury T/C @ SR 111 and Washington St. PCF 21703 CVC. 121003 - Non -injury T/C @ Fred Waring and Adams St. PCF 21703 CVC. 121103 - Noninjury T/C @ Fred Waring Dr. and Washington St. PCF 23114(a) CVC. 121303 - DUI @ Washington St. and Channel Dr. LAR03347046. 121503 - Non -injury T/C @ Sonora and Ramirez. PCF 22450(a) CVC. 121603 - Non -injury DUI T/C @ Calle Tampico and Avenida Bermudas. 121803 - DUI @ Washington St. and Ave. 48. LAR03353001. 121903 - Hit & Run @ Washington St. and Simon Dr. PCF 21658(a) CVC. 122603 - Non -injury DUI T/C @ 78483 SR 111 (Beerhunter). 122603 - Hit & Run @ SR 111 and Simon Dr. PCF 21956(a) CVC. 122703 - DUI @ Eisenhower Dr. and Coachella Dr. LAR03361001. 122803 - DUI @ Washington St. and Calle Tampico. LAR03362006. 122803 - DUI @ Miles Ave. and Bridgette. LAR03362037. 123103 - DUI @ Miles Ave. and Adams St. LAR03365060. 123103 - Non -injury T/C @ Washington St. and Rancho La Quinta. PCF 21568(a) CVC. La Quinta Police Department Special Enforcement Team Monthly Report DEC., 2003 (Dep. Coleman, Dep. Myers, Dep.Wedertz, Cpl. Black) The following is a summary of the Special Enforcement Team activities for the month of December. Ongoing Investigations 6 Probation Searches 0 Parole Searches 1 Arrests/ Filings 8 Vehicle checks 15 Business Contacts 2 Investigation assists 3 Arrest Warrants Served 2 Arrest Warrants Attempted 4 Programs 1 Pedestrian Checks 7 Crime Prevention Hours 360 Bar Checks 4 Back-ups 15 Follow-ups 18 Search Warrants 1 Meetings 1 Recovered Stolen Property 1 Citations issued 2 Surveillance's 1 Property Checks 22 Civil Commitments 0 Bicycle Time 10 Training Hours 14 Illegal Drugs Seized 0 Total Mileage: 1925 miles Noteworthv Accomplishments: ♦ Arrested Joe Meza, 22 years of Indio, for Felon in possession of a loaded firearm. ♦ Arrested Rene Ruiz, 36 years of Desert Hot Springs, for 3056 PC (Parolee at Large). ♦ Arrested Ramiro Diaz, 25 yrs of Indio, for 11550 H&S and parole violation. ♦ Arrested Luis Enrique Perez, 33 yrs of La Quinta, for outstanding felony warrant. ♦ Arrested Robert Brown, 19 yrs of La Quinta, for domestic violence. ♦ Arrested Richard Taylor, 33 yrs of Coachella, for commercial burglary and parole violation. ♦ Arrested Mark Ashley Lemmerman, 41 yrs of Indio, for public intoxication. ♦ Several ongoing investigations relating to check forgery, fraudulent use of credit cards, burglary, and possession of stolen property. Search warrants and arrests pending. 3110 City of La Quinta Community Oriented Policing Office and Volunteers Report December, 2003 Highlights: • The volunteer program presently has eight volunteers staffing the La Quinta office full time. • Six new volunteers are finishing their training in La Quinta before they are considered for staffing. • All volunteers receive ongoing training in all areas. In January classes will begin once per month in all departments to familiarize all volunteers with various procedures throughout the department. • One volunteer has been entering all La Quinta traffic collisions, traffic and parking citations into the system from the COPS Office. One volunteer will assist in implementing the Crime Free Multi Housing Program in January. One volunteer is assisting with weapons identification. One volunteer is assisting with Statistics. • The bicycle registration program has been implemented and the community will be informed through newspaper, The Gem, in the schools, etc. • There is a new program called "Operation Identification" and the volunteers will assist in checking out engraving tools and assisting the community is identifying their property. • Volunteer Hours and Monthly CPO Stats Mnnthly YTD Totals (4/03 to Present Hours 259 1,476 1,476 Visits 130 1 1,282 1,282 341 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 December 2003 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard December was a busy month for Explorer Post 503 Explorers. There were 2 training meetings, 1 banquet, and 5 volunteer events. Training meetings were held on December 3 and 10. The meetings covered patrol tactics, 10 and 11 Codes training, leadership orals and elections for 2004, and physical training. Deputy Alvarado and I coordinated the patrol tactics training. I supervised the physical training and gave the 10 and 11 Codes quiz. Deputy Pierce, and I supervised the oral interviews for the 2004 leadership positions. During the December 17 banquet at Sizzler in Indio, Explorer Post 503 leaders for 2004 were announced. Alejandro Barragan stayed as captain. Trinidad Arredondo remained as lieutenant. Juan Viramontes continued as sergeant. Michael Yocom earned the rank of sergeant. Rick Zendejas and Tammy Reyes moved up to the rank of corporal. Several Explorer Post 503 members volunteered and assisted with the following events: 1. Crowd and traffic control at the December 12-14 Indian Pow -Wow event in Coachella. 2. Crowd and traffic control at the December 26 George Lopez concert in Coachella, and 3. Distributed no shooting warning fliers in the La Quinta Cove area on December 30. Longtime Post 503 member Andy Martinez was hired as a Riverside County Sheriffs Department Deputy Sheriff. Andy Martinez just successfully completed 6 months of basic academy training in Riverside. Andy Martinez will be assigned to the Indio Jail. Congratulations to Deputy Andy Martinez! 342 C E STATISTICS SUMMARY NOVEMBER 2003 343 CITY OF LA QUINTA NOVEMBER CRIME COMPARISONS CPI IE NOVEMBER 2003 NOVEMBER 2002 YTD (03) YTD (02) HOMICIDE 0 0 2 3 RAPE 1 0 9 7 SEX CRIME (FEL) 1 0 13 11 SEX CRIME D 2 1 13 19 ROBBERY 2 2 19 19 ASSAULT L 11 13 98 104 ASSAULT SD 22 30 191 220 BURGLARY 77 40 650 544 VEHICLE TH KFT 12 7 107 128 THEFT (FEL 29 20 248 281 THEFT (MISI 43 48 372 465 VANDALISM W HSD)19 21 294 364 DOM. VIOLE WE 10 22 137 129 NARCOTICS 7 9 72 114 DUI 11 4 78 120 T/C NON-INJI RY 45 46 321 573 T/C INJURY 1 7 27 78 T/C FATAL 0 0 2 2 TRAFFTC CIT TIONS 464 700 3556 4911 2003 STATIST S DO NOT INCLUDE ATTEMPTS 344 z w ry CL w 0 w U J 0 Q H z C� Q J M O N m 2 `wJ 0 z v / z /0 VNi 0 U cw LL U I I I I I I O I I I (V I I I rn I I I I I 1 N I I 1 I I 1 I 1 1 I I I 1 I I 1 I I I I I 1 I I I 1 I I I I N I I I 1 I I I 1 1 I I I I I 1 I I I I OI I I I I I I ) \� I I I 1M I I I I 1 I I I I I 1 I I I 1 I I I 1 I t I 1 I I I 1 I I I 1 I I I I I I I I I I I I I N1 I I I I I I I I I 1 I I 1 I I NI I I I I I I I I I I I 1 I I I I O I I I I I I I I I I I I 1 I I I 1 I I I 1 I I I I I 1 I I I 1 I I I 1 O I I I I I I i I I 1 I I 1 I I I I I I 1 I I I I I 1 I I I I I I O I 1 I I I I I I I I I I I I I O 00 co dam' N m w 345 z w ry w 0 w 0 J d Q H z Z) Q J M N O O CV N I I I I I I I I I I I 1 N I 1 I I I co coI I I I I I I N I I I I I I r I I I I I I I I I I I I 1 O f I I I I I I I I 1 1 1 I I O Lr) I I I I I I I I 1 I 1 1 I I I 1 1 1 1 I I 1 I I I I I I I I I 1 1 M TWT I I I I I I I I I I I I I I I I 1 I 1 I T I I I I I I I I I I I I I 1 I I I I I I I 0) I I I 1 1 I I r I I I I I I 1 I 1 I I I I I 1 I I I I I I M I I I I I I 1 I I I I I I I I I I I I I I 1 1 I I 1 I I I I I I I I I I I I 1 I I 1 I I I I 1 I i 1 1 1 I 1 I I I I I I I I I 1 I I I I I 1 I I I I I I I I I I I I I I I 1 1 I I I I M ♦' I I I I I I I I I I I I i I 1 N O O O O O O O O I` CO LO It M N r- w w Wx m v J Q w m m cw G xU W ro w U x 346 F- z w 0. ry w 0 w 0 J CL M O N m 2 W 0 Z Z 0 F— m U) 0 W U a D� m U Ci IZ9 W C''i I - F- 347 z w ry w 0 w U J Q Q H z :D Q J CM O N W m 2 W O z U) z O Z> O U Q^ V D m M N O O N N 00 z z ■ ■ w I I I I I I I 1 I I I I I I I I I 1 1 I I I I I I I I 11_ I I I 1 w I I I I I t I I I I I I I I I (Y) I I I I I I I I t I I I a U I I I I I 1 I I M I I I I I I I I O w U I ti = w M I > O w I I I I 0 I I I 1 I I I I I I I I I 1 I I 1 I I 1 J I 1 I I I I I I I I I 1 I I I I 1 I I I I I 1 ww t I 1 I I I I I I I I I n VVVT I I I I I , I O I I I I I r I I M I � ui o w , I I M O O tt0 N 348 1� w h Q w 0 a J M O U mQ wW O� Z0 ULLI _Q wQ Uo O[L J w Q w Oo wC/) Ow M N O O OO Z Z ■ ■ 349 M O N Z W LIJ � U W OQ zF- ry WU) U w D r1 W O W es/ w O. Q 0 OLL ui v JIL QIL UU- LL W 0= O zU) Oo L.L L Q Z 0 w U ~' j D W o Da 0 Q W CO co CO m M N O O N N 00 I I I I I I I I 1 I I I I I I I Y , I I I M I I I I I I I I I I M I W I I I I i 1 1 1 I I I I I I I I 1 I I I I I I 1 1 i I I I I I I I Go I I I I I I 1 I I I I I I I I 1 I CD I 1 I 1 I I � I I I O I O I I I I I � I I I 1 I I I N I I I ♦/1 I I W I I I O � I I I I I � I I I I I I I 1 I 1 I I I I I I LO I M I W I �I I 1 col .I or !�1 I 1 I I I I I U') o L o N N � LO o 300 z LLJ M 0 ry W m W CL > O w Z 0 LLJ U U a LL LL 0LL � Q o z � O z � a U a J M N C) O N N 00 z z ■ I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I O I I 1 I I I I I I I 1 I I I I I 1 I I I I I 1 I 1 I I I I I I I I I I I I I 1 I I I I I I I I I I I I 1 I I I I I I I 1 I I I O 1 I I 1 I I I I I I 1 1 I I 1 I I I I I I I 1 I I I 1 1 I 1 I I I 1 I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I 1 I 1 I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I 1 I 1 i 1 I I I I 1 1 I 1 I I I t I I I 1 I I I I I 1 I I I I I I I I 1 I I I I I I 1 I I I 1 I I i I I I 1 I I I 1 I I I I I I 1 1 I 1 I I I I 1 i I 1 I I I I i I I I I I I I I I 1 1 I I I co I I I 1 I I I 1W I I I 1 I I I 1 I I I 1 I I I I I I 1 1 1 1 I I I I 1 1 1 I I I I i 1 I 1 I I I I 1 I I 1 I I I I I I 1 I I I I i I I 1 I I I I I I I I I I 1 I I I 1 I I I I I I 1 I I 1 I I I i I 1 A0 1 1 I I I 1 I T✓ I I I I I I I I I I I I I I O O O O O O O (0 d' N i Z I.L D Z 1 Z Z Z O Q U U LL LL L9 L 351 CITY OF LA QUINTA DI PATCH INFORMATION / NOVEMBER 2003 TYPE OF L RESPONSE TIME MNUTES) NUMBER OF INCIDENTS EMERGENCY 2 2 ROUTI 8 1 1235 *STATS TAKENFROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT NIE i! Deficit Borrowing Plans of the State of California An explanation of the State's Cash Flow Situation and Possible Solutions Friday, December S was the initial deadline for the Governor and the Legislature to put a deficit bond/spending cap proposal on the March ballot. All State Legislators and fiscal staff had to be in Sacramento that day, meaning that some key speakers at the League of Cities' Finance Officer's meeting in San Diego cancelled at the last minute. To fill the schedule. Paul Rosenstiel of E. J. De La Rosa & Co. gave an impromptu talk at lunch about cash flow and bond financing issues at the State. E. J. De La Rosa & Co. is financial advisor to the State Controller's office for its short-term borrowings and has been appointed a eo-senior manager on the $10.7 billion Fiscal Recovery Bonds. Because of the great interest in Paul's talk, we have prepared the following report that reviews what Paul discussed and updates it for developments since December S. The report was prepared by E. J. De La Rosa & Co. not in its official capacity as an investment banker to the State of California. Instead, it is solely the product of E. J. De La Rosa & Co. and reflects only the understanding and perspective of E..J. De La Rosa & Co. and not of the State. One of the overriding considerations of the State as it wrestles with its budget problems is the fact that. it has S 14 billion of short-term debt maturing in June 2004. In addition to'all other concerns — including paying the VLF backfill - the State must have enough cash five months from now to be able to repay those loans. The State's plan is to borrowfor that money, preferably over the long-term. Three different borrowing plans are possible. 1. The fast is part of the 2003-04 Budget: The budget authorized the issuance of bonds (to be known as.the_Fiscal Recovery Bonds, or FRBs) to finance the 510.7 billion deficit accumulated through June 30, 2003. These bonds must withstand legal challenges to be issued h E. J. De La Rosa & Co., Inc. 2. The second are the Economic Recovery Bonds (ERBs) which the Legislature and Governor placed on the March 2 ballot. The ERBs are to finance the accumulated deficit for one year longer — through June 30, 2004 — but the amount of bonds that can be issued cannot exceed S15 billion. These bonds must be approved by majority vote on March 2. Additionally, the bonds can only be issued if the Califomia Balanced Budget Act, a constitutional amendment that will also be on the March 2 ballot, is approved. 3. Finally, if the FRBs are declared illegal and the ERBs are voted down, the State would try to issue new short-term debt (known as Revenue Anticipation Warrants, or RAWs) to refund the debt coming due in June. Before describing each of these in more detail, let's review why we have so much short-term debt in the first place. Why So Much Short -Term Debt? The State of California, like most governments, receives its revenues in an irregular patter over the year, while it makes its expenditures on a more regular schedule. Therefore, there are times that the State must borrow short-term to have enough cash to pay the bills. T.he;v:State - does ...these borrowings. as Revenue Anticipation -Notes -(RANs) which are issued and repaid in the same fiscal. year. Furthermore, they can be issued only after the State has enacted a budget. The State does these borrowings almost every year. In 2002, the State issued $12.5 'billion of RANS that matured in June 2003. This year, the State issued S3 billion of RANs in October that mature in June 2004. In years of greater fiscal stress, the State can also issue RAWs. These can be issued in one fiscal year and. repaid in the next, and do not require enactment of i budget for the year in which they mature prior to their issuance. The State issued RAWs during several years. of the early 1990s. It issued 57.5 billion in 2002 that January 2004 353 was repaid by January 2003. With the maturity of the $12.5 billion of RANs approaching in June 2003, and the State being short of cash because of the $10.7 billion budget deficit that was accumulating, the State had to issue more RAWs to repay the RANs. So, on June 18, 2003, the State issued $I I billion of RAWs. This coming June, the $1 I billion of RAWs and the $3 billion of RANs will mature. Being sure the State can repay them is a high priority. Fiscal Recovery Bonds For the FRBs to be included in the budget enacted last summer, they had to be structured so that they didn't require a vote of the people, since no statewide election was planned until March 2004. Meeting that requirement is why we have the triple flip and also why the FRBs are subject to a legal challenge. The FRBs_ were structured so that they are not an obligation of the general fund and the payment of debt service is subject to annual appropriation by the Legislature. These two provisions are designed so the FRBs are not considered a debt of the State, which would require voter approval. The triple flip makes the bonds not an obligation of the general fund. The State enacts a new half cent sales tax, the proceeds of which are deposited in the Fiscal Recovery Fund rather than the general fund. In order that taxpayers see no difference in their sales tax rate, . the local Bradley -Bums sales tax is reduced by a half cent. To reimburse local governments, they receive more property tax revenues at the. expense of the schools. And, since the State's general fund must ensure school funding to the extent schools don't receive enough money from the property tax, the general fund makes the schools whole for the property tax they lose. Debt service is therefore paid from the Fiscal Recovery Fund, rather than the general fund. Furthermore, the payment is subject to annual appropriation by the Legislature. The Legislature has no obligation to appropriate and, if it does not, bondholders will not be paid. However, if the Legislature does not appropriate, money in the Fiscal Recovery Fund may not be used for another purpose. This requirement to appropriate is similar to that required with Certificates of Participation or Lease Revenue Bonds, which are both legal under California law and enjoy strong investor acceptance. The half cent sales tax is expected to produce $2.3 - $2.5 billion per year. This would enable the State to repay the bonds in 5 = 7 years. It would also increase E.. J. De La Rosa & Co., Inc. 2 the State's structural deficit by $2.3 - $2.5 billion per year until the bonds are repaid. With the triple flip, the FRBs are sales tax bonds rather than bonds secured by the general fund (general obligation bonds or lease revenue bonds). This is likely to make the bonds more marketable. One reason is that the credit is insulated from the troubles of the general fund and may have a higher rating than the State's GOs (which currently have ratings of Baal/BBB/BBB). Offsetting that, however, will be an evaluation of how much risk is introduced by the requirement to appropriate debt service annually. Second, the FRBs will be a new credit for which there might be greater investor and bond insurance capacity. With the volume of general fund debt the State has issued, some investors and bond insurers, who are limited in how much exposure they can have to any one credit, have used up much of that capacity with the State. As a sales tax credit, the FRBs will not face that problem. The Pacific Legal Foundation, on behalf of the Fullerton Association of Concerned Taxpayers, filed a lawsuit in September challenging the legality of the FRBs. The PLF lawsuit claims that, despite the triple flip and the creation of . the Fiscal Recovery Fund, "Following the money trail demonstrates that repayment of the bonds is ultimately derived from the state's General Fund." Furthermore, the lawsuit argues that the requirement to appropriate annually is "purely a matter of form, not of substance. Common sense and economic realities prevent the Legislature from reneging on the repayments due bondholders without catastrophic fiscal consequences for the state and its credit." Finally, the lawsuit contends that the Constitution prohibits the issuance of debt to pay the. State's accumulated deficit, as the FRBs would do. The Constitution requires that debt be issued "for some single object or work to be distinctly specified." This, the PLF contends, cannot include the accumulated deficit since that "represents the cost of the general and day -today operations" of the State government. The bonds will be issued by the newly created Fiscal Recovery Financing Authority, which is chaired by the Director of Finance and includes the Governor, Treasurer, Controller and three other gubernatorial appointees. On December 5, the Authority approved bond documents and authorized issuance of the bonds. The State Attorney General filed a validation action with .the. courts on December 15 requesting that the courts rule that the bonds are legal. It is now up to the courts to act. It will likely be several months before there is a conclusive ruling, especially since any lower court decision could be appealed to the State Supreme Court. January2004 �CJ Economic Recovery Bonds The Economic Recovery Bond Act will be before the voters on March 2. It would authorize the issuance of up to $15 billion of bonds to repay the accumulated State budget deficit. It is designed to overcome the legal challenges to the FRBs. The. ERBs will be voter approved and, therefore, constitute debt. As debt, they will not require the annual appropriation of debt service by the Legislature. Furthermore, the companion ballot measure, the Constitutional Amendment that would require, a balanced budget, would also amend the Constitution to define a "single object or work" for which the State may incur debt to include the funding of the deficit with the ERBs. Therefore, changing the Constitution eliminates the Constitutional challenge that the State cannot issue debt to pay past operating expenses.. The ERBs are "double-barreled" bonds. Like the FRBs, they are secured by the pledge of a discrete levy of the sales tax. In addition, to the extent that. the sales tax revenue is insufficient to pay debt service, they are also a general obligation. of the State: With the sales tax pledge, the bonds should benefit from being a new credit, as discussed above with respect to the FRBs. The sales tax pledge means that the triple flip is a part of the ERBs, though it's only a quarter cent of the sales tax. As with the FRBs, the triple flip would begin on July 1, 2004. Using only a quarter cent sales tax could require nearly 20 years to repay the bonds. In negotiating the plan in the Legislature, there was much -opposition to having the bonds remain outstanding for too long. To address that, another source of money — made available through the balanced budget amendment — would also be used to pay debt service and consequently reduce the term of the bonds significantly. The balanced budget amendment requires the creation of a reserve (the Budget Stabilization Account) beginning in the 2006-07 fiscal year. The State must set aside 1% of general fund revenues in that year, 2% in the next and 3% in all subsequent years until the reserve equals the greater of 5% of general fund revenues or $8 billion. However, for as long as the ERBs are outstanding, half of all money allocated to the reserve must be used to pay debt service on the ERBs, up to an aggregate amount of S5 billion over the life of the bonds. The use of the reserve moneys will probably reduce the final maturity of the ERBs to nine or ten years, depending on how fast sales tax and general fund revenues grow. It also means that the impact of the ERBs on the general fund — especially in 2004-05 - is limited to what a quarter cent of the sales tax will produce. This makes the job of balancing the 2004-05 budget easier by at least a billion dollars compared to the FRBs. Revenue Anticipation Warrants If neither the FRBs nor the ERBs can be issued, the State will try to redeem the maturing RANs and RAWs. in June by issuing new RAWs. Unless the State enacts a budget by mid -June (which is unlikely based on historical experience), the RAWs will be issued before there is a 2004-05 budget. Even though there may not be a budget, the State will have to demonstrate to investors how the RAWs will be repaid in June 2005. In issuing last year's RAWs, the State pointed to the Governor's May Revision of the budget which included the FRBs. This was the basis for repayment. But if the RAWs have to be_issued again this year, it will be because the State's long-term bond solutions (the FRBs and ERBs) are no longer options. The State will face a nearly $30 billion accumulated deficit through the end of fiscal year 2004-05, made up about equally of the deficit accumulated through the end of 2003-04 and the structural deficit of 2004-05. Potential investors in- the 2064 RAWs will look to the May Revision to be released in May 2004 to judge if they believe there is a credible budget plan that can ensure repayment of the RAWs in June 2005. The need for a credible plan is required by two parties. First, the State Controller, by law, must certify prior to the issuance, of RAWs that the RAWs can be repaid. Second, the capital markets will require a plan. This year's RAWs were credit -enhanced (see below) to provide a strong enough rating to ensure that they would qualify for purchase by,.ntoney market funds. This was a necessity given the'sheer size of the RAWs and the need to market'them as widely as possible. If some type of credit enhancement is not available in 2004, that could be a significant obstacle to the sale of a new issue of RAWs. Registered Warrants If the State is unable to issue new RAWs, a group of commercial banks and investment banks would put up the money to repay the RAWs. They will do this pursuant to the credit enhancement arrangements that secured the 2003 RAWs. The credit enhancement vehicle is known as the Forward Warrant Purchase Agreement (FWPA). w E. J. De La Rosa & CO., Inc. 3 . January 2004 .:J Under the FWPAs, which were executed by seven financial institutions, the banks would purchase registered warrants from the State to refund the RAWs if the State is unable to issue refunding RAWs. In contrast to the RAWs, registered warrants impose onerous rules for how the State must use its cash. The impact on State operations would be significant should. the State issue billions of dollars of registered warrants to repay the RAWs. As the State receives cash, the law requires that it use that cash in a specified order. Payments to schools come first, general obligation bond debt service comes second, etc. When the State has cash reserves, as it usually does, this priority system has no effect on State expenditures because there is enough cash to make all expenditures. However, if the State were to resort to the issuance of registered warrants to repay the RAWs and (as would be expected under such circumstances) be unable to finance its cash flow needs, there would be times that the State would not have enough cash to meet all of its obligations. That is when the priority of payments kicks in. The priority system requires that if two categories of expenditures have different priorities, the category with the first priority must be fully paid before any cash can be used for second priority expenditures. Furthermore, any payments to the first priority category that were deferred because of insufficient cash, must be made up before any payments can be made to the category with the second priority. Registered warrants are due in full. as soon as they are issued. They have no specified maturity date. Therefore, under this priority of payments system, any. registered wan -ants that the State issues must be paid in full before any money can be spent on categories with a lower priority than the registered warrants. If $11 billion of registered warrants are issued, $I I billion of State receipts must be used 'to repay them before any lower priority payments can be made. So what has a lower priority than registered warrants? It is perhaps easier to answer that by describing what has a higher priority. Everything else has a lower priority. These are the higher priority payments: • Payments to schools; • Payments of debt service on general obligation bonds and lease revenue bonds; • Repayments of borrowed money to special funds if those funds need the money to carry out their governmental purpose; and • Any payments. required by federal law. This last category, for example, includes any obligations the State has with respect to employee pay pursuant to the Fair Labor Standards Act or ERISA. So what is not included? Many health and welfare programs are lower priority payments. And all payments to local governments — including the VLF backfill — that are not mandated by federal law. If registered warrants are issued to repay most or all of the RAWs, the State could be prohibited for several. months from making any payments for purposes that have a lower priority than the repayment of the registered warrants. An Uncertain Future As can be seen, the State's fiscal difficulties are more than a budget that is severely out of balance. They are compounded by a potential cash crisis that must be managed as the State solves its budget problems. The decision of the courts and the voters in the next few months will say a lot about the ability of the State to manage its cash as it pursues a long-term solution to its structural deficit. Failure to manage its cash could have onerous consequences that would affect every Californian and make it ever more difficult for. the State to return to long-term fiscal health. For further information, please call. Paul Rosensdel 415-495-8863 Ed De La Rosa 310-207-1975 E J. De La Rosa do Co. is a California based investment banking firm with offices in Los Angeles and San Francisco. Founded in 1989, the firm's sole business is underwriting state and local municipal bond issues in California. Between 1994 and 2003, the firm was senior manager or co -manager for 497 negotiated bond issues in California, making us the fifth most active firm in the market. In 2003, the firm participated in83 California bond issues, totaling $22billion, and senior managed 41 of those The firm also served as financial advisor on the M billion RAWs. The firm is also active in the variable rate market serving as remarketing agent on over $1.2 billion of California variable rate bonds. More information about the firm may be found at our website, www.eidelarosa.com. or by calling Ed De La Rosa or Paul Rosenstiel at the numbers above. E. J. De La Rosa & Co., Inc. 4 January 2004 T COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-462, Development Principles and Design Guidelines for Specific Plan 2002-062 and Development Plans for Site Development Permit 2002- 754, Subject to Findings and Conditions of Approval, to Allow a Commercial Shopping Center on a 10.7 Acre Site, Located at the Southwest Corner of Jefferson Street and Fred Waring Drive. Applicant: Jefferson -Waring, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002- 462; and Adopt a Resolution of the City Council approving development principles and design guidelines for Specific Plan 2002-062, subject to findings and Conditions of Approval; and Adopt a Resolution of the City Council approving development plans for Site Development Permit 2002-754, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. V BACKGROUND AND OVERVIEW: The project is located at the southwest corner of Jefferson Street and Fred Waring Drive (Attachment 1). The applicant is requesting approval of a Specific Plan and Site Development Permit to construct a neighborhood commercial shopping center. This project was presented to the City Council at the November 4, 2004 meeting. The minutes from this meeting are attached (Attachment 2). During the review, the City Council raised the following issues: 1. Relocation of the loading docks at the rear of the buildings away from the residential neighborhood (Monticello). 