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2004 03 16 CCGas 44 adja 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, March 16, 2004 - 2:00 P.M. Beginning Resolution No. 2004-30 Ordinance No. 405 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH 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 t ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: ANDY VOSSLER. City Council Agenda 1 March 16, 2004 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION OF 525 t ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: JOHN FOSTER RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE S.C.R.A.P. GALLERY (STUDENT CREATIVE RECYCLE ART PROGRAM) APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 2, 2004 City Council Agenda 2 March 16, 2004 11) 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 MARCH 16, 2004. 2. APPROVAL OF TREASURER'S REPORT DATED JANUARY 31, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED JANUARY 31, 2004. 4. ADOPT A RESOLUTION ACCEPTING GUEST BADGES TO THE NABISCO CHAMPIONSHIP GOLF TOURNAMENT TO BE HELD MARCH 22-28, 2004, IN RANCHO MIRAGE, CALIFORNIA. 5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 29349-1, NORMAN COURSE, KSL LAND CORPORATION. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 29349-2, NORMAN COURSE, KSL LAND CORPORATION. 7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA LANDSCAPE AND DESIGN, INC. TO PROVIDE DESIGN/BUILD SERVICES FOR THE LA QUINTA SKATE PARK, PROJECT NO. 2003-12. 8. APPROVAL OF PROJECT SPECIFICATIONS AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE TRAFFIC SIGNAL LED LAMP RETROFIT, PROJECT NO. 2004-02. 9. APPROVAL OF PROJECT SPECIFICATIONS AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE FISCAL YEAR 2003/2004 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2004-03. 10. APPROVAL OF AN AMENDED SUBDIVISION IMPROVEMENT AGREEMENT AND ACCEPTANCE OF STREET IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 30420, CENTRE AT LA QUINTA, STAMKO DEVELOPMENT COMPANY. 11. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 29121, THE LAURELS AT PGA WEST, RIVIERA VILLAS, LLC. 12. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 29122, THE LAURELS AT PGA WEST, RIVIERA VILLAS, LLC. 3 City Council Agenda 3 March 16, 2004 13. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 29125, THE LAURELS AT PGA WEST, RIVIERA VILLAS, LLC. 14. AUTHORIZATION TO FILE A GRANT APPLICATION WITH THE INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE FOR A LAW ENFORCEMENT PROJECT RELATED TO MITIGATION OF IMPACTS OF GAMING ON THE CITY OF LA QUINTA. BUSINESS SESSION 1. CONSIDERATION OF AN INTERACTIVE WATER FEATURE FOR THE LA QUINTA PARK. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A REQUEST TO DEVELOP A CUL-DE-SAC OF FIESTA DRIVE AT THE EAST END OF JEFFERSON STREET. A. MINUTE ORDER ACTION 3. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 402, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C). A. MOTION TO ADOPT ORDINANCE 402 ON SECOND READING. 4. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 403, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2, PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)C). A. MOTION TO ADOPT ORDINANCE 403 ON SECOND READING. 5. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 404, AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2, PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(B). A. MOTION TO ADOPT ORDINANCE 404 ON SECOND READING. STUDY SESSION — NONE City Council Agenda 4 March 16, 2004 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 EXCHANGE COMMITTEE (HENDERSON) 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 FEBRUARY 12, 2004 16. COMMUNITY SERVICES COMMISSION MINUTES OF FEBRUARY 9, 2004 17. HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 15, 2004 18. ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE MINUTES OF FEBRUARY 4, 2004 19. PLANNING COMMISSION MINUTES OF FEBRUARY 10 AND 24, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S REPORT FOR FEBRUARY, 2004 A. REPORT ON CONSTRUCTION HOURS 5. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT FOR FEBRUARY, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR FEBRUARY, 2004 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR FEBRUARY, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR FEBRUARY, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE J City Council Agenda 5 March 16, 2004 RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speaker's podium. PRESENTATIONS 1. ARTWALL PRESENTATIONS - ADAMS ELEMENTARY SCHOOL PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public heating may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS ON: 1) ENVIRON- MENTAL ASSESSMENT 2004-501 TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; AND 2) GENERAL PLAN AMENDMENT 2004-099 TO ADD A PROGRAM TO THE TRAFFIC AND CIRCULATION ELEMENT TO ALLOW SIGNALIZED INTERSECTIONS AT A LESSER DISTANCE THAN IS CURRENTLY PERMITTED ON AUGMENTED MAJOR ARTERIAL STREET. APPLICANT: CITY OF LA QUINTA A. RESOLUTION ACTION(S) City Council Agenda 6 March 16, 2004 6 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE ON: 1) ENVIRONMENTAL ASSESSMENT 2003-479 TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) GENERAL PLAN AMENDMENT 2003-094 AND ZONE CHANGE 2003-115 TO CHANGE LAND USES AND ZONING DESIGNATIONS FROM COMMUNITY COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; AND 3) TENTATIVE TRACT MAP 31348 TO CONSIDER THE SUBDIVISION OF 37.72 ACRES INTO 72 LOTS AND ONE OPEN SPACE LOT, FOR PROPERTY LOCATED AT 46-201 WASHINGTON STREET. APPLICANT: MADISON DEVELOPMENT, LLC. A. RESOLUTION ACTION(S) B. CALL UP ORDINANCE NO. READ BY TITLE AND NUMBER ONLY, AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE NO. ON FIRST READING 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-490; AND 2) TENTATIVE TRACT MAP 31816, A 26-LOT SUBDIVISION ON t 7.75 ACRES ON THE SOUTHWEST CORNER OF WESTWARD HO DRIVE AND ROADRUNNER LANE. APPLICANT: MATTCO CONSTRUCTION A. RESOLUTION ACTIONS ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on April 6, 2004 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 7 March 16, 2004 ►� DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, March 16, 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 1 1 1, on Friday, March 12, 2004. DATED: March 12, 2004 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 March 16, 2004 WRITTEN CORRESPONDENCE ITEM: The Honorable Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph, The Waste -to -Wonders Art Challenge is the annual fund raiser for the S.C.R.A.P. Gallery (Student Creative Recycle Art Program). This event highlights. the artistic en- deavors of valley artists who work with recycled and/or found materials in Sculpture and Collage. The 2003 Waste -to -Wonders Art Challenge was held at the River in Rancho Mirage. (Please see enclosed brochure.) We hope you were one of the hundreds of people who had the opportunity to see it and to see the City of La Quinta prominently displayed as a major sponsor. In order to make this event accessible to all people in the Coachella Valley, the 2004 Waste -to -Wonders Art Challenge will be held at the Palm Desert Public Ubrary. The opening night awards ceremony will be held on May 14th and the exhibit will remain there through May enabling school field trips and library visitors to enjoy the exhibit as well as the recycling message. Although the S.C.R.A.P Gallery has received many local and state awards, 2003 saw our first prestigious national honor from the National Resources Council for our School Field Trip program. Asalways, the Waste -To -Wonders An Challenge is free to the public. Prize money is obtained through sponsorship. Proceeds from this event will benefit the S.C.R.A.P.* Gallery's recycling and environmental education program for all students • in the Coachella Valley. Your 2003 contribution of $1000 helped educate and encourage families and businesses in the valley to recycle. A contribution of $1,000 to $5,000 will put you in the major sponsor category. It will go towards cash prizes, event expenses and-S.C.R.A.P. Gallery programs. Appoint- ing your representative to the planning or judging committee and publicizing the event 4n your publication would also be helpful. Your attendance at our Opening Night Awards Ceremony would be the icing on the cake. As Robert Menifee said in the July 2003 Desert Sun Magazine, `it's a simple, unsci- entific fad that association with the arts opens up all kinds of creative chromosomes that influence all aspects of life for the better. So, when a local, non-profit group sees the need for artistic expression AND teaches kids about protecting the environ- ment, it's time for a pat on the back.' Please feel free to contact the S.C.R.A.P. Gal- lery at 863-7777 for more details on how you can participate. Sincerely, Karen Riley Executive Director Marilyn lassman President The S.0 R.A.P. WWY is a 5oi (G) (3) WOPONt or ;=tiol Tiht " AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: MARCH 16, 2004 ITEM TITLE: Demand Register Dated March 16, 2004 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated March 16, 2004 BACKGROUND• Prepaid Warrants: 57577 - 576081 257,460.61 57609 - 57629} 18,952.42 Wire Transfers} 5,484,222.93 P/R 31924 - 31951 1 130,432.21 P/R Tax Transfers} 32,398.32 Payable Warrants: 57630 - 57775 } 531,170.22 $6,454,636.71 FISCAL IMPLICATIONS: Demand of Cash -City $888,194.50 Demand of Cash -RDA $5,566,442.21 ohn M. Falconer, Finance Director 10 CITY OF LA QUINTA BANK TRANSACTIONS 2/26/04 - 3/10/04 2/27/04 WIRE TRANSFER - RDA LAND PURCHASE $302,737.15 2/27/04 WIRE TRANSFER - RDA LAND PURCHASE $287,034.54 2/27/04 WIRE TRANSFER - RDA ESCROW $35,000.00 2/27/04 WIRE TRANSFER - ICMA $11,640.23 2/27/04 WIRE TRANSFER - PERS $2,369.96 3/05/04 WIRE TRANSFER - PERS HEALTH INSURANCE $49,226.66 2/27/04 WIRE TRANSFER - DEBT SVC PMT - AD2000-1 $58,872.50 2/27/04 WIRE TRANSFER - DEBT SVC PMT - AD1997-1 $16,175.12 2/27/04 WIRE TRANSFER - DEBT SVC PMT - AD1992-1 $18,360.00 2/27/04 WIRE TRANSFER - DEBT SVC PMT - AD1991-1 $14,280.00 2/27/04 WIRE TRANSFER - DEBT SVC PMT - AD1990-1 $5,425.00 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 2003 PA1 $697,708.96 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 2002 PA1 $950,363.23 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 2001 PA1 $1,215,298.05 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 1998 PA2 $162,604.56 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 1998 PA1 $409,739.10 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 1995 PA1&2 $586,756.51 2/27/04 WIRE TRANSFER - DEBT SVC PMT - RDA 1994 PA1 $610,631.36 3/08/04 WIRE TRANSFER - RDA LAND PURCHASE $50,000.00 TOTAL WIRE TRANSFERS OUT $5,484,222.93 s- P �O o� 3 O O W N OC < m d L G o O Z .ti 09 1- W d' 0.0 1L t9 W Z K M F Z O u u OC W m L Z Y Z 10 I m OC W F N O W Y u W S u W J to d h F Z O u u 1 I co P u► �o O Itc- o o 1� o ti O t0 O P I u<I I W I.-1 N ♦f P N ♦T N O N M M Cp M I= O I ti It S 1b on M O in I u F 1 M v\ tq N N ti e" v\ I 1 1 I 1 1 1 I 1 1 I — 1 1 I- Z i Z •+ 1 K it it it 4t 4t is 4c is I O 1- 1 L W I 1 <Ix I ODaO a 40 Ln N 4 0P In1n %O,O 00 ♦t t 00 00 1.1�-♦t titi e-�O�O�Oe-♦tO1n�O I \1 ♦T♦t O�O♦f�l- ♦t♦T %O•O PP MIn ♦f♦t 00 CO40 •0v-00 PP -t -t 0 4 %tO1OI-ON♦fP- I W u 1 i uh 1 NN •OV1M♦t�0♦t PP tee- NN ♦t♦t' NN 00 NN P♦fM MM. 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W 0InIntitiIn OW �� M 1 1 1 G 1 N 1 W 1 %t 1 � 1 1 ul I N I to 1 N to I M I tT l7 1 1 1 ! 1 c 1 tp d 1 Z I I < I 1 S I W o: �r rz H = in O Z 3-6W < d X W I W 1 I 1 1 4* W 1 1 \r 1 1 Y < 1 1 u c I t W 1 1 S 1 1 u 1 t 1 Y 1 1 Z I 1 In I Z I 1 fT nC I - • O 1 �t 01 OZI LL I 1 p M I d 1 Z I It 0� h4 1 d 1 m \M O I W mz I > I = 0 t7z 1 0 W O r I Z Z 1 O nC w►+ 1 WM 1 O 06n_u I > 1 0 O N O It " N tiin 0� d1 �Ic 4c* 4c4c4c J VI 41 < W �C r im �t 04c rr�11 M �( nC in O Z J 0 W < Z n.r W X O > W r 44 53 T-,&t 4 4WQ" COUNCI1JRDA MEETING DATE: March 16, 2004 Transmittal of Treasurer's Report as of January 31, 2004 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated January 31, 2004 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. espe tfu/llly submit d, � l 00 M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 54 ATTACHMENT 1 OL "tom, ��Q • ��,�,�.. V ¢Y �w TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for January 31, 2004 DATE: February 27, 2004 Attached is the Treasurer's Report for the month ending January 31, 2004. 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 Be inninq Purchased Notes Sold/Matured Other Ending Change Cash $ 393,313 (1) ($153,003) $240,310 ($153,003) LAW 26,195,608 .3,595,677 (850,000) 28,941,285 2,745,677 US Treasuries (2) 69,930,924 9,993,389 27,327 79,951,640 10,020,716 US Gov't Agencies (2) 27,392,009 23,196,056 (20,500,000) 6,662 30,094,727 2,702,718 Commercial Paper (2) - 0 0 Mutual Funds 2,497,708 262 1 2,497,970 262 Total $126 409 562 $36 785 384 $21,503 003 $33,989 $141,725,932 $15 316,370 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. John M. Falconer 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. 07. 710 Date I I 1 9 1 1 1 1 U. 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HISHA-■ - ■ | a |■■,■■■�� ......�. |�■|� §� ! !!■■!!!!, ! !!|||||| ! | ......... | ! •_\_�.�__ | �z ,, ,,,■,■„■■■■■■ ■ !!�z■�!• : �.-.�.�.......|| , �!!`��■�#�|� b� � 0 c cv C c EE aci > > c c N L C CD 0coo Q "wEi > c � o �' — � Z a ii Q 0 0 6 = N N N m N c� t W W W ■ r �- C N N N O C C C u' X < < < ■ 41 a IT'TT co N 7 Q d 0 !Q d O C '5 N G a 0 O�-M � O cpt�cO�d;MN�O�opticDO�MN�O o000000000000000000 � �.-��e-e-�e-OCOOCOCCOG U c ;uaojad r C� 63 10 J c C � tto m C V EEE� N cr = � W W W " � c ccc c3=� �ddv�a'S C All Ali Is EEEq� EEE� E E E WWW�L� WWW W�� c� d�av5Q3 a�- �05 3 d�d�dcv'�iQ� CITY OF LA QUOTA CITY CITY RDA RDA FA BALANCE SHEET 01131/04 FIXED LONG TERM FINED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (24,121,146.68) 0.00 0.00 52.708,42828 0.00 0.00 5,702.97 0.00 2615901980.57 LORD INVESTMENT IN POOLED CASH 0.00 0.00 0.00 5371000.00 0.00 0.00 0.00 0.00 537.000.00 INVESTMENT T-B LLMOTES &. OTHER 72.87o,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 72,670.000.00 AUTO MALL CASH LORP CASH 0.00 0.00 0.00 0.00 0.00 52,595.32 0.00 0.00 0.00 - 0.00 0.00 52A96.32 BOND REDEMPTION CASH 0.00 0.00 0.00 107A29.99 0.00 0.00 5.83 0.00 107,935.81 BOND RESERVE CASH o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PRD.ECT CASH 0.00 0.00 0.00 30,390,053.30 0.00 0.00 0.00 0.00 39,390,053.30 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.00 PETTYCASH 1,000.00 0.00 0.00 0.00 0. 00 0.00 0.00 0.00 1.000.00 CASH & INVESTMENT TOTAL 48.749.851.32 0.00 0.00 M794,005.88 of 0.00 5,708.80 0.00 141,549,568.00 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 O.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 149.649.53 0.00 0.00 50.900.00 0.00 0.00 0.00 0.00 210,549.53 ON INVESTMENT 224,651.74 0.00 0.00 (48285.00) 0.00 0.00 0.00 0.00 176,366.74 LORP,ACCOUNTS RECEIVABLE 0.00 0.00 0.00 77,588.59 0.00 0.00 0.00 O.00 77,588.59 MEREST RECEIVABLE 48=.93 0.00 0.00 0.00 0.00 0.00 0.00 0.00 48,968.93 LOANINOTES RECEIVABLE 0.00 0.00 0.00 12,613,564.62 0.00 0.00 0.00 0.00 12,613.564.62 DUE FROM OTHER AGENCIES 2.400.080.55 0.00 2A96.000.55 DUE FROM OTHER AGENCIES - CVAG 2=014.89 0.00 0.00 0.00 0.00 0.00 0.00 2299,096.69 CVAG ALLOWANCE (2219AW69) (2 MA98.69) DUE FROM OTHER GOVERNMENTS 30,800.37 0.00 0.00 0.00 0.00 &Do 0.00 0.00 30.601 37 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES FROM RDA -PRINCIPAL 15.WA M20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,5611'.550.20 ADVANCES FROM RDA- INTEREST 6.480.300.03 0.00 0.00 o.00 0.00 0.00 0.00 0.00 6,490,300.03 .ADVANCES TO OTHER FUNDS 0.00 6.092.6MAI 6,092.670.41 NSF CHECKS RECEIVABLE 4.015.00 0.00 0.00 0.00 0.00 o.00 0.00 0.00 4.015.00 ACCRUED REVENUE 0.00 DAD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 0.00 300.249.652.00 305249,65LOD ACCUMULATED DEPRECIATION 929.209.62 2.925.00 0.00 0.00 0.00 o.00 0.00 0.00 0.00 0.00 929209.62 2.925.00 TRAVEL ADVANCES EMPLOYEE ADVANCES 5237.19 0.00 0.00 0.00 0.00 0.00 o.00 0.00 5237.19 PREPAID EXPENSES 17.515.36 000 000 000 0.00 0.00 0.00 0.00 17.515.38 RECEVABLETOTAL 25.986.094.12 300.249.652.00 0.00 18.796.436.62 0.00 0.00 0.00 0.00 351.032.185.34 WORKER COMFEHSATKIN DEPOSIT 234,177.00 0.00 O.W 0.00 0.00 o.00 0.00 0.00 0.00. 0.00 234.177.00 $365.00 RENT DEPOSITS 2,385.00 0.00 0.00 0.00 0.00 O.OD UTILITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISC. DEPOSITS 107321 0.00 0.00 0.00 0.00 O.00 O.00 0.00 1.0732I DEPOSITS TOTAL 237.615.21 0.00 0.00 _ 0.00 0.00 0.00 0.00 0.00 237.61621 GENERALFDOAASSETS oAo O.00 0.00 0.00 52.006.306.00 0.00 oAo 0.00 52.008,308.00 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 OAO 0.00 - 0.00 AMOUNT TO BE PROVIDED FOR LIT DEBT 0.00 0.00 1.625,259.96 0.00 0.00 158AS0254.00 0.00 7.190AMOO 167275,513.96 TOTAL OTHER ASSETS 0.00 o oo 1625259 96 0 o0 52 o66 3D6 OO 158 480254 00 0.00 7.190.000.00 219.341.819.96 TOTAL ASSETS 74 973.566 65 306249 652 60 • 1 625259 96 111500 444 50 62 066 308.00 158.400254.00 5.708.60 7.190.000.00 7/2,161.188.51 LIABILITIES, ACCOUNTS PAYABLE 14,329.14 0.00 0.00 0.00 0.00 OAO 0.00 0.00 14.329.44 DUE TO OTHER AGENCIES 854.13027 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $54.13027 DUE TO OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES FROM OTHER FUNDS 6,092,60.41 0.00 0.00 22.077.853.65 0.00 0.00 0.00 0.00 26.170,523.08 ACCRUED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MEREST PAYABLE 0.00 OAO 0.00 - 0.00 - 0•00 PAYROLL LIABILITIES 171.611.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 171,811.01 STRONG MOTION INSTRUMENTS 2,301.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,3D1.79 FRINGE TOED LIZARD FEES 105,428.00 0.00 0.00 0.00 0.00 0.00 0.00 OAO 106.428.00 SUSPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OAO 0.00 DUE TO THE CITY OF LA QUINTA Q00 0.00 0.00 0.00 0.00 OAD 0.00 0.00 0.00 PAYABLESTOTAL 7241Arl 0.00 0.00 22A77.653.65 O.00 0.00 0.00 &OD 29.319,523.57 ENGINEERING TRUST DEPOSITS 0.00 0.00 0.00 0.00 0.00 o.00 0.00 0.00 0.00 SO. COAST AIR DUALITY DEPOSITS . 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORD DEPOSITS 0.00 0.00 0.00 18.664.00 0.00 0.00 0.00 - 0.00 181664.00 DEVELOPER DEPOSITS 1,271.006.57 0.00 0.00 2.835.00 0.00 0.00 0.00 0.00 ' 1273,841.57 MISC. DEPOSITS 120,955.49 0.00 0.00 26,000.00 OAD 0.00 - 0.00 0.00 145,955.48 AGENCY FIND DEPOSITS 1 909 90 0 00 0 00 0.00 0.00 0.00 0.00 0.00 1.666.909.90 TOTAL DEPOSITS 3058871AS ON 0.00 40.499.00 0.00 0.00 O.00 0.00 3.105.370.95 DEFERRED REVENUE 2,496,090.55 0.00 0.00 10 49 9978 50 0 00 OAO 0.00 0.00 1_992.050.11 LIABILITIESOTHELIABILITIES TOTAL 2.496.090.55 0.00 0.00 10.495,978.56 OAO 0.00 0.00 0., 1..99zo59.11 COMPENSATED ABSENCES PAYABLE 0.00 0.00 462260.37 0.00 0.00 0.00 O.00 0.00 . 462.M.37 DEVELOPER AGREEMENT 0.00 0.00 61M.M.59 0.00 0.00 0.00 0.00 0.00 664,68IL59 DUE TO THE CRY OF LA OUINTA 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 7.355254.00 0.o0 0.00 7.36SAM.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.O0 0.00 0 00 146 945.000.00 0.00 7.190.000.00 156.136.00D.Oo TOTAL LONG TERM DEBT 0.00 0.00 1.62520.96 0.00 0.00 1MAW254.00 0.00 7.190,000.00 167275,513.96 TOTAL LIABILITIES 12,796,622.42 0.00 1.625259A9 32.620.33121 0.00 158,460254.00 0.00 7,190.000.00 212.UZ467.59 Eg1Ry-FUND BALANCE 62.176.939.15 306249,652.80 0.00 78.970.11329 52,086.306.00 0.00- 51700.90 - 0.00 499,468,718.84 TOTAL LIABILITY 6 EQUITY 74 VM580 57 306249 662 60 16262TA 90 111 �0141.60 32.066.308.00 150.480254A0 5 700.80 7.190.000.00 712161.188.43 0.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.08 CASH N: INVESTMENT TOTAL 141,519.596.00 PREMIIIAIDISCOUNT ON INVESTMENT 176.366.74 TOTAL U1 �J 12 TW�v 4 4 Q" COUNCIL/RDA MEETING DATE: March 16, 2004 Transmittal of Revenue and Expenditure Report for January 31, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the January 31, 2004 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitt d, /14 ohn M. Falco er, Finance Director ve "for submissio y: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, January 31, 2004 66 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2003-1131104 FUNDS BUDGET RECEIVED % RECEIVED General $19,239,597.00 $10,833,665.90 56.30% Library 688,400.00 63,590.08 9.20% Gas Tax Revenue 553,700.00 366,873.51 66.30% Cmaq/Istea 595,235.00 0.00 0.00% Federal Assistance 339,427.00 0.00 0.00% Assessment District 2000-1 0.00 4,057.11 0.00% Slesf (Cops) Revenue 100,700.00 100,073.94 99.40% Local Law Enforcement 19,918.00 19,487.20 97.80% Lighting & Landscaping 854,600.00 447,421.79 52.40% Quimby 28,900.00 116,941.20 404.60% Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 17,208.74 110.30% Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00 9,915.31 4.10% LQ Public Safety Officer 2,300.00 2,073.94 90.20% Interest Allocation 0.00 101,946.35 0.00% Capital Improvement 79,219,408.00 7,024,551.76 8.90% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 342,433.99 91.00% Information Technology 227,600.00 383,147.86 168.30% Arts In Public Places 102,600.00 192,553.14 187.70% Transportation 602,300.00 1,344,886.83 223.30% Parks & Recreation 251,000.00 622,474.85 208.20% Civic Center 204,200.00 302,956.95 148.40% Library Development 112,500.00 204,263.79 181.60% Community Center 57,200.00 99,282.24 173.60% Street Facility 9,400.00 27,775.73 295.50% Park Facility 3,000.00 8,474.10 282.50% Fire Protection Facility 33,100.00 80,061.73 241.90% Library Development (County) Facifit, 204,100.00 202,185.84 99.10% La Quinta Financing Authority 690,330.00 503,574.22 72.90% RDA Project Area No. 1 59,020,151.00 43,149,610.39 73.10% RDA Project Area No. 2 65,294,330.00 8,422,994.48 12.90% Total $229 086 277.00 1 $74 894 481.97 32.70% 67 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNS 07/01/2003-1131104 REMAINING FUNS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General $23,226,685.00 $7,937,838.67 50.00 $15,287,80.33 34.2% Library 409,137.00 0.00 0.00 409,137.00 0.0% Gas Tax 758,906.00 325,172.15 0.00 433,733.85 42.8% Cmaq/1stea 595,235.00 0.00 0.00 595,235.00 0.0% Federal Assistance 331,932.00 1,232.50 0.00 330,699.50 0.4% Proposed Assessment District 142,507.21 0.00 0.00 142,507.21 0.0% Slesf (Cops) Revenue 133,704.00 90,524.69 0.00 43,179.31 67.7% Local Law Enforcement 0.00 19,284.00 0.00 (19,284.00) 0.0% Violent Crime Task Force 528.00 528.05 0.00 (0.05) 100.0% Lighting & Landscaping 854,600.00 498,516.65 0.00 356,083.35 58.3% Quimby 301,583.00 126,347.19 0.00 175,235.81 41.9% infrastructure 2,189,999.00 438,204.24 0.00 1,751,794.76 20.0% Village 1892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 231,231.00 5,603.82 0.00 226,627.18 2.4% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 79,219,408.04 7,024,551.75 3,295.00 72,191,561.29 8.9% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 380,641.00 131,061.70 0.00 249,579.30 34.4% Arts In Public Places 656,962.28 44,331.48 0.00 612,630.80 6.7% Transportation 2,712,674.30 1,134,804.15 0.00 1,577,870.15 41.8% Parks & Recreation 618,563.85 366,621.47 0.00 251,942.38 59.3% Civic Center 686,095.14 168,972.80 0.00 517,122.34 24.6% Library Development 4,074,930.31 173,423.63 0.00 3,901,506.68 4.3% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 971,600.77 0.00 528,399.23 64.8% Library County DIF 400,000.00 0.00 0.00 400,000.00 0.0% Information Technology 694,781.00 267,647.71 0.00 427,133.29 38.5% La Quints Financing Authority 558,723.58 498,394.00 0.00 60,329.58 89.2% RDA Project Area No. 1 87,824,799.91 18,703,520.68 0.00 69,121,279.23 21.3% RDA Project Area No. 2 65,896,304.85 4,327,790.88 0.00 61,568,513.97 6.6% Toml 27 , ,138.62 $43,255,972.98 $3,296.001, ,87 . 