2. A recommendation by the Planning Commission to allow a gate on the west side of the property for pedestrian access to and from the project site. 3. Incorporating deceleration lanes on Jefferson Street and Fred Waring Drive. 4. Lack of direct access to the proposed gas station site from the access points closest to the intersection at Jefferson Street and Fred Waring Drive due to the extended driveway throats. 5. The possibility of providing a left -turn out at the westerly driveway on Fred Waring Drive. This project was continued to the December 2, 2003 City Council meeting, but the applicant requested a continuance to January 20, 2004, to allow additional time to revise the project as requested by the City Council. The applicant has provided an alternative (Attachment 3) that includes the following: 1. With regard to the loading docks, the applicant has relocated them to the north side of the market to reduce noise impacts near the residential neighborhood (Monticello). 2. With regard to the recommendation by the Planning Commission to allow a gate on the west side of the property for pedestrian access to and from the project site, the applicant requests that this be omitted due to public safety concerns. 3. Southbound deceleration lanes on Jefferson Street at each driveway entrance. The deceleration lanes will provide stacking for southbound traffic entering the site off Jefferson Street. Two eastbound deceleration lanes on Fred Waring Drive. One is proposed for the easterly entrance on Fred Waring Drive and would provide stacking for eastbound traffic entering the site off Fred Waring Drive. The second is proposed at Jefferson Street, which would provide a dedicated right -turn lane for traffic heading southbound on Jefferson Street. 4. Driveway throat cuts have been provided to have direct access to and from the proposed gas station site from the access points closest to the intersection at Jefferson Street and Fred Waring Drive. The Zoning Code requires driveway throats to be a minimum of ninety (90) feet long for projects with four -hundred and fifty-one (451) parking spaces or more. The original proposal had 458 spaces. The current proposal has 464 spaces. The proposed driveway cuts are not consistent with the Zoning Code. Should the City Council approve the driveway cuts, they would have to be included in the Specific Plan. The City Council also suggested relocating the gas station further west or south of the existing site to make it more accessible. The applicant has expressed that the current layout of the site, including the gas station, is marketable as proposed and requests approval of the current layout. 5. A left -turn out at the westerly driveway on Fred Waring Drive. This would allow traffic to turn left out onto Fred Waring Drive. An acceleration lane would be provided on Fred Waring Drive westbound to allow traffic an opportunity to merge into the roadway. A new two-way driveway has been provided adjacent to Fred Waring Drive. This two-way driveway would allow vehicular access to and from the site so as not to force traffic onto Fred Waring Drive. Also, it would allow traffic to access the proposed left -turn out onto Fred Waring Drive. Staff recommends that the left -turn out onto Fred Waring Drive not be allowed because it would conflict with the left -turn in and existing traffic on Fred Waring Drive. The westbound acceleration lane would conflict with the existing left -turn lane into the existing residential project (Monticello) immediately to the west of the site (Attachment 4). Staff recommends a right -in, right -out and left -in only, as originally designed (Attachment 5). Also, staff recommends a one-way eastbound driveway between the drug store and the northern landscaped planter, and the westerly driveway and the easterly driveway on Fred Waring Drive. This driveway would provide access from the rear of the site and not force traffic onto Fred Waring Drive and then back into the shopping center should traffic need access the PH 1 - Jefferson shopping center again. (this part doesn't sound right? "should traffic need to do so?" need to do what?). Staff recommends that the City Council approve the project as shown on the revised Site Plan with staff's recommended revisions, including the deceleration lanes at the locations shown and no left -turn out onto Fred Waring Drive. Public Notice: This project was advertised in the Desert Sun newspaper on October 25, 2003, and mailed to all property owners within 500 feet of the site. Since this project was continued, no re -noticing is required. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment, Specific Plan and Site Development Permit 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 of environmental impact for Environmental Assessment 2002- 462; and Adopt a Resolution of the City Council approving development principles and design guidelines for Specific Plan 2002-062, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving development plans for Site Development Permit 2002-754, subject to Findings and Conditions of Approval; or 2. Adopt a Resolution of the City Council denying certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-462, prepared for Specific Plan 2002-062 and Site Development Permit 2002-754; or 3. Provide staff with alternative direction. PH 1 -Jefferson 4 360 Respectfully submitted, Caknmufity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. November 4, 2003 City Council meeting minutes 3. Revised Site Plan (Applicant's Alternative) 4. Aerial Map showing intersection spacing 5. Revised Site Plan (Staff's Alternative) PH 1 - Jefferson 0 361 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2002-062 AND SITE DEVELOPMENT PERMIT 2002-754. CASE NO.: ENVIRONMENTAL ASSESSMENT 2002-462 APPLICANT: JEFFERSON-WAKING, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4" day of November, 2003, and the 201h day of January, 2004, hold a duly noticed Public Hearing to consider Environmental Assessment 2002-462 to allow a ± 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site, generally located at the southwest corner of Jefferson Street and Fred Waring Drive, more particularly described as follows: APN: 604-070-003, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10" day of June, 241h day of June, 91h day of September, and the 14th day of October, 2003, hold a duly noticed Public Hearing to consider Environmental Assessment 2002-462 to recommend to the City Council certification of said Environmental Assessment to allow a ± 102, 402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site; and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2002-462) 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, therefore, a Mitigated Negative Declaration of environmental impact should be certified and filed; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1 . The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, as identified in Environmental Assessment 2002- 462. 0 ki CC RESO EA 02 462 ; Al City Council Resolution 2004- Environmental Assessment 2002-462 Jefferson -Waring, LLC January 20, 2004 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has already been graded due to construction of an adjacent residential subdivision. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment did not identify any wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, in that the project is consistent with the long-term goals of the General Plan, and is currently designated for neighborhood commercial development. The project is on the northern boundary of the City, in an area which, is rapidly urbanizing, and therefore represents a logical extension of development. There is no potential for the project to achieve short-term goals to the disadvantage of long-term goals. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that they are developing as designated under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did identify impacts and with the mitigation measures imposed on the project, impacts will be reduced to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to less than significant levels. 8. The City Council has considered Environmental Assessment 2002-462 and said Assessment reflects the independent judgment of the City. 0 ,., i CC RESO EA 02 462 363 City Council Resolution 2004- Environmental Assessment 2002-462 Jefferson -Waring, LLC January 20, 2004 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. , That it does hereby certify Environmental Assessment 2002-462 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2002-462 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of January 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California 08 CC RESO EA 02 462 364 City Council Resolution 04- Environmental Assessment 2002-462 Jefferson -Waring, LLC January 20, 2004 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 CC RESO EA 02 462 365 Environmental Checklist Form Project Title: Specific Plan 2002-062, Site Development Permit 2002-754 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Martin Magana 760-777-7125 4. Project Location: Southwest corner of Jefferson Street and Fred Waring Drive APN: 604-070-003 5. Project Sponsor's Name and Address: Jefferson -Waring, LLC Edward Barkett 2800 W. March Lane, Suite 250 Stockton, CA 95219 6. General Plan Designation: Neighborhood 7. Zoning: Neighborhood Commercial Commercial 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support,or off -site features necessary for its implementation. Attach additional sheets if necessary.) 6 The project site consists of 10.7 acres at the southwestern corner of Fred Waring Drive and Jefferson Street. The proposed Specific Plan is required to establish. the design standards and guidelines for a commercial development of up to 116,500 square feet on a 10.7 acre site. The site plan within the Specific Plan shows a 102,402 square foot project, consisting of seven building areas. The project will include a 50,000 square foot supermarket, an 18,500 square foot drugstore with drive -through, in -line stores associated with supermarket and drugstore, a gasoline service station at the corner of Jefferson and Fred Waring, two 5,000 square foot free-standing buildings, a 7,200 square foot freestanding building, ancillary facilities and associated parking. The Site Development Permit implements the Specific Plan, and allows the construction of the shopping center. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Fred Waring Drive, Low Density Residential development South: Low Density Residential development West: City Park, Low Density Residential development East: Vacant desert lands in the City of Indio 4- 366 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- 3E7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: Signature affect on the ed. effect on the ause revisions in the A MITIGATED the environment, and ant impact" or Lent, but at least one rsuant to applicable es based on the earlier L IMPACT REPORT addressed. effect on the )een analyzed irsuant to applicable at earlier EIR or L measures that are Date -3- 368 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that.are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether, the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, 'Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. -�- 360 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a), b), c) Both Jefferson Street and Fred Waring Drive are designated as Primary Image Corridors in the General Plan. In addition, the intersection is designated for a Secondary Gateway Treatment. Since the location is a major entry to the City both from City streets and from the I-10 Interstate freeway, its aesthetic value is significant. The Image Corridors in the City were established to preserve aesthetics, reduce urban visual clutter, and improve the quality of life in the City. The proposed Specific Plan meets the standards for height and setbacks in Image Corridors, and impacts are therefore expected to be less than significant. The west elevation, which represents the back of the market, drug store and in -line shops, faces a City park and residential development beyond. This side of the buildings, as the "back of house," shows no significant architectural detail or articulation to relieve the monotony and improve the aesthetic appearance of the structure from a public place. The aesthetics can be improved through architectural details which will provide some architectural interest. Without mitigation, these potential impacts could be significant. -5- t% 7l� In order to reduce aesthetic impacts to a less than significant level, the following mitigation measures shall be implemented: 1. The west and south elevations (per Figure 13 of the Specific Plan) shall be redesigned to add building articulation, to include at a minimum, stone veneer to the bottom of the facades, to relieve the architectural monotony of the current design. 2. The same level of architectural detail applied to the facade of each building or series of buildings shall be applied to each elevation. Particular care shall be taken with all building elevations with exposure on either Jefferson Street or Fred Waring Drive. These were approved by the Planning Commission on October 14, 2003. I. d) Lighting within the proposed project will include parking lot and security lighting. The City's standards will apply, which require that all light be contained within the property on which it is located. No spillage onto adjacent residential and park lands will be permitted. These standards will ensure that impacts associated with on -site lighting are mitigated to a less than significant level. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (No ag. land in proximity to project site) II. a)-c) The proposed project site is currently vacant desert lands, which has been previously graded. There are no Williamson Act contracts on the parcel. The proposed project will have no impact on agricultural resources. -6- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) The proposed Specific Plan and Site Development Permit will not generate emissions in excess of South Coast Air Quality Management District (SCAQMD) thresholds for criteria pollutants (see below) and therefore will not obstruct implementation of applicable air quality management plans. III. b) & c) The proposed project will impact air quality from two primary sources: the generation of vehicular traffic to and from the site; and the generation of dust during the construction process. Both these potential impacts are addressed below. The proposed project will result in the generation of 2,713 trips at buildout `. Based on this trip generation, the SCAQMD has established formulas to calculate emissions, which are shown in the Table below. . "Jefferson Street/Fred Waring Drive Intersection Analysis," letter report, prepared by urban Crossroads, February, -7- Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Ave. Trip Total Trips/Day Length (miles) miles/day 2,713 x 10 = 27,130 Pollutant ROC CO NOX PM10 PM10 PM10 Exhaust Tire Wear Brake Wear Pounds at 50 mph 5.39 140.14 28.75 - 0.60 0.60 SCAQMD Threshold 75 550 100 150 (lbs /day) Assumes 2,713 trips/day and average trip length of 10 miles. Based on California Air Resources Board's EMFAC7G Emissions Model Assumes Year 2005 summertime running conditions at 75 F, light duty autos, catalytic. The proposed project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution from the proposed project are not expected to be significant. The construction of the proposed project will generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM10 (particulate matter of 10 microns or smaller). The site is also in a very severe wind hazard area (General Plan Exhibit 8.4), which increases the potential for the generation of PM10 as a result of grading activities at the site. The proposed project would result in the disturbance of up to 10.7 acres of land. This has the potential to generate 282.48 pounds of fugitive dust per day during the grading of the site. Since the site will be mass graded. and then built in phases, potential also exists for on -going fugitive dust for unbuilt areas. The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and as an on -going issue. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities : Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands : Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust : Minimal.track-out, stabilization of unpaved road shoulders, clean streets maintenance 3'7 3 The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Fred Waring Drive and Jefferson Street shall be installed immediately upon completion of precise grading of the first phase of development. 8. All portions of the site not part of the first phase of development on the site shall be landscaped or chemically stabilized within 30 days of the termination of mass grading on the site. The project proponent shall submit a landscape or stabilization plan to the Community Development Department for review and approval prior to the issuance of any grading permit on the site. As development occurs, only that building area or pad location shall be disturbed. Phases not yet under construction shall be maintained in a stabilized or landscaped condition until constructed upon. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. III. d) & e) The proposed project will have little parking adjacent to residential dwellings. The buildings on the site will shelter the residential units from pollution being generated by automobiles. 18 -9- L 374 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff.) 0Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 73 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Master Environmental Assessment, p. 73 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Master Environmental Assessment, p. 73 ff.) -10 J f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The project site has been previously and recently graded, and does not have potential as habitat for species of concern. No impacts to biological resources are expected to occur as a result of development of the project. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES — Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Government Code Sec 15064.5 ("Interim Cultural Resources Report, Hotel I I I Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Sec 15064.5? ("Interim Cultural Resources Report, Hotel I I I Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? "Interim Cultural Resources Report, Hotel I I I Project Site," CRM Tech, December, 1998 and "Archaeological Testing and Site Evaluation at La Quinta Corporate Centre," CRM Tech, August 2, 1999.) V. a) - d) The project site has been previously and recently graded. No impacts to cultural or paleontologic resources are expected to occur as a result of the proposed project. -li- a..0 � r Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i)-iv) The proposed project lies in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's standards for construction, which include Uniform Building Code requirements for seismic zones. A geotechnical study will be required for the construction of the proposed project. The risk of liquefaction on the site is considered low. ,- . -12- - 1.3'/y 7 VI. b) The site is located in a very severe blowsand hazard area, and will therefore be subject to significant soil erosion from wind. The project proponent will be required to implement the mitigation measures listed under air quality, above, to guard against soil erosion due to wind. These mitigation measures will lower the potential impacts associated with wind erosion to a less than significant level VI. c)-e) The soils on the subject property have a low expansion probability, as defined in the Uniform Building Code. The soils on the site are not expansive, and will support the development proposed by the project proponent. The soils will require over -excavation, as required in the City's standards for construction under the Uniform Building Code. These standards will ensure that the stability of the soils is mitigated. The project will be connected to sanitary sewer provided by the Coachella Valley Water District, and will not rely on septic tanks. 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) -13- 3 78 e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a . public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The proposed project will include typical commercial development found in a neighborhood shopping center. The proposed gasoline service station will be required to meet regional, state and federal standards for storage of gasoline products, and will be subject to on -going jurisdiction of these outside agencies. Should any of the businesses which locate in the center wish to store or transport hazardous waste, they will be required to secure all necessary permits from the Riverside County Health Department and other agencies, as needed, to allow for such storage or transport. The standards imposed by these agencies will lower the potential impacts associated with hazardous materials to a less than significant level. Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) -14- b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Project Grading, Site Hydrology) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Project Grading, Site Hydrology) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Project Grading, Site Hydrology) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a)- e) The proposed project will be responsible for the drainage of on and off site flows. The City Engineer requires that all project retain the 100 year storm on -site. The proposed project includes an underground retention system, to be located beneath the parking lot. The retention basin will be fed by a series of pipes. The City Engineer will review all proposed plans for the system, and approve them prior to the initiation of any construction of the site. The City Engineer will also require regular scheduled maintenance of the system to assure its proper functioning. The City Engineer will also require the use of water purifying devices, to ensure compliance with NPDES standards for the underground retention basin. These City standards will lower the potential impacts associated with on -site flood control to a less than significant level. The Coachella Valley Water District provides domestic water to the subject property. As a commercial project, the buildout of the proposed project will generate a lower need than residential projects of similar size. The proposed project will be required to implement the City's standards for water conserving plumbing fixtures and on -site retention, which both aid in reducing the potential impacts to groundwater. The proposed project will also meet the requirements of the City's water -conserving landscaping ordinance. These standards will reduce potential impacts to a less than significant level. VIII. f) & g) The proposed project does not occur in a 100 year flood plain and does not propose residential development, and will therefore not place housing or other structures in such a flood plain. 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.) �J p -16- .j O IX. a)-c) The proposed project site is currently vacant, and designated for commercial development. The construction of the proposed project will not divide an established community. The project site is located within the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay fees in place at the time of building permit issuance. The applicant/developer will have to enter into a restricted covenant between the City and the applicant/developer for some means of compensation, in order to allow the building to be constructed where proposed. The covenant shall be done to the satisfaction of the City Council, at the expense of the applicant, and with no use of public funds. 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 project site occurs outside the MRZ-2 Zone, and is not expected to contain mineral resources. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) -17- ti D �" c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The proposed project is located at an intersection which does and will generate relatively high noise levels. Commercial development, however, is not considered a sensitive receptor, and the potential impacts at the center are expected to be less than significant. The site is, however, adjacent to existing residential land uses on its south boundary. Residential land uses are considered sensitive receptors, and noise levels must meet the City's standards for such uses. The proposed project will include buildings along the south side which will be the back of businesses. The primary potential noise impacts associated with the proposed project and adjacent residential land uses will be associated with vehicular noise. The loading and unloading of trucks at the back entrances of the shops in the Shops 1 and Shops 2 building could potentially result in temporary noise levels in excess of the City's standards. These are, however, temporary and occasional impacts, which are not expected to be sustained for long periods of time. Of particular concern would be impacts during the quieter evening and night-time hours. A short-term inconvenience and nuisance could occur without the implementation of the following mitigation measure: 1. The project proponent shall include prohibition on deliveries to Shops 1, Shops 2 and Pad C during the hours of 9 p.m. to 8 a.m. in the project CC&Rs. A copy of the CC&Rs shall be submitted to the City Attorney's office for review and approval prior to issuance of building permits. -18- 383 XI. c) The construction of the project will generate noise from construction equipment and activities. The residential land uses occurring on the south property line will be impacted by construction noise. In order to assure that these residents are not significantly impacted by construction noise, the following mitigation measures shall be implemented: 1. Construction staging areas, and stationary equipment such as generators and service areas, shall be located in the northern half of the site. 2. The construction hours stipulated in the City's noise ordinance shall be strictly adhered to. XI. b), d) & e) The project land uses are not expected to generate groundborne vibrations. The project site is not within the vicinity of an airport or airstrip. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING ii 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 site is currently vacant, and will not displace existing housing or people. Although the project will create some jobs, the number is not expected to be significant, and will be absorbed in the normal growth of the community and surrounding communities. No impacts to population and housing are expected to occur as a result of the proposed project. n� -19- 384 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will offset the costs of added police and fire services. The proposed project will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, the project will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. -20- 385 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 will result in the construction of commercial retail buildings, which will not impact recreational facilities in the City.. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) -21- .1 J86 d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) X e) Result in inadequate emergency access? (Project description) , f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, pl ans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-b) The proposed project will generate 2,713 trips per day. The City has approved a General Plan Amendment, which redesignates Fred Waring Drive to a major arterial from Washington to Jefferson, to bring it into conformance with the Regional Arterial Program. These improvements include the construction of three through lanes, dual left turn lanes, a deceleration lane, a dedicated right turn lane and a bike lane on Fred Waring heading east. In addition, Jefferson Street will include three through lanes, two deceleration lanes, and a bike lane heading south. These improvements will assure that the intersection operates at an acceptable level of service. XV. c)-g) The project will not impact air patterns. The proposed project design currently exceeds City standards for parking, and does not include unsafe design features. The site plan provides for emergency access points. Alternative transportation in the form of bus stops will be implemented throughout the area based on General Plan policies and programs. XVI. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact X X -22- J O c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-g) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. -23- .j Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are X individually limited, but cumulatively . considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site has been previously graded, and does not contain potential habitat for fish or wildlife. The construction of the proposed project will not degrade the quality of habitat in the area. Nor will the project have any impact on cultural resources. XVII. b) The project is consistent with the long term goals of the General Plan, and is currently designated for neighborhood commercial development. The project is on the northern boundary of the City, in an area which is rapidly urbanizing, and therefore represents a logic extension of development. There is no potential for the project to achieve short term goals to the disadvantage of long term goals. 33 XVII. c) The impacts associated with the project are not cumulatively considerable. The project is consistent with that analysed in the General Plan EIR. Buildout of the General Plan in this area was found to be less than significant, with mitigation. The mitigation measures imposed with adoption of the General Plan, combined with those imposed on this project, will reduce potential impacts to a less than significant level. XVII. d) The project has identified impacts associated with aesthetics, noise and air quality, which all affect human beings. However, a number of mitigation measures are proposed which reduce the potential impacts to a less than significant level. 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. None b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -25- 390 w i 0 0 0 0 cr1 U > N o 0 A c o .� z Wo U � ap A � U � ri? O a N 0 N O N � U a � N a , O O O O N g N El N �c o a� O�nAN °ti' F+ z x� A U W W F A U pq �A WUW Ov rA rA In rA co aCU6 U O o U U V U U U v O v�`9 y 00 +y o •4 79 alb av a a�ba a� a;�b ado a' 0 G Y IE o A OU a�i 0 U a�i A U a oA U AA AA AA AA U U U m L o c •° En 0 0rA 0 cd M co 0 b N � R � � U �" +�•' N yam+ ri rA O N abi 0 t O c> 2., o ed O A ed W o a r A a� SOd 0 UO 0% �+ A 0 G A C) ed ,c p 7 - U y N O V V V Uv cd V A U ttocd Q v a� o tnc�U>tnv�. �CQU� U. 4, O a ,o v � O v �• 4.4 O 'O •p N � l O cd � R3 y ed � y ;� ed v ,^•„ � � U a� .W a� .� c ;b c b a as o a>i on on ou � °� cw on on � • � � ' � � poq pa pq UA Gil GCl a.1 mUA UA 'b -d a. c U >' 0 O V a a CD�• M. so- � �, D e 4r N U. � „ D p ao 'd � 0 4° .� a> i p 'b D u 40) cad ��. cd y N 'b by N on °e „.- O „ 3ti wb �° cd LL 4- O� N a W '� C's A. 'b bo ° ~ 0 o 3 o -� 3 -- w N it cd a� a '0 c CA 0 ' �� b U O .0 3 aw a a b .. o A V)N � a" a uu 0n 00 jq-) \ § (D u 7 k 4 § 2 E U o 34 k / . .k § 8 � � g / m 3 / « 4. § \.§ 2 .5 0 2 § f ƒ•� § % \ 0 k_ Cd g 3 § § to . % 0 § � � . 2 d o U J 7 / k : ) A, RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, TO ALLOW A ± 102, 402 SQUARE FOOT NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRED WARING DRIVE AND JEFFERSON STREET. CASE NO.: SPECIFIC PLAN 2002-062 APPLICANT: JEFFERSON-WARING, LCC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4" day of November, 2003, and the 20" day of January, 2004, hold a duly noticed Public Hearing to consider Specific Plan 2002-062, to approve development principles and design guidelines to allow a ± 102,402 square foot Neighborhood Commercial Shopping Center on a 10.17 acre site, generally located at the southwest corner of Fred Waring Drive and Jefferson Street, more particularly described as follows: APNs: 604-070-003. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10th day of June, 24" day of June, 91h day of September, and the 14th day of October, 2003, hold a duly noticed Public Hearing to consider Specific Plan 2002-062, to recommend to the City Council approval of development principles and design guidelines to allow a ± 102,402 square foot Neighborhood Commercial Shopping Center on a 10.17 acre site; 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 2002-462), 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 should be certified and filed; 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 Specific Plan: 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 �3 CC RESO SP 2002-062 n AA '3 City Council Resolution 04- Specific Plan 2002-062 Jefferson -Waring, LLC January 20, 2004 and mass of the project is consistent with the intent of the Neighborhood Commercial (NC) 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 the proposed project complies with the development standards, as conditioned in the Specific Plan for the project. 3. Land Use Compatibility: The proposed project is compatible in terms of land uses, in that it is consistent with the type of development allowed under the Neighborhood Commercial Land Use designation under the City's General Plan. 4. Property Suitability: The Specific Plan, as proposed, is suitable and appropriate for the subject property in that it establishes development and design guidelines that are consistent with the standards of the Neighborhood Commercial Land Use designation under the City's General Plan and Zoning Map, and is consistent with the goals, objectives and policies of the City's General Plan. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Specific Plan; 2. That it does hereby approve Specific Plan 2002-062 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 201h day of January 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CC RESO SP 2002-062 DONALD ADOLPH, Mayor City of La Quinta, California � J City Council Resolution 04- Specific Plan 2002-062 Jefferson -Waring, LLC January 20, 2004 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 CC RESO SP 2002-062 .; 9 6 CITY COUNCIL RESOLUTION 2004- SPECIFIC PLAN 2002-062 — JEFFERSON-WARING, LLC CONDITIONS OF APPROVAL -RECOMMENDED JANUARY 20, 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 Parcel Map, or any Parcel 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. The conditions of approval for this Specific Plan (SP 2002-062) are binding with the conditions of approval of Site Development Permit (SDP 2002-754) for the same project. 3. All public agency letters received for this case are made part of the case file documents for plan checking processes. 4. Approval of this Specific Plan is subject to compliance with Section 9.240.010 of the Zoning Code, as applicable. 5. The applicant shall revise the Specific Plan to reflect the driveway throat cuts to provide direct access to and from the proposed gas station site from the access points closest to the intersection at Jefferson Street and Fred Waring Drive. 6. Development of this site shall be in conformance with the Exhibits approved and contained in the files for Site Development Permit 2002 -754 and Specific Plan 2002-062. 4f CC SP 2002-062 COA {� y 7 ,J RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS TO ALLOW A ± 102,402 NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE. CASE NO.: SITE DEVELOPMENT PERMIT 2002-754 APPLICANT: JEFFERSON-WARING, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 4" day of November, 2003, and on the 201h day of January, 2004, hold a duly noticed Public Hearing to consider Site Development Permit 2002-754 to approve a ± 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site, generally located at the southwest corner of Jefferson Street and Fred Waring Drive, more particularly described as follows: APN: 604-070-003, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 10th day of June, 24' day of June, 9th day of September, and the 14' day of October, 2003, hold a duly noticed Public Hearing to consider a Site Development Permit 2002-754 to recommend to the City Council approval of development plans for a ± 102,402 square foot Neighborhood Commercial Shopping Center on a 10.7 acre site; and, WHEREAS, said Site Development Permit 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 2002-462), and determined that while the proposed project may have a significant impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, therefore, a Mitigated Negative Declaration of Environmental Impact should be certified and filed; 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 justify approval of said Site Development Permit: 1. Consistency with the General Plan: The proposed project is consistent with the goals and policies of the General Plan in that neighborhood commercial shopping centers are allowed under the Neighborhood Commercial Land Use designation. CC RESO SDP 02-754 City Council Resolution2004- Site Development Permit 2002-753 Jefferson -Waring, LLC January 20, 2004 2. Consistency with the Zoning Code: The proposed project is consistent with the Zoning Code in that neighborhood commercial shopping centers are allowed under the Neighborhood Commercial Zoning designation in which the property is located. 3. Compliance with the California Environmental Quality Act (CEQA): The proposed project is in compliance with the requirements of CEQA, in that Environmental Assessment 2002-462 was prepared for this project, and while the project may have a significant impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 4. Architectural Design: As conditioned, the architectural design of the proposed buildings, including but not limited to, architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City in that, the buildings provide architectural variation in terms of varied roof heights and design elements consistent with other commercial developments in the City. 5. Site Design: As conditioned, the site design of the proposed project, including but not limited to, project entries, interior circulation, pedestrian access, screening of equipment, trash enclosures, exterior lighting, and other site design elements such as scale, mass, and appearance, will not impact the surrounding developments, and are generally consistent with the design and quality of development prevalent in the City. 6. Landscape Design: The landscaping plan for the proposed project, including but not limited to, the location, type, size, and coverage of plant materials, has been designed to provide visual relief, complement the buildings, screen undesirable views and provide an unifying influence to enhance the visual appearance of the project. The proposed landscaping is compatible with the surrounding area in that the variety of trees, shrubs and ground covers provide an aesthetically pleasing drought tolerant landscape theme that is prevalent throughout out the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Site Development Permit; Ci CC RESO SDP 02-754 � City Council Resolution2004- Site Development Permit 2002-753 Jefferson -Waring, LLC January 20, 2004 2. That it does hereby approve Site Development Permit 2002-754 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 20' 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, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 44 CC RESO SDP 02-754 4 0 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 — JEFFERSON-WARING, LLC JANUARY 20, 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 Parcel Map, or any Parcel 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. The applicant shall submit an application for a parcel map to subdivide the property as conceptually shown in the Specific Plan. Said Parcel Map will require a public hearing by the Community Development Director at a future date and time. Any Parcel Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1. Temporary Soil Stabilization (erosion control). 2. Temporary Sediment Control. 3. Wind Erosion Control. 4. Tracking Control. 5. Non -Storm Water Management. 6. Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or off -site grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Jefferson SDP COA C 4 �J CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 5. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Parcel Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1. Jefferson Street (Major Arterial, 120' ROW) — 60-foot from the centerline of Jefferson Street, for a total 120-foot ultimate developed right of way. 2. Fred Waring Drive (Major Arterial, 120' ROW) — 60 feet from the centerline of Fred Waring Drive for a total 120-foot ultimate developed right of way; additional 5 foot dedication will be required measured from the existing 55 foot right of way along Fred Waring Drive. Additional right of way dedication is required as needed at the Jefferson Street intersection to accommodate 200-foot long dual left turn lanes (10 feet each, 20 feet total), three through eastbound lanes (eleven feet each, 33 feet total), a 4-foot bike lane and a deceleration/right turn only lane (11 feet). The additional right of way dedication shall be 9 feet wide and 100 feet long, plus a variable width dedication of an additional 50 feet to accommodate the curb transition. til 4 Jefferson SDP COA CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 9. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Parcel Map are necessary prior to approval of the Parcel Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 10. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Jefferson Street and Fred Waring Drive (Major Arterial) - 20-foot from the R/W-P/L. The applicant shall supplement the landscaped set back as needed to reflect the new right of way configuration. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Parcel Map. 11. 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 Parcel Map. 12. Direct vehicular access to Jefferson Street and Fred Waring Drive from any portion of the site from frontage along Jefferson Street and Fred Waring Drive are restricted, except for those access points identified on the circulation plan of the approved Specific Plan, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded parcel map. 13. 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. W Jefferson SDP COA 404 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 14. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, which will diminish the access rights to any properties owned by others, the applicant shall provide an alternate right- of-way or access easement, to those properties, or notarized letters of consent from the affected property owners. 15. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Parcel Map, unless such easement is approved by the City Engineer. PARCEL MAPS 16. The applicant shall apply and receive approval for a Parcel Map. Prior to the City's approval of a Parcel Map, the applicant shall furnish accurate AutoCAD files of the Parcel 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 Parcel 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 Parcel 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. 17. 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. Plans shall be submitted on 24" x 36" media in the following categories. 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. Jefferson SDP COA CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 Off -Site Street Plan: The street improvement plans shall separate plan sheet(s) (drawn at sidewalk, mounding, and berming landscape setback area. 1 " = 40' Horizontal include permanent traffic control and 20 scale) that show the meandering design in the combined parkway and Perimeter Landscape Plan: 1 " = 20' Horizontal On -Site Rough Grading/Drainage Plan: 1 " = 40' Horizontal Site Development Plan: 1 " = 30' Horizontal Signing and Striping Plan: 1 " = 40' Horizontal 18. "Site Development Plans" shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Site Development Plans" shall normally include all surface improvements, including but not limited to: parking layout, finish grades, curbs & gutters, ADA requirements, retaining and perimeter walls, etc. "Street & Drainage Plans" shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. Off -Site Street and Signing and 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. Plans for improvements not listed above shall be in formats approved by the City Engineer. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City Resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad. files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At Jefferson SDP COA 4 +� 65 0 v CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENTS 20. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the applicant may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or 'a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 21. The applicant shall construct improvements, install survey monumentation, and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. 22. If improvements and/or monumentation installation are secured, the applicant shall provide estimates of improvement and monumentation installation costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall Jefferson SDP COA ,. 4C7 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 25. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot), which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 26. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and 5 G. Jefferson SDP COA CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 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 Parcel Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 27. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 28. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. 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 Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. Jefferson SDP COA A 4 C1A CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 30. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved Site Development Plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. nRAINAGF 31. 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. 32. Stormwater may not be retained in Landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 33. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. A. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. Particularly, the applicant shall coordinate the drainage design with the City sponsored improvement project on Jefferson Street for applicable curb and gutter grades and catch basin requirements. The design storm shall be either the 3 hour, 6 hour, or 24 hour event producing the greatest total run off. The design and construction of the underground retention system for the project shall be approved by the City Engineer in the improvement plan review process prior to the issuance of any building permits. The approved design shall incorporate mechanisms for perpetual maintenance and operation of the system by the applicant or his successors. Jefferson SDP COA 54 410 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 UTILITIES 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 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. 35. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 36. 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 37. 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. 38. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1. Jefferson Street -([Major Arterial; 120' R/W) — Jefferson Street is scheduled to be improved as part of a City sponsored improvement project. The applicant shall pay a cash fee to the City for the outside 20 feet of improvements, including the curb Jefferson SDP COA J ..) 411 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 and gutter. In addition to the cash fee, the applicant shall construct the following: 8-foot wide meandering sidewalk from intersection at Fred Waring Drive southerly to the south boundary of the property to match existing improvements. 2. Fred Waring Drive -(Major Arterial; 120' R/W) — Widen the south side of the street along the project boundary to comply with the amended General Plan and requirements of these conditions listed, below. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. Other significant new improvements required for installation in, or adjacent, to the subject right of way include: Construct 72-foot roadway improvements (4-foot median nose, travel width to include two 10-foot left turn lanes, three 1 1-foot eastbound through lanes, 4-foot bike lane and 1 1-foot deceleration/right turn only lane, excluding curbs). The applicant is advised of conditions of approval for Tentative Tract Map No. 29323 as amended. Construct an 8-foot meandering sidewalk along the project frontage. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curbline that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Construct 14-foot wide raised landscape median, plus variable width median transition as needed to accommodate the dual left turn lane mentioned above. Modify the Traffic signal at Fred Waring Drive and Jefferson Street. Construct necessary modifications to accommodate the improved roadway section. Jefferson SDP COA 41 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 (The pavement/restoration improvement work located beyond 20 feet from the outer curb face (i.e. in the arterial core) is eligible for reimbursement from the City's Development Impact fee fund in accordance with policies established for that program). 39. The applicant shall design street pavement sections using CalTran's design procedures 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 (or approved equivalents of alternate material): Major Arterial 5.5" a.c./6.50" c.a.b. 40. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 41. General access points and turning movements of traffic are limited to the following: A. Jefferson Street - Primary Entry (southerly portion of site): Left turn in, right turn in, right turn out. Left turn movements out are prohibited. The applicant shall design the median island on the Entry Street to direct traffic to the right to facilitate a right turn only movement. Appropriate signing and striping shall be provided. The design of the median island and associated signing and striping shall be subject to the review and approval of the City Engineer. If the previously mentioned Jefferson Street Improvements project is not constructed, the applicant shall design and construct a t temporary median to facilitate the left turning, only, movement to the satisfaction of the City Engineer. Associated signing/striping is subject to the review and approval by the City Engineer. - Secondary Entry (northerly portion of site): Right turn in, right turn out. Left turn movements in and out are prohibited. The median island on the Entry Street shall be designed to direct traffic to the right to facilitate right turn only movement. 5 Jefferson SDP COA 413 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 B. Fred Waring Drive — Primary Entry (westerly portion of site): Left turn in, right turn in, right turn out. Left turn movements out are prohibited. The applicant shall design and construct the Fred Waring Drive median to facilitate the left turn in, only, movement to the satisfaction of the City Engineer. The median island on the Entry. Street shall be designed to direct traffic to the right to facilitate a right turn only movement. Appropriate signing and striping shall be provided. The design of the median island and associated signing and striping shall be subject to the review and approval of the City Engineer. - Secondary Entry (easterly portion of site): Right turn in, right turn out. Left turn movements in and out are prohibited. The median island on the Entry Street shall be designed to direct traffic to the right to facilitate right turn only movement. 42. 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. 43. 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. 44. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate'with existing improvements. CONSTRUCTION 45. 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 46. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. Jefferson SDP COA � }� CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 47. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 48. 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, consistent with the Water Efficient Landscape Ordinance, for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 49. 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 50. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 52. 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. 53. 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. Jefferson SDP COA ) 9 415 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 54. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 55. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 56. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 57. 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. 58. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time of issuance of building permit(s). 59. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. MISCELLANEOUS 60. The applicant shall submit detailed plans showing the proposed signage for the site to be brought back to the Planning Commission for approval under a Planned Sign Program. In addition, the applicant shall provide an area at the southwest corner of Jefferson Street and Fred Waring Drive for future improvements associated with a secondary gateway sign into the City. Jefferson SDP COA mi 416 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 61. The applicant shall be required to comply with the provisions of the City's Dark Sky Ordinance. Lighting for the building facades shall be low-level lighting and be compatible with the building architecture. Parking lot light standards shall be equipped with a recessed lamp, a flush lens, and shall not to exceed eighteen (18) feet in height. Said standards shall be shielded so as to prevent light from spilling onto adjacent land uses. 62. The applicant shall comply with all Riverside County Fire Department requirements. 63. The applicant will be required to pay a school mitigation fee at the time a building permit is issued. 64. The applicant shall comply with the requirements of the Unlimited Area Section (505.2) of the California Building Code, 2001 edition ("CBC"). The applicant may comply with this condition by entering into a "No Build" Covenant Agreement with the City, on terms satisfactory to the City and the City Attorney in their absolute and sole discretion, for the purpose of using a portion of the adjacent City park known as Monticello Park in calculating the 60-foot yard requirement. Should the City and the applicant enter into a No Build Covenant Agreement, the applicant shall compensate the City the fair market value of the restricted property. The form of such compensation (whether payment of funds, provision of improvements, or such other compensation as the City shall determine) shall be left to discretion of the City. Any agreement satisfying this condition shall be brought back to the City Council for approval prior to the applicant obtaining a building permit and failure of the City to approve such an agreement shall not relieve the applicant of its obligation to comply with the Unlimited Area Section (505.2) of the CBC. 65. The truck loading docks shall be moved to the north side of the market to minimize impacts to the residential uses south of the site. 66. The applicant shall work Staff to improve the design of the west and south elevations. At a minimum, stone veneer shall be added to the bottom of the facade on the south and west elevations. 67. The applicant shall be required to submit Site Development Permits for the development of the remainder pads (Pads A, B, and. C) prior to the issuance of building permits for those pads. Jefferson SDP COA V !, 417 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2002-754 JANUARY 20, 2004 68. The applicant shall submit a copy of the Covenants, Conditions & Restrictions (CC&Rs) to the City Attorney's office for review and approval prior to issuance of building permits. 69. Deliveries to Shops 1 & 2 and Pad C shall be prohibited between 9:00 p.m. and 8:00 a.m. Jefferson SDP COA 4 1 j ATTACHMENT #1 soulce: Dudek & AsmockAw 33 L.L. LLJ AVENUE 46 Pat 1, W 11 4 1 9G3 ' City Council Minutes 13 Noveml ATTACHMENT #2 He advised Chamber has been a/edepsae four signs and to keep the letter' g uniform, including o ing on each p I. Co cil Member Hender notedorted t sign program cause it doesn't al off -site seels may be �irfie to consider some cha es. Mr. Herman nfirmed the Pla ing Commissi allowed W. Marvin to put "OLD TO " on the sign b not in the lett ng he requ ed. In r onse to Mayor dolph, Mr. Her an stated c nging the gn program d uld require a pu c hearing sinc it is part of a Zoning de. He noted . Marvin has a right to a eal the de ion or th ity Council can, within 15 day of the deci$io , request it placed o future agenda. There w consensus direct staff place thi matter on a futur agenda. Act' g City Ma ger Weiss ised st will review th regulation nd r ort during a evenings sion if a ecific action is uired to ce the atter on uture agend . (See P e 17.) Council redessed to 7: PU reconver1e6 and rec TIONS - PUBLIC HEARINGS with,Kayor - None Agency fri'eeting. and to atfd until 7:00 P.M. absent. le '1� PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-462, DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, AND 64 420 City Council Minutes 14 November 4, 2003 DEVELOPMENT PLANS FOR SITE DEVELOPMENT PERMIT 2002-754, SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL TO ALLOW A COMMERCIAL SHOPPING CENTER ON A 10.7-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: JEFFERSON-WARING, LLC. The Mayor Pro Tern declared the PUBLIC HEARING OPEN at 7:03 p.m. Planning Manager Orci and Associate Planner Magana presented the staff report. Mr. Orci stated staff, recommends Condition No. ,64 of the Site Development Permit be changed to read, "The applicant shall comply with the California Building Code, 2001 edition (CBC)." In. response to Council Member Perkins, Mr. Magana confirmed the two entrances nearest the intersection will be right -in, right -out only. He stated Indio has requested the south entrance on Jefferson Street be restricted to right -in, right -out, left -in with. no left -out turns allowed so the property to the east, which is in Indio, will have access. It also allows for a turn pocket for the other entrance on Jefferson Street. Vehicles wanting to go north on Jefferson Street would have to exit on Fred Waring Drive or make a u-turn at Miles Avenue Public Works Director Jonasson stated the southerly exit on Jefferson Street is too close to the intersection to allow a full -turn movement. In response to Council Member Henderson, Mr. Jonasson confirmed the City of Indio wants the ability for a left -turn into the property across the street but it will not be signalized. Mr. Orci stated the left -turn restriction is part of a design agreement for Jefferson Street In response to Council Member Henderson, Mr. Magana confirmed the applicant has agreed to move the loading docks to the north side of the building, which will provide a turn -around area for delivery trucks. Council Member Henderson voiced safety concerns about the Planning Commission's request for a gate into the residential/park area, and commented on the lack of direct access to the gas station. Mr. Jonasson noted moving the driveway easterly on Fred Waring Drive would change the circulation for the parking lot. City Council Minutes 15 November 4, 2003 Council Member Henderson asked about the possibility of opening the driveway at Jefferson Street to allow vehicles direct access to the gas station. Mr. Ord advised the Code sets a minimum throat length leading into parking lots, and opening the throat could create a stacking problem. She questioned the current configuration having any benefit to the gas station. Council Member Perkins stated he feels the layout is poor, and he cannot support it from a traffic standpoint. In response to Council Member Osborne, Community Development Director Herman explained a left -out movement at the westerly driveway on Fred Waring Drive would conflict with residential driveways across the street. Council Member Osborne pointed out anyone accessing the shopping center from the west will have to make a u-turn at Jefferson Street and Fred Waring Drive to return west. He asked if there will be deceleration lanes on Jefferson Street. Mr. Jonasson stated there will not be deceleration lanes but there will be a dedicated right -turn lane on Jefferson Street, and the ultimate width of the outside lane will be 17-20 feet. He stated the City has no policy for deceleration lanes and they are determined on a case -by -case basis. Mr. Magana stated the project will be conditioned to work with staff on improvements to the west and south facades of the buildings, and at a minimum, provide stone veneer to the facades. Mayor Pro Tern Sniff shared Council Member Henderson's concern about having a gate into the residential/park area. As for the gas station, he suggested the possibility of moving it to the west or south to make it more accessible. Council Member Perkins noted the issue of deceleration lanes has been discussed several times, and he hopes staff will take that into consideration when future projects are submitted. He agreed with the possibility of moving the gas station to the south. Council Member Henderson stated she is -not sure moving the gas station as suggested would provide any better access. She asked about the project's parking space requirements, to which Mr. Magana responded the project has only three parking spaces over the minimum requirement. A brief discussion ensued as to the viability of a gas station at that location. G 4�4 City Council Minutes 16 November 4, 2003 Mayor Pro Tern Sniff stated he feels there is a viable basis for having a gas station, provided a suitable location within the development can be found. Keith Gregori, 75-150 Sheryl Avenue Suite C, Palm Desert, representing Dudek & Associates, stated their initial design was similar to Council's discussion but was changed because of regulations. However, the developer feels the current layout is marketable, including the gas station. He understood part of the reason for restricting the, left -out movement was to eliminate the future need for traffic signals. He stated they are in agreement with moving the loading dock to the opposite side of the market to reduce noise near the residential area, and he agrees with the safety concerns for having a gate into the residential/park area. He stated a deceleration lane would reduce the driveway length requirement but would mean dedicating more land to the City and result in a reduction of parking spaces and build- able area. He indicated a deceleration lane within the 20-foot setback area might be more feasible. He also noted the 8-foot wide bicycle lane and 13 or 14-foot wide outside lane will provide sufficient space to use as a deceleration lane. In response to Council Member Perkins, Mr. Gregori confirmed a curb cut-out will be provided for the bus turnout as required by SunLine. Mr. Gregori referenced the comment about the west and south sides of the buildings, and stated he understood. stone was to be added to the fronts for more detail and that the back of the buildings would be given a Little more detail to create more visual appeal. He noted very little of the back of the buildings will be seen over the six-foot high block wall on top of a two -foot high berm. He commented on the success of the gas station being located at the corner and suggested a right -in only access off of Jefferson Street. Mr. Jonasson advised a driveway needs to be 250 feet from the corner to meet General Plan requirements. Mr. Gregori indicated they would be willing to align the driveway on Fred Waring Drive with the driveways across the street in order to have a left -out movement. Mr. Jonasson stated the minimum distance from the intersection for a traffic signal is 1,060 feet. There being no further requests to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED at 7:42 p.m. V 423 City Council Minutes 17 November 4, 2003 Council Member Osborne commented on the positive aspects of the architecture and design but voiced concerns about the lack of deceleration lanes and a left -out movement on Fred Waring Drive. He does not feel a 20- foot wide lane is sufficient for vehicles to safely slow down and turn .into the project. He supports removing the gate into the residential/park area. Council Member Perkins stated. he feels it is unsafe not to have a separate lane for vehicles turning right into the project. He voiced disappointment about not having a standard for deceleration lanes such as is provided for the bus turnouts. It does not make sense to him to have • restrictive and hazardous traffic movements for such a nice project. He believes the configuration for the gas station will make it difficult for people to access. He stated he cannot support the project with the current traffic problems. Council Member Henderson noted staff works within the guidelines of the General Plan, and if Council wants deceleration lanes, staff should be directed to bring the appropriate document back to Council for consideration of change. She stated she would have a hard time denying the project for something that is not currently required, and she does not believe in changing in mid stream. She sees significant difficulties with the location of the gas station and believes people. will not use it if it's too challenging to access. She will support the project but believes the developer should revisit the interior layout and offer a straight shot to the gas station from Jefferson Street, even if that means losing some retail square footage. Mayor Pro Tern Sniff stated he feels it is prudent for the developer to come up with a better location for the gas station so it will be more successful. He believes deceleration lanes are valuable but agrees they are not required. Council Member Henderson suggested a continuance to give the developer an opportunity to look at these concerns. Council concurred. MOTION - It was moved by Council Members Henderson/Perkins to continue the public hearing for Specific Plan 2002-062 and Site Development Permit 2002-754 (Jefferson -Waring, LLC) to December 2, 2003. Motion carried unanimously with Mayor Adolph ABSENT. 68 4 `) Fair" Dosed Offim 75-150 Sho-,i' AvIuMMI. Suft C 01 fti- D....1. CA 92211 Tel. 700.341.6400 FOX 711O.506.011111 MONWLLO AVINUo c—zz) n ams Q I fA chitects Inc I i fill I A: LA GUINTA' CITY PARK #Emma. MILL Lir 1 i ;6m 2 141ww. Li!I '111-d 11 I mc 11 NMI, 6 �4 . I ' CC w u „+ �.�. Q f� K �. � �,� � � � . 'axe �, • � i �, � �1 Fr r w '••'w'r vYr°w � ti' I a• G^r �;�,,,e�+�.�a•if� "*Sic r.i�ri °" � � ,+►. "'i!!I^.an.,�,,, ., :,.c.,arr'+n�. ' 'W •..«Ao7.�4ewkvl. � rwul e.m:;;m,.. Z..:� w LU 41 a. � ,- ! 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A FRED WARING DR., LA QUINTA, CALIFORNIA 4 j AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 20, 2004 BUSINESS SESSION: ITEM TITLE: Public Hearing to Consider Adoption of CONSENT CALENDAR: Resolutions Approving a Mitigated Negative Declaration for Environmental Assessment 2003-492 and Tentative STUDY SESSION: Tract 31732, a Subdivision of 197 Single -Family Lots PUBLIC HEARING: a - on 43.8 Acres, Located at the Southeast Corner of Monroe Street and Avenue 60. Applicant: Michael La Melza RECOMMENDATION: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-492; and Adopt a Resolution of the City Council approving Tentative Tract 31732, subject to the findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Considerations Environmental Assessment 2003-492 was prepared for this tentative tract map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project with mitigation measures will not have a significant adverse impact on the environment and therefore, recommends that a Mitigated Negative Declaration of environmental impact be certified. 423 General Plan Designation - MDR (Medium Density Residential, up to eight dwelling units per acre) Zoning - RM (Medium Density Residential) Surrounding Zoning/Land Uses North: CC and RL / vacant land South: RM / vacant land owned by applicant East: Riverside County / date grove West: RMH / homes in Trilogy at La Quinta and vacant land Property History The vacant site, at the southeast corner of Monroe Street and Avenue 60, is a part of the Coral Mountain Specific Plan (Specific Plan No. 218, Amendment No. 1) which was approved by the Riverside County Board of Supervisors on August 15, 2000 (Attachment 1). The property and surrounding land to the north, south and west that makes up Specific Plan 218 was annexed into the City of La Quinta on August 13, 2002. The majority of the property within the Specific Plan is being developed by Shea Homes (as The Trilogy at La Quinta) and T.D. Desert Development (as Coral Option 1). Recently, the City approved an amendment to the specific plan eliminating the Coral Option 1 area from this specific plan and creating a new specific plan for that project. The subject property and land to the south (proposed for TT 31733) have been sold to the applicant for subdivisions that are not to be a part of the larger Trilogy or Coral Option 1 projects. The site, which is slightly below street grade, is covered with desert shrubs and appears to have been used, at least in part, for agricultural purposes in the past. As a result of pre -zoning and general plan designations by the City, the vacant property is zoned and has a land use designation of Medium Density Residential which allows up to eight dwelling units per acre (du/ac). The current zoning permits the Tentative Tract Map at the 4.49 du/ac density proposed. The Specific Plan approved by Riverside County before annexation allowed a Medium -High Residential Density range of up to eight du/ac that is the same as the maximum eight du/ac the City Medium Density Residential range permits. 02 4�� Project Request The applicant is proposing to subdivide the 43.8 gross acres (40.9 net acres) into 197 residential lots (Attachment 2). Several miscellaneous lots would be created, primarily for storm water retention areas. Several small lots are labeled as park sites, but are intended to be landscaped areas. The proposed density of this subdivision is 4.49 dwelling units per gross acre which is lower than the maximum eight du/ac range allowed by the zoning and Specific Plan. The existing zoning and Specific Plan requires a minimum lot size of 5,000 square feet. All lots exceed this requirement with the smallest lot being 5,090 square feet and the largest 10,430 square feet. The project will have private internal streets with a card access security gate. The tract is laid out in a modified loop with smaller loops and cul-de-sacs within the loop and to the north of the loop. The streets are curvilinear with landscape islands used at the cul-de-sac bulbs and several other locations. Internal streets are proposed at 32 feet wide that will allow on -street parking on one side of the street only. The main access to the project is on Monroe Street just north of, and across the street from, the new Trilogy entry. A second emergency access is shown near the eastern boundary on Avenue 60. The applicant proposes to add a 105±-foot deep strip of land adjacent to the south boundary of the project to use as part of this tract. The property to the south is also owned by this applicant and under consideration at this meeting as TT 31733. This addition of land will need to be completed under a separate lot line adjustment procedure prior to recordation of the final tract map. The majority of the lots in the center portion of the project• will use a separate lane (accessway) concept for garage access. These 20-foot wide lanes will be at the rear of the lots and be designated as common lots. The tentative tract map indicates a five-foot wide common area sidewalk adjacent to the front of the lot on the retention basin that will provide pedestrian access to the front of the residence. For those lots that front on a street, a five-foot wide sidewalk is proposed to be provided. On -site storm water retention is provided in three 4-5 foot deep basins located in the middle of the project. The applicant indicates these areas will be open space and a park site. Four additional small "park sites" are indicated on the map. These areas will be landscaped for passive use. The finish grade of the project will slope slightly upward from Monroe Street along the west boundary and be approximately five feet higher than the adjacent date grove property to the east that is in the unincorporated Riverside County area. 03 P:\stan\ttms\tt 31732 cc rpt.doc 430 Specific Plan Considerations The specific plan notes this area (Planning Area 41) as an "active adult reserve" but does not have any age criteria for its future residents. The applicant is not proposing to develop this tract as a "seniors only" project. The only project in the Specific Plan area that is for seniors (55 + years) is the Shea Homes project (Trilogy at La Quinta) west of Monroe Street and south of Avenue 58. That area was called an "active adult village" in the Specific Plan. Staff concludes the use of the project without age restrictions is acceptable based on the lack of a definition of the required age of the residents. The Specific Plan specifies required street widths for the "active adult village area, but only shows a conceptual street entry design for the "active adult reserve" area. Public Notice This request was advertised in the Desert Sun Newspaper on January 9, 2004, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comments, with any pertinent comments received incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission reviewed this request at the meeting of December 23, 2003, and after discussion, adopted Resolutions 2003-115 and 116, recommending approval of the request, subject to amended conditions of approval (Attachment 3). FINDINGS AND ALTERNATIVES: The proposed Tentative Tract Map complies with applicable city requirements and applicable Specific Plan provisions. The Findings to approve this request can be made as noted in the attached City Council Resolutions. The alternatives available to the City Council include: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003- 492; and io PAstan\ttms\tt 31732 cc rpt.doc 4 3 .f Adopt a Resolution of the City Council approving Tentative Tract 31732, subject to the Findings and Conditions of Approval; or 2. Do not adopt Resolutions of the City Council approving Environmental Assessment 2003-492 and Tentative Tract 31732; or 3. Provide staff with alternative direction. Respectfully submitted, Q rr Her a , nmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location map 2. Tentative Tract Map Exhibit 3. Planning Commission minutes for the meeting of December 23, 2003 JU 05 P:\stan\ttms\tt 31732 cc rpt.doc 2 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-492 PREPARED FOR TENTATIVE TRACT 31732 CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-492 APPLICANT: MICHAEL LA MELZA WHEREAS, the City Council of the City of La Quinta, California, did, on the 20`h day of January, 2004, hold a duly noticed Public Hearing to consider Environmental Assessment 2003-492 for Tentative Tract Map 31732, a subdivision of 43.8 acres into 197 residential lots located at the southeast corner of Monroe Street and Avenue 60, more particularly described as: APN's: 764-290-001 and 764-290-002 WHEREAS, said Environmental Assessment 2003-492 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 2003-492) and has determined that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and therefore, a Mitigated Negative Declaration of environmental impact should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California did on the 23rd, day of December, 2003, hold a public hearing to consider this request, and adopted Resolution 2003-115, recommending certification of this Environmental Assessment; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2003- 492. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal +�3U Inr4�3 P:\stan\ttms\ea 03-492 pc res tt 31732.doc City Council Resolution 2004- Environmental Assessment 2003-492 — Mlichael La Melza Adopted: January 20, 2004 community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an unmitigated adverse effect on wildlife resources or the habitat on which the wildlife depends in that mitigation measures are imposed on the project that will reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2003-492 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 414 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\ea 03-492 cc res tt 2 31732.doc City Council Resolution 2004- Environmental Assessment 2003-492 — Mlichael La Melza Adopted: January 20, 2004 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2003-492 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Plan on file in the Community Development Department and attached hereto (Exhibit "A"). 