1 .8 68 3 CITY OF LA QUINTA 07/0112003-1131104 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 573,300.00 382,842.05 190,457.95 66.780% No Low Property Tax Distribution 808,100.00 634,561.83 173,538.17 78.530% Sales Tax 4,200,000.00 2,390,791.58 1,809,208.42 56.920% Document Transfer Tax 487,300.00 370,379.81 116,920.19 76.010% Transient Occupancy Tax 4,055,300.00 1,324,264.00 2,731,036.00 32.660% Franchise Tax 597 600.00 256 386.11 341,213.89 42.900%_ TOTAL TAXES 10,721,600.00 5,359,225.38 5,362,374.62 49.990% LICENSE & PERMITS: Business License 180,700.00 101,023.30 79,676.70 55.910% Animal License 17,500.00 6,963.00 10,537.00 39.790% Building Permits 412,500.00 919,352.90 (506,852.90) 222.870% Plumbing Permits 90,800.00 156,222.35 (65,422.35) 172.050% Mechanical Permits 37,500.00 98,427.75 (60,927.75) 262.470% Electrical Permits 69,000.00 160,607.05 (91,607.05) 232.760% Garage Sale Permits 5,000.00 9,150.00 (4,150.00) 183.000% Misc. Permits 49 500.00 26 460.39 23,039.61 53.460% TOTAL LICENSES & PERMITS 862,500.00 1,478,206.74 (615,706.74) 171.390% FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 4,950.00 13,076.52 (8,126.52) 264.170% 190,998.00 144,611.41 46,386.59 75.710% 396,300.00 671,631.81 (275,331.81) 169.480% 222,400.00 177,407.50 44,992.50 79.770% 584 375.00 613 367.19 (28,992.19) 104.960% 1,399,023.00 1,620,094.43 (221,071.43) 115.800% 1,189,185.00 585,260.16 603,924.84 49.220% 70,700.00 38,948.04 31,751.96 55.090% 54,400.00 25,134.00 29,266.00 46.200% 15,000.00 10,908.29 4,091.71 72.720% 145,000.00 90,795.74 54,204.26 62.620% 0.00 0.00 0.00 0.000% 0.00 44,223.50 (44,223.50) 0.000% 2,857,400.00 0.00 2,857,400.00 0.000% 150 000.00 175 046.04 (25,046.04) 116.700% 4,481,685.00 970,315.77 3,511,369.23 21.650% 1,468,800.00 1,191,828.43 276,971.57 81.140% 3,000.00 104,120.88 (101,120.88) 3470.700% 0.00 0.00 0.00 0.000% 0.00 65.58 (65.58) 0.000% 3,000.00 302, 989.00 104,186.46 109, 808.69 (101,186.46) 193,180.31 3472.880% 36.240 % 19,239,597.00 10,833,665.90 8,405,931.10 56.310% 69 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 CMAQIISTEA Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX CMAQ/ISTEA Grant Interest TOTAL CMAQIISTEA FEDERAL ASSISTANCE REVENUE: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 662,500.00 0.00 662,500.00 0.000% 0.00 53,000.00 (53,000.00) 0.000% 25 900.00 10 590.08 15,309.92 40.890% 688,400.00 63,590.08 624,809.92 9.240% 168,200.00 111,162.25 57,037.75 66.090% 115,900.00 78,178.33 37,721.67 67.450% 216,700.00 147,290.03 69,409.97 67.970% 6,000.00 6,000.00 0.00 100.000% 39,300.00 20,661.68 18,638.32 52.570% 7,600.00 3,581.22 4,018.78 _ _ 47.120% 553,700.00 366,873.51 186,826.49 66.260% 595,235.00 0.00 595,235.00 0.000% 0.00 0.00 0.00 0.000% 595,235.00 0.00 595,235.00 0.000% CDBG Grant 339,427.00 0.00 339,427.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 339,427.00 0.00 339,427.00 0.000% ASSESSMENT DISTRICT 2000-1 Interest 0.00 4,057.11 (4,057.11) 0.000% Assessment Bond Proceeds 0.00 0.00 0.00 0.000% Prepayments -sewer assessments 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL ASSESSMENT DISTRICT 0.00 4,057.11 (4,057.11) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 100.000% Interest 700.00 73.94 626.06 10.560% TOTAL SLESF (COPS) 100,700.00 100.073.94 626.06 99.380% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 19,218.00 19,218.00 0.00 100.000% Interest 700.00 269.20 430.80 38.460% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 19,918.00 19,487.20 430.80 97.840% LIGHTING & LANDSCAPING REVENUE: Assessment 854,600.00 447,421.79 407,178.21 52.350% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING 3 LANDSCAPIN4 854,600.00 447,421.79 407,178.21 52.350% QUIMBY REVENUE: Quimby Fees 25,000.00 113,443.32 (88,443.32) 453.770% Interest 3,900.00 31497.88 402.12 89.690% TOTAL QUIMBY _ CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 0.00 0.00 0.00 0.000% Grant revenue 0.00 0.00 0.00 0.000% Asset Forfeiture 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CRIME VIOLENT TASK FOI 7 0 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.000% Interest 15,600.00 17,208.74 (1,608.74) 110.310% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 15,600.00 17,208.74 (1,608.74) 110.310% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% SOUTH COAST AIR QUALITY REVENUE: S.CA.Q. Contribution 21,800.00 8,927.58 12,872.42 40.950% MSRC Funding 77,119.00 77,119.00 0.000% Street Sweeping Grant 139,285.00 139,285.00 0.000% Interest 2,000.00 987.73 1,012.27 49.390% TOTAL SCAQ 240,204.00 9,915.31 230,288.69 4.130% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 73.94 226.06 24.650% TOTAL LQ PUBLIC SAFETY 2,300.00 2,073.94 226.06 90.170% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 101,946.35 (101,946.35) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 101,946.35 (101,946.35) 0.000% CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY 2,865,620.00 2,048,382.43 817,237.57 71.480% 927,462.00 0.00 927,462.00 0.000% 0.00 0.00 0.00 0.000% 244,800.00 0.00 244,800.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 100,000.00 0.00 100,000.00 0.000% 108,240.00 0.00 108,240.00 0.000% 440,581.00 58,095.00 382,486.00 13.190% 0.00 0.00 0.00 0.000% 2,000.00 0.00 2,000.00 0.000% 153,000.00 70,000.00 83,000.00 45.750% 74 377 705.00 4,848,074.33 69,529,630.67 6.520% 79,219,408.00 7,024,551.76 72.194,856.24 8.870% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% s CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED EQUIPMENT REPLACEMENT FUND: Equipment Charges 317,677.00 317,678.00 (1.00) 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 58,800.00 24,755.99 34,044.01 42.100% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMEI 376,477.00 342,433.99 34,043.01 90.960% INFORMATION TECHNOLOGY FUND: Charges for services 216,200.00 377,282.00 (161,082.00) 174.510% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 11,400.00 5,865.86 5,534.14 51.450% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLC 227,600.00 383,147.86 (155,547.86) 168.340% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 185,961.35, (88,461.35) 190.730% Arts in Public Places Credits Applied 0.00 4,122.64 (4,122.64) 0.000% Interest 5,100.00 2,469.15 2,630.85 48.410% TOTAL ARTS IN PUBLIC PLACES 102,600.00 192,553.14 (89,953.14) 187.670% TRANSPORTATION Developer fees 549,000.00 1,301,645.69 (752,645.69) 237.090% Interest 53,300.00 43,240.14 10,069.86 81.130% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 602,300.00 1,344,885.83 (742,585.831 223.290% PARKS & RECREATION Developer fees 251,000.00 513,211.93 (262,211.93) 204.470% Interest 0.00 9,262.92 (9,262.92) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS 3 RECREATION 251,000.00 522,474.85 (271,474.851 208.160% CIVIC CENTER Developer fees 183,000.00 285,968.34 (102,968.34) 156.270% Interest 21,200.00 16,988.61 4,211.39 80.130% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 204,200.00 302,956.95 (98,756.95) 148.360% 7 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED LIBRARY DEVELOPMENT Developer fees 112,500.00 195,309.73 (82,809.73) 173.610% Interest 0.00 8,964.06 (8,954.06) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 112,500.00 204,263.79 (91,763.79) 181.570% COMMUNITY CENTER Developer fees 48,500.00 94,391.00 (45,891.00) 194.620% Interest 8,700.00 4,891.24 3,808.76 _ 56.220% TOTAL COMMUNITY CENTER 57,200.00 99,282.24 (42,082.24) 173.570% STREET FACILITY Developer fees 7,500.00 26,640.13 (19,140.13) 355.200% Interest 1900.00 1135.60 764.40 59.770% TOTAL STREET FACILITY 9,400.00 27,775.73 (18,375.73) 295.490% PARK FACILITY Developer fees 2,500.00 8,178.35 (5,678.35) 327.130% Interest 500.00 295.75 204.25 59.150% TOTAL PARK FACILITY 3,000.00 8,474.10 (5,474.101 282.470% FIRE PROTECTION FACILITY Developer fees 32,100.00 80,038.88 (47,938.88) 249.340% Interest 1000.00 22.85 977.15 2.290% TOTAL FIRE PROTECTION FACILr 33,100.00 80,061.73 (46,961.731 241.880% LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 200,000.00 200,000.00 0.00 100.000% Interest 4100.00 2185.84 1,914.16 53.310% TOTAL LIBRARY DEV (COUNTY) I 204,100.00_ 202,185.84 1,914.16 99.060% 07/0112003-1131104 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 919,600.00 371,563.45 0.00 548,036.55 CITY MANAGER'S OFFICE 778,533.00 409,451.50 0.00 369.081.50 ECONOMIC DEVELOPMENT 821,350.00 432,259.62 0.00 389,090.38 PERSONNEL/RISK MGT 758,502.00 569,076.08 0.00 189,425.92 TOTAL GENERAL GOVERNMENT 3,277,985.00 1,782,350.65 0.00 1,495,634.35 FINANCE FISCAL SERVICES 698,564.00 364,687.48 0.00 331,876.52 CENTRAL SERVICES 748,086.00 441.963.23 0.00 306,132.77 TOTAL FINANCE 1,444,650.00 806,640.71 0.00 638,009.29 CITY CLERK 476,363.00 262,316.56 0.00 224,046.44 TOTAL CITY CLERK 476,363.00 252,316.56 0.00 224,046.44 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 776,646.00 301,410.85 0.00 475,235.15 SENIOR CENTER 347,635.00 152,808.84 0.00 194,826.16 PARKS 6 RECREATION PROGRAMS 100,048.00 64,336.98 0.00 35,711.02 TOTAL COMMUNITY SERVICES 1,224,329.00 518,556.67 0.00 705,772.33 PUBLIC SAFETY: POLICE SERVICES 5,266,000.00 1,381,614.80 0.00 3,884,385.20 FIRE 2,903,902.00 1,967.75 0.00 2,901,934.25 EMERGENCY SERVICES 48,945.00 25,427.94 0.00 23,517.06 TOTAL PUBLIC SAFETY 8,218,847.00 1,409,010.49 0.00 6,809,836.51 BUILDING 3 SAFETY: BUILDING 8 SAFETY - ADMIN 231,925.00 120,854.86 0.00 111,070.14 BUILDING 898,739.00 539,715.25 0.00 359,023.75 CODE COMPLIANCE 655,449.00 323,180.26 0.00 332,268.75 ANIMAL CONTROL 229,922.00 105,638.26 0.00 124,283.74 CMC CENTER BUILDING -OPERATIONS 1,068,765.00 769,645.59 0.00 299,119.41 TOTAL BUILDING & SAFETY 3,084,800.00 1,859,034.21 0.00 1,226,765.79 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 250,458.03 0.00 571,693.97 CURRENT PLANNING 711,429.00 283,235.59 0.00 428,193.41 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 633,693.62 0.00 999,887.38 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 124,889.11 0.00 134,165.89 DEVELOPMENT & TRAFFIC 1,240,125.00 588,443.00 0.00 651,682.00 MAINT/OPERATIONS - STREETS 2,256,952.00 535,339.22 0.00 1,721,612.78 MAINT/OPERATIONS - LTGMNDSCAPING 2,001,742.00 862,467.91 0.00 1,139,274.09 CONSTRUCTION MANAGEMENT 720,170.96 400,049.79 0.00 320,121.17 TOTAL PUBLIC WORKS 6,478,044.96 2,511,189.03 0.00 3,966,855.93 TRANSFERS OUT 1,327,716.00 101,824.63 0.00 1,225,891.37 GENERAL FUND REIMBURSEMENTS (3,840 630.96) (1,836,777.90) 0.00 (2,003,863.06) NET GENERAL FUND EXPENDITURES 23.225,685.00 7.937,838.67 0.00 16,287,846.33 74 CITY OF LA QUINTA 07/01/2003-1131104 OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET LIBRARY FUND 0.00 0.00 0.00 0.00 PROJECT EXPENDITURES 409,137.00 0.00 0.00 409,137.00 TRANSFER OUT TOTAL LIBRARY FUND 0. ,1 7. GAS TAX REIMBURSE GENERAL FUND 553,700.00 322,991.65 0.00 230,708.35 TRANSFER OUT 205,208.00 2,180.50 0.00 203,025.50 TOTAL GAS TAX FUND ,17 .15 0.00 gg QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 301,583.00 126,347.19 0.00 175,235.81 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 331,932.00 1,232.50 0.00 330,699.50 SOUTH COAST AIR QUALITY FUND 14,827.00 5,603.82 0.00 9,223.18 PROJECT EXPENDITURES 216,404.00 0.00 0.00 216,404.00 TRANSFER OUT TOTAL SOUTH COAST AIR QUALITY 1, 1. ,60 . CMAQASTEA TRANSFER OUT TOTAL CMAQASTEA FUND 595,235.00 0.00 0.00 595,235.00 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,892.86) 0.00 0.00 (1,892.85) LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 19,284.00 0.00 (19.284.00) VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 528.00 528.00.00 (0:05) TOTAL VIOLENT CRIME TASK FORCE 528.00 518,06 0.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 133,704.00 90,624.69 0.00 43,179.31 LIGHTING 3 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 498,516.65 0.00 356,083.35 TRANSFER OUT 0.00 0.00 0.00 TOTAL LTGMNDSCAPING FUND 854,600.00 498,51M INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 2,189,999.00 438,204.24 75 0.1 1,751,794.71 TOTAL INFRASTRUCTURE 4 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.21 0.00 0.00 142,507.21 TOTAL AD 2000-1 14 , 1 0. 1 10 CITY OF LA GUINTA 07101/2003-1131104 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 63,050.06 63,050.06 0.00 0.00 CONTRIBUTION 392,878.00 0.00 0.00 392,878.00 TRANSFER OUT 2,256,746.24 1,071,754.09 0.00 1,184,992.15 TOTAL TRANSPORTATION 2,71 4.30 1,134, 1 1,5 , 7 .15 PARKS 3 RECREATION INTEREST ON ADVANCE 0.00 41,020.00 0.00 (41,020.00) TRANSFER OUT 618,563.85 325,601.47 0.00 292,962.38 TOTAL PARKS 3 RECREATION 1 85 1.4 5 , CIVIC CENTER PROGRAM COSTS 0.00 2,905.80 0.00 (2,905.80) REIMBURSE GENERAL FUND 204,251.00 119,146.40 0.00 85,104.60 TRANSFER OUT 481,844.14 1 20.60 0.1 434 91.54 TOTAL CIVIC CENTER .1 9 1 LIBRARY DEVELOPMENT 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 4,074,930.31 173,423.63 0.00 3,901,506.68 TOTAL LIBRARY DEVELOPMENT 4, 74, 1 42 . 7 WOMB COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0. PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0. 0.00 0.00 6.6v- FIRE PROTECTION INTEREST ON ADVANCE 0.00 1,490.00 0.00 (1,490.00) TRANSFER OUT 1,500,000.00 970,110.77 0.00 529,889.23 TOTAL FIRE PROTECTION DIF 1, LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 400,000.00 0.00 0.00 400,000.00 TOTAL LIBRARY COUNTY DIF 400,000.00 0.00 O.M 400,000.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 78,406,628.50 6,953,434.54 3,295.00 71,448,898.96 PROJECT REIMBURSEMENTS TO GEN FUND 813,779.64 71,117.21 0.00 742,662.33 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 79,219,408.OW-7,024,551.75 551.29 ART IN PUBLIC PLACES FUND 3,500.00 0.00 0.00 3,500.00 MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1'800.00 ART PURCHASES 502,409.00 28,376.00 0.00 474,034.00 TRANSFER OUT 149,253.28 15,956.48 0.00 133,296.80 TOTAL ART IN PUBLIC PLACES 6 2 1. 61 , LG NORTE (97.1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LO NORTE (97-1) CIP FUND 0.00 0.00 0.00 ff.5T- URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 � 11 CITY OF LA QUINTA REMAINING OTHER CITY FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY VILLAGE PARKING TRANSFER OUT (1.892.85) 0.00 0.00 (1,892.85) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 694,761.00 33.29 267.647.71 0.00 427,133.29 TOTAL INFORMATION TECHNOLOGY FUND 6 81. 1 4 ,1 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,641.00 131,061.70 0.00 249,679.30 579-30 TOTAL EQUIPMENT REPLACEMENT FUND 38 1. 1 1, 1. 0. 4 , 12 COUNCIL/RDA MEETING DATE: T-i&t 4 4a Qum& AGENDA CATEGORY: BUSINESS SESSION: March 16, 2004 CONSENT CALENDAR: ITEM TITLE: Adopt a Resolution Accepting Guest Badges to the Nabisco Championship Golf Tournament To be Held March 22-28, 2004 in Rancho Mirage, CA RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Adopt a resolution of the City Council approving the acceptance of 10 guest badges valued at $70 each for the Nabisco Championship Golf Tournament to be held March 22-28, 2004 in Rancho Mirage, California. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Nabisco Championship guest badges were made available to the La Quinta Senior Center as a "thank you" for hosting the Nabisco Championship "Senior Putting Competition" at the Senior Center. In the past, the badges have been distributed to those volunteers who assisted with the putting contest. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the acceptance of 10 guest badges valued at $70 each for the Nabisco Championship Golf Tournament to be held March 22-28, 2004 in Rancho Mirage, California; or 2. Do not adopt a Resolution of the City Council approving the acceptance of 10 guest badges valued at $70 each for the Nabisco Championship Golf Tournament to be held March 22-28, 2004 in Rancho Mirage, California; or 3. Pfdvide staff with alternative direction. Ily subr�hitted, itz, ComHrjnity Services Director Approved for submission by - Thomas P. Genovese, City Manager RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING TEN GUEST BADGES TO THE 2004 NABISCO CHAMPIONSHIP GOLF TOURNAMENT WHEREAS, on March 2, 2004 Nabisco Championship generously donated to the La Quinta Senior Center, a gift of 10 guest badges valued at $70 each for the 2004 Nabisco Championship Golf Tournament to be held March 22-28, 2004 at Rancho Mirage, California; and WHEREAS, the gifts were donated to the City of La Quinta Senior Center and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation and to direct the City Manager to control distribution of the tournament guest badges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the donation of the guest badges for the 2004 Nabisco Championship Golf Tournament. 2. The City Manager is hereby directed to control distribution of said guest badges on a first come, first serve basis. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16T" day of March, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: so Resolution No. 2004- 2004 Nabisco Golf Tournament Guest Badges Adopted: March 16, 2004 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CV 4 41 (ory QU&S COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 29349-1, Norman Course at PGA West, KSL Land Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -457 STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 29349-1, Norman Course at PGA West, KSL Land Development, and authorize staff to release performance security immediately as warranty securities have been received. FISCAL IMPLICATIONS: None. No public improvements were developed with this tract; therefore, no future street or landscape maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This subdivision is located within the Norman Course at PGA West, east of Madison Street, north of Airport Boulevard, and west of Monroe Street (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a Table of Values indicating securities to be released upon City Council acceptance of improvements as warranty securities have been received. 82 S:\CityMgr\STAFF REPORTS ONLY\C 2 KSL 29349-t.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 29349-1, Norman Course at PGA West, KSL Land Development, and authorize staff to release security; or 2. Do not accept improvements to Tract No. 29349-1, Norman Course at PGA West, KSL Land Development; or 3. Provide staff with alternative direction. Respectfully submitted, T mothy R Jona on, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values S:\CityMgr\STAFF REPORTS ONLY\C 2 KSL 29349-1.doc 2 row 04 01 ATTACHMENT 2 Table of Values Tract 29349-1 Norman Course at PGA West KSL Land Development Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Street & Storm Drainage $293,812 $293,812 90% $29,381 Water $228,448 $228 448 90% _m$22,845 Sewer $111,848 $111,848 90% $11,185 Dr Utilities /Electric $93,500 M _._ _.. 90% _ $9,350 .__.._ Monumentation $0 __$93,500 $4,340 100% $0 Subtotal $727,608 $731,948 _ ___._$72,761 Engineering/Plans 20% $146,390 100 0 $0 Subtotal $72,761 No -Plans Contin enc 25% _a$878,338 $219,584 100% $0 Total $1,097,922 $72,761 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (June 15, 2004). Release Warranty securities one year from the date of acceptance (March 16, 2005). 8jF 4 TAPWDEMSTAMMartine \City CounciNitaffReports\final a ccentance\29349-1 attachment.doc TWit 4 QULKA COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Acceptance of Improvements Associated with Tract No. 29349-2, Norman Course at PGA West, KSL Land Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -k- STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 29349-2, Norman Course at PGA West, KSL Land Development, and authorize staff to release performance security immediately as warranty securities have been received. FISCAL IMPLICATIONS: None. No public improvements were developed with this tract; therefore, no future street or landscape maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This subdivision is located within the Norman Course at PGA West, east of Madison Street, north of Airport Boulevard, and west of Monroe Street (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a Table of Values indicating securities to be released upon City Council acceptance of improvements as warranty securities have been received. 86 S:\CityMgr\STAFF REPORTS ONLY\C 3 KSL 29349-2.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract No. 29349-2, Norman Course at PGA West, KSL Land Development, and authorize staff to release security; or 2. Do not accept improvements to Tract No. 29349-2, Norman Course at PGA West, KSL Land Development; or 3. Provide staff with alternative direction. Respectfully submitted, 4imothy 0. Pon s on, P.E. Public Wo s Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values T:\PWDEPT\STAFF\Johnson, A\Frequently used\29349-2-KSL.doc 2 87 ATTACHMENT 2 Table of Values Tract 29349+2 Norman Course at PGA West KSL Land Development Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Street & Storm Drainage $293,849 $293,849 90% $29,385 Water $295,455 $295,455 90% _ $29,546 Sewer 194, 442 $194,442 90% - 19,444 __.n _ ._ / Electr_ic D y Utilities _ .___ �..,._ _ $107,250 $107,250 _ 90% $10 725 Monumentation $0 $4,820 100% $0 Subtotal $890,996 $895,816 $89,100 Engineering/Plans 20% $179,163 100% $0 Subtotal $1,074,979 $89,100 No -Plans Contingency 25% $268,745 100% $0 Total $1,343,724 $89,100 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (June 15, 2004). Release Warranty securities one year from the date of acceptance (March 16, 2005). M] 4 T:\PWDEPT,STAFF\Martinez\City CounciA.StaffRenortsAnal accentance\29349-2 attachment.doc Twvl 4 ZP Qumraj COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Approval of a Professional Services Agreement with California Landscape & Design, Inc. to Provide Design/Build Services for the La Quinta Skate Park, Project No. 2003-12 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING Approve a Professional Services Agreement (PSA) with California Landscape & Design, Inc., in the amount of $241,447, to provide design/build services for the La Quinta Skate Park, Project No. 2003-12. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Quimby: RZH Recreation Grant (Prop. 12): Dept. of Parks and Recreation (Prop. 12): Total Proposed Funding: $100,000.00 $56,486.00 $176,000.00 $332,486.00 Contingent upon City Council approval of the attached PSA (Attachment 1) in the amount of $241,447, the following represents the anticipated project budget: Design/Build: Inspection/Testing/Survey: Administration: Professional: Contingency: Total: $241,447.00 $25,768.00 $16,624.00 $10,000.00 $ 38, 647.00 $332,486.00 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: None. (� S:\CityMgr\STAFF REPORTS ONLY\C 7 Skate Park.doc n D BACKGROUND AND OVERVIEW: The proposed improvements shall include the installation of an approximately 14,000 square foot skate park amenity at the La Quinta Park located at the corner of Adams Street and Westward Ho Drive. It is anticipated the amenity will include a concrete bowl, modular skate ramps, and other incidentals. Please _refer to Exhibit "A" of the attached agreement for more information. On August 21, 2001, the City Council adopted a Resolution approving the application for grant funds from the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. (Proposition 12 and Roberti-Z'berg- Harris Urban Space and Recreation Block Grant Program [RZH Recreational Grant]). On February 21, 2003, the City submitted grant applications in the amount of $176,000 and $56,486, respectively, to the California Department of Parks and Recreation. These grants were approved in April 2003 by the California Department of Parks and Recreation and the City was authorized to proceed with the development of the skate park. On December 2, 2003, the City Council appropriated $100,000 from Quimby Funds, $56,486 from RZH Recreation Grant and $176,000 from the California Department of Parks and Recreation Grant, added the Skate Park Improvements to the Fiscal Year 2003/2004 Capital Improvement Plan, approved a Request for Proposal (RFP) to Obtain Design Build Services, and appointed a Consultant Selection Committee. On December 22, 2003, the City received a single proposal in response to the City's RFP. The proposal was from California Landscape & Design, Inc. Following its evaluation of the proposal, the Consultant Selection Committee recommends California Landscape & Design, Inc. be awarded a PSA in the amount of $241,447 to provide design build services for the City of La Quinta Skate Park, Project Number 2003-12. Contingent upon City Council approval of the PSA, the following represents the project schedule: City Council Approves PSA March 16, 2004 Project Design/Construction March - August 2004 City Council Accepts Improvements September 2004 S:\CityMgr\STAFF REPORTS ONLY\C 7 Skate Park.doc 2 91 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with California Landscape & Design, Inc., in the amount of $241,447, to provide design/build services for the La Quinta Skate Park, Project No. 2003-12; or 2. Do not approve a Professional Services Agreement with California Landscape & Design, Inc., in the amount of $241,447, to provide design/build services for the La Quinta Skate Park, Project No. 2003-12; or 3. Provide staff with alternative direction. Respectfully submitted, imothy Pon n, P.E. Public W s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement S:\CityMgr\STAFF REPORTS ONLY\C 7 Skate Park.doc 3 r:. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and California Landscape & Design, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Design/Build Contract for the La Quinta Skate Park and Amenities as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional, and satisfactory manners in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers, plans, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services as required to provide the proper completion of the La Quinta Skate Park and Amenities. There will be no change orders or amendments to this contract. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Ptjcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc Page Jsof 9 93 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in. accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Forty.One Thousand Four Hundred Forty Seven Dollars ($241,447) (the "Contract Sum"). The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The City Council has directed that the La Quinta Skate Park and Amenities be completed and operational by August 2004. a. Liquidated Damages: It is agreed by the parties to the Contract that time is of the essence; and that in the case all work is not completed before or upon the expiration of the time limit set forth, damage will be sustained by the City and it is, therefore, agreed that the Design/Build Team will pay to the City an amount; for contracts in excess of .$100,000 in value with a contract length of greater than 30 consecutive calendar days, shall be $500 per day, for contracts less than $100,000 in value with a contract length of less than 30 consecutive calendar days, shall be $300 per day, plus any amount of actual damages incurred by the City caused by the Design/Build Team's failure to complete the work in the time agreed. It is further agreed that the City has the right to deduct from payments actual costs to the City for engineering, inspection,. superintendence, and other overhead expenses, which are directly chargeable to. the Contract, and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges. The expenses and damages described above will be deducted from any money due the Design/Build Team under this Contract; the Design/Build Team and his sureties shall be liable for any such excess cost. The Design/Build Team shall not be deemed in breach of its Contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Design/Build Team, provided the Design/Build Team requests an extension of time in accordance with procedures approved by the Public Works Director. Unforeseeable causes of delay beyond the control of the MTROJECTS\CLO T Drive Project Files\PROJECTS\2003 Pgcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc Pag t of 9 C} Design/Build Team shall include acts of God, acts of a public enemy, acts of the government, or acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, weather, or delays caused by failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of the Design/Build Team, its agents, employees, officers, subcontractors, or suppliers shall not be excusable. Excusable delays (those beyond Design/Build Team's control) shall not entitle the Design/Build Team to any additional compensation. The sole remedy of the Design/Build Team shall be to seek an extension of contract time. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, _ quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services; except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Joe Ciaglia, President/CEO b. Wally Hollyday, Project Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the 9J _ N:\PROJECTS\CLQ T Drive Project FilesTROJECTS\2003 Pdcts4003.12 Community Park Skate Park\SkateParkAgreemem.doc Page #f 9 performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Design/Build Team, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Design/Build Team shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. _ 4.4 - Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder .shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate 96 N:\PROJECTS\CLQ T Drive Project Fjles\PROJECTS\2003 Prjcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc - Page 4ff 9 evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelled without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this. Agreement. 5.4 Construction Bonds. The successful Design/Build Consultant Team will be required to furnish a Labor and Materials Bond in the amount equal to one hundred percent (100%) of the Contract price for construction, as well as a Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price for construction. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Prjcts\2003-12 Community Park Skate Park\SkateParkAgreemencdoc - - Pagedof 9 V 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer,to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the. specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems N:\PROJECTS\CLQ T Drive Project Files\PROJECTS\2003 Prjcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc Page tff 9 98 warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of. one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct .or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of 'termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with .the. provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City. may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. N:\PROJECTS\CLQ T Drive Project Files:TROJECTS\2003 Prjcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc PV 9 99 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA California Landscape & Design, Inc. Attention: City Manager Attention: John Little, Business Development 78-4-95 Calle Tampico 273 N. Benson Avenue P.O. Box 1504 Upland, CA 91786 La Quinta, California 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a - valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. l�0 N9PROJECTSTLQ T Drive Project FilesTROJECW2003 Pdcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc P Y of 9 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement .as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Don Adolph, Mayor ATTEST: June Greek, City Clerk APPROVED AS TO FORM: Date M. Katherine Jenson, City Attorney CONSULTANT: CALIFORNI"AIWSCAPE AND DESIGN, INC. By: _ ////V� Name: Joe is lia Title: P sident/,C/EO Date: 101 N:\PROJECTS\CLQ T Drive Project Piles\PROJECTS\2003 Prjcts\2003-12 Community Park Skate Park\SkateParkAgreement.doc Paul 19 Exhibit A Scope of Services The Scope of Services includes, but is not limited to, completing the design, plans, detailed specifications, and cost estimate for the La Quinta Skate Park, and supporting amenities. The work also includes construction management and inspection services throughout the duration of the contract. Coordinate meetings with City staff for the design and construction of the skate park. The attached plan indicating 'the proposed layout shall be used in consideration of the design. The consultant shall also complete any studies required to determine any underground obstructions that must be mitigated or removed. The Consultants Scope of Work, dated February 23, 2004 is attached and made a part herein. 13 102 dL s a5-1 N, 273 N. K-- Au. Utid:xd. CA 91786Skatep- etw.r`+ 9n�-in:t r.,. vnv-4ta t-v:u,tt ar1w California Landscape and Design EXIBIT A Scope of Work PHASE I - CONCEPTUAL DESIGN The purpose of the conceptual phase is to establish design parameters and Client objectives relating to project image, level of desired landscape treatment and budget parameters. Services will include: 1. Pre Design Meeting - The meeting with the Client and confirmation of requirements and standard to be utilized in the design. All parties will discuss the project approach, scope, budget, operations, maintenance, skate park, any neighborhood concerns and impacts, access, etc. and schedule of services. We will present an outline of our agenda for the workshop, for input and refinement. 2. Data Collection - We will collect available data regarding the existing site, any as -built drawings, existing design plans, infrastructure, topographical survey, geology, utility easements, public input, and other information regarding existing conditions. 3. Inventory of Conditions - The inventory of existing conditions on -site, including, but not limited to utilities, orientations, sun and shade conditions, grading, existing plant material, soil conditions, etc. 4. Base Map / Site Analysis — The preparation of a base map will include information supplied by the Client, which includes a topographic survey, utilities search, easements, and infrastructure. The Design Team will develop a site analysis and inventory by looking at existing activities in the area, access, existing site conditions, surrounding land use, drop-off and pick up area, grading and drainage, opportunities, and constraints, etc. If a topographic survey is not available, we will assist the Client in obtaining the survey. 5. Public Input Meeting (Preliminary Design Meeting #1) - The Design Team will facilitate an input workshop with the community, existing user groups, local skaters and City staff. The scope of services, design process, and time line will be explained. A Preliminary plan of the skate park will be presented showing the layout of street and bowl elements. The Design Team will guide the participants through an input session to review a variety of design ideas and possible components (elements) of the skate park. Existing examples of similar skate park projects can be displayed to help visualize elements within the skate park. We will seek input and have a "hands-on" design charette, and formulate design alternatives from this input. 6. Conceptual Design - Based. on the information obtained at the first workshop, the Design Team will . explore functional and visual relationships of the proposed site by looking at such components as layout and orientation, safety zones, security, grading concepts, circulation of pedestrians, and traffic, proposed park improvements etc. Park renovation and Skate Park layout alternatives will be designed to address the proposed program. Comments and recommendations will be reviewed with staff for their acceptability, strengths, and weaknesses. Construction components, drainage devices, materials, and site amenities will be presented to staff for review and input. The plan will be rendered for presentation. 2/23/2004 LaQuinta Scope.doc 1 14 1C!,3 awaalmW-ft. I'Invte Ml!Y9O9-�(SI r.0 `i(MT4{i I-v,liw.l lateparka PHASE H - DESIGN DEVELOPMENT 1. Presentation - Commission/Council Meeting - After Public Input meeting and communication from city staff, the design will be refined to a final plan. The Final Conceptual Plan and construction co$t estimates will be presented to the community, user groups, Commission and/or Council for final input and approval. We will also review construction costs. PHASE III - CONSTRUCTION DOCUMENTS As authorized by the Client, and upon approval of the preliminary plans, CLD will develop the necessary drawings and technical specifications with base sheets provided by the Client for submittal to all local agencies prior to construction. We shall: 1. Prepare all base layout sheets for landscaped areas. 2. Prepare layout and construction plan. 3. Prepare construction plans for planting. 4. Prepare construction plans grading and drainage. 5. Prepare construction plans for irrigation systems. 6. Prepare construction details as appropriate for all of the above plans. 7. Prepare technical specifications responding to local conditions. 8. Prepare a final detailed cost estimate. 9. Plan corrections as result of plan review. PHASE IV - CONTRACT ADMINISTRATION AND CONSTRUCTION CLD shall provide contract administration and coordination for quality control of the job's construction. Included will be: 1. Architectural communication between city and construction crew chief. 2. Quality control 3. Construction of Skate Park per design and specifications established at community meetings. Equipment to include: a. Various Huna products powder coated blue b. Musco lighting to be connected to existing system per Attachment 1 in City of La Quinta RFP for Skate pack facilities c. Concrete elements d. Rails - e. 2-Victor Stanley 4TH-36 trash cans f 2-Victor Stanley #C-96 benches 4. Specifications per attached. ITEMS TO BE SUPPLIED BY THE CLIENT • Topographic Survey • Easements, Rights -of -Way, Utilities, etc. • Any As -built Drawings • Geotechnical Report 2/23/2004 LaQuinta Scope.doc 2 15 EA AIL 'I r�'A'r x�% 'L7:1 N. (Srm nn Au•. 1:1J:nr1. CA `+174G Nt�wix 90P-aa9-��e�t r,,. acrvwta-v:un dL site 03100-3 16 03100 - CONCRETE FORMWORK GENERAL The requirements of the General Conditions, Supplementary General Conditions, and Division 1 apply to the work of this section. 1.1 SCOPE A. The work includes, but is not necessarily limited to, the fumishing, installing, and removing of forms for all cast -in -place concrete work as shown and noted on the drawings and specified herein. When authorized in writing by the City/ owner/ owner/ owner, where sides of excavations have been cut neat and accurate to size for placing of concrete directly against the excavation, and where sides of excavations are firm, forms for footings will not be required as hereinafter specified. B. Refer to Appendix "A" for standard details and additional information. 1.2 REQUIREMENTS OF REGULATORY AGENCIES Codes and Standards: The American Concrete Institute's "Recommended Practice*for Concrete Formwork," ACI 347-71, and the "Uniform Building Code, 1993 Edition, Section 2606, are hereby made a direct part of this specification, and all concrete formwork included in this contract shall conform with the applicable requirements therein except as specified otherwise herein. 2 PRODUCTS 2.1 MATERIALS A. Earth Forms: Allowed only when authorized by the City/ owner/ owner/ owner, earth forms may be used for footings only where the soil is firm and stable and the concrete will not be exposed. Where earth forms are to be used, excavations shall be cut neat and accurate to size for placing of concrete directly against the excavation. B. Boards for Unexposed Concrete not otherwise scheduled or specified, shall be 6 inches or 8 inches shiplapped or T. & G. "Standard" grade Douglas Fir, conforming to the "Standard Grading and Dressing Rules No. 16,". Boards shall be S4S. Contractor, at his option, may use plywood for forms in lieu of boards. Plywood, if used, shall be "B-B Plyforrn Class I Exterior" grade, conforming to U.S. Product Standard PS 1, 5/8 inch minimum thickness. C. Plywood for Exposed Concrete, not otherwise scheduled or specified, shall conform to the following: 1. Exterior Surfaces: B-B Plywood Class I Exterior" grade plywood, conforming to U.S. Product Standard PS 1, 5/8 inch minimum thickness. Each panel shall carry the grade trademark of the American Plywood Association along with the DFPA Quality stamp. D. Framing, Studding and Bracing: "Standard or Construction" grade Douglas Fir, rough or S4S, conforming to the herein before specified Grading and Dressing Rules No..16. E. Cold Joints: Standard metal keyed dividers for cold joints, subject to approval of the City/ owner/ owner/ owner representative. F. Pre -molded joint filler: non -extruding and resilient filler {non -bituminous type) ASTM D1752 provided in sheet form. Products to be used are Neoprene Sponge Expansion Joint Filler, Code #3097 as manufactured 03100-1 site 17 by EDOCO, 22039 South Westward Avenue, Long Beach, Califomia 90810, or approved equal. G. Sealant and primer: Polysulfide sealer suitable for vertical joints, and for the use with above pre -molded joint filler. Provide primer as required by manufacturer. Product shall be Sikaflex-2C-SL as supplied by Concrete Tie, 130 Oris Street, Compton, California 00222, or approved equal. H. Form Coating: Non -grain raising and non -straining type that will not leave residual matter on surface of concrete or adversely affect proper bonding of subsequent application of other material applied to concrete surface. Apply coating in conformity with manufacturer's specifications before reinforcing steel is placed. Cylindrical Columns and Supports: 1. Form round -section members with paper or fiber tubes, constructed of laminated plys using water-resistant type adhesive with wax -impregnated exterior for weather and moisture protection. Provide units with sufficient wall thickness to resist loads imposed by wet concrete, without deformation. 2. Provide manufacturer's seamless units to minimize spiral gaps or seams. EXECUTION 3.1 CONSTRUCTION A. Earth Forms: Trench earth forms at least 2 inches wider than footing widths shown on drawings. Construct wood edge strips at each side of trench at top to secure reinforcing and prevent trench from sloughing. Form sides of footings where earth sloughs. Earth forms shall be tamped firm and cleaned of all debris and loose material before depositing concrete. B. Formwork - General: Wood forms shall be constructed of sound material, shall be of the correct shape and dimensions, mortar tight, and of sufficient strength, and so braced and tied together that the movement of men, equipment, materials, or placing and vibrating the concrete will not throw them out of line or position. Forms shall be strong enough to maintain their shape under all imposed loads. They shall be so constructed that they may be easily removed without damage to the concrete. Before concrete is placed in any form, the horizontal and vertical position of the form shall be carefully verified by City/ owner/ owner/ owner Representative and all inaccuracies corrected. City/ owner/owner/ owner Representative must receive 48 hours notice before inspection. All wedging and bracing shall be completed in advance of placing of concrete. C. Framing and Bracing: Space studs at 16 inches on center maximum for boards and 12 inches on center maximum for plywood. Framing, bracing, supporting members, and centering shall be of ample size and strength to safely carry, without deflection, all dead and live loads to which forms may be subjected, and shall be spaced sufficiently close to prevent any bulging or sagging of forms. Soffits of all beam forms shall be constructed of two inches minimum thick material. Concrete out of line, level or plumb will be cause for rejection of the whole work affected. Distribute bracing loads over base area on which bracing is erected. When placed on ground, protect against undermining or settlement. D. Tolerances: site 03100-2 18 1. Variation from plumb in lines and surfaces of walls and risers shall not exceed 1/8 inch in 10 feet with maximum "in" and 'but' variation occurring in not less than 20 feet. 2. Variation in cross sectional dimension of thickness of slabs and walls shall not exceed minus 1/4 inch or plus 1/2 inch. E. Form Ties: F. Clean out of Forms: All forms and surfaces to receive concrete shall be cleaned of all chips, sawdust and other debris and shall be thoroughly blown out with compressed air just before concrete is placed. G. Arrangement: Arrange formwork to allow proper erection sequence and to permit form removal without damage to concrete. H. Construction Joints: Construction joints shall be formed as specified in Cast -In- Place Concrete Section. Provide a surfaced pouring strip where construction joints intersect exposed surfaces to provide straight line at joints. Just prior to subsequent pour, remove strip and tighten forms to conceal shrinkage. Construction joints shall show no "overlapping" of concrete and shall, as closely as possible, present the same appearance as butted plywood joints. Joints in a continuous line shall be straight, true, and sharp. I. Imbedded Items: Provisions shall be made for pipes, sleeves, anchors, inserts, reglets, anchor slots, nailers, waterstops, and other features. No wood other than necessary nailing blocks shall be imbedded in concrete. Complete cooperation shall be extended suppliers of imbedded items in their installation. Secure information for imbedded items from other trades as required. All imbedded items shall be securely anchored in correct location and alignment prior to placing concrete. Electrical and telephone conduits shall be run in concrete only on the written approval of the Architect. Under no circumstances will aluminum conduit be permitted in concrete. No electrical or telephone conduit larger than 3/4" in diameter and no plumbing pipes of any size will be permitted in concrete walls or slabs, except through sleeves. J. Openings for Items Passing through Concrete: Frame openings in concrete where indicated on the drawings. Contractor shall establish exact location, sizes and other conditions required for openings and attachment of work specified under other sections. Contractor shall be held responsible for proper coordination of all work of this nature in order that there will be no unnecessary cutting and patching or concrete. Any cutting and repairing to concrete required as result of failure to provide for such openings shall be paid for by the Contractor at no additional expense to the City/ owner/ owner/ owner. K. Screeds: Contractor shall set screeds and establish levels for tops of concrete slabs and leveling for finish on slabs. Shape slabs to drain where required or as indicated on drawings. Before depositing concrete, all forms shall be thoroughly wetted. Reinforcement and inserts shall be secured in position and approved by the City/ owner/ owner/ owner. Free-standing water shall be, removed. L. Screed Supports: Screed supports for concrete over waterproof membrane and/or vapor -barrier membranes shall be of a cradle, pad, or base type which will not puncture the membrane. Staking through the membrane will not be permitted. M. Reuse and Coating of Forms: Thoroughly clean forms and re -coat with specified form coating before each reuse. Do not reuse any form for exposed work which cannot be reconditioned to 'like new" condition. site 03100-3 1 C,8 19 Discard forms considered unsatisfactory by the City/ owner/ owner/ owner. Apply form coating to all forms in accordance with the manufacturer's specifications. Apply form coatings before placing reinforcing steel N. Inspection: Prior to placing of any concrete, and after placement of reinforcing steel in the forms, Contractor shall notify the City/ owner/ owner/ owner so that proper inspection may be made. Such notification shall be made at least 72 hours in advance of placing concrete to permit proper arrangements to be made for inspection. O. Rejection of Defective Work Due to Improper Forms: Any movement or bellying of forms during construction or variations in excess of the tolerances specified will be considered just cause for the removal of such forms and, in addition, the concrete work so affected. Reconstruction of forms and new concrete shall be furnished at no additional cost to the City/ owner/ owner/ owner. 3.2 REMOVAL OF FORMS AND SHORES A. The supporting forms and shoring shall not be removed until the members have acquired sufficient strength to support their weight and the loads superimposed thereon safely. In no case may any fomis or shoring be removed until the time and sequence has been approved by the City/ owner/ owner/ owner. Earlier removal than specified below may be approved by the City/ owner/ owner/ owner, based on the weather and tests of job -cured cylinders. All formwork shall be removed without damage to the concrete. B. During the period that forms are in place on the concrete work, said forms shall be kept wet at all times. C. In removing plywood forms, no metal pinch bars shall be used and special care shall be taken in stripping. Start at top edge of vertical comer where it is possible to insert wooden wedges. Wedging shall be done gradually and shall be accompanied by light tapping on the plywood panels to crack them loose. Do not remove form with a single jerk after it has been started at one end. D. Forms shall be left in place as long as possible to permit shrinkage away from concrete, and plywood forms shall be left in place until all other forms around are stripped and until there is no danger of damaging the concrete due to other work in the vicinity. E. After stripping, Contractor shall properly protect all concrete to be exposed in the finish work from damage, with boards and non -staining building paper to prevent staining, spalled edges, chips, etc. END OF SECTION site 03100-4 t �� 20 1 03200 - CONCRETE/CONCRZTE REINFORCEMENT The requirements of the General Conditions, Supplementary General Conditions, and Division 1 apply to the work of this section. 