3. That Environmental Assessment 2003-492 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of January 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 08 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\ea 03-492 cc res tt 3 31732.doc Resolution 2004- Adopted: Environmental Checklist Form — EA 2003-492 1. Project title: Tentative Tract Map 31732 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: Southeast corner of Monroe Street and Avenue 60. APNs: 764-290-001 & - 002 5. Project sponsor's name and address: Michael LaMelza 74900 Highway 111 Indian Wells, CA 92210 6. General plan designation: Medium Density 7. Zoning: Medium High Density Residential 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.) Tentative Tract Map to subdivide 43.8 gross acres into 197 single family residential lots, street lots and open space lots. The open space, which is also expected to serve as the site's retention area for flood control purposes, runs from north to south in the center of the property. The lots are proposed to range from approximately 5,100 square feet to about 10,400 square feet. Other than the open space/retention area, a park of approximately 0.3 acre in size is proposed in the western half of the property. Primary access will be taken from Monroe, with a secondary access point on Avenue 60. Interior streets are proposed to be 32 feet, curb to curb. The property is part of the eastern extension of the Coral Mountain Specific Plan. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Avenue 60, Vacant Desert Lands South: Vacant Desert Lands West: Monroe Street, single family residential development within the Coral Mountain Specific Plan (Trilogy at La Quinta). East: Agriculture 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Bureau of Reclamation (Laterals 123.45-2.3 and 123.45-2.3-1.0) ) 09 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -1- Resolution 2004- Adopted: ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature ioc 10 December 10, 2003 "')% Date 4 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -2- Resolution 2004 Adopted: EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 1]. 4 8 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -3- Resolution 2004- Adopted: 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: the significance criteria or threshold, if any, used to evaluate each question; and the mitigation measure identified, if any, to reduce the impact to less than significance a) b) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic X resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The proposed project is not located on a General Plan Image Corridor. The approval of the Tract Map will not result in aesthetic impacts, or impacts from light and glare. The ultimate construction of homes on the site, which is flat and without significant physical features, will have only limited impacts on viewsheds in the area, since the City limits heights for residential structures to one and two stories. Since there are no significant physical features in the area, and urban uses are being built immediately to the west, impacts to aesthetics are expected to be less than significant. 12 4%`9 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -4- Resolution 2004- Adopted: Potentially Less Than Less Than No significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The proposed project is not currently in agriculture, and has not been for some time. Agricultural land uses do occur to the east of the project site, and will remain unaffected by development of the site. The site is part of a master planned community, in a rapidly urbanizing area of the City. There are no Williamson Act contracts on the subject property. Development of the site will not impact agricultural resources. 13 440 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -5- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The City's primary source of pollution is the automobile. The proposed tract map could result in 197 single family homes, which could generate up to 1,885 trips per day'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. J00 14 1 "Trip Generation, Oh Edition," Institute of Transportation Engineers, Single Family Detached category. 4411 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -6- Resolution 2004- Adopted: Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Length (miles) Total milestday 1,885 x 15 = 28,275 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 2,544.75 66,163.50 13,572.00 - 282.75 282.75 Pounds at 50 mph 5.62 146.06 29.96 - 0.62 0.62 SCAQMD Threshold (1bsJday) 75 550 100 150 Assumes 1,885 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 1095.6 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary �powerj �2 poles to avoid on -site power generation. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -7- Resolution 2004- Adopted: 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseeded on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Avenue 60 and Monroe Street shall be installed with the first phase of development on the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM10 are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. 443 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -8- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the roject: 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? (General Plan Exhibits 6.1-6.7) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan Exhibits 6.1-6.7) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan Exhibits 6.1-6.7) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan Exhibits 6.1-6.7) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan Exhibits 6.1-6.7) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, j �' or other approved local, regional, or state habitat conservationplan? General Plan 4td \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -9- Resolution 2004- Adopted: Exhibits 6.1-6.7) IV. a)-f) The proposed project site has pt&ibusly been in agriculture, but has been vacant for some time. The boundaries of the subject property have been significantly impacted by roadway improvements, particularly on the Monroe Street frontage. The site is not shown as habitat for any species of concern in the General Plan. The project is outside the boundary of the Fringe -toed Lizard Fee Area. Biological resources were previously analysed on the site under The Coral Mountain Specific Plan 218, certified by the County. Impacts of development of the site to biological resources are expected to be less than significant. ,Ju � 445 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -10- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? ("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)-d) A cultural resource survey was completed for the project site as part of the Coral Mountain Specific Plan EIR2. The survey identified and catalogued 2 sites, CA-RIV- 5211/11 and CA-RIV-6115, on the project site. Although site 6115 was determined to be of no historical significance, Phase II investigations were required of site 5211/H. These have yet to be undertaken. 1. A Phase II site investigation will be undertaken and submitted to the Community Development Department for review. No earth moving permit shall be issued on this site until the Phase H report has been approved by the Historic Preservation Commission. Implementation of this mitigation measure will assure that any potential impacts to cultural resources are mitigated to a less than significant level. _)10G 1.9 2 "Cultural Resources Report Coral Mountain Project," prepared by CRM Tech, September 1998. c \\CLQADMFS1\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -11- 4 A V Resolution 2004- Adopted: 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? ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) Ii) Strong seismic ground shaking? X ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) iii) Seismic -related ground failure, X including liquefaction? ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) iv) Landslides? ("Rancho La Quinta Specific X Plan FEIR, #218," September 1988) b) Result in substantial soil erosion or X the loss of topsoil? ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) 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 ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) Geotechnical analysis was conducted for the Coral Mountain Specific Plan EIR. The site will be subject to significant ground shaking in the event of a strong earthquake. The City will, however, impose Uniform Building Code standards on the project when strtapctures are proposed. The site is located in a liquefaction hazard area. The City requires the (�` \\CLQADMFS1\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -12- i ` 7 Resolution 2004- Adopted: preparation of site -specific geologic analysis with the submittal of grading and building plans. This analysis will be completed when structures are proposed for the site, and will determine whether additional construction techniques will be required. The site is not subject to landslides, and soils on the site are not expected to be expansive. Impacts associated with geology and soils are expected to be less than significant. 21. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -13- 4 z1f 3 Resolution 2004- Adopted: potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) 3, h) Expose people or structures to a" \\CLOADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -14- Resolution 2004- Adopted: 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. The site is not in an area subject to wildland fires. ,J0 23 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -15- ,5) 0 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the ro'ect: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. I1I-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? ("Hydrology Report Tentative Tract 31732," Tetra Tech, October 2003) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("Hydrology Report Tentative Tract 31732," Tetra Tech, October 2003) e) Create or contribute runoff water X which would exceed the capacity of existing or planned storrnwater drainage systems or provide substantial additional sources of polluted runoff? ("Hydrology Report Tentative Tract 31732," Tetra Tech, October 2003) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -16- Resolution 2004- Adopted: Rate Map or other flood hazard delineation map? (Coachella Valley Water District letter dated 10/20/2003) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service 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. The Bureau of Reclamation (BOR) and CVWD have irrigation lines in the vicinity of the proposed project. The site is bisected by Lateral No. 123.45=2.3-1.0 and by Tile Drainage System No. 2983. This line must be protected or relocated to ensure that on -site runoff does not affect the water distributed by the lines. In order to assure that water quality is no affected, the following mitigation measure shall be implemented: 1. Prior to recordation of the final map, the applicant shall demonstrate to the City Engineer, the CVWD and the BOR that all appropriate clearances have been secured and that the location of the irrigation lines have been protected through appropriate easement(s). VIII. c) & d) A hydrology study was completed for the proposed project4. 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 through the central landscaped open space areas of the project. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The CVWD indicated in a letter dated October 20, 2003 that the property is located in an area designated Flood Zone D by the Federal Flood Insurance Rate Maps'. This designation indicates that insufficient data exists to determine the risk associated with 3 Letter dated October 20, 2003, signed Dan Farris, CVWD Director of Engineering. 4 "Hydrology Report Tentative Tract 31732," prepared by Tetra Tech, Inc., October 2003. 5 Letter dated October 20, 2003, signed Dan Farris, CVWD Director of Engineering. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -17- Resolution 2004- Adopted: flooding on the property. In order to mitigate for this potential risk, the following mitigation measure shall be implemented: Prior to the issuance of the first certificate of occupancy for the project site, the applicant shall demonstrate to the City Engineer and to CVWD that construction of the proposed homes will not place these homes in a flooding hazard, and that a Letter of Map Revision has been approved by the Federal Emergency Management Agency (FEMA). NLI \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -18- 4 3 v Resolution 2004- Adopted: 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 Tract Map conforms to the General Plan and Zoning land use designations assigned to the site. The development of housing on this property represents a continuation of the urbanizing pattern experienced in this area of the City. The site is outside the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -19- Resolution 2004- Adopted: 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 outside the boundaries of the Resource Study Area of the California Department of Conservation, but is consistent with land within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -20- Resolution 2004- Adopted: 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? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) 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) U \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -21- Resolution 2004- Adopted: XI. a)-f) A noise analysis was conducted for the Coral Mountain Specific Plan EIR6. The study found that the proposed project site occurs in an area where noise levels are expected to exceed 65 dBA CNEL at the property line. The EIR requires that projects in areas where the 65 dBA CNEL will be exceeded will be required to perform noise analyses to ensure that impacts are reduced to a less than significant level. The City requires such analyses as part of the application for building permits. Therefore, in order to assure that noise levels are within City standards at the time that structures are constructed on the site, the following mitigation measure shall be implemented: Prior to the issuance of building permits, the applicant shall submit, for review and approval, a noise analysis demonstrating that noise levels on the project site will not exceed 65 dBA CNEL exterior and 45 dB CNEL interior, to both the Building Department and the Community Development Department. Mitigation measures in that report shall be shown on all building plans. The project will generate higher noise levels during all phases of construction. This noise generation, however, will occur during the less sensitive daytime hours. The site is relatively isolated, and does not occur adjacent to sensitive receptors. Impacts associated with construction noise are therefore expected to be less than significant. The site is not located in the vicinity of an air strip or airport. ._) 0 3 0 6 "Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," prepared by Westec Services, 4 7 September 1988. `� \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -22- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan land use designation for the property, and is in an area designated for low and medium density residential land uses. The project will not induce growth or displace an existing community. 31. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -23- 4� Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIH. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. The project includes considerable areas for open space, which will offset the need for off -site recreational facilities within the City. 10 32 4%59 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -24- Resolution 2004- Adopted: 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 landscaped open space areas which will provide recreational opportunities for the residents and lower the potential impacts to City facilities. 33 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -25- 4 " 0 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing .traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988)) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988)) 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)? (Tentative Tract Map 31732) e) Result in inadequate emergency X access? (Tentative Tract Map 31732) f) Result in inadequate parking capacity? X (Tentative Tract Map 31732) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The proposed project is consistent with the densities analysed in the Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218 and the City General Plat} tEIR. A Traffic levels in the area of the proposed project are expected to be at acceptable levels at ,� 461 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -26- Resolution 2004- Adopted: buildout of the General Plan. The applicant will be required to improve Avenue 60 and Monroe Street to City standards to ensure adequate traffic flow. Impacts associated with the buildout of the project site are expected to be less than significant. ) 35 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chkist.doc -27- 462 Resolution 2004- Adopted: 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 projects projected demand in addition to the providers existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the projects 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.) 3fi 463 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -28- Resolution 2004- Adopted: 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. The CVWD has indicated that additional facilities may be necessary, and that the project proponent will be responsible for providing them. The construction of the proposed project is expected to have less than significant impacts on utility providers. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has been identified as having cultural resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. 464 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -29- Resolution 2004- Adopted: XVII.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. XVII. c) The project will not have considerable cumulative impacts and is consistent with the General Plan designation on the property. 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. Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218 was used in this analysis. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 465 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 2003-492 cc chklst.doc -30- RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 43.8 ACRES INTO 197 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 31732 MICHAEL LA MELZA WHEREAS, The City Council of the City of La Quinta, California, did on the 201h day of January, 2004, hold a duly noticed Public Hearing to consider the request of Michael La Melza for the subdivision of 43.8 acres into 197 residential lots and miscellaneous lots, located at the southeast corner of Monroe Street and Avenue 60, more particularly described as: APN's 764-290-001 and 764-290-002 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has completed Environmental Assessment 2003-492 and has determined that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and therefore, a Mitigated Negative Declaration of Environmental Impact should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California did on the 23rd, 2003, hold a public hearing to consider this request, and adopted Resolution 2003-1 16, recommending approval subject to conditions; 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 of Approval to justify approval of said Tentative Tract Map 31732: 1. The Map and its design are consistent with the General Plan and Specific Plan in that its lots and improvements conform with applicable goals, policies, and development standards, in terms of lot size, street widths, utilities and provide adequate infrastructure and public utilities. PAstan\ttms\tt 31732 pc res.doc 4 6- City Council Resolution 2004- Tentative Tract Map 31732 — La Melza Adopted: January 20, 2004 2. The design of the subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been imposed to mitigate those impacts. 3. The design of the subdivision and the proposed types of improvements are not likely to cause serious public health problems because the improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist. 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 approve Tentative Tract Map 31732 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20' day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California p:\stan\ttms\tt 31732cc pc res.doc 40 4E7 City Council Resolution 2004- Tentative Tract Map 31732 — La Melza Adopted: January 20, 2004 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 A0 41 p:\stan\ttms\tt 31732 pc res,doc 4f8 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1 Y Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Secondary Arterial, 88' ROW) - The standard 44 feet from the centerline of Monroe Street for a total 88-foot ultimate developed right of way. 2) Avenue 60 (Primary Arterial, Option A, 1 10' ROW) — The standard 55 feet from the centerline of Avenue 60 for a total 110-foot ultimate developed right of way. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS uJC 4-1 PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Private Residential Streets measured at gutter flow line to gutter flow line: 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL DE SACS 11 The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger, using a smooth curve instead of angular lines similar to the layout shown on the tentative map. A minimum twenty -foot travel way shall be maintained when a center island is incorporated in the cul de sac design. C. KNUCKLE 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. A minimum twenty -foot travel way shall be maintained when a center island is incorporated. D. ALLEY 1) The design of the alley shall conform to the shape and layout shown on the tentative map and as required by the City Engineer. The applicant shall establish 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) The applicant shall get approval of the Riverside Sheriff's Department and Fire Department for addressing of lots with alley EGG 45 472 P:\STAN\ttm's\tt 31732 cc coa.doc 3) frontages only. For lots with both private street and alley frontages, vehicular access shall be via the alley frontage. 1 1 . Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 12. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 13. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Avenue 60 (Primary Arterial, Option A) — 20-foot from the R/W-P/L. B. Monroe Street (Secondary Arterial) - 20-foot from the R/W-P/L to provide for the multi -purpose trail conditioned herwith. 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. 14. 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. 15. Direct vehicular access to Monroe Street and Avenue 61 from lots with frontage along Monroe Street and Avenue 61 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 16. 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. � 0 '573 PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 18. 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. 19. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 20. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street and Signing & Striping Plans: 1 " = 40' Horizontal, 1 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering .JOG 477� 4 P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street/Drainage Plan: C. On -Site Rough Grading Plan D. Site Development Plan 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " = 40' Horizontal Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official 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. 21. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 22. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. )0 48 P:\STAN\ttm's\tt 31732 cc coa.doc 475 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: 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 23. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 24. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 25. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 26. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. ' 0 4t PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 28. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. J00 �q i P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 32. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen J00 51 478 PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: inches 0 8") behind the curb. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more that one foot higher than the building pads in adjacent developments. 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. 36. 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. 37. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 38. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 39. 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. u00 ��q P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: 40. 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. 41. 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. 42. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. Walls abutting retention basins shall be a maximum 3-foot high solid wall topped with wrought iron. The applicant shall establish provisions for the abovementioned restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 43. 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. 44. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 45. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development, especially along the east boundary. The lots abutting the property to the east shall be graded level up to any perimeter wall. If the slope on the tentative tract map remains, the applicant may relinquish the sloping portion as shown on the tentative tract map to the property owner to the east to accomplish this condition. 46. 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. 47. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. P:\STAN\ttm's\tt 31732 cc coa.doc 53 480 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: UTILITIES 48. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 49. 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. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. 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 52. 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. 53. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Monroe Street (Secondary Arterial; 88' R/W): 54481 P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 MICHAEL LA MELZA ADOPTED: Widen the east side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the east side as specified in the General Plan. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located thirty two feet (32') east of the centerline. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A Multi -Use Trail. The applicant shall construct a meandering 10-foot wide multi -use trail along the Monroe Street frontage within the required 22-foot wide combined setback/parkway. The location and design of the trail shall be approved by the City. The multi -use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. 2) Avenue 60 (Primary Arterial, Option A — 1 10' R/W): Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the General Plan. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The south curb face shall be located forty three feet (43') south of the centerline. Other required improvements in the Avenue 60 right or way and/or adjacent landscape setback area include: 1) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. a) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes 55 4 8�? P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Half width of a 14 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a left turn only lane for the west bound traffic with left turn out restrictors at the secondary entry. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is prohibited on both sides and 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. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. D. KNUCKLE 483 P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. E. ALLEYS 1) The design of parking facilities shall conform to LQMC Chapter 9.150. 55. 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 -accepted vehicles. 56. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10, demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 57. 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: Alley Residential Secondary Arterial Primary Arterial 2.5" a.c./4.0" c.a.b. 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 58. 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 57 434 PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: 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. 59. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Monroe Street, Secondary Arterial, approximately 730 feet south of Avenue 60 measured curb return to curb return): Full turn movements are permitted. B. Secondary Entry (Avenue 60, Primary Arterial, Option A, approximately 900 feet east of Monroe Street measured curb return to curb return): Right turn in and out movements and left turn in movements are permitted. Left turn out movements are prohibited. 60. 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. 61. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 62. 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. 58 4_.8 J P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: LANDSCAPING 63. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 64. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 65. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 66. 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 street QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 69. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 486 P:\STAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant 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. 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. 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). 74. Prior to final map approval by the City Council, the developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13,48 of the La Quinta Municipal Code. 75. Within 24 hours of approval of the tentative tract map by the City Council, the developer shall submit to the Community Development Department, a check made out to the County of Riverside for $1,314 to allow filing of a Notice of Determination for Environmental Assessment 2003-492 as required by State law. FIRE MARSHAL 76. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- . A it t PASTAN\ttm's\tt 31732 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: hour duration at 20 PSI. 77. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, apartments, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 78. The water mains shall be designed to provide a for a potential fire flow of 2500 GPM and an actual fire flow available from any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 79. Blue dot retro-ref lectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 80. City of La Quinta ordinance requires all buildings, other than single family, 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 81. Flag lots are not allowed by the Fire Department for safety reasons. Please check the following lots, TR 31732 lots 1, 61, 62, 164, 165 TR 31733 lots 5, 17, 21, 73, 97 is marginal, 120, 121. 82. Any turn or turn -around requires a minimum 38-foot turning radius. 83. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 84. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 85. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 61` P:\STAN\ttm's\tt 31732 cc coa.doc 488 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 — MICHAEL LA MELZA ADOPTED: 86. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 87. 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. Two sets of water plans are to be submitted to the Fire Department for approval. 88. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 89. Building plan check is to run concurrent with the City plan check. Submittals are the responsibility of the owner. MISCELLANEOUS 90. A lot line adjustment shall be completed for the north boundary of the tract prior to recordation of the first Final Map. 91. Perimeter wall designs including height, color, material, design shall approved by the Community development Department prior to issuance of building permit for the wall. 92. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. Names to be approved prior to recordation of final map. 93. All mitigation measures contained in Environmental Assessment 2003-492 shall be met. 94. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC and R's) for the project. 95. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 62 PASTAN\ttm's\tt 31732 cc coa.doc 489 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31732 - MICHAEL LA MELZA ADOPTED: 96. Minor lot configuration modifications required to comply with Fire Marshal requirements shall be reviewed and approved by the Community Development Department. 97. If garages back onto to the 20-foot wide "alleys" at the rear the lots, a 26-foot backup area shall be provided behind the garage. 98. Approval of production homes and common area buildings requires approval of a Site Development permit application by the Planning Commission. PASTAN\ttm's\tt 31732 cc coa.doc 63 490 s 91 ATTACHMENT #2 94. qq ® 5aa! �1 !1 a� °.� gJ1111 �ir U�°° 'fill 1l5o�', i 3 z" Ijtl' aa t+. � LU >sIlife, 4 IN Is L�w c b tlttlt i+L ([ �l LLI N �` d w yl < � £00-OZ£-f9L/ NdV t r :- -; I� � . _ -.e s �� ..I,.. _� : _.-•-� �,^' "-'-. � ---- a �; -- .. i;_ .. 7 ... �- - a a,.... i" yr �rT - -. -..� ,, t' i + ,i' '- a iyl � $ � 5 ',,- �a I"�i 1 �a IpA i I� a a'a' Sjy ./�p. �'i a I �'i rg��-1 ss • i 1 4•il � :�= ��. 1�'�r' �Y'a�' �Yg'd � F' •s t9.: �" '9Y�J 4�J. ,,�� . �Y � 7 .t �" . rst! �j —n5le -yi�i:I •- 7'�-7Yi � I w g�• '!a • '{"�aa a'i a : i�I a• 'i � i �i. I,� ! SEYE� • °i t' ' a S�' � ��''��y I : g�• JY ..Ri I '"p•Rii qa - K � Ia` Y a tr wraii V �'^ »ai �x 3.... ea —4Yi � °i E, II `I P ��Y t►- .+. 1 ail stirs=�YRIS�•.ia�as'i`i ,rP3YR d .!� a SY ' II � °i 1"iY I I � � ^ iel _�i I a x i • ! '� ?a r as �• � a• � —gY —�Y '�;Y ��• I � i= sai l� � s• � E� � � � I � L �ii I I 6• .�' i � :i2n!d ti". ai �• ,t s 1 �' , r ffir a• s >p I a'_.�Y a• i!'Q � I' "iY � I 1 a �aa � N a ai •� v Sa �" 5i 1 t, s 1 °ii' x rl ► Asa. b �, �Y t Re, aai ! 5 M ``ai_ ra Y •�Y s£jY� SY ai '�'ti'a ' •'.a_. , • ro rlyri sai . i s if "aid " .: �4s�t i ai 77 1 - - \ jlll �,i �t ir,rl s�_ a s �"I ■ 4 ,. ATTACHMENT #3 Planning Commission Minutes December23, 2003 6. There being no further discussi , it was moved and seconded by Commissioners Tyler/Abels t adopt Minute Motion 2003-021 approving Sign Application 2 03-734, as amended: a. Condition added: one ponument sign allowed. 7. Commissioner Quill stat!c f here are two separate parcels and each does have the opportuni to have its signage. He asked if they were approving two s arate sign program. Planning Manager Oscar Orci stated it w common to combine parcels into one sign program. Should the plicant, at some future time, decide to spin off one of the parce they would be allowed to have their own signage. City Attor y Kathy Jenson stated the applicant could be required to record mething on the property that gives Parcel 2 a recorded right t have their own monument sign. Planning Manager Oscar ci indicated that a sign program can be amended at any time in a future to add or delete signs; therefore, the signs can be i luded or excluded from the sign program. 8. Commission Abels asked the location of the monument signs. Staff indica d the location on the site map. 9. Commissi ner Tyler suggested the monument sign be placed on the wes entry. Staff stated that both signs were on the west side. ROLL CALL: YES: Commissioner Tyler and Chairman Kirk. NOES: Commissioners Abels, Daniels, Quill. ABSTAIN: None. ABSENT: None. 10. It as moved and seconded by Commissioners Abels/Quill to a pt Minute Motion 2003-021 approving Sign Application 2003- 7 4 as recommended. ROLL FALL: AYES: Commissioners Quill, Abels, Daniels. NOES: Commissioner Tyler and Chairman Kirk. ABSTAIN: None. ABSENT: None. C. Environmental Assessment 2003-492 and Tentative Tract Map 31732; a request of Michael La Melza, for consideration of a subdivision of 43.8 gross acres into 197 single family lots in the Medium Density Residential zones for the property located at the southeast corner of Monroe street and Avenue 60. 66 G:\WPDOCS\PC Minutes\12-23-03WD.doc 9 403 Planning Commission Minutes December23, 2003 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if this project still falls under the original Coral Mountain Specific Plan. Staff stated that was correct. Commissioner Tyler asked if it would be card entry only and no guard. Staff stated that was correct. Commissioner Tyler asked if the main entry to this project would like up with the entry to the Coral Option so, when warranted, a signal could be installed. Staff clarified it is adjacent to, but not lined up. Commissioner Tyler questioned why it was being off -set and requested they be required to line up. 3. Commissioner Tyler questioned Condition #16 that it should be Avenue 60 not 61. He then questioned Condition #36 in regard to building pad elevations as it appears to be different than what was stated in the report. Planning Manager Oscar Orci clarified that the report describes the general characteristics of the property. In the conditions it pertains to specific grade pads once they are graded. Assistant City Engineer Steve Speer stated the condition was addressing the heights of the adjacent pads. Commissioner Tyler asked the need for Conditions #55 and #56. Staff explained it was needed for the guests entering at the gate. Commissioner Tyler asked that Condition #59 should specify the alignment of the two entries. Also Condition #67 should be corrected to state, "City's' Water Efficient Landscaping Ordinance" and delete the last two sentences. Condition #84 should delete any reference to Tentative Tract Map 31733. Condition #93 should be changed to reference the "south" boundary of the tract. Condition #100 needs to be clarified to read that an additional six feet are required for back-up purposes. Condition #101 cleaned up to read "processing of a Site'Development Permit application." 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Don Vita, VITA Planning and Landscape Architecture, landscape architect for the project, gave an explanation of the project. 67 G:\WPDOCS\PC Minutes\12-23-03WD.doc 10 494 + Planning Commission Minutes December23, 2003 5. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill clarified the trash pick-up would be in the alley'/lane. Mr. Vita stated yes. Commissioner Quill asked if the drainage would also be handled in the lane and street. Mr. Vita stated yes. Commissioner Quill asked, what the proposed front setbacks on the street. Mr. Vita stated on both the main street, the central main street that bisects the properties, they are proposing a street section that has 32 foot travelway, including parking, a five foot parkway, five foot sidewalk and ten foot setback to the building face. The rear yard setback would be the six feet. They will be walled with some two story units. There may be some porches or courtyards with parking on one side. Commissioner Quill asked how the slopes would be handled. Mr. Vita stated he would ask their civil engineer to answer the question. 6. Chairman Kirk asked why they did not add some commercial to the project. Mr. Vita stated this development could not support the commercial on its own. 7. Commissioner Tyler asked how the houses that are adjacent to the open space take access. Mr. Vita stated there is vehicle access behind the unit and a connecting sidewalk, where the front door is located. Commissioner Tyler clarified the only access between the two tracts is the open space area. Mr. Vita stated yes; there is no vehicular access. Commissioner Tyler asked if they had any objection to lining up their entry with the one across the street. Mr. Vita stated they could make it work. 8. Chairman Kirk asked where the access was to the garage for Lot 197. Mr. Vita stated it is off the lane to the north. The facade facing the knuckle would have a look similar to the front of the house, therefore no wall would be constructed, only landscaping. Chairman Kirk asked about the use of the perimeter park areas. Mr. Vita stated they wanted to have each cul-de-sac end in a landscape area. The lots around the perimeter are not lane loaded lots, but front loaded lots and they wanted to break up the long run of lots with some meaningful open space between buildings. Chairman Kirk asked why they did not use a specific plan. Mr. Vita stated they wanted to meet the original Specific Plan requirements and not have to go through a new specific plan process. Chairman Kirk asked if the City's Code could accommodate new traditional/urbanism development within its G:\WPDOCS\PC Minutes\12-23-03WD.doc 6.8 11 4 9 Planning Commission Minutes December23, 2003 existing zoning code. Were they looking to have street wells encroaching in right of ways, other traffic calming measures, narrowing street corners, etc. Mr. Vita stated there are some compromises they would like to have, but in terms of working within the Specific Plan they do not think the minor compromises detract from the liability of doing this type of project. , Chairman Kirk asked if the 20 foot lane meets the City's Code.. Assistant City Engineer Steve Speer stated no and he is not aware if the original Coral Mountain Specific Plan contained any requirements for lanes. 9. Commissioner Quill asked where the utilities would be located. Mr. Robert Eisenbeisz, engineer for the project, stated the water mains would be in the front street area. Some of the other passive utilities would be in the lane. 10. Commissioner Tyler asked their opinion on Condition #84. Mr. Eisenbeisz stated they would like to work this through with the Fire Department. Staff stated they too have been trying to get clarification from the Fire Department. It is staffs understanding they have concerns with the length of "flag lots". Staff is trying to work with the Fire Department to understand and mitigate their concerns. 11 Commissioner Quill stated he likes the development, but questioned the tentative map showing a curb adjacent sidewalk and about ten feet to the public easement. He would like to see that the map be revised that the curb adjacent sidewalk would not occur, but a parkway be added between the walk and curb. 12. Chairman Kirk asked the applicant to explain the park located between Lots 153 and 154. Mr. Vita explained this park has the ability to have a pedestrian connection to the project to the south. 113. Commissioner Quill asked how are the retention basins were going to handle the nuisance water? Mr. Vita explained the circular park will be a lawn or park area. The two finger parks to the north and south would be more desert landscaping that would receive the nuisance water. If dry wells are needed they will install them. 14. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the project for Commission discussion. G:\WPDOCS\PC Minutes\12-23-03WD.doc 69 12 496 Planning Commission Minutes December23, 2003 E 15. Commissioner Quill stated this is an interesting opportunity to see something new. He would like to see some of the issues raised addressed in the conditions like the sidewalk and lining up the two intersections. 16. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2003-115 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-492, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 17. There being no further discussion, it was moved and seconded by Commissioners . Tyler/Daniels to adopt Planning Commission Resolution 2003-1 16, recommending approval of Tentative Tract Map 31732, as amended: a. Condition #16: Change Avenue 61 to Avenue 60 b. Condition #59.A.: Modified to specify the alignment of the entries. C. Condition #67: Corrected to state, "City's' Water Efficient Landscaping Ordinance and delete the last two sentences. d. Condition #84: Delete any reference to Tentative Tract Map 31733. e. Condition #94: Changed to reference the "south" boundary of the tract. f. Condition # 100: Clarified to read that an additional six feet are required for back-up purposes. g. Condition #101: Clarified to read "processing of a Site Development Permit application." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. zo fironmentalAssessment 2003-4923and Tentative Tract Map 31733; a uest of Michael La Melza, for consideration of a subdivision of 37 acres into 127 single family lots in the Medium Density Residential ies r the property located at the northeast corner of Monroe street and AveNje 61. G:\WPDOCS\PC Minutes\12-23.03WD.doc 70 13 497 TO: FROM: DATE: RE: TdT 4 4 Qumto MEMORANDUM Community Development Department Steve Speer, Assistant City Engineer January20, 2004 .T� z fi'�'z -/ I 7.0odo-v" i �RE�E�VEQ 0 20�Q W CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP 31732 MICHAEL LA MELZA The following changes to the abovementioned conditions are recommended by the Public Works Department. Amend Condition 13(B) to read: B. Monroe Street (Secondary Arterial) —15-foot from the RNV-P/L to provide for the multi -use trail conditioned under STREET AND TRAFFIC IMPROVEMENTS. The perimeter landscaping setbacks along Monroe Street may be an average setback if approved by the City Engineer. Amend Condition 53(A)(1)(b) to read: b) A Multi -Use Trail. The applicant shall construct a meandering 10-foot wide multi -use trail along the Monroe Street frontage within the required average 15 foot wide landscape setback per the aforementioned condition. The location and design of the trail shall be approved by the City. The multi -use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. If approved by the City Engineer, the trail may meander within 8 feet of the proposed curb face. 1 of 2 498 Amend Condition 53(B) to read: B. PRIVATE STREET 1) Construct 32-foot wide travel width as shown on' the tentative map measured from gutter flow line to gutter flow line, with parking restricted to one side 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. 2of2 49- COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions Approving a Mitigated Negative Declaration for Environmental Assessment 2003-493 and Tentative Tract 31733, a Subdivision of 127 Single Family Lots on 37 Acres, Located at the Northeast Corner of Monroe Street and Avenue 61. Applicant: Michael La Melza RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-492; and Adopt a Resolution of the City Council approving Tentative Tract 31733, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Environmental Considerations Environmental Assessment 2003-493 was prepared for this tentative tract map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that; the project with mitigation measures will not have a significant adverse impact on the environment and therefore, recommends that a Mitigated Negative Declaration of environmental impact be certified. p:\stan\ttms\tt 31733 cc rpt.wpd 500 General Plan Designation - MDR (Medium Density Residential, up to 8 dwelling units per acre). Zoning - RM (Medium Density Residential). Surrounding Zoning/Land Uses North: RM / vacant land owned by applicant South: Riverside County / date grove East: Riverside County / date grove West: RMH / homes in Trilogy at La Quinta and vacant land Property History The vacant site, at the northeast corner of Monroe Street and Avenue 61, is a part of the Coral Mountain Specific Plan (Specific Plan No. 218, Amendment No. 1) which was approved by the Riverside County Board of Supervisors on August 15, 2000 (Attachment 1). The property and surrounding land to the north and west that make up Specific Plan 218 was annexed into the City of La Quinta on August 13, 2002. The majority of the property within the Specific Plan is being developed by Shea Homes (as The Trilogy at La Quinta) and T.D. Desert Development (as Coral Option 1). The subject property and land to the north (proposed for TT 31732) have been sold to the applicant for subdivisions that are not to be a part of the larger Trilogy or Coral Option 1 projects. Recently, the City approved an amendment to the Specific Plan eliminating the Coral Option 1 area from this Specific Plan and creating a new Specific Plan for that project. The site, which is slightly below street grade, is covered with desert shrubs and appears to have been used, at least in part, for agricultural purposes in the past. As a result of pre -zoning and General Plan designations by the City, the vacant property is presently zoned and has a land use designation of Medium Density Residential that allows up to eight dwelling units per acre (du/ac). The current zoning permits the Tentative Tract Map at the 4.43 du/ac density proposed. The Specific Plan approved by Riverside County before annexation allowed a Medium - High Residential Density range of up to eight du/ac that is the same as the maximum eight du/ac the City Medium Density Residential range permits. Project Request The applicant is proposing to subdivide the 37 gross acres (34.7 net acres) into 127 residential lots (Attachment 2). Several miscellaneous lots would be created, primarily for storm water retention areas. A portion of Lot "C" shows a clubhouse area, swimming pool, and associated parking lot for 27 cars. Development plans for these facilities have not yet been submitted. Q p:\stan\ttms\tt 31733 cc rpt.wpd The proposed density of this subdivision is 4.49 dwelling units per gross acre which is lower than the maximum eight du/ac range allowed by the zoning and Specific Plan. The existing zoning and Specific Plan require a minimum lot size of 5,000 square feet. All lots exceed this requirement with the smallest lot being 5,232 square feet and the largest 12,223 square feet. A .55 acre CVWD water well site is shown along the middle of the site, adjacent to the east property line. Access to this well site will have to be from within the project, or from the date grove site to the east, if an easement can be obtained. The project will have private internal streets with a card access security gate. The tract is laid out in a modified loop with smaller loops and cul-de-sacs within the loop and to the north of the loop. The streets are curvilinear with landscape islands used at the cul-de-sac bulbs and several other locations. Internal streets are proposed at 32-feet wide that will allow on -street parking on one side of the street only. The main access to the project is on Monroe Street. An emergency access is shown near the eastern boundary on Avenue 61. The applicant proposes to transfer a 105±-foot deep strip of land along the north boundary of the project to be used as part of Tentative Tract 31732. The property to the north is also owned by this applicant and under consideration at this meeting as TT 31732. This adjustment of land will need to be completed under a separate lot line adjustment procedure prior to recordation of the final tract map. On -site storm water retention is provided in three 3-3.5 foot deep basins located near the middle of the project. These areas will be landscaped for passive use. The finish grade of the project will vary from approximately even with Monroe Street along the west boundary to approximately six feet higher than the adjacent date grove property to the east that is in unincorporated Riverside County. Presently, a 50-foot wide easement to the Coachella Valley Water District (CVWD) for pipeline purposes exists along the length of the southern property line adjacent to Avenue 61. This easement runs through the lots adjacent to Avenue 61. An agricultural pipeline exists within this easement. The applicant has stated that CVWD has indicated a willingness to allow the relocation of the easement and pipeline to an area in the Avenue 61 right-of-way. Specific Plan Considerations The Specific Plan notes this area (Planning Area 41) as an "active adult reserve" but does not have any age criteria for its future residents. The applicant is not proposing to develop this tract as a seniors -only project. The only area in the Specific Plan area that is for seniors (55 + years) is the Shea Homes project (Trilogy at La Quinta) west of Monroe Street and south of Avenue 58. That area was called P:\stan\ttms\tt 31733 cc rpt.doc { 03 an "active adult village" in the Specific Plan. Staff concludes the use of the project without age restrictions is acceptable based on the lack of a definition of the required age of the residents. The Specific Plan specifies required street widths for the "active adult village" area, but only shows a conceptual street entry design for the "active adult reserve" area. Public Notice This request was advertised in the Desert Sun Newspaper on January 9, 2004, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comments, with any pertinent comments received incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission reviewed this request at the meeting of December 23, 2003, and after discussion, adopted Resolutions 2003-117 and 118, recommending approval of the request, subject to amended conditions of approval (Attachment 3). FINDINGS AND ALTERNATIVES: The proposed Tentative Tract Map complies with applicable City requirements and applicable Specific Plan provisions. The Findings to approve this request can be made as noted in the attached City Council Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003- 492; Adopt a Resolution of the City Council approving Tentative Tract 31733, subject to the Findings and Conditions of Approval; or 2. Do not approve Resolutions of the City Council approving Environmental Assessment 2003-493 and Tentative Tract 31733; or PAstan\ttms\tt 31733 cc rpt.doc 5 L,.3 3. Provide staff with alternative direction. Respectfully sub JeTy Herm1(n, CoInmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location map 2. Tentative Tract Map Exhibit 3. Planning Commission minutes for the meeting of December 23, 2003 PAstan\ttms\tt 31733 cc rpt.doc 05 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-493 PREPARED FOR TENTATIVE TRACT 31733 CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-493 APPLICANT: MICHAEL LA MELZA WHEREAS, the City Council of the City of La Quinta, California, did, on the 20" day of January, 2004, hold a duly noticed Public Hearing to consider the request of Michael La Melza for Environmental Assessment 2003-493 for Tentative Tract Map 31733 which allows subdivision of 37 acres into 127 residential lots located at the northeast corner of Monroe Street and Avenue 61, more particularly described as: APN's: 764-290-001 and 764-290-002 WHEREAS, said Environmental Assessment 2003-493 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 2003-493) and has determined that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment to reduce the impacts to less than significant levels and therefore, a Mitigated Negative Declaration of environmental impact should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of December, 2003, hold a public hearing to consider this request, and adopted Resolution 2003-117, recommending certification of this Environmental Assessment; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following findings to justify certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2003- 493. P:\stan\ttms\ea 03-493 cc res tt 31733.doc 06 5 is 5 City Council Resolution 2004- Environmental Assessment 2003-493 - Michael La Melza Adopted: January 20, 2004 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. There is no evidence before the City that the proposed project will have the potential for an unmitigated adverse effect on wildlife resources or the habitat on which the wildlife depends in that mitigation measures are imposed on the project that will reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2003-493 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). S:\City Clerk\Resolutions\La Melza EA Reso 31733.doc ; 107 City Council Resolution 2004- Environmental Assessment 2003-493 — Michael La Melza Adopted: January 20, 2004 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2003-493 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Plan on file in the Community Development Department and attached hereto (Exhibit "A"). 