1 CONCRETE 1.1 Tests and inspections to conform to local Building Code or Uniform Building Code as amended by the local authority. 1.2 Portland Cement shall conform to current ASTM C150 and C595 standards, Type II. 1.3 Aggregate shall conform to current ASTM C33 standard. 1.4 Water shall be potable and from a domestic supply. 1.5 All new concrete shall have a minimum compressive strength of 4000 psi. The maximum slump shall be 3° plus or minus 1'. The maximum aggregate size shall be one inch. No special inspection required unless noted.otherwise on the drawings. 2 GROUT 2.1 Tests and inspections to conform to local Building Code or Uniform Building Code as amended by the local authority. 2.2 Portland Cement shall conform to current ASTM C150 and C595 standards, Type IL 2.3 Water shall be potable and from a domestic supply. 2.4 All new grout shall have a minimum compressive strength of 3000 psi. The maximum slump shall be 4° plus or minus 1". The aggregate shall be clean, well graded sand. No special inspection required unless noted otherwise on the drawings. 3 REINFORCING STEEL 3.1 Reinforcing steel to be Grade 40 or better. 3.2 Reinforcing steel to comply with current ASTM standards A615, A616, A617 and A706. 3.3 Welded wire fabric shall conform to current ASTM standard A-185. 3.4 Tie wire shall conform to current ASTM standard A-82. 3.5 All reinforcing steel shall have the following minimum concrete coverage, unless noted otherwise: A. Concrete placed against earth: 3 inches. B. Concrete with formed surfaces in contact with earth: 2 inches. C. Concrete exposed to weather: 2 inches. D. Slabs, wall and joists not exposed to weather or in contact with -earth (#11 bars and smaller): 3/4 inches. E. Beams, girders, and columns not exposed to weather or in contact with earth: 1-1/2 inches. 3.6 Continuous reinforcing steel must be spliced with a minimum lap of 30 bar diameters in concrete and 40 bar diameters in masonry, but not less than 24 inches, unless noted otherwise. 3.7 All horizontal reinforcing steel in concrete or masonry wails shall be continuous around corners in each direction for 30 bar diameters or 1'- 6" minimum in concrete and 40 bar diameters or 2'- 0" minimum in masonry. 3.8 Stagger splices a minimum of twice the lap length for horizontal. reinforcing. site 03200-1 21 1 k 3.9 Dowels shall be provided at all pour joints and shall be the same size and spacing as reinforcing directly beyond pour joints. 4 CONCRETE MASONRY 4.1 All concrete masonry, concrete block, to be Grade N as per UBC Standard No. 24-5, current edition. 4.2 All reinforced masonry cells to be filled with 3000 psi grout, aggregates to comply with ASTM standard C404-61, tests to comply with UBC Standard No. 24-22, current edition. 5 PRECAST CONCRETE Principal items include: 5.1 Plant manufactured precast architectural concrete for the entire wall, except where concrete and bronze signs shown. 5.2 Reinforcing and anchorage devices for precast concrete permanent attachment, shimming. 5.3 Furnishing with setting instructions items for this Work which are embedded in Work of other trades. 5.4 Placing items furnished by other trades for embedding in precast concrete. 5.5 Grouting, dry packing, caulking, and sealants for Work of this Section. 5.6 Cleaning and repairing precast concrete, including damage or staining of this Work by other trades. 5.7 Sand blasting, or acid etching or honing. 5.8 Water repellent sealer treatment. 5.9 Quality Assurance A. Product Manufactured Items: The design of precast concrete unit is based on the products of Concrete Design, Inc. (CDI), Tucson, Arizona, 800/279-2278; custom or standard shapes to establish the intended type and shape. Quality requirements are as specified herein. B. Qualifications of Manufacturer: Employ a precast concrete manufacturer having at least five years continuous operation in manufacturing units of required types, and obtain Owner's written approval of the manufacturer's qualifications prior to bidding. Submit Samples and data as Owner or Architect may required. C. Supervision: Perform Work of this Section under supervision of a capable specialist foreman. D. Concrete Quality: Testing Laboratory shall design the concrete mix and perform preliminary compressive strength testing at the Contractor's expense. At Contractor's option, concrete design and preliminary testing may be performed by concrete unit manufacturer's quality control organization, if the organization meets the testing laboratory qualifications, or by an equal independent commercial testing laboratory meeting the same qualifications, all subject to approval 1. Concrete Mix Design: Design concrete mixes for 28-day compressive strength required for this application. Trial batch strength for each mix shall exceed required strength by 750 psi or a lesser amount based on standard deviations of strength test records per ACI 318. 2. Basis of Mix Designs: Design concrete for workability and durability of concrete. Control mixes in accordance with Chapter 4, ACI 318 "Building Code Requirements for Reinforced Concrete." Make adjustments in cement content as necessary for required concrete strengths at the Contractor's expense. Do site 032U0-2 1 1 22 not exceed 0.60 absolute water -cement ratio by weight. Any mix for formed normal weight concrete shall contain an air - entraining agent producing air content of 3.5% to 6.5% by volume and adjusted for weather conditions. Do not use calcium chloride. Other admixtures containing material releasing nitrates in solution are limited to 0.06% by weight for the chloride ion. 3. Maximum Aggregate Sizes: Not exceeding 3/4 of the minimum clear space between bars and between bars and forms, nor larger than 1/5 of least dimensions between the forms. Design mixes with maximum 1" size for sections 4° or more in thickness and maximum 3/8" size where congested reinforcing or thin sections occur. 4. Lightweight Structural Concrete: Design for air-dry density of 115 pounds per cubic foot. E. Inspections and Testing: Contractor shall furnish and pay for inspections and testing at the fabricating plant required by Building Department. F. Defective Precast Concrete: Consider all precast concrete defective that fails to match approved samples; to meet the specified strengths; shows cracks beyond the specified tolerances; are out of square and trueness in excess of the specified tolerances; or that show rock pockets, air pockets, voids, spall, or exposed ties or reinforcing. G. Tolerances: Fabricate units to conform to following tolerances which are not cumulative and shall be off -setting in runs of units. Units which produce irregular or unsightly join lines or connections after erection as determined by Architect, even though within the allowable tolerances for individual units, are subject to rejection unless suitable approved corrections are made without extra cost to the Owner. maximum allowable tolerances are: 1. 1/8" plus or minus on all dimensions shown on approved Shop Drawings. 2. 1/8" plus or minus warpage for panels 8 feet or longer on the maximum dimension, proportional reduction for shorter units. 3. 1/8" deviation from straight. 5.10 Submittals: A. Shop Drawings: Submit Shop Drawings and obtain approval prior to manufacturing any precast concrete. Show profiles, joints, and arrangements of units; details of special designs and shapes; methods for installation and anchoring; details for typical and special anchors and inserts; typical and special joints with information on caulking and sealant materials and installations; and details for connecting precast concrete to adjoining construction or materials. 1. Design Requirements and Calculations: In Shop Drawings, -Contractor shall design all precast concrete units to conform to arrangements, dimensions, and configurations indicated on Drawings. With Shop Drawings, submit structural calculations for all Work of this Section, prepared and sealed by a California registered civil or structural engineer. In addition, designs in Shop Drawings shall conform to Code and the following requirements: (a) Anchorage to supporting structure shall withstand Code seismic loads in any horizontal direction equal to 200% of the weight of the connected concrete unit, and .permit site 03200-3 23 1�� a differential movement (drift) between stories of 0.01 times the story height in inches. (b) All steel connections shall have ductility and rotational capacity adequate to preclude fracture of concrete or brittle failures at or near welds and shall not impose torque stress on the supporting structural members. (c) Steel anchors and connectors embedded in the concrete units shall be looped or hooked around the unit reinforcing bars or sections of bars of length adequate to spread the stresses. (d) Concrete units and connections shall be designed to withstand a minimum 20 psf wind load acting both in and out, increased at building comers, and increased for height as required by Code. 2. Additional Reinforcement Details: Allow reinforcement for fabrication, lifting, handling, and erection stresses. In Shop Drawings, include complete details and calculations for all additional reinforcement, handling devices, and connections required to resist such stresses. 3. Identification Coding: Assign a code identification number to each precast concrete unit in the Shop Drawings. B. Samples: Examine previously approved Sample on file in Architect's office or at the site. Produce Samples and completed Work that match the file Sample. 1. Preliminary Samples: Before purchasing any production materials or proceeding with any Work, submit Samples of each exposed unit surface, minimum 18" x 18" size, matching approved Sample on file in Architect's office as to finish and appearance. If requested, submit Samples of backup materials, anchorage, attachments, and other accessories proposed for use. C. Certificates: Submit the following: 1. Portland Cement: Submit Mill Certificates covering portiand cement used in precast concrete unit manufacture, signed by the cement manufacturer and indicating compliance with requirements specified. 2. Concrete Aggregates: Submit a certificate covering aggregates used in unit manufacture, stating aggregates conform to requirements specified. 3. Reinforcing Bars: Submit certified mill analyses and test reports for all reinforcing bars used in unit manufacture. D. Concrete Mix Design and Preliminary Strength Test Reports: Prior to the start of unit manufacture file with the Architect for record purpose only and not for review or approval 3 copies of the concrete mix design and preliminary strength test reports covering concrete for the precast units. E. Production Records: Submit three certified copies of production records maintained by precast concrete manufacturer as required by Article "Quality Control During Manufacture" hereinafter. Submit prior to delivery to the site of the units covered by the records. 5.11 Product Delivery, Storage and Handling: Deliver precast concrete units in timely manner to ensure uninterrupted progress of the Work. Store materials in a site 03200-4 24 113 manner that precludes damage and prevents undue loads which over stress the units 6 PRODUCTS 6.1 Basic Materials: Item description Forms Rigid metal, plastic, or overlaid plywood, smooth, free of defects, producing specified finish. Form coating Resin type coating material free of oil, silicone, wax, and other non- drying material, not -grain -raising. Reinforcing bars ASTM A615, Grades 40 and 60. Reinforcing mesh ASTM A185, mesh size and gage shown, with 60k psi minimum tensile strength. Reinforcing wire ASTM A82, cold drawn. Tie wire Annealed steel, 16 gage minimum. Welding electrodes AWS D5.1 Series 80 or 90 low hydrogen electrodes per AWS D1.4 for reinforcing, Series specified for anchors. Portland cement: ASTM C150, Type II, low alkali. Do not change the brand without prior approval. Provide white portland cement as required for match with the approved file Sample. Stone aggregate ASTM C33, from approved pits, free of vegetable matter, opaline, feldspar, or siliceous magnesium substances; clean, ham, fine- grained washed sound crushed rock or gravel; not over 5% by weight of flat, thin, elongated, friable or laminated pieces (pieces having the major dimensions over 5 times average dimension) or over 2% by weight of shale or cherty material. Lightweight aggregates ASTM C330, Ridgelite, Rocklite, or other approved coated expanded coarse. aggregate, dry loose weight maximum 38 pounds per cubic foot, maximum 9/16" size; all aggregate vacuum or thermally fully saturated for pumped concrete. Air -entraining admixture ASTM C260. Calcium chloride is not allowed. Water From potable domestic source. Anchors ASTM A36 steel. Stainless steel. Bolts ASTM A307 unless otherwise shown. Galvanizing ASTM A123 or A153, as applicable. Galvanizing repair material All States "Galvanizing Powder", "Drygaly" by American Solder and Flux, or equal hot applied repair material, or anodic zinc -rich galvanizing repair paint conforming to DOD-P-21035. Non -shrink grout (Off white) Master Builders °Embeco" or equal non -gas -forming type, free of oxidizing catalysts and inorganic accelerators, having performance characteristics when mixed to fluid consistency meeting CRD-C-79 and CRD-C-58B, non -staining non -rusting type in exposed areas. Sample to be approved by Architect. 6.2 Related Materials: A. Joint Sealing Materials: Off-white sample to be approved by Architect, non -sagging silicone or urethane polymer type for 60% joint movement, 20 year warrantee. B. Form Liner: Rigid or resilient polymer type by L. M. Scofield Co., Labrado Forms, Inc., Symons Corporation, Greenstreak Plastic site 03200-5 114 25 Products, or equal, types as shown or directed and matching the approved Sample. 6.3 Precast Concrete Unit Manufacture A. Forms: Coat forms with specified resin material, not oil. Build concrete forms to exact shapes, sizes, lines, and dimensions required to obtain accurate alignment, locations, grades, and level and plumb Work. Provide for openings, offsets, keyways, recesses, mouldings, reglets, chamfers, blocking, anchorages and other required features. Make forms easily removable without any hammering or prying against concrete. Construct forms so no sagging, leakage of concrete mortar, or displacement occurs during and after placing concrete. Secure all embedded items in forms in. accordance with the Shop Drawings and instructions of other trades. Clean and recondition form material before reuse. B. Reinforcement 1. Bending and Forming: Fabricate bars of the indicated grades and sizes and accurately form to the required shapes and lengths by methods not injurious to materials. Do not heat reinforcement for bending. Bars with kinks or bends not scheduled will be rejected. Use tested and approved bar materials. 2. Welding: Perform welding, where shown or approved, by direct electric, arc process in accordance with AWS D1.4 using specified low -hydrogen electrodes. Preheat 6" each site of joint. Protect joints from drafts during the cooling process; accelerated cooling is prohibited. Do not tack weld bars. Clean metal surfaces to be welded of all loose scale and foreign material. Clean welds each time electrode is changed and chip burned edges before placing welds. When wire brushed, the completed welds must exhibit uniform section, smooth welded metal, feather edges without undercuts or overlays, freedom from porosity and clinkers, and good fusion and penetration into the base metal. Cut out welds or parts of welds found defective with chisel and replace with proper welding. Employ only experienced certified welding operators. Pre -qualification of welds shall be in accordance with Code. Reinforcing bars to be welded shall have a maximum 0.75 carbon equivalent. C. Concrete Mixing and Placing: Batch and mix concrete with plant equipment that meets requirements of ASTM C94. If concrete is supplied from a commercial ready -mix concrete manufacturer, conform to ASTM C94 except materials, testing and mix designs shall be as specified herein. Use transit mixers equipped with automatic devices for recording number of revolutions of drum. Do not deliver ready -mixed concrete to casting plant with total amount of mix water in the mix. Withhold 1-1/2 gallons of water per cubic yard, then incorporate in mix before concrete is discharged from a mixer truck undersupervision of the specialist foreman. Cast each unit as a continuous pour and consolidate the concrete with vibration or equivalent. Ensure complete compaction with special attention to produce dense exposed surfaces. D. Slump: Adjust the quantity of water so concrete slump at time of placing does not exceed 3-1/2" when tested according to ASTM C143. Use minimum water necessary for workability. E. Curing Method: Cure precast concrete by water or wet steam method only. Keep units moist until control test cylinders indicate the concrete site 03200-6 11 26 has attained design compressive strength , but 3 days minimum for steam curing and 7 days for water curing. Do not use curing compound of any kind. F. Finish: Off-white color with smooth finish, vibrated to eliminate all air bubbles. (Provide samples with light sound blast, acid etched and honed finish for Architect's selection and approval. 6.4 Quality Control During Manufacture: Conform to the following requirements during fabrication. Maintain production records coordinated to and identifying units by the code identification numbers assigned on Shop Drawings. Contractor shall bear test costs. Tests shall be performed by the manufacturer's quality control organization or independent testing agency, subject to approval. A. Slump: Perform a slump test on each batch or load of concrete according to ASTM C172 and ASTM C143, and report results in production records. B. Compressive Strength Tests: Cast one set of three or more standard test cylinders from each day's placing and each 50 cubic yards, whichever is least. Cast test cylinders in accordance with ASTM C31; 24 hours after casting, store under moist curing conditions at about 700 F until tested. Test two of each set of cylinders in accordance with ASTM C39 at 7-day and 28-day ages. Retain third cylinder of each set for future testing. C. Control Test Cylinders: Cast two standard test cylinders for each day's placing or batch of units cast at the same time. Mold specimens according to ASTM C31, cover specimens properly and protect the outside surfaces of cardboard molds, if used, from contact with water for first 24 hours after moulding. Store test specimens adjacent to and cure by the same method as the precast concrete units the specimens represent. Remove molds from specimens immediately before testing according to STM C39. Do not move precast concrete units until control test cylinders show that concrete has attained design compressive strength. D. Production Record Data: Production records maintained by Contractor shall include all casting dates, slump test results, curing times and methods, control cylinder tests, date of form removal, and all compressive strength test results. E. Plant Inspections: Both the Owner and Architect shall have access to the manufacturer's plant and production records at all times that concrete units are being fabricated for the Work. EXECUTION 7.1 Installation: Conform to approved submittals. Verify side conditions. A. Erection: Employ skilled and experienced workmen for the installations. Handle and erect all units by means that prevent damage and defacing. Set each unit, piece, or panel in position assigned on approved Shop Drawing, carefully plumb and align, and anchor to structural supports. B. Joints: Maintain joints of uniform size and true alignment throughout. Do not exceed 3/4" joint width at any location unless specifically detailed. C. Site Welding: Conform to the requirements specified for unit manufacture. Coat welds with a heavy coat of EPA and AQMD conforming rust inhibiting metal primer. 7.2 Joint Caulking and Sealing: Conform to required primer. Apply backing and sealant as a continuous operation in each joint. Use positive pressure adequate site 03200-7 116 27 to properly fill and seal the joint width. Tool or strike sealant with a light pressure to spread the material against the back-up material and the joint edge surfaces. 7.3 Grouting and Dry packing: Grout and dry pack as shown or required. Produce dry cured grout color matching the precast concrete where grout remains exposed. A. Mixing: Mix grout of one -part portland cement and 2 parts sand by volume with sufficient water to cause it to flow under its own weight for grout, or to bind materials together for dry pack. Mix packaged standard product non -shrink type grout in same manner and according to manufacturer's directions. B. Placing and Curing: Place dry pack by ramming to completely fill voids and provide complete bearing. Set suitable forms or dams and place fluid grout from one side and puddle or chain for complete filling of voids; do not remove forms or dams until grout attains initial set. Finish all exposed surfaces smooth and cure with damp burlap or equivalent at least 3 days. C. Apply water repellent sealer per precast manufacturer's recom- mendations to protect against graffiti. 7.4 Field Quality Control: A. Continuous Inspection: Install, connect, precast concrete units under continuous inspection of an Inspector. B. Defective Units: Prior to installing, inspect each precast concrete unit for cracks, spalls, improper dimensions, and other defects. Minor defects or damage on concealed surfaces may be repaired, subject to prior approval in each case. If acceptable repairs cannot be made, remove the defective units from the site and provide correct conforming units at no extra cost to the Owner. C. Sealant Manufacturer's Supervision: The sealant manufacturer's qualified technical representative shall verify existing conditions at site, inspect joints prior to start of joint caulking and sealing, make written recommendations to Contractor of corrections necessary for proper application and deliver a copy to Architect, instruct installing personnel in the correct use and application of materials, supervise initial installations of each crew, and inspect sealant caulking operations for correct preparation and application on at least weekly visits to the site. END OF SECTION site 03200-8 117 28 03300 CAST -IN -PLACE CONCRETE The requirements of the General Conditions, Supplementary General Conditions, and Division 1 apply to this section. PART 1 GENERAL 1.1 SCOPE A. Furnish and install all concrete work as shown on the drawings and as specified in this section, including but not necessarily limited to the following: 1. All plain and reinforced concrete paving and headers. 2. Concrete footings and foundations for structures. 3. Placement and coordination of anchor bolts, nailing strips, conduit, and inserts with other trades. B. Related work specified elsewhere: 1. Preparation and grading of earth subgrade tinder concrete. 2. Concrete Formwork 3. Concrete Reinforcement 4. Site Concrete Work 5. Air -placed Concrete (shotcrete). 1.2 REQUIREMENTS OF REGULATORY AGENCIES A. Except as modified by the requirements specified herein, and/or the details on the drawings, all work included in this section shall conform to the applicable provisions of the following codes and standards: 1. International Conference of Building Officials (ICBO): Uniform Building Code, 1988 edition, Chapter 26, Concrete'. 2. American Concrete Institute (ACT): Building Code Requirements for Reinforced Concrete, ACT 3 18-77. 3. American Society for Testing and Materials (ASTM): The specifications and standards hereinafter referred to, latest edition. 1.3 TESTS AND INSPECTIONS A. A testing laboratory approved by the City shall design mixes for each type and class of concrete if deemed necessary, except Arbitrary Mix. B. Design mixes shall be submitted to City for approval. C. Contractor shall pay testing laboratory. D. Contractor shall pay for Batch Plant inspection for mix design only. E. Where required by City, Contractor shall submit samples of color admixture concrete (2 samples each of all colors shown on plans) to the City for approval a minimum of 3 working days prior to concrete placement. Manufacturer's paper color chips will not be accepted as samples. 1.4 SUBMITTALS A. Furnish documentation that all final floor finishes meet the minimum static coefficient of friction of 0.6 - ASTM C1028. 