3. That Environmental Assessment 2003-493 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of January 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California S:\City Clerk\Resolutions\La Melza EA Reso 31733.doc 3 08 5G7 City Council Resolution 2004- Environmental Assessment 2003-493 — Michael La Melza Adopted: January 20, 2004 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California S:\City Clerk\Resolutions\La Melza EA Reso 31733.doc 4 5C8 Resolution 2004- Adopted: Environmental Checklist Form — EA 2003-493 Project title: Tentative Tract Map 31733 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Stan Sawa 760-777-7125 4. Project location: Northeast corner of Avenue 61 and Monroe Street 5. Project sponsor's name and address: Michael La Melza 74900 Highway 111 Indian Wells, CA 92210 6. General plan designation: Medium Density 7. Zoning: Medium High Density Residential 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.) Tentative Tract Map to subdivide 37 acres into 127 single family residential lots, street lots and open space lots. The site will also include a clubhouse and pool area The open space, which is also expected to serve as the site's retention area for flood control purposes, occurs behind the residential lot pods throughout the center of the project. The lots are proposed to range from approximately 5,200 square feet to about 12,220 square feet. Primary access will be taken from Monroe, with a secondary access point on Avenue 61. Interior streets are proposed to be 32 feet wide, curb to curb. The property is part of the eastern extension of the Coral Mountain Specific Plan. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant Desert Lands South: Avenue 61, agricultural lands West: Monroe Street, single family residential development within the Coral Mountain Specific Plan. (Trilogy at La Quinta) East: Agriculture 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Bureau of Reclamation (Lateral 123.45-2.3-1.0) \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -1- 5C Resolution 2004- Adopted: ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. December 10, 2003 Signature Date \\CLQADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -2- 11. Resolution 2004- Adopted: EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except " No Impact answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -3- 12 511 Resolution 2004- Adopted: 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) The proposed project is not located on a General Plan Image Corridor. The approval of the Tract Map will not result in aesthetic impacts, or impacts from light and glare. The ultimate construction of homes on the site, which is flat and without significant physical features, will have only limited impacts on viewsheds in the area, since the City limits heights for residential structures to one and two stories. Since there are no significant physical features in the area, and urban uses are being built immediately to the west, impacts to aesthetics are expected to be less than significant. 13 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -4- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 .) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The proposed project is not currently in agriculture, and has not been for some time. Agricultural land uses do occur to the east and south of the project site, and will remain unaffected by development of the site. The site is part of a master planned community, in a rapidly urbanizing area of the City. There are no Williamson Act contracts on the subject property. Development of the site will not impact agricultural resources. 14 \\CLQAD MFS 1 \PLAN N I NG\STAN\tt m's\ea 03-493 cc chklst.doc -5- 513 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PMl0 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 tract map could result in 127 single family homes, which could generate up to 1,148 trips per day'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. I "Trip Generation, 6t' Edition," Institute of Transportation Engineers, Single Family Detached category. \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -6- 15 514 Resolution 2004- Adopted: Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 1,148 X 15 = 17,200 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 1,549 80 40,294.80 8,265.60 - 172.20 172.20 Pounds at 50 mph 3.42 88.95 18.25 - 0.38 0.38 SCAQMD Threshold (lbs /day) 75 550 100 150 Assumes 1,148 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75T light duty autos catalytic. As demonstrated above, the proposed project will 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 Vacani 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 1011.2 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. \\CLQAD MFS 1 \PLAN N I NG\STAN\tt m's\ea 03-493 cc chklst.doc -7- - iC�►1 Resolution 2004- Adopted: 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydroseeded on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Avenue 61 and Monroe Street shall be installed with the first phase of development on the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PMIO are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. \\CLnADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -8- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: 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? (General Plan Exhibits 6.1-6.7) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan Exhibits 6.1-6.7) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan Exhibits 6.1- 6.7) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan Exhibits 6.1-6.7) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan Exhibits 6.1-6.7) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -9- 8 Resolution 2004- Adopted: Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? General Plan Exhibits 6.1-6.7) IV. a)-f) The proposed project site has previously been in agriculture, but has been vacant for some time. The boundaries of the subject property have been significantly impacted by roadway improvements, particularly on the Monroe Street frontage. The site is not shown as habitat for any species of concern in the General Plan. The project is outside the boundary of the Fringe -toed Lizard Fee Area. Biological resources were previously analyzed on the site under The Coral Mountain Specific Plan 218, certified by the County. Impacts of development of the site to biological resources are expected to be less than significant. 19 \\CLQAD MFS 1 \PLAN NING\STAN\ttm's\ea 03-493 cc chklst.doc -10- 513 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES — Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in '15064.5? (" 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? (Thstorical/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? (" I-listorical/Archaeological Resources Survey..," CRM Tech, October 2003) V. a)-d) A cultural resource survey was completed for the project site as part of the Coral Mountain Specific Plan EIR2. The survey identified and catalogued 2 sites, CA-RIV- 5211/H and CA-RIV-6115, on the project site. Although site 6115 was determined to be of no historical significance, Phase II investigations were required of site 5211/H. These have yet to be undertaken. 1. A Phase II site investigation will be undertaken and submitted to the Community Development Department for review. No earth moving permit shall be issued on this site until the Phase II report has been approved by the Historic Preservation Commission. Implementation of this mitigation measure will assure that any potential impacts to cultural resources are mitigated to a less than significant level. 2 "Cultural Resources Report Coral Mountain Project," prepared by CRM Tech, September 1998. 20 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chkist.doc -11- JZ� Resolution 2004- Adopted: 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? ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) ii) Strong seismic ground shaking? X ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) iii) Seismic -related ground failure, X including liquefaction? ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) iv) Landslides? ("Rancho La Quinta Specific X Plan FEIR, #218," September 1988) b) Result in substantial soil erosion or the X loss of topsoil? ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) 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 ("Rancho La Quinta Specific Plan FEIR, #218," September 1988) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) \\CLQAD MFS 1 \PLAN N I NG\STAN\tt m's\ea 03-493 cc chklst.doc -12- 520 Resolution 2004- Adopted: VI. a)-e) Geotechnical analysis was conducted for the Coral Mountain Specific Plan EIR. The site will be subject to significant ground shaking in the event of a strong earthquake. The City will, however, impose Uniform Building Code standards on the project when structures are proposed. The site is located in a liquefaction hazard area. The City requires the preparation of site -specific geologic analysis with the submittal of grading and building plans. This analysis will be completed when structures are proposed for the site, and will determine whether additional construction techniques will be required. The site is not subject to landslides, and soils on the site are not expected to be expansive. Impacts associated with geology and soils are expected to be less than significant. \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -13- 2 "- 5r)I Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project. 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) 23 \\CLQADMFS1 PLANNING\STAN\ttm's\ea 03-493 cc chkist.doc -14- 520.) Resolution 2004- Adopted: g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation. plan? (General Plan MEA p. 95 f 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. The site is not in an area subject to wildland fires. 24 \\CLQADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -15- 523 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing drainage X 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? ("Hydrology Report Tentative Tract 31733," Tetra Tech, October 2003) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("Hydrology Report Tentative Tract 31733," Tetra Tech, October 2003) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("Hydrology Report Tentative Tract 31733," Tetra Tech, October 2003) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood \\CLOADMFS 1 \PLAN NING\STAN\ttm's\ea 03-493 cc chkist.doc -16- 2 2 j4 Resolution 2004- Adopted: Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Coachella Valley Water District letter dated 10/20/2003) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service 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. The Bureau of Reclamation (BOR) and CVWD have irrigation lines in the vicinity of the proposed project. The site is bisected by Lateral No. 123.45-2.3-1.0 and by Tile Drainage System No. 2983. This line must be protected or relocated to ensure that on -site runoff does not affect the water distributed by the lines. In order to assure that water quality is no affected, the following mitigation measure shall be implemented: 1. Prior to recordation of the final map, the applicant shall demonstrate to the City Engineer, the CVWD and the BOR that all appropriate clearances have been secured and that the location of the irrigation lines have been protected through appropriate easement(s) or relocated if required by CVWD and/or BOR. VIII. c) & d) A hydrology study was completed for the proposed project4. 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 through the central landscaped open space areas of the project. These City requirements are expected to lower potential impacts to a less than significant level. 3 Letter dated October 20, 2003, signed Dan Farris, CVWD Director of Engineering. 4 "Hydrology Report Tentative Tract 31733," prepared by Tetra Tech, Inc., October 2003. \\CLO.ADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -17- 26 J43 Resolution 2004- Adopted: VIII. e)-g) The CVWD indicated in a letter dated October 20, 2003 that the property is located in an area designated Flood Zone D by the Federal Flood Insurance Rate Maps5. This designation indicates that insufficient data exists to determine the risk associated with flooding on the property. In order to mitigate for this potential risk, the following mitigation measure shall be implemented: Prior to the issuance of the fast certificate of occupancy for the project site, the applicant shall demonstrate to the City Engineer and to CVWD that construction of the proposed homes will not place these homes in a flooding hazard, and that a Letter of Map Revision has been approved by the Federal Emergency Management Agency (FEMA). Letter dated October 20, 2003, signed Dan Farris, CVWD Director of Engineering. \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -18- 27 546 Resolution 2004- Adopted: 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 Tract Map conforms to the General Plan and Zoning land use designations assigned to the site. The development of housing on this property represents a continuation of the urbanizing pattern experienced in this area of the City. The site is outside the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area. 28 \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -19- J2 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. NCNERAL 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 outside the boundaries of the Resource Study Area of the California Department of Conservation, but is consistent with land within the NIRZ-1 Zone, and is therefore not considered to have potential for mineral resources. 29 \\CLOADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -20- J2-$ Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact M. 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? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988) 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) \\CLQADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -21- 30 J�3 Resolution 2004- Adopted: XI. a)-f) A noise analysis was conducted for the Coral Mountain Specific Plan EW. The study found that the proposed project site occurs in an area where noise levels are expected to exceed 65 dBA CNEL at the property line. The EIR requires that projects in areas where the 65 dBA CNEL will be exceeded will be required to perform noise analyses to ensure that impacts are reduced to a less than significant level. The City requires such analyses as part of the application for building permits. Therefore, in order to assure that noise levels are within City standards at the time that structures are constructed on the site, the following mitigation measure shall be implemented: Prior to the issuance of building permits, the applicant shall submit, for review and approval, a noise analysis demonstrating that noise levels on the project site will not exceed 65 dBA CNEL exterior and 45 dB CNEL interior, to both the Building Department and the Community Development Department. Mitigation measures in that report shall be shown on all building plans. The project will generate higher noise levels during all phases of construction. This noise generation, however, will occur during the less sensitive daytime hours. The site is relatively isolated, and does not occur adjacent to sensitive receptors. Impacts associated with construction noise are therefore expected to be less than significant. The site is not located in the vicinity of an air strip or airport. 6 "Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," prepared by Westec Services, September 1988. i \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -22- 31 530- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff, application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan land use designation for the property, and is in an area designated for low and medium density residential land uses. The project will not induce growth or displace an existing community. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -23- 3 "- 531 Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, p. X 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. The project includes considerable areas for open space, a clubhouse and pool area which will offset the need for off -site recreational facilities within the City. \\CLQADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chkist.doc -24- 3 5092 Resolution 2004- Adopted: 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 landscaped open space areas, a clubhouse and pool area, which will provide recreational opportunities for the residents and lower the potential impacts to City facilities. 34 \\CLOADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -25- r 5 3 3 Resolution 2004- Adopted: Potentially Leas Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988)) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218," Westec Services, September 1988)) 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)? (Tentative Tract Map 31733) e) Result in inadequate emergency X access? (Tentative Tract Map 31733) f) Result in inadequate parking capacity? X (Tentative Tract Map 31733) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chkist.doc -26- 5 ., 4 Resolution 2004- Adopted: XV. a)-g) The proposed project is consistent with the densities analysed in the Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218 and the City General Plan EIR. Traffic levels in the area of the proposed project are expected to be at acceptable levels at buildout of the General Plan. The applicant will be required to improve Avenue 61 and Monroe Street to City standards to ensure adequate traffic flow. Impacts associated with the buildout of the project site are expected to be less than significant. 36 \\CLOADMFSI\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -27- C. n !' J11J Resolution 2004- Adopted: 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 WA, 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 that serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the projects 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.) \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -28- 37 r Jv6 Resolution 2004- Adopted: 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. The CVWD has indicated that additional facilities may be necessary, and that the project proponent will be responsible for providing them. The construction of the proposed project is expected to have less than significant impacts on utility providers. \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chkist.doc -29- Resolution 2004- Adopted: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has been identified as having cultural resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVII.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. XVII. c) The project will not have considerable cumulative impacts and is consistent with the General Plan designation on the property. \\CLQADMFS1\PLANNING\STAN\ttm's\ea 03-493 cc chklst.doc -30- 39 j 8 Resolution 2004- Adopted: 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. Rancho La Quinta Specific Plan Final Environmental Impact Report No. 218 was used in this analysis. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. HE \\CLQAD MFS 1 \PLAN NING\STAN\ttm's\ea 03-493 cc chkist.doc -31- J .� a� a� O O U cd N o o z o N z 'IT o� F U� A az�� 0.4 �a0a v�daw Bawd M M M M Ncd cd rr U Cd F H z H ��a U�d A F d A U pq �WAW x WUW UU a�Cd U ° ° ° o o o o tunUN fJ] V] 4-4 o o 0 o 0 U .. U .. a or. a a a, a, a a, a �G w� to A z 00 v� F •� ¢, 0 O cam' o a�i a c� A -d U `yam + b ° a U 0, � 'C � 0 00. a ,1 0 F d A V p�q �A v W OV W o w o~ o~ �u o U a � a� �o W UA O � W v d V o 1-4 F d A U� �A a� U UU U �v aw O GS o 0 C U y W W O o a w c� a U U z o � LnCA o a w�oo C14o OrWt 0 A U� R•1 a� WWWU UV U V' o U y h .ti O F, a a w� zz A a OrA WW � o N � a� 42 541 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 37 ACRES INTO 127 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 31733 MICHAEL LA MELZA WHEREAS, The City Council of the City of La Quinta, California, did on the 20" day of January, 2004, hold a duly noticed Public Hearing to consider the request of Michael La Melza for the subdivision of 37 acres into 127 residential lots and miscellaneous lots, located at the northeast corner of Monroe Street and Avenue 61, more particularly described as: APN's 764-290-001 and 764-290-002 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has completed Environmental Assessment 2003-493 and has determined that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and therefore, a Mitigated Negative Declaration of Environmental Impact should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of December, 2003, hold a public hearing to consider this request, and adopted Resolution 2003-1 18, recommending approval subject to conditions; 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 of Approval to justify approval of said Tentative Tract Map 31733: 1. The Map and its design are consistent with the General Plan and Specific Plan in that its lots and improvements conform with applicable goals, policies, and development standards, in terms of lot size, street widths, utilities and provide adequate infrastructure and public utilities. 2. The design of the subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or 43 PAstan\ttms\tt 31733 pc res.doc 542 City Council Resolution 2004- Tentative Tract 31733 — La Melza Adopted: January 20, 2004 their habitat because mitigation measures and conditions have been imposed to mitigate those impacts. 3. The design of the subdivision and the proposed types of improvements are not likely to cause serious public health problems because the improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist. 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 approve Tentative Tract Map 31733 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California p:\stan\ttms\tt 31733 cc pc res.doc 44 543 City Council Resolution 2004- Tentative Tract 31733 — La Melza Adopted: January 20, 2004 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 45 p:\stan\ffms\:ft 31732 pc res.doc 544 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). at The City of La Quinta's Municipal Code can be accessed on the City's Web Site www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater 46 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\tt 31733 cc coa.doc 545 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall. be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 2 4'7 546 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of- ways in conformance with the City's General Plan, Municipal Code, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Monroe Street (Secondary Arterial , 88' ROW) - The standard 44 feet from the centerline of Monroe Street for a total 88-foot ultimate developed right of way. 2) Avenue 61 (Collector, Option A, 74' ROW) — The standard 37 feet from the centerline of Avenue 61 for a total 74-foot ultimate developed right of way. 9. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Property line shall be placed at the back of curb similar to the lay out and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. Private Residential Streets measured at gutter flow line to gutter flow line: 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is 48 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 3 ,i 4 7 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger, using a smooth curve instead of angular lines similar to the layout shown on the tentative map C. KNUCKLE 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant is conditioned to have the 50-foot CVWD easement along the south boundary relinquished in its entirety prior to approval of the final map. Any pipeline relocation required by the easement adjustment shall be performed prior to issuance of the rough grading permit. 