2 PART 2 PRODUCTS 2.1 MATERIALS site Division 3 — 03300 113 29 A. Portland Cement: ASTM Standard Specifications for Portland cement C- 150, Type I or Type II. Use only one brand of cement on the project. Temperature of cement shall not be over 140OF when delivered to the batching plant. B. Concrete Aggregates: ASTM Standard Specifications for Concrete Aggregates, C-33 for standard weight concrete. Exposed aggregate materials shall be 1/4% 112' diameter "Q' rock. C. Water for mixing concrete and grout shall be taken from an approved domestic source and shall be free of all impurities detrimental to - concrete. D. Admixture may be used in all concrete at Contractor's option. Admixtures shall be approved by the Landscape Architect and used in strict conformity with manufacturer's specifications. E. Reinforcement steel per Reinforcement Steel Section. F. Curing Compounds: Burke Spartan -Cote G. Coloring Compound (where required): Admixture type as called out on the drawings. Color uniformity throughout the project shall be guaranteed by contractor and product manufacturer. 2.2 CONCRETE STRENGTHS AND PROPORTIONS A. Required strength of concrete shall be as shown on the structural drawings. B. Concrete mixes shall comply with the arbitrary mix shown in the following table: Mm. 28 Day Aggregate size Max. Water- Cement Min Sacks Cement per Yd. Maximum Strength Ratio Slump 4,000 lbs. 1-1/2" 7.5 gal/sack 5.3 4" C. C.Shotcrete mixes shall comply with the arbitrary mix shown in the following table: Mm. 28 Day Aggregate size Max. Water- Cement Min Sacks Cement per Yd. Maximum Strength Ratio Slump 4,000 lbs. 3/8" 6 gal/sack 7 0" 3 PART 3 EXECUTION 3.1 CONSTRUCTION OF FORMS A. Forms shall be substantial, plumb, level, square, true -to -line, watertight, and accurate to the dimensions required. B. Concrete surfaces, where left exposed, shall be formed on all sides with plywood with taped joints to give a smooth, uniform straight finish. C. Details of Construction: 1. Reinforcement steel shall be securely tied in place. Do not use bars with kinks or bends not shown on drawings. Reinforcing steel shall be clean, free from rust, oil, scale, or any foreign material. Place all reinforcing as detailed and comply with typical detail for bends, splices, clearance, etc., and with requirements of the Uniform Building Code. 2. Location of construction joints shall be as shown on the drawings and approved by the Landscape Architect. Do not allow form stakes to penetrate concrete footings. site Division 3 — 03300 1 1 9 30 3. Openings for mechanical and electrical: Provide for and verify all openings in the concrete with the trade involved. Install all sleeves as may be required. 3.2 MIXING, PLACING AND FINISHING A. Mixing of concrete shall be by transit -mixers only. Quantities of materials shall be recorded by an authorized weighmaster. Mix concrete for 10 minutes minimum with a peripheral drum speed of approximately 200 feet per minute. At least 3 minutes the mixing period shall be at the job site. Discharge loads in less than 1-1/2 hours after water is first added. B. Placing of Concrete: Avoid segregation, do tamping and vibrating in such a manner as to produce a dense, smooth job free from rock pockets and voids. Do not place concrete when the temperature is below 40T. Tremies or other devices shall be used to limit the free fall of concrete to a maximum height of 6 feet. C. Colored Concrete: Where required, incorporate color admixture in strict accordance with manufacturers specifications. D. Finishing (unless otherwise noted) shall be as follows: 1. Flat work, exterior: as shown on the drawings. 2. Wall faces, exterior: as shown on the drawings. E. Variance in concrete slab surface shall be no more than 1/16 in 10'. 3.3 CURING COMPOUND AND REMOVAL OF FORMS A. Curing shall be done in such a manner as to produce a complete hydration of the concrete. The responsibility of proper curing will lie with the Contractor. Improperly cured concrete shall be removed and replaced at the expense of the Contractor. B. Curing may be accomplished by keeping concrete continuously wet by flooding, by covering the concrete with °Visqueen" for 10 days, or by use of curing compound. C. Exterior walks, curbs, gutters, and other exterior concrete work may be cured by the use of an approved curing compound applied in strict compliance with manufacturer's specifications. D. Removal of forms: Do not remove forms until the concrete has attained adequate strength to prevent damage. Take extreme care in stripping to avoid breaking off comers, marking concrete, or defacing the finish surface in any way. 3.4 CLEANING AND PATCHING A. After stripping forms, clean all exposed concrete surfaces and all adjoining work stained by leakage of concrete. Remove all fins, buns, and projections by grinding. B. Patch all voids, rock pockets, holes, cracks, etc., by chipping loose concrete and exposing clean sound aggregate. City will inspect all patching preparation prior to dry packing for approval. C. After inspection, dampen prepared recesses for 2 hours minimum and fill with drypack to within 1/4" of surface. Keep drypack damp for 2 days minimum. 3.5 DEFECTIVE CONCRETE Should concrete tests indicate that the strengths do not meet those specified, or if concrete has Excessive pockets, or if reinforcing steel is exposed, or if concrete does hot in any way comply with the drawings and specifications, the site Division 3 — 03300 31 defective concrete shall be removed and replaced as directed at the Contractors expense. 3.6 CONCRETE WALKS AND PAVING A. Concrete Sidewalks and Walks: 1. Form work shall be approved by a representative of the City a minimum of 24 hours prior to scheduled pouring. 2. Concrete paving shall conform to the general provisions of this section and to the appropriate standard drawings. Unless otherwise specified, all sidewalks shall be 4" thick. 3. In the construction of sidewalks, the concrete shall be tamped sufficiently to bring the fines to the surface after which it shall be finished to the required grade with wooden floats, and finished as detailed on the drawings. 4. When a straight edge 10' long is laid on the surface of the sidewalk, the surface shall not vary more than 1/16" from the edge of the straightedge, except at grade changes or curves. 5. Unless otherwise provided, the transverse slope of the surface of sidewalks shall be 1/4" per foot, calculated from the top of the curb to the back of the sidewalk. 6. The Contractor shall repair and clean, at his own expense, all concrete damaged or discolored during construction. Where any walk required repair before acceptance, repair shall be made by removing and replacing the entire walk between joints and not by refinishing the damaged portions. B. Defective Concrete Paving: 1. Any concrete paving that is not formed as indicated, or has been damaged or discolored, or has voids or rock pockets, or does not fully conform to these specifications will be deemed defective. Such work shall be removed as directed by the City from the job site and replaced with concrete complying -with the drawings and specifications. 2. Any concrete paving that shows evidence of cracking prior to completion of the project or during the 60-day maintenance period shall be replaced by the contractor at no cost to the City. Such replacement shall include the entire panel of concrete in which the cracking occurs, up to the nearest expansion or control joints. 3.7 CLEANUP During construction, keep the area as clean and clear as possible. Do not dispose of waste materials on the site, in pits, or otherwise. Upon completion of this work, remove all debris and excess materials, tools, etc., resulting from this work from the job site, leaving location of this work rake -clean. Prior to the completion of the construction, wash down all concrete paving and acid wash all paving showing stains or discoloration. END OF SECTION site Division 3 — U3300 ~ 32 03361 AIR PLACED CONCRETE (SHOTCRETE) 1 1. PART 1 DESCRIPTION The requirements of Division 0 and Division 1 apply to this section also. 1.1 DESCRIPTION Work included: 1. Setting ground wires and checking reinforcing steel. 2. Removal of rebound. 3. Rodding and finishing of shotcrete surfaces. 4. Curing, protection, cleaning and patching of shotcrete surfaces. 5. Control and cold joints. 6. Any work incidental or reasonably necessary for proper completion of this work. 7. Related Work Specified Elsewhere. 8. Demolition and preparation of surfaces. 9. Fabrication, furnishing and placement of reinforcing steel. (Green Book) 10. Separately applied finish materials attached or bonded to the surfaces of this work. 11. Placing flashing in and encapsulating reinforcement, anchors, bolts, frames, inserts and miscellaneous hardware. 12. Construction and removal of forms and shoring for shotcrete. Definitions: 1. Shotcrete: Any air -placed, wet- or dry -mix concrete or mortar. 2. Dry -mix (Gunite): A dry, homogeneous mixture of Portland cement and sand mixed at the jobsite and conveyed by air through a flexible tube to a nozzle where it is hydrated and then propelled by air pressure to its final placement position. 3. Wet -mix: A homogeneous mixture of Portland cement, aggregates and water furnished as ready -mix and pumped in a plastic state to a nozzle where it is propelled by air pressure to its final placement position. 1.2 QUALITY ASSURANCE A. Codes: 1. Uniform Building Code (UBC), 1997 Edition, published by International Conference of Building Officials. B. Standards: 1. American Society of Testing and Materials (ASTM): (a) ASTM C 33-86 Concrete Aggregates (b) ASTM C 39-86 Compressive Strength of Cylindrical Concrete Specimens site Division 3 — 03300 ti 33 (c) ASTM C 42-84s Obtaining and Testing Drilled Cores and Sawed Beams of Concrete (d) ASTM C 150-86 Portland Cement C. Sampling and Testing: 1. At least three (3) cores of each mix of shotcrete used in each days' placement shall be taken for each 100 cubic yards, or fraction thereof, placed, not sooner than four (4) days after it is placed. Prepare and test specimens in accordance with ASTM C 39 and ASTM C 42. Location of samples will be designated by Engineer. Size shall be 6 inch in diameter and as follows: (a) Shotcrete applied over forms: Full thickness or 12 inches, whichever is less. 2. Test cores that contain shotcrete-masonry or shotcrete-concrete bond interfaces for both shear and compression. Test for shear first, then test remaining shotcrete portion for compression. Core specimens that contain shotcrete only shall be tested for compressive strength only. (a) Cores that originally contained shotcrete only and that are not long enough to provide an h /d ratio of at least I to I shall be dressed to a cube for testing. (b) Test one (1) specimen of each set at 7 days. Objective minimum strengths shall be: Shear - 60 PSI; Compression 1800 PSI. (c) Test two (2) specimens of each set at 28 days. Objective minimum strengths shall be (average):.Shear - 100 PSI; Compression - 4000 PSI. 3. Inspections: (a) All placement shall be continuously inspected Landscape Architect qualified for shotcrete inspections and accepted by Structural Engineer. He shall also inspect all preparations for this work, placement of reinforcement and finishing and curing. (b) All equipment is subject to inspection and approval by Landscape Architect. (c) Mix Design: Laboratory mix design for wet -mix shotcrete is required. 1.3 ENVIRONMENTAL CONDITIONS No shotcrete shall be placed if there is a possibility of the ambient temperature falling below 32°F (0°C) or rising above 100°F (3 8°C) in the succeeding 24-hour period. 1.4 WORKMANSHIP A. Shotcrete Applicator: Shall be a member of the Gunite Contractor's Association, acceptable to the Landscape Architect and have a minimum of five (5) years continuous recent experience in structural quality shotcrete work. B. Only experienced foremen, gunmen and nozzlemen shall be employed on the job. Satisfactory written evidence of such experience shall be supplied to the Landscape Architect when requested. Experienced workmen shall be used for all curing of shotcrete. C. Tolerances: PC concrete transition and embankment pavement-1/8". All shotcrete will be subject to template inspection during construction site Division 3 — 03300 1 23 34 operations. Testing with a curved template shaped to the radius of the transition or other approved device for compliance with specified surface tolerances will be made by the Engineer at selected locations. The variation of the surface from the testing edge of the template between any two contacts with the surface shall at no point exceed 1/8".Humps or depressions exceeding the specified tolerance shall be corrected in an acceptable manner, which may include complete removal and re - pour of unapproved sections. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. Deliver manufactured materials in original, unopened packages, containers or bundles with manufacturer's labels intact and legible. B. Store all materials off the ground and protected from moisture and weather incursion. 1.6 SUBMITTALS At the beginning of shotcrete work, Contractor shall prepare a sample panel for review and approval of each type of finish by the Landscape Architect. This sample panel shall be maintained at the site for the duration of work. All finishes applied to the skate park shall match the appropriate approved panel. In lieu of site sample for shotcrete work, contractor may provide Landscape Architect with local address of completed project containing like shotcrete work for inspection. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Shotcrete 1. Portland Cement: Conform to ASTM C 150, Type II, low alkali. 2. Aggregate: Hard, sharp, natural, clean sand, free of organic matter, containing not more than 1% deleterious matter and .conforming to ASTM C 33, graded as follows: Sieve Size Dry -mix (Gunite) Wet -mix Percent Passing Percent Passina 1/2 inch --------------------- 100 3/8 inch 100 90 #4 95-100 95-100 #8 65-90 65-90 #16 45-75 45-75 #30 30-50 30-50 #50 10-22 10-22 #100 2-8 2-8 3. Water: From a domestic source and free from harmful amounts of acids, alkalis, organic or other deleterious material and with 110 pronounced odor or taste. 4. Proportions: 1a) Dry -mix (Gunite): Portland Cement 1 part Aggregate 4 parts Water sufficient for hydration 1 4 site Division 3 — 03300 35 {b) Wet -mix: Wet -mix shotcrete shall be supplied as ready - mix conforming to the Laboratory mix design. Refer to Section 03300 "Cast -in Place Concrete B. Ground Wires: Of a material and thickness suitable for intended use. 2.2 EQUIPMENT A. Air compressors shall be reliable, in good repair and capable of delivering the air pressure at the volume needed to produce the quality of shotcrete specified. B. Dry -mix (Gunite): 1. Nozzles shall be no more than 1-5/8 inches in diameter. 2. Cement gull, nozzle, tubing, et cetera, shall be in good repair, with tight joints. 3. The air compressor shall be capable of continuously supplying at least 365 cubic feet of air per minute at: 45 PSI is measured at the gun nozzle. Air pressure shall be increased at the rate of 5 PSI for every 50 feet of hose used in excess of 100 feet and for every 10 feet the nozzle is above the compressor. 4. Water pressure shall be kept at least 15 PSI above the air pressure at all times. 5. The cement gun shall have an operating air pressure gauge prior to tile start of operations and maintained during the work. 6. The hose length shall not exceed 300 feet. C. C. Wet -mix: 1. Pumps shall be either rotating roller squeeze pumps or positive displacement piston type in good repair and of adequate capacity. 2. Nozzle, hose, etcetera shall be in good repair and of a suitable length. All joints shall be tight. 3. Nozzle shall be no more than 1-5/8 inches in diameter and be equipped with an air ring. D. An air lance handled by an experienced nozzteman shall be used at all times shooting is in progress to keep the area receiving shotcrete free of sand, water, and other loose material. 3 Part 3 EXECUTION 3.1 PREPARATION A. High -tensile ground wires shall be placed to accurately define the required finish surface planes as shown on the drawings. Wires shall be kept tight at all times while in use. B. Verify that all anchors, reinforcement, conduit and other embedded hardware is properly and securely in place to preclude any shifting or injury caused by the placement operations. . C. Genera! preparation shall have been done in the course of work of Section 300-1 "Clearing & Grubbing". Contractor shall inspect surfaces and verify they are ready to receive shotcrete. Report all deficiencies to the Landscape Architect. D. All surfaces, forms and chases to receive shotcrete shall be thoroughly cleaned of dust and loose material with compressed air and water to provide clean, sound bonding surfaces. Concrete surfaces that. have been bush hammered shall be sandblasted to remove compressed dust. Concrete or masonry surfaces in areas where drenching with water does �r site Division 3 — 03300 `� J 36 no damage, shall be wet thoroughly. At the time of placement, the concrete and masonry surfaces shall be damp, but not so wet as to overcome suction. However, sufficient water shall be used to prevent excessive absorption of water from the shotcrete. Free water on the surface is not permitted while shotcrete is placed. E. Reinforcement shall be free of loose scale, rust, all oil, spatters of previously placed shotcrete and all other coatings that may interfere with bonding. 3.2 MIXING A. Gunite: By concrete gun at time of placement. Hydration shall be thorough and uniform, without excess water. B. Wet -mix: Batching shall be done at an approved ready -mix plant and mixed by the truck prior to delivery to the job site. Material shall be in place within 90 minutes after the first water is added. 3.3 PLACEMENT A. Whenever possible, except when enclosing reinforcing steel, the nozzle shall be held at right angles to the shotcrete surface at a distance of 2- 1/2 to 3-1/2 feet. When enclosing steel, the nozzle shall be held so as to direct the material around the bars. A nozzleman's helper equipped with an air jet shall attend the nozzlemen and blow out all rebound, sand and loose material which may have lodged on forms, steel or gunite. Shotcrete material shall emerge from the nozzle in a steady, uninterrupted flow. If the flow becomes intermittent for any cause, the nozzle shall be diverted from the work until the flow again becomes constant. All material deposited from the time the flow becomes erratic until the nozzle is diverted shall be cut out and replaced. B. When applying shotcrete to beams, the nozzle shall be held at right angles to the surface. C. When forming slabs, the nozzle shall be held at a slight angle to the work so that rebound is blown onto the completed work where it can be removed by the helper. The area of placement shall be kept free of all rebound and loose material by the helper. Where possible, slabs shall be completed in one operation. D. The first layer of shotcrete shall completely encapsulate the reinforcing steel. Thick sections shall be placed in more than one layer. E. Sufficient time shall be allowed between each layer of material placed to allow the previous layer to set. Laitance shall be removed by brushing before the material sets. All laitance that has set shall be removed by sandblasting prior to placing new layers. F. Surfaces shall be kept damp at all times until curing starts. G. Construction Joints: Joints shall be clean and thoroughly wetted prior to placing shotcrete. All joints shall taper to a thin edge. H. Where shotcrete is used to fill openings, the first layer shall be placed to fill the openings to nominal wall thickness. The balance shall be placed after initial shrinkage of the first layer has occurred. END OF SECTION site Division 3 — 03300 37 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual work completed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Two Hundred Forty One Thousand Four Hundred Forty Seven Dollars ($241,447) except as specified in Section 1.6 - Additional Services of the Agreement. 38 L. ,697 267 273 N. He— A-' UpWA CA 917a 6 s pi — 909-949-1(4)1 r.. 90-981-9366 California Landscape and Design EXHIBIT B Fee Schedule PHASE I - CONCEPTUAL DESIGN FEE: $4755 PHASE II — DESIGN DEVELOPMENT FEE: $285 PHASE III - CONSTRUCTION DOCUMENTS FEE: $5010 SK�Pai1G'i PHASE IV CONTRACT ADMINISTRATION AND CONSTRUCTION FEE: $231,397 TOTAL FEE: $241,447 PAYMENT SCHEDULE: Progress payment requests will be made in the following manner: Payment requests for design services will be made monthly based on percentage of work completed. Payment requests for construction services will be made at milestones in the construction at the following: 1. Completion of Demolition-$41,543 2. Completion of Grading-$52,166 3. Completion of Shotcrete Paving-$60,920 4. Completion of Flatwork Paving - $22,208 5. Completion of Ramp Installation - $31,420 6. Completion of Final walk through (10% retention)-$23,140 The following shall not be considered part of the above fee and will be charged for as noted: 1. Revision(s) to any previously approved drawings shall be charged for at the rate $100.00 per hour. 2. Requested site visits in excess of those previously mentioned shall be charged for at the rate of $100.00 per hour. 3. Expenses including, but not limited to, printing, plotting, deliveries, etc. will be charged for at our cost. 3/4/2004 LaQuinta Fee Sched.doc 1 39 Exhibit C Schedule of Performance Consultant shall complete all services on or before August 31, 2004. 40 . . � � ■ I . ■ ■� . I . . . . , I ■ � � . . ■ � e _ CL � co c - ! � t . «. . . ! __. / /�_ �■ !!!■!�!■-l-�l�!!�!!&�� . ■■§a �|�§§§§$§§■■ ■§�8��§§ � �! �■#ff##f�#f■#f�:###■��& ° !� �• � " ''� ( \ ) . is . . Hill� ■ ■ ■■ ■■ ■■m■ mm_ \ . 41 ! �V,�a ■ �13 �1 T--- -^- - N I R� N N LL IL F ; Y P ~ p � , N N�LL N N LL to f LL F N N LL � 3 X3 � N co LL S f P � aD N LL h f 3 Y F P N 3 a r- a to 43 � - Exhibit D Special Requirements None. 44 M OF T134 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 16, 2004 BUSINESS SESSION: ITEM TITLE: Approval of the Project Specifications and Bid Documents and Authorization to Advertise CONSENT CALENDAR: for Bid the Traffic Signal LED Lamp Retrofit, Project STUDY SESSION: No. 2004-02 PUBLIC HEARING: RECOMMENDATION: Approve the project specifications and bid documents and authorize staff to advertise for bid the Traffic Signal Light Emitting Diodes (LED) Lamp Retrofit, Project No. 2004-02. FISCAL IMPLICATIONS: This project is included within the Public Works Department Operational Budget for Fiscal Year 2003/2004. Revenue in the amount of $150,000 (Account Number 101-7004-431.43-86) is available for this work. CHARTER CITY IMPLICATIONS: Since funding for this project is entirely by local funds, there will be no requirement to pay prevailing wages on this project. BACKGROUND AND OVERVIEW: The proposed project will retrofit 26 traffic signals within the City which includes all signals that do not currently have LEDs, but excludes those on Highway 111 (Attachment 1). The project will consist of removing existing incandescent traffic signal lamps (red, yellow, and green) and pedestrian modules, and replacing them with LED's. The proposed improvements will serve to lower the cost of electricity for operating these traffic signals. 1 v \\CLQADMFSI\Shared\CityMgr\STAFF REPORTS ONLY\3-16-04\C 8 LED.doc The project specifications and bid documents for the Traffic Signal LED Lamp Retrofit, Project No. 2004-02 are now complete and are available for review within the City's Public Works Department. Contingent upon City Council approval and authorization to advertise for bid on March 16, 2004, the following represents the project schedule: City Council Authorization to Advertise for Bid March 16, 2004 Project Advertisement March 16 - April 16, 2004 Construction (45 days) May - June 2004 Accept Improvements July 2004 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the project specifications and bid documents and authorization to advertise for bid the Traffic Signal LED Lamp Retrofit, Project No. 2004-02; or 2. Do not approve the project specifications and bid documents and do not authorize staff to advertise for bid the Traffic Signal LED Lamp Retrofit, Project No. 2004-02; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R nas , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Map of City Traffic Signals 2 1%-]5 S:\CityMgr\STAFF REPORTS ONLY\C 8 LED.doc 11MIT Immill! 111MIll IMUmpol1 c&ty�, 4 ZP 12u&rru COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Approval of the Project Specifications and Bid Documents and Authorization to Advertise for Bid the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the project specifications and bid documents and authorization to advertise for bid the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03. FISCAL IMPLICATIONS: This project is included within the Public Works Department Operational Budget for Fiscal Year 2003/2004. Funding in the amount of $875,000 (Account Number 101 7003-431.31-07) is available for this work. CHARTER CITY IMPLICATIONS: This project is funded entirely with local funds; therefore there will be no requirement to pay prevailing wages in the contract. BACKGROUND AND OVERVIEW: On August 19, 2003, the City Council appropriated $205,206 from Gas Tax Funds, Account Number 201-000-300-290, and directed staff to implement the 2003/2004 Annual Pavement Preservation and Maintenance Program (PMP) — Scenario Number 2, maintaining an average Pavement Condition Index (PCI) rating of 80 or better. The PMP is a citywide survey that includes visual inspections of each City maintained street. A street inventory has been created, which includes: street widths, lane widths, number of lanes, function classification, date and type of construction, as well as last known surface treatment. S:\CityMgr\STAFF REPORTS ONLY\C 9 Slurry.doc The project specifications and bid documents for the City's Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03 are now complete and are available for review at the Public Works/Engineering Department. Contingent upon City Council approval and authorization to advertise for bid on March 16, 2004, the following represents the project schedule: City Council Authorization to Advertise for Bid March 16, 2004 Project Advertisement March 22 — April 22, 2004 Construction (45 days) May - June 2004 Accept Improvements July 2004 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the project specifications and bid documents and authorization to advertise for bid the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03; or 2. Do not approve the project specifications and bid documents and do not authorize staff to advertise for bid the Fiscal Year 2003/2004 Slurry Seal and Restriping Program, Project No. 2004-03; or 3. Provide staff with alternative direction. Respectfully submitted, dub�lic mothy . Hass , P. E. W or J rDirector/City Engineer Approved for submission by: �k& t� 6Jhomas P. Genovese, City Manager Attachment: 1. Project Locations and Limits Spreadsheet �Q S:\CityMgr\STAFF REPORTS ONLY\C 9 Slurry.doc 2 0-0V ATTACHMENT 1 CITY OF LA QUINTA FY 2003-2004 Slurry Seal and Restriping Program PROJECT LOCATIONS AND LIMITS Street Name From To Square Feet Adams Street Avenue 48 n/s Avenue 47 n/s 151,335 Adams Street Avenue 47 n/s Highway111 s/s 34,810 Adams Street Highway 111 n/s Westward Ho Drive s/s 102,600 Adams Street Miles Ave. n/s La Palma Drive s/s 98,475 Adams Street La Palma Drive s/s Fred Waring Drive s/s 48,300 Adams Street Fred Waring Drive n/s Darby Road s/s 57,720 Avenida Carranza Calle Nogales n/s Calle Sonora s/s 40,960 Avenida Carranza Calle Sonora n/s Calle Durango s/s 18,240 Avenida Diaz Calle Colima n/s Calle Nogales s/s 63,360 Avenida Diaz Calle Sonora n/s Calle Durango s/s 18,400 Avenida Herrer, Calle Sonora n/s Calle Durango s/s -17,760 Avenida La Fon Ja EB Calle Tamazula e/s Calle Rondo w/s 31,375 Avenida La Fon Ja WB Calle Tamazula e/s Calle Rondo w/s 31,750 Avenida La To es Calle Rondo w/s Calle Quinto e/s 21,280 Avenida Martin z Calle Sonora n/s Calle Durango s/s 17,920 Avenida Mendo a Calle Colima n/s Calle Nogales s/s 63,680 Avenida Mendo a Calle Sonora n/s Calle Durango s/s 18,240 Avenida Naran' Calle Rondo w/s Calle Quinto e/s 16,320 Avenida Navarr Calle No ales n/s Calle Sonora s/s 40,960 Avenida Navarr Calle Sonora n/s Calle Durango s/s 18,400 Avenida Nuestr Calle Rondo Calle Tamazula 40,320 Avenida Obre n Avenida Montezuma n/s Avenida Montezuma res s/s 2,880 Avenida Ramir Calle Sonora n/s Calle Durango s/s 18,400 Avenida Tu'un End Calle Quinto w/s 17,600 Avenida Tu'un Calle Quinto e/s Calle Rondo w/s 19,840 Avenida Ultimo W. End calle Rondo w/s 37,440 Avenida Vallejo Calle Nogales n/s Calle Sonora s/s 40,960 Avenida Vallejo Calle Sonora n/s Calle Durango s/s 18,240 Avenida Velasco Calle Colima n/s Calle Nogales s/s 63,680 Avenida Velasco Calle No ales n/s Calle Sonora s/s 41,280 Avenida Velascb Calle Sinaloa n/s Avenida Montezuma s/s 41,280 Avenue 50 Lago Drive e/s Washington St. w/s 134,310 Avenue 50 Washington Street e/s Park Avenue w/s 181,080 Avenue 50 Jefferson Street e/s shared Madison Street w/s shared 155,700 Avenue 52 Avenida Bermudas e/s Washington St. w/s 1.78,280 Avenue 52 Washington Street w/s 2000' e/o Washington Street 139,070 Avenue 52 2000' e%o Washington Street 5100' e/o Washington Street 182,700 Avenue 52 5100' e/o Washington Street Jefferson Street w/s 167,400 Avenue 52 Jefferson Street e/s Madison Street e/s 130,375 Avnue 53 End Monroe Street w/s 94,800 Avenue 54 W/S Jefferson Ave. End 125,000 Calle Chihuahua Avenida Ramirez e/s Avenida Vallejo w/s 7,040 Calle Durango Avenida Montezuma e/s Eisenhower Drive w/s 110,720 Calle Ensenada Avenida Vallejo e/s Avenida Herrera w/s 7,040 Calle Ensenada Avenida Herrera e/s Avenida Velasco w/s 7,040 Calle Ensenada Avenida Velasco e/s Eisenhower Drive w/s 7,040 Calle Ensenada Eisenhower Drive e/s Avenida Martinez w/s 7,040 Calle Ensenada Avenida Martinez e/s Avenida Mendoza w/s 7,040 Calle Ensenada Avenida Mendoza e/s Avenida Villa w/s 7,040 Calle Ensenada Avenida Obre on e/s Avenida Carranza w/s 7,040 Calle Ensenada Avenida Carranza e/s Avenida Ramirez w/s 7,040 Calle Ensenada Avenida Ramirez e/s Avenida Vallejo w/s 7,040 Calle Guaymas Avenida Tu'un a s/s Avenida Naran'a n/s 20,000 Calle Nogales Avenida Juarez e/s Eisenhower Drive w/s 82,720 Calle Nogales Eisenhower Drive e/s Avenida Bermudas w/s 40,160 Calle Obispo End Calle Tampico n/s 10,880 Calle Paloma Avenida Tu'un a s/s Calle Tampico n/s 31.,360 Calle Paloma Calle Tampico s/s La Fonda n/s 20,000 Calle Paloma La Fonda s/s Avenida Nuestra n/s 18,880 Calle Quinto Avenida Nuestra n/s La Fonda s/s 19,200 Calle Quinto La Fonda n/s Calle Tampico s/s 19,840 Calle Quinto Calle Tampico n/s Avenida Ultimo s/s 41,280 Calle Rondo Calle Tampico s/s Avenida Nuestra n/s 40,800 Calle Rondo Avenida Ultimo s/s Calle Tampico n/s 40,800 Calle Sinaloa Avenida Montezuma e/s Eisenhower Drive w/s 105,920 Calle Sonora Avenida Montezuma e/s Eisenhower Drive w/s 103,680 Calle Tamazuca Avenida Nuestra n/s La Fonda s/s 19,200 Calle Tampico Avenida Bermudas w/s Washington Street w/s 169,200 Calle Tampico Washington Street e/s Park Avenue e/s 96,120 Cameo Dunes lace Cameo Palms n/s CDS 7,079 Camino Amarill 3 Ocotillo Drive w/s CDS 15,639 Camino Del Orb Camino Lavand w/s Ocotillo Drive e/s 9,720 Camino Lavan a CDS CDS 39,757 Camino Rosad i Camino Azul w/s Ocotillo Drive w/s 23,580 Desert Club Dri a Calle Tampico n/s CDS 35,000 Dune Palms R ad Avenue 48 Highway 111 180,200 Dune Palms R ad Westward Ho Drive s/s Desert Stream Drive n/s 73,200 Dune Palms R ad Miles Avenue n/s Fred Waring Drive s/s 156,465 Eisenhower Dri a Coachella Drive n/s Avenida Fernando s/s 46,420 Eisenhower Drive Calle Tampico n/s Avenida Montezuma s/s 46,680 Estelo Court Villeta Drive CDS 8,910 Frances Hack Lane Avenida Bermudas e/s CDS 34,005 Fred Waring D ve Venice Drive w/s Palm Royal w/s 96,750 Golden Sands Cameo Palms Drive CDS 6,939 Jefferson Stree Vista Grande s/s Fiesta Drive n/s 47,430 La Palma Drive Camino Azul w/s Adams Street e/s 6,440 Las Vistas Drivo Sanita Drive s/s Forbes Circle n/s 10,260 Lowe Drive Seeley Drive w/s North Harland Drive w/s 30,240 Miles Avenue Jefferson Ave. w/s Montecello Road w/s 59,670 Miles Avenue Adams Street e/s North Harland e/s 63,640 Monroe Street Avenue 54 s/s shared 1985' n/o Airport Blvd. Shared 64,045 Monroe Street Avenue 53 n/s Avenue 52 s/s 33,280 Ocotillo Drive Fronterra Drive CDS 61,680 Palm Garden P ace Cameo Palms n/s CDS 7,824 Paloma Court Calle Paloma w/s End 9,920 Sand Flower PI ice Cameo Palms n/s CDS 7,824 Seeley Drive Forbes Circle s/s Bradford Circle n/s 20,520 Seeley Drive Bradford Circle Miles Avenue 29,570 Simon Drive Washington Street e/s Highway 111 s/s 63,135 Singing Palms rive Washington Street w/s Cameo Palm Drive w/s 8,000 Singing Palms Orive Cameo Palm Drive CDS 8,299 Washington Str et Avenue 52 s/s Calle Tampico n/s 110,200 ,Washington Str et Frontal Highland Palm n/s Washington Street w/s 30.000 5,256,001 Ito 4 Twyl 4 XP 09mrcu COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Approval of Amended Subdivision Improvement Agreement and Acceptance of Street Improvements Associated with Parcel Map No. 30420, Centre at La Quinta, Stamko Development Company RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: In STUDY SESSION: PUBLIC HEARING: Approve amended Subdivision Improvement Agreement ("SIA") and accept street improvements associated with Parcel Map No. 30420, Centre at La Quinta, Stamko Development Company. FISCAL IMPLICATIONS: Maintenance costs for the street improvements associated with this parcel map were included in the 2003/2004 Operating Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 30420 (Attachment 1) was adopted by Resolution 2002-102 on July 2, 2002. The on site street improvements (formerly a requirement of Parcel Map No. 28525-2) were required to be completed within 12 months of said resolution, unless a time extension is granted pursuant to the terms of the SIA. The developer has completed a significant portion of street improvements for Lot B, La Quinta Drive, and has requested the City Council accept the street improvements (Attachment 2). l i1 S:\CityMgr\STAFF REPORTS ONLY\3-16-04\C 11 Parcel 30420.doc Staff recommends acceptance of the street improvements and the amended SIA (Attachment 3) removing the portion of La Quinta Drive from the original SIA (Attachment 4). As of this writing, no property owner in Tract No. 28525-2 has submitted construction plans for improvements on their property; however, as a condition of this approval, Stamko Development Company is to complete all offsite infrastructure so as to not hinder occupancy of aforementioned property owner(s). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the amended Subdivision Improvement Agreement and accept the street improvements associated with Parcel Map No. 30420, Centre at La Quinta, Stamko Development Company; or 2. Do not approve the amended Subdivision Improvement Agreement and do not accept the street improvements associated with Parcel Map No. 30420, Centre at La Quinta, Stamko Development Company; or 3. Provide staff with alternative direction. Respectfully submitted, o�thyothy R. o asso .E. Public Work irector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map (Lot B) 3. Amended Subdivision Improvement Agreement 4. Original Subdivision Improvement Agreement S:\CityMgr\STAFF REPORTS ONLY\3-16-04\C 11 Parcel 30420.doc 2 ATTACHMENT 1 '1S NOS83JJ3f Ol—I Ol '08 SWltld 3Nn0 L co 2�0 d1NInO dl z a W 1S SW`dOV E—, oP-4 CO W IS N019NIHSVM 0 a 0 Ln W z W 0 *80 213MOHN3SI3 W J Q P 3 JiJ3 ATTACHMENT 2 f .. f a b a • a�a ! rr� p RS � � g �ti � a! � � 1 •Z r R �� ; !� !ell 134 I 1k iiih 1 h, Ili I . I WHIM tr�WIN I mmkohb. I ale 0 w � W (Z� z ly ui V) U�l `bit0, -j < a. 3t 01D: lw= cj LU tat it ;pt Jww JUNAWIM^' 3hu N3,? ou n!� V.:ZU7— I kit-- -------- ...... .... .................... qv . . .. . ATTACHMENT 3 .e• Crry of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT .Parcel Map 30420 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this I I- day of I,,— by and between Stamko Development Co., a Limited Partnership orgarNzed under the laws of the State of Califomia, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 30420 (the'Tmct") pursuant to the provisions of Section 66410, et sec. of the Califomia Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Irrigrovement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall fumish original improvement plans meeting the requirements of the City Engineer. 2. Imor+ovemetk. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Imi2rovement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdividers fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the Califomia Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T.%FWDEPT1D"0AgreemeMsZLo 3W20 siavpd Page 1 Of 1 7 41 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurers office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written •demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdividers expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.8., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. T.VMDEPr0ev MftreemwftVS1A%3M20 sia.wpd Pape 2 0r e 8 143 E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security fumished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the constriction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:VWVDEPr0eWmftrewwft%SK%W420 siaxpd Page 3 of 6 9 14.9 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall fumish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. g. SI.rv_oy Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument be -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions_ of Approval, and any required constriction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. - When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As-Buift," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials fumished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. T:%PWDEPT1D8WhA pMMWft'S1A "20 sia.wpd Pays 4 of 6 10 150 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Nbdifica . n of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. aMM3b I tv. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth, herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of Califomia. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. Pace s Of e T %PWDEPTMevd OA9reeme&BM3"20 siampd _ 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta ATTEST: SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: 3g- CKEngineer Approved as to Form: 96ty-Aftcey 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 L Date Stamko Development Co. 2205 N. Poinsettia Ave. Manhattan Beach, CA 90266 310/546-3479 Dat �14Va� Dat 7 2 Date Date T:IPWDEPToeWiMgreements%SiA13U20 sia.wpd Pape 6 0f 6 12 �;? Exhibit A SECURITY -PARCEL MAP 30420 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and -in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading, On Site 368,950 368,950 Streets, On Site (Inc. Sidewalks) 251,057 251,057 Drainage Improvements, including Landscaped 417,500 Retention Basin 417,500 Domestic Water, On Site 375,000 375,000 Sanitary Sewer, On Site 170,300 170,300 Underground Electric, On Site 150,000 150,00 S.R. 111 Improvements 240,129 240,129 Perimeter Landscaping, 50ft. Set -back 320,250 320,250 Domestic Water within Public Right of Way 110,025 110,025 Sanitary Sewer within Public Right of Way 99,525 99,525 Landscaped Median Island 63,990 63,990 Monumentation 7.000 0 Construction Subtotal: $2,573,726 $2,566,726 Professional Fees, Design 165,200 Professional Fees, Construction 257,373 No -Plans Contingency (35% of Project) 1,048,705 Total Bond Amount: $4,045,004 T.TWDEPT0evdWA9reemeds%SIA%30420 siampd Page, ore 13 153 Exhibit A Security - Parcel Map 30420 The Improvements identified in this Subdivision Improvement Agreement (SIA) for. Parcel Map 30420 include certain improvements formerly required by the SIA for Parcel Map 28525-2, dated July 28, 1999. The SIA for Parcel Map 28525 2 has been voided by City Council action and the improvements formerly required of that SIA are now a part of this Agreement with the stipulation they will be completed by January 1, 2003, unless a time extension is authorized by the City as provided elsewhere in this agreement. Remainder of this page is intentionally left blank T%PwDEPrDevdiJWgreemeFft%SLA%W420 sia-*'N page 2 of 2 14 1%-5, 4 d%A1 IrnOUTA ALL.PUIRPASE ACKNOWLEDGMENT State of California ss. County of Zi Vefstc�. On �I �f �2 , before me, HY Jot UL� 0r� Date ee fiend Title of officer (e.g., 'Jane Doe, Notary Publin personally appeared �riSfi f e � Name(s) !LeE G ANGELA E. CtORF� Commission # 1310471 Z Notary Public - California y Riverside County W Comm. Epirm Jun 24, 2005 Place Notary Seal Above A personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT ESS my hand and official seal. W� 4& e &e Signature of NWW Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document *01 nt Title or Type of Documment:Document Date: CZ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) ClairrWd,by Signer Signer's Name: 1t t--.5nrI X r L_ltui►-. e ❑ Individual � /% _ Top of thumb here 14 Corporate Officer — Tftle(s): -ps, det ' � `� 6-k hrTl' ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 Nations! Notary Asaoafalion • 9W Ds Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313.2402 • www.natiorWriotary.org Prod. No. 5907 Reorder. Cal Toll -Free 1. OD476-6827 1515 15 CITY OF LA QUINTA AMENDED SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 30420 THIS AMENDED SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 , by and between Stamko Development Co., a Limited Partnership organized under the laws of the State of California hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 31248 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 16 + 1of8 �VV B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 17 1� r 2 of 8 warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).= 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if, any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the actor work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, wirenty 3of8 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to bcquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. On Site Street Improvements shown as Lot A on Attachment 2 (Auto Centre Way South), shall be completed in conjunction with occupancy of any and/or all parcels abutting Auto Centre Way South, particularly Parcel 1 of Parcel Map 28526-2. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements refired 1 4of8 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. 20 5Of8 B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 21 6 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Stamko Development Co. 2205 N. Poinsettia Ave. Manhattan Beach, CA 90266 310/546-3479 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date gate Date Date 22 7 of 8 Exhibit A SECURITY — PARCEL MAP NO.30420 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Parcel and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Parcel improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading, On Site 36,895 368,950 Remaining Streets, On Site (Inc. Sidewalks) 150,112 150,112 La Quinta Drive (Lot B) (Warranty, 10%) 0 1,010 Drainage Improvements, including Landscaped Retention Basin 41,750 417,500 Domestic Water, On Site 37,500 375,000 Sanitary Sewer, On Site 170,300 170,300 Underground Electric, On Site 15,000 150,000 S.R. 111 Improvements 24,013 240,129 Bus Stop Shelter (City of La Quinta) 15,000 15,000 Perimeter Landscaping, 50ft. Set -back 32,025 320,250 Domestic Water within Public Right of Way 110,025 110,025 Sanitary Sewer within Public Right of Way 99,525 99,525 Landscaped Median Island 63,990 63,990 Monumentation 7,000 io.) Construction Subtotal: $803,135 Professional Fees, Design (1%) 25,000 Professional Fees, Construction (5% of Project) 125,000 No -Plans Contingency (5% of Project) 125,000 Total Bond Amount: $1,078,135 $2,481,791 23 f 8Of8 ceity/ 4 4v4u&rw COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29121, The Laurels at PGA West, Riviera Villas, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement ("ASIA") for Tract Map No. 29121, The Laurels at PGA West, Riviera Villas, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29121 is generally located on the west side of Madison Street between Dietrich Road and Avenue 54 (Attachment 1). This residential development consists of 17 lots on approximately 3.7 acres (Attachment 2). On March 2, 1999, the City Council approved Tentative Tract Map No. 29121. The developer has requested the City Council's conditional approval of the ASIA (Attachment 3) and Assignment and Assumption Agreement (Attachment 4). To date, the ASIA has been executed by the developer but the associated securities have not. yet been received. It is expected that the associated securities will be in place within the time allowed for its conditional approval (5 days). 164 S-\CitvMnr\STAFF RFPnRTS nNI Y\C 19 Tract 991 91 .dnc As a result, City staff has prepared a Resolution which provides for conditional approval of the Assignment and Assumption Agreement and ASIA. The approval is contingent upon receipt within 5 days (March 23, 2004), of the associated securities. If any of the required items are not received by City staff within the specified time frame, the Assignment and Assumption Agreement and ASIA 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. Approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29121, The Laurels at PGA West, Riviera Villas, LLC; or 2. Do not approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29121, The Laurels at PGA West, Riviera Villas, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, 4othy R. ona n, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Amended Subdivision Improvement Agreement 4. Assignment and Assumption Agreement 2 16i ATTACHMENT 1 1�1 sm lil Ac iql sm - ME SITE rc�►w�sr moo►+ Aa AfWW a VICINITY MAP '�� %il -- 3 166 _�' �rruRutrr�q��t��i�ReEue��rRrr LrrIto IliiliirrrrlilllltlilrriIn Ff!l;RiRlfiBR4flffliRlllf!!!l:!!1 kit pit It t4a4l�ltill till I III EtlyiIts till kaast1E1iiu'r1n'1 ' � ""IIIlH3lllll�lrl�llitlllllflllll �, I �IlUllirlllrlllrrlrrllllrlrlilll F r. r i l' L r +� .a. �!la 1 j ATTACHMENT 2 - 4 167 CrrY OF LA QuWTA ATTACHMENT 3 AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29121 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 , by and between RIVIERA VILLAS, LLC , a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29121 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29121\SIA.DOC 'f C 8 5 Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which Citywill prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. 16 9 TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29121\SIA.DOC 6 Page 2 of 6 E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall complywith all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29121\SIA.DOC 170 7 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29121\SIA.DOC 8 Page 4 of 6 14. City Riaht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECT S\AGREEMENTS\SIA\SIAS IN PROGRESS\29121\SIA.DOC '7 4. 9 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: RIVIERA VILLAS, LLC Local Address 78-371 Highway 111 La Quinta, CA 92253 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Principal Address 300 E. State Street, Suite 100 Redlands, CA 92373 Date Date Date Date TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29121\SIA.DOC 173 10 Page 6 of 6 Exhibit A SECURITY - TRACT 29121 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and maybe granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 21,834 72,780 Grading 11,736 39,120 Monumentation 5,000 0 Totals: $38,570 $111,900 Offsite Participatory Improvements' $47,680 This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $47,680 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. 11 174 ATTACHMENT 4 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29121 This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment') is made and entered into as of the day of , 20_, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), MSG La Quinta Homes, LLC, a California Limited Liability Company, ("Assignor'), and Riviera Villas, LLC, a California Limited Liability Company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated July 14, 1999 ("SIX), pursuant to which Assignor, as the "Subdivider' defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 29121 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desires to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable. consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. 