15. The applicant shall create perimeter landscaping setbacks along all public right- of-ways as follows: A. Monroe Street (Secondary Arterial) - 15-foot from the R/W-P/L to accommodate the multi -purpose trail conditioned under "STREET AND 49 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\tt 31733 cc coa.doc 4 548 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: TRAFFIC IMPROVEMENTS". The perimeter landscaping setbacks along Monroe Street may be an average setback if approved by the City Engineer. B. Avenue 61 (Collector Street) - 10-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 16. 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. 17. Direct vehicular access to Monroe Street and Avenue 61 from lots with frontage along Monroe Street and Avenue 61 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 18. 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. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 20. 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. CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 5 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 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. 21. 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. 22. 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. 0 1 A -93 Off -Site Street and Signing & Striping Plans: 1 " = 40' Horizontal, 1 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. On -Site Street/Drainage Plan: 4' Vertical On -Site Rough Grading Plan Site Development Plan 1 " = 40' Horizontal, 1 1 " = 40' Horizontal 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 51. c, CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 6 J J 0 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: 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. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official 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. 23. 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. 24. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 25. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 52 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 7 551 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 26. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 27. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 28. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 29. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall rj 3 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x.1 1 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 30. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 31. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 32. 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. 33. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 54 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 9 �J CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 34. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 35. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 36. 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. 37. Building pad elevations of perimeter lots shall not differ by more that one foot higher than the building pads in adjacent developments. 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. 38. 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. I)! 4 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 10 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer'. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 42. 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. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. Walls abutting retention basins shall be a maximum 3-foot high solid wall topped with wrought iron. The applicant shall establish provisions for the abovementioned restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 56 11Jrv J C:\Documents and Setting s\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 45. 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. 46. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. 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. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 57 12 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc _ V CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Monroe Street (Secondary Arterial; 88' R/W): Widen the east side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the east side as specified in the General Plan. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The east curb face shall be located thirty two feet (32') east of the centerline. Other required improvements in the Monroe Street right or way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A Multi -Use Trail. The applicant shall construct a meandering 10-foot wide multi -use trail along the Monroe Street frontage within the required 15-foot wide landscape setback per the aformentioned condition. The location and design of the trail shall be approved by the City. The multi- use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. If approved by the City Engineer, the trail may meander within 8-feet of the 58 13 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc J v CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: proposed curb face. 2) Avenue 61 (Collector "A"; 74' R/W): Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as specified in the General Plan. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located twenty-six feet (26') north of the centerline. Other required improvements in the Avenue 61 right or way and/or adjacent landscape setback area include: 1) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. a) 8-foot wide curb adjacent sidewalk. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is allowed only on one side 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. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. D. KNUCKLE 59 )r C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\tt 31733 cc coa.doc 14 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 31733 — MICHAEL LA MELZA ADOPTED: 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. E. PARKING LOTS 1) The design of parking facilities shall conform to LQMC Chapter 9.150. 56. 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 -accepted vehicles. 57. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 58. 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 Collector Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c /5.0" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 59. 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 60 15J CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc ;; .7 CITY COUNCIL RESOLUTION 2004 CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 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. 60. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Monroe Street, as shown on the tentative tract map, approximately 600 feet north of Avenue 61 measured curb return to curb return): Full turn movements are permitted. B. Secondary Entry (Avenue 61, as shown on the tentative tract map, approximately 880 feet of Monroe Street measured curb return to curb return): Full turn movements are permitted. 61. 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. 62. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 63. 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 64. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 61. C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 16 J 6 4) CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 65. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 66. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to. plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 67. 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. 68. All landscaping shall comply with the City's Water Efficient Landscape Ordinance. Front yard landscaping shall consist of two trees (i.e., a minimum 1.5-inch caliper measured three feet from grade level after planting), ten 5- gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. 69. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements QUALITY ASSURANCE 70. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 71. 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. 62 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\tt 31733 cc coa.doc 17 561 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 72. 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. 73. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 74. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 75. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 76. 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. 77. 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). 78. Prior to final map approval by the City Council, the developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13,48 of the La Quinta Municipal Code. 79. Within 24 hours of approval of the tentative tract map by the City Council, the developer shall submit to the Community Development Department, a check 63 18562 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: made out to the County of Riverside for $1,314 to allow filing of a Notice of Determination for Environmental Assessment 2003-492 as required by State law. FIRE MARSHAL 80. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2- hour duration at 20 PSI. 81. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, apartments, etc., Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 82. The water mains shall be designed to provide a for a potential fire flow of 2500 GPM and an actual fire flow available from any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 83. Blue dot retro-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. 84. City of La Quinta ordinance requires all buildings, other than single family, 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 85. Flag lots are not allowed by the Fire Department for safety reasons. Please check the following lots: Tentative Tract Map 31733 Lots 5, 17, 21, 73, 97 is marginal, 120, 121. 86. Any turn or turn -around requires a minimum 38-foot turning radius. 87. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 64 563 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\tt 31733 cc coa.doc 19 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 88. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 89. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one- way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 90. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 91. 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. Two sets of water plans are to be submitted to the Fire Department for approval. 92. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 93. Building plan check is to run concurrent with the City plan check. Submittals are the responsibility of the owner. MISCELLANEOUS 94. A lot line adjustment shall be completed for the north boundary of the tract prior to recordation of the first Final Map. 95. Perimeter wall designs including height, color, material, design shall approved by the Community development Department prior to issuance of building permit for the wall. 96. Proposed street names with a minimum of two alternative names per street shall be submitted to the Community Development Department for approval. Names to be approved prior to recordation of the final map. 65 C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc 20 564 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31733 - MICHAEL LA MELZA ADOPTED: 97. All mitigation measures contained in Environmental Assessment 2003-493 shall be met. 98. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC and R's) for the project. 99. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 100. Minor lot configuration modifications required to comply with Fire Marshal requirements shall be reviewed and approved by the Community Development Department. 101. Approval of production homes and common area buildings requires processing and approval of a Site Development Permit application by the Planning Commission. 66 21J) C:\Documents and Settings\bsawyer\Local Settings\Temporary Internet Files\OLK7\tt 31733 cc coa.doc � ATTACHMENT #1 Z Ss AIRPORT BOULEVARD TRACT NO. 31733 sOTH STREET 61ST STREET. 62ND STREET VICINITY MAP NOT TO SCALE CASE MAP CASE No. TT 3`1733 MICHAEL LA MELZA NORTH SCALE: NTS )7 F6 ATTACHMENT #2, sa It 114 1till 1 h I IN I fill 8 id � @ IN �y � ; L .. 1 • i or y �y ! 1 9 tt t \• s e �g a �'--- --. ''...............................�..__. �....f00 —OZ —Y9 V d� .,,a, rill t"PE a It �� I �; �I• � �' � � _ S^ as ;i �`, 1• 1r �; — ri s� II; I°vY•i �� `� 'r��a y •'� �{ ?' ' _d aF €,i a � �•i c BY —1 rtng. � � �� I , Fes.__ I _ �: • � g7 � ' ,: I r i to&i 3 s ctt� zit �� o a i a i 3 a `\ ■ ;'' a 4ai pJ.ig ._ __ _.. Y..._L _.-.i�._.J ',}.�- aa'\ is 11 N{. ld ` It I d �, }: as • 'Q};a . _ °I ,/}1� rw i,�_� --� ° °gs - •- -__ � �y. _� _ � I I�r N ' --•Ti - R '°\ i� °I :• 'ti I•J� I n �' 'i"• , I i^ _r I I'`y`, n I :. t is �„ y. a \ e` "mot. 3•a �\ }L' I 1 __ 3•_ _�� I iA �`1 i� I� � ~aim R �.1Xy�^/��/,/ 'a•"�\'�= '\� `rr� l�Y��?_ 37 �„� � i•a�" II�'�* o' ..i f ja xis s' �►, /S +Y`' ''k' \' Sg�:� 1�i°�� 1. = a. *i cL \\ si` r s ,I �, ,• ;•,lit ; I ; ; -" s I k 1 pp PU � � j � i�k;,#:►I �q� �I �� °I �s d �� I �3 �'�s N'�7 �s �—;;� I �#bl 9�'j aals!� ��:`� ��,I�.°:� � ,, —�� ' �' i ATTACHMENT #3 Planning Commission Minutes December23, 2003 15. Commissioner Quill stated this is an in resting.opportunity to see something new. He would like to s some of the issues raised addressed in the conditions like the ewalk and lining up. the two intersections. 16. There being no further discussiogf it was moved and seconded by Commissioners Tyler/Abets tj adopt Planning Commission Resolution 2003-1 15.recom nding certification of a Mitigated Negative Declaration of envir nmental impact for Environmental Assessment 2003-492, as r commended. ROLL CALL: AYES: Commissioters Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. BSTAIN: None. ABSENT: None. 17. There being no further iscussion, it was moved and seconded by Commissioners . Tyler aniels to. adopt Planning Commission Resolution 2003-1 1 9F, recommending approval of Tentative Tract Map 31732, as am ded: a. Condition 6: Change Avenue 61 to Avenue 60 b. Conditio 59.A.: Modified to specify the alignment of the entries. C. Conditi #67: Corrected to state, "City's' Water Efficient Lands ping Ordinance" and delete the last two sentences. d. Con ion #84: Delete any reference to Tentative Tract Map 317 3. e. Co dition #94: Changed to reference the "south" boundary o the tract. f. ondition #100: Clarified to read that an additional six feet are required for back-up purposes. g. Condition #101: Clarified to read "processing of a Site Development Permit application." ROLL LL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. E. Environmental Assessment 2003-4923and Tentative Tract Map 31733; a request of Michael La Melza, for consideration of a subdivision of 37 gross acres into 127 single family lots in the Medium Density Residential zones for the property located at the northeast corner of Monroe street and Avenue 61. 69 G:\WPDOCS\PC Minutes\ 1 2-23-03WD.doc 13 J rJ` Planning Commission Minutes December23, 2003 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions. of staff. Commissioner Tyler asked if CVWD had any objections to the removal of the easement and could they be conditioned to .do this prior to the street improvements. Staff stated it would have to be agreed to before the project could go forward. Commissioner Tyler reviewed some condition changes. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Don Vita, VITA Planning and Landscape Architecture, landscape architect for the project, stated he was available to answer any questions. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill noted there was a clubhouse and pool on this tract and there is access to the tract to the south, are the two. tracts intended to become one development? Also, would both projects have access to the pool. .Mr. Vita stated no; two separate HOA. Commissioner Quill asked if the easement for CVWD is for existing irrigation main for agricultural purposes. Mr. Eisenhack stated it is CVWD's main drain line and there is. a process for removing them. 5. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the project for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-117 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-493, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 70 G:\WPDOCS\PC Minutes\12-23-03WD.doc 14569 Planning Commission Minutes December23, 2003 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-118, recommending approval of Tentative. Tract Map 31733, as recommended/amended: a. Condition #55: Corrected to read: "...on the east side—" b. Condition #68: Corrected to state, "City's' Water Efficient Landscaping Ordinance" and delete the last two sentences. C. Condition #85: Delete any reference to Tentative Tract Map 31.732. d. Condition #94: Corrected to read: "the north boundary of the tract." e. Condition #101: Clarified to read "processing of a Site Development. Permit application." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. VI. B . VIII. CORR ONDENCE AND WRITTEN MATERIAL: IX. COMMISSI ER ITEMS: A. Commissio r Daniels thanked staff for the report on Commercial land uses. B. Commissioner er gave a report on the. Council meeting of December 2, 2003. X. ADJOURNMENT: There being no further business, it Abels/Quill to adjourn this regular meeti meeting of the Planning Commission to This meeting of the Planning Con Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\ 1 2-23-03WD.doc moved and seconded by Commissioners of the Planning Commission to a regular eld on January 13, 2004, at 7:00 p.m. i ion was adjourned at 9:40 p.m. 71. J70 15 TWT °f 4Q" MEMORANDUM lod 11, �r10 �� ' _0)4::� D g �Coi" JAN 2 0 2004 WTO: Community Development Department Qom/ FROM: DATE: Steve Speer, Assistant City Engineer January 20, 2004 RE: CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP 31733 MICHAEL LA MELZA The following changes to the abovementioned conditions are recommended by the Public Works Department. Amend Condition 14 to read: The applicant is conditioned to have the 50-foot CVWD easement along the south boundary adjusted to be outside of buildable lots prior to approval of the final map and as approved by the Public Works Department. Any pipeline relocation required by the easement adjustment shall be performed prior to issuance of the rough grading permit. Amend Condition 55(A)(1)(b) to read: b) A Multi -Use Trail. The applicant shall construct a meandering 10-foot wide multi -use trail along the Monroe Street frontage within the required average 15-foot wide landscape setback per the aforementioned condition. The location and design of the trail shall be approved by the City. The multi -use trail, trail signs, and the split rail fence shall be completed prior to issuance of Certificate of Occupancy for the first residence. Bonding for the fence to be installed shall be posted prior to final map approval. If approved by the City Engineer, the trail may meander within 8 feet of the proposed curb face. W 1 of 1 i OF 9 COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution Approving Proposals and Authorizing the City Manager to Submit Applications to Riverside County Economic Development Agency for Community Development Block Grant Funds for FY 2004-2005 RECO!OMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING:' Adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $160,000 for FY 2004-2005 to the Boys and Girls Club, La Quinta Unit, for the ',Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for public facility improvements (i.e., construction of a public parking lot on .97 acres of Redevelopment Agency owned land at the corner of Avenida Bermudas and Avenida Montezuma ($130,000) within Redevelopment Project Area 1). FISCAL'! IMPLICATIONS: Upon approval by the Department of Housing and Urban Development (H.U.D.) of the County of Riverside "Urban County CDBG" monies, the City will be eligible for approximately $160,000 in funds for the project(s) identified in the Resolution and applications submitted. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CD'BG program is an important source of special program funding for the City of La Quinta. The CDBG program is administered by the Riverside County Economic Development Agency (EDA). Each year funding is available from EDA to 572 participating cities in the County for eligible activities. Eligible activities must meet national objectives which include benefits to low- and moderate- income families, the elderly, or handicapped, or which aid in the elimination of slums or blight. Public service is one of the specific project categories eligible for CDBG funding. The list includes child care, recreation programs, and education programs, among others. All public service activities must show benefit to low- and moderate - income persons. The percentage of CDBG funds allowed each year for these activities is limited by formula. The maximum allowable dollar amount this year is $30,000 for La Quinta. The City proposes to allocate the maximum allowable dollar amount ($30,000) for public service activities to the Boys and Girls Club of the Coachella Valley, La Quinta Unit, to continue the Membership Fee Waiver/ Reduction Program. The program provides a fee waiver/reduction for certified low- and moderate -income families of La Quinta students to utilize day care and after school care services provided by the Boys and Girls Club in La Quinta. An estimated amount of $130,000 is requested to be allocated to the City to provide a public facility improvement, i.e., construction of a public parking lot on .97 acres of Redevelopment Agency owned land at the corner of Avenida Bermudas and Avenida Montezuma ($130,000) within Redevelopment Project Area 1 (Attachment 1). The funding of the project meets the national objective for the utilization of CDBG funds to eliminate slums and/or blight. The project also meets the criteria for eligibility of eliminating slum or blighting influences as documented in the City Redevelopment Plan Project Area 1. The purpose of this hearing is to review and comment on all proposals, to take public comment, to select and identify proposals, and to reprogram funds if appropriate. The Council's final decision on the use of funds must be reached at the close of tonight's public hearing in order to meet EDA and HUD submittal deadlines. The City will submit "Entitlement Funds Project Application Forms" to EDA. EDA submits, for all participating cities in the CDBG Urban County program, a "Final Statement of Community Development Objectives and Projected Use of Funds" to HUD for final approval of CDBG funds for FY 2004-2005. The City received the following grant applications for funding and copies of the requests are available in the City Clerk's Office: PUBLIC IMPROVEMENT REQUESTS: Agency Amount Purpose City of La Quinta $130,000 Public Facility Improvement; i.e., construction of a parking lot in the La Quinta Village 02 }73 PUBLIC SERVICE REQUESTS: FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $160,000 for FY 2004-2005 to the Boys and Girls Club, La Quinta Unit, for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for a public facility improvement, i.e., construction of a public parking lot on .97 acres of Redevelopment Agency owned land at the corner of Avenida Bermudas and Avenida Montezuma ($130,000) within Redevelopment Project Area 1; or 2. Do not adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $160,000, for FY 2004-2005 to the Boys and Girls Club, La Quinta Unit, for the Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for a public facility improvement, i.e. construction of a public parking lot on .97 acres of Redevelopment Agency owned land at the corner of Avenida Bermudas and Avenida Montezuma ($130,000) within Redevelopment Project Area 1; or 3. Approve funding alternative eligible requests submitted; or 4. Provide staff with alternative direction. ly submitted, F Her4ban munity Development Director i"2�- Thomas P. Genovese, City Manager Attachment: 1. Parking lot improvement location 03 574 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2004-2005 WHEREAS, the Community Development Block Grant Funds for FY 2004-2005 will be approximately $160,000 to begin July 1, 2004; and WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency project applications; and WHEREAS, a public notice was published on December 19, 2003, announcing the availability of funds, requesting proposals, and public hearing dates; and WHEREAS, the merits of all proposals were openly discussed and considered; and WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME SPONSOR AMOUNT Public Facility Improvement: City of La Quinta $130,000 La Quinta Village Public Parking lot 2. Fee Waiver/Reduction Program Boys & Girls Club $ 30,000 La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. That the City of La Quinta does hereby select the above named project(s) or reprogramming(s), for the use of Community Development Block Grant funds. 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely fashion proposing the named activities and use of funds. O S:\CityMgr\STAFF REPORTS ONLY\PH 4 CDBG Reso.doc , ) 75 City Council Resolution 2004- Community Development Block Grant Adopted: January 20, 2004 If there is a shortfall in funding, the City Council directs the City Manager to request the County to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20" day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 05 2 7 ATTACHMENT #1 • LE - ----� - -TAM rn- ----r— - I �r r � , s 0 ---I _ O n I / ' V Oil rr � `17�� i a � + ti BLOCK I � � !LOCK • PROJECT LOCATION MAP 06 r 7 ►7 s COUNCIL/RDA MEETING DATE: January 20, 2004 ITEM TITLE: A Joint Public Hearing between the City Council of the City of La Quinta and the La Quinta Redevelopment Agency to Consider Adoption of a Resolution Certifying a Negative Declaration of Environmental Impact for Environmental Assessment 2003-494 on the Proposed Redevelopment Plan Amendments, and Adoption of an Ordinance Amending the Redevelopment Plan for La Quinta Redevelopment Project No, 2 to Increase the Cumulative Tax Increment Revenue Limit From $400,000,000 to $1,500,000,000 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Please see the same report under the Redevelopment Agency Agenda. Respectfully submitted, Jerfy HermAn CoInmunity Development Director Approved for submission by: P- 69-wo� 1.0 h j:)O Thomas P. Genovese, City Manager 5n