12 F220 1 J 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) A Faithful Performance Bond in the amount of $116,900.00 for the following improvements: Streets/Drainage, Grading, and Monumentation. (b) A Labor and Material Bond in the amount of $111,900.00 for the following improvements: Streets/Drainage and Grading. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount as specified in the Amended Subdivision Improvement Agreement. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Original Subdivider's Improvement Security. 3. Incorporation of SIA Provisions. The Amended SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the Amended SIA in the same manner as Assignor prior to this assignment. f220 -2- 13 1 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20_. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Thomas P. Genovese City Manager ATTEST: June S. Greek City Clerk ASSIGNOR: MSG La Quinta Homes, LLC 21200 Burbank Blvd, Suite 300 Woodland Hills, CA 91367 Title: ASSIGNEE: Riviera Villas, LLC 300 E. State Street, Ste. 100 Redlands, CA 92373 Date Date Title: Date 1 F220 -3- 14 .~ 7 ce4wil aF XPQ9&rw COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29122, The Laurels at PGA West, Riviera Villas, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: la - STUDY SESSION: PUBLIC HEARING: Approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement ("ASIA") for Tract Map No. 29122, The Laurels at PGA West, Riviera Villas, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29122 is generally located on the west side of Madison Street between Dietrich Road and Avenue 54 (Attachment 1). This residential development consists of 9 lots on approximately 1.77 acres (Attachment 2). On October 5, 1999, the City Council approved Tentative Tract Map No. 29122. The developer has requested the City Council's conditional approval of the ASIA (Attachment 3) and Assignment and Assumption Agreement (Attachment 4). To date, the ASIA has been executed by the developer but the associated securities have not yet been received. It is expected that the associated securities will be in place within the time allowed for its conditional approval (5 days). 178 As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Assignment and Assumption Agreement and ASIA. The approval is contingent upon receipt within 5 days (March 23, 2004), of the associated securities. If any of the required items are not received by City staff within the specified time frame, the Assignment and Assumption Agreement and ASIA 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. Approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29122, The Laurels at PGA West, Riviera Villas, LLC; or 2. Do not approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29122, The Laurels at PGA West, Riviera Villas, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy . J na s n, P. E. Public Wo Dire tor/ City Engineer Approved for submission by: l � Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Amended Subdivision Improvement Agreement 4. Assignment and Assumption Agreement 2 1'7 9 \\CLQADMFSI\Shared\CityMgr\STAFF REPORTS ONLY\3-16-04\C 13 Tract 29122.doc ATTAC IV s _ 0 1S 30YNOW �0 4 1 1S ® NOSIGM S d d 13 aU' w Ivos�►3�3r "' 1S ( 1 180 ATTACHM 5E bb b� i _ b• a k .6 sib 1 I i �b� '�-' b if ��b Z� �, < id URA (<j=� LMU � �LL. � W�� s b rjj�i� �e. r kk b K lit bi Cie M i i b < 3$ �b � Afbb lb INN k ui , , _ i:gas ii by 9 bfill if lb be ab O $� b t (3 t U !INO UA Z b Z � � cxbi W h u �. �� b R b� �� b $ R bif I , �� l I I R ! ��Y f � � • � fE � I I W �� ! cx w cm < b < b Z b s ~ b Qz it 81 1P.P, I I lilt b ENT 2 191 rip �7 2 z U 5 CITY OF LA QUINTA ATTACHMENT 3 AMENDED SUBDIVISION IMPROVEMENT AGREEMENT nAcT 29122 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and 20entered into this day of and between RIVIERA VILLAS, LLC , a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as City. RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29122 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A , and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 6 TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29122\SIA.DOC Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, Issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer, The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real. property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. pp TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29122\SIA.DOC Page 2 of 6 E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 1 ?3 TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29122\SIA.DOC 8 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider m default of this" agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials.- 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been] 0 V_ performed within sixty (60) days after written notice of default from City, then City may perform the obligation, an TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29122\SIA.DOC 9 Page 4 of 6 Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. TAPROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\29122\SIA.DOC 10 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: RIVIERA VILLAS, LLC Local Address 78-371 Highway 111 La Quinta, CA 92253 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Principal Address 300 E. State Street, Suite 100 Redlands, CA 92373 Date Date Date Date IS8 T:\PROJECT DEVELOPMENT DIVISION\DEVELOPMENT PROJECTS\AGREEMENTS\SIA\SIAS IN PROGRESS\291 22\SI A. DOC Page 6 of 6 Exhibit A SECURITY - TRACT 29122 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific. Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage $ 10,617 $ 42,468 Monumentation 2,300 0 Totals: $12,917 $42,468 Offsite Participatory Improvements' $37,440 0 This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $37,440 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. 12 ATTACHMENT 4 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29122 This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment') is made and entered into as of the day of , 20_, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), MSG La Quinta Homes, LLC, a California Limited Liability Company, ("Assignor"), and Riviera Villas, LLC, a California Limited Liability Company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated September 3, 1999 ("SIA"), pursuant to which Assignor, as the "Subdivider' defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 29122 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desires to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. 13 1190 F220 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) A Faithful Performance Bond in the amount of $44,768.00 for the following improvements: Streets/Drainage, Grading, and Monumentation. (b) A Labor and Material Bond in the amount of $42,468.00 for the following improvements: Streets/Drainage and Grading. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount as specified in the Amended Subdivision Improvement Agreement. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Original Subdivider's Improvement Security. 3. Incorporation of SIA Provisions. The Amended SIA, therein, unless otherwise modified in writing, is incorporated in Amendment in its entirety and Assignee agrees and warrants th bound by each obligation found in the Amended SIA in the same prior to this assignment. and each provision this Assignment & at it assumes and is manner as Assignor 191 F220 -2- -1 14 IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of 20_. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Thomas P. Genovese City Manager ATTEST: June S. Greek City Clerk ASSIGNOR: MSG La Quinta Homes, LLC 21200 Burbank Blvd, Suite 300 Woodland Hills, CA 91367 Title: ASSIGNEE: Riviera Villas, LLC 300 E. State Street, Ste. 100 Redlands, CA 92373 Date Date Title: Date F220 -3- 15 1 Tit 4 9 &rcu OF 9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 16, 2004 BUSINESS SESSION: ITEM TITLE: Approval of Assignment and Assumption Agreement and Amended Subdivision Improvement CONSENT CALENDAR: 13 Agreement for Tract Map No. 29125, The Laurels at PGA West, Riviera Villas, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement ("ASIA") for Tract Map No. 29125, The Laurels at PGA West, Riviera Villas, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29125 is generally located on the south side of Avenue 54 west of Jefferson Street (Attachment 1). This residential development consists of 10 lots on approximately 2.4 acres (Attachment 2). On June 6, 2001, the City Council approved Tentative Tract Map No. 29125. The developer has requested the City Council's conditional approval of the Amended Subdivision Improvement Agreement (Attachment 3) and Assignment and Assumption Agreement (Attachment 4). To date, the ASIA has been executed by the developer but the associated securities have not yet been received. It is expected that the associated securities will be in place within the time allowed for its conditional approval (5 days). 1`3 S:\CityMgr\STAFF REPORTS ONLY\C 14 Tract 29125.doc As a result, City staff has prepared a Resolution which provides for conditional approval of the Assignment and Assumption Agreement and ASIA. The approval is contingent upon receipt within 5 days (March 23, 2004), of the associated securities. If any of the required items are not received by City staff within the specified time frame, the Assignment and Assumption Agreement and ASIA 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 Approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29125, The Laurels at PGA West, Riviera Villas, LLC; or 2 Do not approve the Assignment and Assumption Agreement and Amended Subdivision Improvement Agreement for Tract Map No. 29125, The Laurels at PGA West, Riviera Villas, LLC; or 3 Provide staff with alternative direction. Respectfully submitted, CjmLothy R. Jon on, P.E. Public WbAs Director/ City Engineer Approved for submission by: t� Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Amended Subdivision Improvement Agreement 4. Assignment and Assumption Agreement ATTACHMENT 1 sue. AW. 5JRD. AWE 57H PGA vw SITE IAOPLW AW: VICINITY MAP N.T.S. 3 19) ilk t�[ < IT i bb ATTACHMENT 2 b 4 196 s€ ° • � �zN a ` it' k I Is •i i 11 k .o c Islas �au 4 s 197 CrrY of LA QUIWA ATTACHMENT 3 AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29125 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2004, by and between Riviera Villas, LLC , a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29125 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Securitv. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as payment security, shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the Califomia Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 6 1 P�e$ of 6 T:\\29125\sia 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4). Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. 199 7 Page 2 of 6 T:\\29125\sia E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non- payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider. of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. �n0 8 Page 3 of 6 T:\\29125\sia 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and When it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the, extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual ary revisions have been made, each separate sheet of the plans shall be Improvements constructed. When necess clearly marked with the words As -Built, As -Constructed, or Record Drawing, the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to Cityfor a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and r J 9 Page 4 of 6 T:\\29125\sia Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance si herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. �Ur) 0 Page 5 of 6 T:\\29125\sia IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: RIVIERA VILLAS, LLC Local Address 78-371 Highway 111 La Quinta, CA 92253 By: Title: By: Title: Reviewed and Approved: City Engineer .Approved as to Form: City Attorney 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Date Principal Address 300 E. State Street, Suite 100 Redlands, CA 92373 Date Date Date Date T:\\29125\sia 11 page 6 of 6 Exhibit A Security - Tract 29125 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. I_m_provement Description Performance Labor & Materials Streets Improvements 48,778 48,778 Grading 43,950 43,950 _ Site Perimeter Wall' 32,000 32,000 Domestic Water 66,700 66,700 Sanitation Sewer 14,260 14,260 Monumentation 5.000 0 Construction Subtotal: $210,688 $205,688 Contingency (25% of Project) 59,952 TOTAL: 270,640 Offsite Participatory Improvements 2 $29,120 0 This improvement item shall be constructed/installed within six (6) months after recordation of the Tract Map. This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. 12 ATTACHMENT 4 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT 29125 This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the day of , 20_, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), Riviera Villas, LLC, a California Limited Liability Company, ("Assignor"), and Riviera Villas, LLC, a California Limited Liability Company ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated May 24, 2001 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 29125 (`Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desires to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as- set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. 13 F220 •� 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) A Faithful Performance Bond in the amount of $270,640.00 for the following improvements: Street Improvements, Grading, Site Wall, Domestic Water, Sanitation Sewer, and Monumentation plus 25% Contingency. (b) A Labor and Material Bond in the amount of $205,688.00 for the following improvements: Street Improvements, Grading, Site Wall, Domestic Water, and Sanitation Sewer. For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount as specified in the Amended Subdivision Improvement Agreement. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Original Subdivider's Improvement Security. 3. Incorporation of SIA Provisions. The Amended SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the Amended SIA in the same manner as Assignor prior to this assignment. 0 , ;+ F220 -2- 14 ,2 : o, IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20_. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Thomas P. Genovese City Manager ATTEST: June S. Greek City Clerk ASSIGNOR: Riviera Villas, LLC 1651 East Fourth St., Ste. 228 Santa Ana, CA 92701 Title: ASSIGNEE: Riviera Villas, LLC 300 E. State Street, Ste. 100 Redlands, CA 92373 Date Date Title: Date f22o -3- 15 <. Taf 4 4Qr�tw COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Authorization to File a Grant Application with the Indian Gaming Local Community Benefit Committee for a Law Enforcement Project Related to Mitigation of the Impacts of Gaming on the City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 4 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to file a grant application with the Indian Gaming Local Community Benefit Committee for a law enforcement project related to mitigation of the impacts of gaming on the City of La Quinta. FISCAL IMPLICATIONS: Approval of this request would allow the City to apply for a grant which would provide salary and benefits for an additional motor officer to assist with traffic enforcement. The grant application will request funding for the position, and will most likely be a multi -year grant for five years. The grant request is for $177,250. There is no local match required. If the City is awarded the grant, funds will be disbursed directly to the City by the State Controller. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Senate Bill 621 (Baffin and Burton) amends Section 12012.85 of the Government Code by adding Chapter 7.5 to Part 2, relating to gambling. This bill, approved by the Governor on October 11, 2003, establishes the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. The bill requires each county's Indian Gaming Local Community Benefit Committee ("CBC") to submit to the State Controller a list of approved projects, upon which the Controller will release the funds directly to the chosen local government entities. The City of La Quinta wishes to take advantage of this funding opportunity based on it's proximity to the Augustine Casino. One of the nexus test criteria used to determine eligibility is whether the local government jurisdiction maintains a highway, road, or other thoroughfare that is a predominant access route to a casino that is located within four miles of the jurisdiction. Both Jefferson Street and portions of Monroe Street, two major arterials used as access routes to the Augustine Casino, are maintained by the City of La Quinta, thereby rendering the City eligible for grant funding. Law enforcement is designated by the CBC as the top priority for grant funds. The funding request to the CBC is for $177,250. The requested amount will provide salary and benefits for an additional motor officer to assist with the increased traffic on the City's roadways generated by patrons traveling to and from Augustine Casino. In the event the City is not awarded the full amount of the grant request, the City Manager may, at his discretion, change the scope of the grant request to designate other traffic enforcement programs to which the partially funded grant may be applied. Staff is preparing the grant application, with the assistance of the La Quinta Police Department, for submission by the deadline of March 22, 2004. A copy of the application will be provided to Council upon completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to file a grant application with the Indian Gaming Local Community Benefit Committee for a law enforcement project related to mitigation of the impacts of gaming on the City of La Quinta; or 2. Do not authorize the City Manager to file a grant application with the Indian Gaming Local Community Benefit Committee for a law enforcement project related to mitigation of the impacts of gaming on the City of La Quinta; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Dee ger, Managem ftss�istant Approved for submission by: Thomas P. Genovese, City Manager 2 'i;9 F+ `Z ICU '�cT �ti5 AGENDA CATEGORY: OF BUSINESS SESSION: COUNCIL/RDA MEETING DATE: March 16, 2004 CONSENT CALENDAR: ITEM TITLE: Consideration of Interactive Water Feature STUDY SESSION: For the La Quinta Park PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. Should the City Council approve the concept for the interactive water feature, a funding allocation will be presented at a future City Council meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the March 4, 2003 City Council meeting, the City Council approved issuance of a Request for Proposals (RFP) for an interactive water feature for the La Quinta Park. The location of the interactive water feature at the La Quinta Park is shown on Attachment 1. RFP's were sent to artists registered with the City as part of the Artist Bank, as well as those who requested an RFP in response to the information provided in the Desert Sun, La Quinta Chamber of Commerce Gem, the Riverside Arts Council publication and the A/E Consultants Information Network. At the April 10, 2003 Cultural Arts Commission meeting, the Commission reviewed the only proposal received, "Water Dragon," submitted by Alber De Matteis. Mr. De Matteis has experience working with the City of La Quinta, as he is the artist who designed and installed the art work at Fritz Burns Park, which includes the spray towers, sidewalk mosaics and the gates at the pool house. 210 The Cultural Arts Commission recommended the project for City Council consideration along with the proposed budget. On May 6, 2003, the City Council directed staff to contact the artist for redesign of the artwork to consist of water spraying up from the ground. Mr. De Matteis stated that he was unable to produce such an art piece. Staff then contacted three water feature designers that produce the type of artwork requested by the Council. On August 19, 2003, the City Council reviewed a proposal by Vortex for an interactive water feature, as provided in Attachment 2. The Vortex representative estimated the cost for the proposed project at $60,000 with an additional $25,000 for the filtration system. Funding from the Art in Public Places fund was discussed; however, an allocation was not made at that time. Council directed staff to proceed with the design of an interactive water feature that incorporates a filtration system and regular flow nozzles and authorized a Request for Proposal to be issued for a project designer and construction manager. Staff received two proposals: David Volz Design (DVD) and TKD and Associates. On October 13, 2003, the two design firms were interviewed and the selection committee selected David Volz Design to begin negotiations on this project. On November 4, 2003, the City Council approved a Professional Services Agreement with DVD, who presented a proposed interactive water feature to the Community Services Commission at their January 12 meeting. The Commission considered the proposal and directed staff to work with the designer to reduce the price of the project, which exceeded $175,000, but not the amenities for the interactive water feature. DVD was able to reduce the cost of the proposal to approximately $140,000, which includes a 4,000 gallon storage container underground, a re -circulating system and 10 different spray elements, as provided in Attachment 3. With the proposed cost of this project now at $140,000, staff contacted Vortex for clarification of the estimated $85,000 cost provided in August. Attachment 4 is a revised proposal, in which the cost of the equipment for the Vortex system is $106,764, which does not include the installation cost of $40,000. Therefore, the cost estimate provided by DVD is within the range of the Vortex system. The proposed cost does not include the rubber surfacing for the interactive water feature. The City has received grants from the California Integrated Waste Management Board for rubberized surfacing in the past. Staff will apply for a grant for this project. It is anticipated the grant request will be submitted for the spring funding cycle through the California Integrated Waste Management Board. Should the City not receive grant funding for the surfacing, the estimated cost of the rubber surfacing is $10,000. 211 The estimated maintenance for the interactive water feature is 3-4 hours a week to check and adjust the chemicals in the storage container and to clean the drains. These functions can be performed by the service that maintains the City's various fountains. The estimated cost of this service is $1 10 per month. The scope of the project has changed from an artist produced interactive water feature to a commercial interactive water feature; therefore the project does not qualify as a public art project. Art in Public Places funds cannot be used to fund this project. It is anticipated that Quimby funds (approximately $215,000) or the City's Proposition 40 funds (approximately $325,000) could be used to fund this project. Proposition 40 funds have not been allocated by the City Council as of this report. Staff will bring a Proposition 40 grant funding allocation for City Council consideration at a later date. The Community Services Commission reviewed the revised proposal at their March 8, 2004 meeting and has forwarded the following recommendation for City Council consideration: Approve the interactive water feature as proposed using Proposition 40 funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the interactive water feature concept as proposed; or 2. Do not approve the interactive water feature concept as proposed; or 3. Provide staff with alternative direction. subm ie Horvitz, Commun%y Services Director Approved for submission by: Thomas P. Genovese, City Manager 3 212 Attachments: 1. La Quinta Park Interactive Water Feature Site Map 2. Minutes from the August 19, 2003 City Council Meeting 3. Proposed Interactive Water Feature 4. Revised Vortex Proposal 4 213 +� u 11 i .111,1 O f, 1 1 511 - I�IYii 1. i _ O _ rau i 11 ;lu u - al � � ■ 111 11 _ �rr1Y i ., 1111 11 ,IM 11 i 11 + illai _ i i �elrvlail . � , n�. III,', I= �i G� •��•�� V O ..gyp J`O (`1+11 l`_ 11�.- ___ u:. —.!•,. l 7.bO Valpu.r.��ut.0 9' n., 9. a .Ye1 Ii s;�'! I .��4 F Imo _ /�_ .a� -rr tRv. arv„.Iscrita�:ar.r•rar:v.�.. i®i• ILLar all■alas ■•.�a.R■l• •1 )S 1\. .11allS a,e.YnrrJ.1_rs �-, . �r..lvrr r__R�un s:c :JY "t ■rrT.' TarRr®a 1tr rl l`': �Y� �t1 ��.\ �. a 9 sR�t o � a/�� 11 �'tll �.P ��•:.Ii �1! City Council Minutes 12 August 19, 2003 ATTACHMENT 2 it was moved by Council Members Hendersortirviv%iisip ---.in No. 2003-80 as submitted. Motion carried unanimously with Mayor Adolph ABSENT. BUSINESS SESSION ........... continued 4. CONSIDERATION OF AN INTERACTIVE WATER FEATURE FOR THE LA QUINTA PARK. Community Services Director Horvitz presented the staff report. In response to Council Member Perkins, Ms. Horvitz confirmed the water feature area will be ADA accessible. In response to Council Member Henderson, Ms. Horvitz advised the area is 80 feet in diameter. Council Member Henderson voiced concern about maintenance costs. Ms. Horvitz stated the cost for the proposal by Vortex, which is a one-time water -use system, is approximately $60,000 including equipment and installation. The cost of a water treatment system (recycled water) is approximately $25,000 more. Suzanne Rupp, 27464 Commerce Center Drive, Temecula, of Miracle Playground Sales, stated the upfront costs for a water treatment system is higher but the water cost is significantly lower. She stated it takes approximately five years to offset the cost of a water treatment system. She added the equipment is stainless steel and under warranty for 25 years, and the surface will be a rubberized material. In response to Council Member Henderson, Ms. Horvitz confirmed the water feature surface at Fritz Burns Park was replaced because of rodents but added this water feature will have a concrete base. She stated the rubberized surface is not included in the cost, and the City has applied for a grant to cover that cost. Ms. Rupp noted brushed concrete can be used in place of a rubberized surface. She indicated the various water features are intended to blend in with the environment and not be obtrusive. 6 `-15 City Council Minutes 13 August 19, 2003 In response to Council Member Henderson, Ms. Horvitz stated an area 80 feet wide is needed to accommodate the number of water features in the preliminary plan unless the plan is scaled back. In response to Council Member Osborne, Ms. Rupp advised the time period the water features can be available are set through a control panel, and the individual water features are activated when the activation bollard is touched. Ms. Horvitz stated the outside wall is approximately 2 %: feet high. A budget of $40,000 was discussed when the RFP was distributed but no funds have been allocated for this project. She confirmed there are sufficient funds in the Arts in Public Places Fund to cover the cost. Mayor Pro Tern Sniff spoke in support of the concept, and asked about the recirculation system. Ms. Rupp explained the water will drain to the center or outside edges of the area and go through a chemical filtering system before being sprayed again. The chemicals are regulated by the system, and the control panel can be located in a subterranean vault or in an enclosure. The system has approximately 10 water feature components with the palm treelike feature j being about 12 feet high. Council Member Perkins voiced concern about the rubberized surface being slippery, and commented on the need for the area to be -illuminated. Ms. Horvitz noted the same material, which is similar to cork, has been used at Fritz Burns Park without any complaints being filed. As for lighting, she noted the adjacent basketball court lighting will most likely illuminate the area. Ms. Rupp noted operation hours can be regulated through the control panel. Council Member Perkins voiced concern about pools or lakes that are not fenced. In response to Council Member Henderson, City Manager Genovese stated the maintenance will probably be contracted to the same company that maintains the City's fountains. r-- Ms. Rupp recommended the water treatment system because it will provide i better water pressure. 21f City Council Minutes 14 August 19 In response to Council Member Henderson, Ms. Horvitz noted staff's recommendation includes authorization for an RFP for a landscape architect to design and coordinate this project. Council Member Osborne stated he supports going with the water treatment system. MOTION - It was moved by Council Members Osborne/Henderson to authorize the use of a filtration system and regular flow rate nozzles for the La Quinta Park interactive water feature, and authorize a Request for Proposals for a landscape architect to design and coordinate this project. Motion carried unanimously with Mayor Adolph ABSENT. MINUTE ORDER NO. 2003-84. 5. CONSIDERATION OF THE PAVEMENT MANAGEMENT PROGRAM AND SELECTION OF ANNUAL PAVEMENT PRESERVATION AND MAINTENANCE WORK PROGRAM. Public Works Director Jonasson presented the staff report. Council Member Perkins commented on the importance of maintaining the City streets. In response to Council Member Henderson, Consultant Nick Nickerson stated staff recommends a portion of- the $875,000 carry-over funds for slurry seal and striping be used for the slurry and preventative maintenance portion of this year's program, and appropriate capital money for the rehabilitation of the streets in Scenario #2. City Manager Genovese noted any unused portion of the $600,000 appropriated for the current fiscal year would be carried over to the following year: Council Member Henderson agreed with Council Member Perkins on the critical need to maintain the streets. In response to Council Member Osborne, Mr. Jonasson explained the $875,000 was * previously designated for . the slurry seal program but not used. Council Member Osborne agrees with maintaining the streets at the level recommended by staff but feels it's important to keep an eye on the budgeted amount and to reduce it if it's not being used. ATTACHMENT 3 David Volz Design Landscape Architecture & Park Planning ESTIMATE FORM Date: 1/27/2004 Project: La Quinta Community Park - Water Play Area Estimated By: DVD Item No. DESCRIPTION QUANTITY Unit Unit Price Total 1 Demolition 1 LS $3,000.00 $3,000.06 2 Rain Drop Equipment (See Attached Manufacturer Estimate -. incl. Installation of Equipment, Construction of Reservoir, Construction of Pump House Building, Installation of Concrete Flatwork over Equipment, electrical connection, water connection, sewer connection) 1 LS $130,000.00 $130,000.00 3 6" Mow Curb 102 LF $10.00 $1,020.00 4 4" Concrete Flatwork 175 SF $4.00 $700.00 5 4" Sch. 40 PVC Drain Pipe Incl. Connection to Ex. Sewer Line 130 If $25.00 $3,250.00 6 Landscape & Irrigation 565 SF $5.00 $2,825.00 Total Estimated Construction Costs $140,795.00 Estimated Annual Maintenance Costs (incl. Chemicals and Electricity) Man Hours not included approx. $1,000.00 Estimated Man Hours for Maintenance per week 1 3-5 hours The estimate does not include permits or fees. DVD has prepared this construction budget estimate on the basis of its best professional judgment and experience with the construction industry. If the owner wishes greater assurance as to the construction cost, he shall employ an independent cost estimator. This estimate is based on the attached Preliminary Layout Concept only and is for preliminary purposes only. The estimate represents assumptions and opinions of the construction market and contractor's methods of determining actual construction costs over which DVD has no control. ESTIMATE FORM 011504.xls I 9 1 !!��JE. (j 7�'.7 e RAIN DROP PRODUCTS LLC - PRICES EFFECTIVE 7-1-03 FOR QUOTATIONS ONLY - not for publication all prices subject to freight charges (allow 15% for budgeting purposes) ITEM PART # PRICE PROPOSED FEATURES FOR LA QUINTA COMMUNITY PARK: alm Tree 16' HT.)* PLMT-001 $5,060.00 Water Fun Cannon WFCN-001 $5,727.00 EA. 2 MinopKorn Jet MPKJ-001 $413.00 EA Foam Geyser FMGS-001 $1,925.00 EA 2 StarJet STJT-001 $629.00 EA Giant Circle 26' outer GICR26-001 $8,385.00 OTHER AVAILABLE FEATURES:*** ArchJet 6V ARJT-002 $6,543.00 BellSpra BLSJ-001 $2,112.00 Bozo BOZO-001 $8,168.00 Bubble Up BBUP-001 $1,386.00 CircleTime CIRT-001 $2,420.00 CoolDux CDUX-001 $5,827.00 CoolBench CBCH-001 $5,400.00 CrossBarJet 6N CBJT-001 $3,119.00 CrossBarJet 6V CBJT-002 $3,730.00 Dew Drop DWDP-001 $5,256.00 Downs out 6N DSPT-001 $2,702.00 Downs out 6V DSPT-002 $3,913.00 Dump N Spray 6V TDNS-001 $3,960.00 Fan Jet FNJT-001 $341.00 Feature Template -12" FITP-003 $110.00 Feature Template - 6 " FITP-002 $55.00 Feature Template - 8 " FITP-001 $88.00 Fire Hydrant(Spray Type) FDAS-001 $4,345.00 Fire Hydrant Activator FHDA-001 $5,060.00 Fog Jet FGJT-001 $1,210.00 Fog Jet Cover CVR-024 $705.00 HotLi s HTLP-001 $8,293.00 KiddieKarWash KCWH-001 $14,126.00 Lemon Drop LMDP-001 $341.00 Lazy River Tumblebuckets LRTB-001 $25,709.00 Mini Shower Tunnel MSHT-001 $1,634.00 Mini Spray Ring MSPR-001 $2,750.00 Nautical Spray Mast 6N NSPR-001 $6,300.00 HEIGHT OF WATER SPRAY (HEAD) 20' 3' 4-6' 4-6' 2-4' Variable** FOR INTERNAL USE ONLY NOT FOR DISTRIBUTION 11 P9 RAIN DROP PRODUCTS LLC - PRICES EFFECTIVE 7-1-03 FOR QUOTATIONS ONLY - not for publication all prices subject to freight charges (allow 15% for budgeting purposes) ITEM PART # PRICE Nautical Spray Mast 6V NSPR-002 $7,024.00 ParaDux PRDX-001 $7,645.00 PipeShower 6N PIPS-001 $2,769.00 PipeShower 6V - PIPS-002 $3,390.00 Po Jets PPJT-001 $19128.00 PopKornJet PKJT-001 $825.00 Rain Drop RNDP-001 $5,410.00 Rain Forest RNFT-001 $34,619.00 Rain Shower RNSH-001 $3,941.00 Rally Round the Flag RRTF-001 $7,800.00 SheetFlo Curtain SFCT-001 $5,770.00 Shower Tunnel SHWT-001 $2,602.00 ShowerTower 6N SHTW-001 $2,970.00 ShowerTower 6V SHTW-002 $3,819.00 Silly Serpent SSPT-001 $9,664.00 Slant -Fin erJet SFJT-001 $1,216.00 SlantJet SLJT-001 $259.00 Spra Fingers SPFN-001 $6,178.00 StarBurst STAR-001 $23,400.00 SunFlower Downspout 6N SFLR-001 $6,500.00 SunFlower Downs out 6V SFLR-002 $7,700.00 Su erSoaker 6N SPSK-001 $4,901.00 Tee Cup TECP-001 $6,424.00 TooLipJet 6N TLJT-001 $2,530.00 TooLipJet 6V TLJT-002 $3,489.00 TooLi Shower 6N TLSH-001 $4,895.00 TooLipShower 6V TLSH-002 $5,335.00 Trio of Fun TROF-001 $12,634.00 Triple Arch Rain Storm TARS-001 $8,538.00 T-Series CrossBarJet 6V TCBJ-001 $3,412.00 T-Series SheetFlo TSHF-001 $5,393.00 Tumblebuckets TBKT-001 $8,739.00 Tumbling Buckets TMBL-001 $5,280.00 Tunnel Arch TNAR-001 $1,546.00 UpStreamJet UPJT-001 $281.00 Wall Wave Jet WWJT-001 $578.00 WaterFall WRFL-001 $9,192.00 *The Palm Tree is currently being redesigned. The height will be 12' and random sprays in the area of the fronds and coconuts are hung will spray down on children creating a more effective water activity. FOR INTERNAL USE ONLY - NOT FOR DISTRIBUTION �:� 1 12 ✓lessage ` Page 1 of Dodie. Horvitz From: Elaine Dove [edove@dvolzdesign.com] Sent: Wednesday, March 03, 20041:07 PM To: Dodie Horvitz Subject: RE: La Quinta Community Park 1i Dodie, 'm glad to hear that the project is back on track. Here's the info on the Giant Circle — I don't think it's actually shown i; [it catalog, but it would be the same as the Circle Time CIRT-001 except a bigger diameter: 'he giant circle like all our ground spray features are adjustable in the height the client wants the water to "climb". This is done by adjusting the valving that is incorporated in every supply line for every feature. We. adjust the "height" based on the age group using le Sprayground and the "effect" wanted. Vyjth younger children (2 -5) we keep the "height" at the lower recommended level so as iot to over power them with too much spray. The "area of influence" is simply the area that the water will splash, spray or fall on to. "his is utilized in design to make sure that the water is kept within the area required. It also helps in choreographing the features as :) which ones will be on at the same time to try to eliminate over lap. The optimum flow rating for the Giant Circle is.150 GPM, We ise this to size,our pump. also, did I tell you that the Palm Tree has been redesigned? This is the info I got from Ron George: 'he Palm Tree was 16 ft in overall height. It is being changed. The reason is that the water coming out of the "dumping coconuts" vas only around one quart and although aesthetically pleasing it did not crate enough excitement for the children. We therefore lave lowered the overall height to 12 feet, kept the coconuts, but installed random sprays in the area where the fronds and :oconuts are hung, that spray down on the children creating more effective water activity. also, did I tell.you that the Palm Tree has been redesigned? This is the info I got from Ron George. ' 11 be happy to attend the Council meeting on the 16th. Let me know if you need more info in the meantime. 'lain 13 222 ATTACHMENT B Tee Cup TECP-001 Top -Slots and Shower Spouts around the pe- rimeter of the cup allow Tee Cup to offer exciting new water play opportuni- ties. It provides splash and spray effects which are uniquely different from the Rain Drop. Flow: 425 GPM Head: 10'-0" Area of Influence: 16'-0" diameter "With all the rich learning experiences it provides, it's no wonder- water play is part of' the basic curricid urn in Ynany early childhood programs. Palm Tree PLMT-o01 Flow: 5 GPM Head: 20'-0" Area of Influence: 8'-0" diameter Rain Drop RNDP-001 The original flagship of the FunFountain product line. Heavier volumes of water produce a longer "curtain" effect below the rim of the umbrella be- fore breaking into a rain drop effect. Lesser volumes of water produce a shorter curtain. Flow: 100-400 GPM Head: 10'-0" Area of Influence: 16'-0" diameter at maximum flow Dew Drop DWDP-001 The petite little sister of the Rain Drop. Dew Drops tuck neatly under the Rain Drop so they can be installed together in over- lapping clusters to form a flowing rainforest of water fun. Flow: 100-300 GPM Head: 8'-0" Area of Influence: 12'-0" diameter at maximum flow 10 :� i TOOL'Ip let 6v TLYT-002 When moving the control valve, the Toolip Jet blooms continuously with a circular, shower - like effect. `Plolying with water is develop- rlel7t(1ll)- approprioie regardless n f the child's age or abilities. " Flow: 30-60 GPM Head: 15'-0" Area of Influence: 8'-0" diameter TOOUP shower 6v TLSH-002 Not one but three interactive blooming jets `-pro—IF of water. You control the flow and change 6vNSPR=002 the shape of the flowering jets of water. Many bathers will be able to enjoy this fea- Ahoy'there! .The Nautical ture at the same time. Spray allows your imagination to run wild. Flow: 30-50 GPM This colorful feature will Head: 20'-0" „ be a great addition to any ' Area of Influence: 12 -0 diameter project. Turn the interac- tive fun flow valve and watch the water spray er Fun Cannon WFCN-001 from the mast. Shoots a w a sa e sI era es with foot automatic solenoid valve, or coin oper- Flow: 120 GPM pedal, Head: 8'-0" ated timer. Area of Influence: 20' - 8" Flow: 5-9 GPM Head: 31-0" Area of Influence: Adjustable to a maximum of 20'-0" TOWer 6v SHTW-002 A series of small jets located around the shower pole that spray in various directions. Highly Interactive! Flow: 15-40 GPM Head: 15'-0" Area of Influence: 4'-0" diameter 000*0000000*0000000000*0000000 Rain Drop Products has been manufacturing water play features for over 19 years. We have installations in all 50 states and around the world and would be happy to provide a list of satisfied custnmPrc 9 I. 2 � � 46 .eeeaeaeereaeeeea• �he below ground features are manufactured from Schedule 80 PVC. All connections are .gas welded, not glued with solvents. All nozzles are red brass. They are constructed with a unique access cover for easy maintenance. Winter cov- ers are available to protect the nozzle orifice from debris. This also is an opportunity to use the area for something differ- ent in the off-season. ini 3.et foam Geyser PKI- *ertvrs FMGS-001 air to A smon of Mixes water and ball foam the PopKorn Jet. Ideal create a wet for smaller children or which mysteriously from sl smaller Spray- bubbles up You Grounds®. neath the surface' high it regulate how Flow: 4-7 GPM blossoms. 50-80 Head: 10'-01, Flow: GPM Area of Influence: 4'- 61.0" NOW 0" diameter Head: Height: 4-6 ft Area of Influence: 6'- 0" diameter fog let F67T-001. Creates a fog or mist ef- fect with numerous little water sprays. Flow: 10-20 GPM Head: 16'-0" Area of Influence: 6'-0" diameter Height: 2-4 ft Helgtit: 6-8 ft ct�,"Os have found that enriching play environments yi w. ,�` eitCbulr. i`;Do: rnniiv 1. ns►nfinili}.%. nhvrirn1_ and cognitive • • • • • • • • * • • • • 0 • • • • 0 • ♦ 0 • • • • • • 400. Star yet STET-001 A series of arching jets of water. You decide how many, forming a full arc to go under or through. Can be mounted in a Spray- Ground0 or on the edge of a pool deck. Flow: 40-60 GPM Head: 10'-0" Area of Influence: 11'-0" x 8' 0" Height: 2-4 ft Rain Drop Products designs and manufac- tures its own manifold systems that in- clude Schedule 80 PVC with gas -welded connections. No saddles or tees are used. All are pressure tested and ready for in- stallation. Whether it is Water Play - Grounds@, water play In swimming pools, or SprayGrounds®... Rain Drop Products can meet all your water needs. Fan Set FNJIT-001 "If you gave me several million Water shoots out from two flush years, there would be nothing mounted jets. Cover one, and the that did not grow in beauty if it other shoots further. Locate on a were surrounded by water. " deck or in a SprayGround@. Flow: 20 GPM Head: 15'-0" Area of Influence: 12'-0" radius at maximum flow Height: 2 ft Tunnel Arch T14AR-001 This below deck feature_produces a series of cylihdfidd or�ches of water. It Is ideal for miountln°g��in the{,edge of'� pool or"'with-;s S rayGround�. Head: 15'-0" Area of Influence: 3'-0" diameter Height: 4 ft 18 nf)L- �_tiJ The G&cle Time and Mini Spray Ring can be act - rated with a step (toot), or infrared application. Mini spray Ring MSPR-001 A smaller circle of jets shooting upward and outward. Can be interactive. "Water play helps children understand and enjoy their living -learning environ- ment. " Flow: 40-60 GPM Head: 25'-0" of Influence: 6'-0" diameter Height: 4-6 ft 'Cle Tlme�czRT-001 ircle of :upward shooting streams bending inward to fall to the center :he circle. Jump in ... jump out ... challenge the circle and the sprays. w: 60-120 GPM SprayGrounds® are eco- nomic and convenient. Since no standing water is used, 3d: 16'-0" ,;-.drowning is virtually impos- sible and therefore life - a of Influence: 8'-0" diameter guards are not necessary. The systems are not only cost-effective, but opera- tional 4-6 ft tional costs are very low ...... often less than $1,000 per p3ets PP3T-001 season. ly concealed in the surfacing .... the .only thing you see is a series of tical cylinders of water popping six; Inches to six feet out of the floor. i decide how high by covering one or more of the jets and watch the ers jump even higher. w: 80-150'GPM -3d: 7'-0" Area of Influence: 5'-0" x 8'-0" Height: 4-6 ft Mini shower Tunnel MSHT-001 The little sister of our Shower Tunnel. A series of five arches of water that form a tunnel. This feature is ideal for smaller areas. Flow: 38-50 GPM Head: 10'-0" Area of Influence: 10'-07 x,12`-0" Height: 4 ft 19 Z8 ATTACHMENT 4 27464 Commerce Center Drive # I Temecula, CA 92590 (800) 264-7225 (909) 676-8706 FAX QUOTATION Date Quotation # 2/9/2004 202501 B Customer Name City of La Quinta PO Box 1504 La Quinta, CA 92253 Attn: James Lindsey Terms Rep FOB Project Net 30 SR factory Vortex Splash Pad Item Description Qty Rate Total Vortex Custom Vortex Splash Pad: 1 95,837.00 95,837.00T -2 Spray. Cannons -2 Ground Geysers -4 Wall Sprays -1 Palm Tree -3 Cattails -1 Magic Touch Bollard - 2 Deck Drains -1 4000 ga. holding tank, two outlets -1 Water Quality Management System:above ground 6 x 10 system, 7.5 HP, 220 V, three phase feature pump system, 2 x 5 s.f. sand filter w/5 HP pump, Chemical controller, 9 valve water distribution system, 18 output controller -1 Rain Diverter junction box Freight Commercial Freight 1 3,500.00 3,500.00 Subtotal The acceptance signature below serves as authorization to order the Sales Tax (7.75%) items quoted and indicates acceptance of the listed prices and payment terms. Signature above will not substitute for a Purchase Order, if a Purchase Order is required by customer. TOTAL Unloading, storage and installation of equipment upon arrival is not included in above prices unless specifically noted on quote. SIGNATURE Page 1 : 6,w 27464 Commerce Center Drive # I Temecula, CA 92590 (800) 264-7225 (909) 676-8706 FAX QUOTATION Date Quotation # 2/9/2004 202501 B Customer Name City of La Quinta PO Box 1504 La Quinta, CA 92253 Attn: James Lindsey Terms Rep FOB Project Net 30 SR factory Vortex Splash Pad Item Description Qty Rate Total EXCLUDES: Filter sand, sodium hypochlorite & muriatic acid, electrical work, site work, installation, unloading, drainage, additional plumbing, fees & permits, safety surfacing. Subtotal $99,337.00 The acceptance signature below serves as authorization to order the Sales Tax (7.75%) $7,427.37 items quoted and indicates acceptance of the listed prices and payment terms. Signature above will not substitute for a Purchase Order, if a Purchase Order is required by customer. TOTAL $106,764.37 Unloading, storage and installation of equipment upon arrival is not included in above prices unless specifically noted on quote. SIGNATURE ... ----------------------------------- Page 2 r) 20 G. t. Tiht 4 X4P Qumrru AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 16, 2004 w� BUSINESS SESSION: ITEM TITLE: Consideration of Request to Cul-de-Sac Fiesta Drive at the East End Near Jefferson Street CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: Some of the access options can be implemented in conjunction with the Jefferson Street project at no additional expense to the project or the City. However, some of the access options cannot be funded by the Jefferson Street project and will require the City to initiate, and fund, a minor improvement project costing $15,000 to $50,000, depending on which access option is selected. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Forty-four (44) residents living on Fiesta Drive and Hummingbird Lane signed a petition (Attachment 1) and submitted it to the City Council on January 7, 2004, requesting the Council to consider installing a cul-de-sac at the east end of Fiesta Drive near Jefferson Street. The residents would like to have the cul-de-sac installed as part of the Jefferson Street, Phase II improvements in lieu of installing improvements that would largely, but not entirely, accommodate and perpetuate the existing traffic circulation system for the Indian Springs/Westward Ho neighborhood. Fiesta Drive is one of two local streets that provide access between the arterial street system and the neighborhood; the other street is Roadrunner Lane. There are thirty-six (36) other properties located deeper in the neighborhood located on Cortez Lane and Roudel Lane in which those residents can currently choose between Fiesta Drive and Roadrunner Lane as their preferred route to the arterial street system (Attachment 2)F) ,? U None of those residents signed the petition. In fact, it's unknown as of this writing if those residents are aware of the petition or were given the opportunity to sign it. The petition cites several benefits that would accrue to residents living on Fiesta Drive, but it does not address any potentially adverse impacts to other residents in the neighborhood. The latter aspect is left to the City to identify and weigh in its consideration of the request. Thus, if the City Council is interested in pursuing turning Fiesta Drive into a cul-de-sac, it is recommended that the City Council continue its consideration of the petitioned request to a future date so the other residents in the neighborhood can be notified of the proposed change in traffic circulation. This will also allow providers of emergency services, such as police, fire, and medical response teams, to offer their perspective of the proposal. Additionally, engineering staff can then study the area with respect to the quantity of high school cut -through traffic, direction of that traffic, and traffic speeds. Engineering staff has prepared six (6) exhibits (Attachment 3) to facilitate discussion of the access options available to the Council, if something different than what is currently proposed by the Jefferson Street project is desired. Impact on Jefferson Street Project It should be noted, that some of the access options have a have a minor impact on the Jefferson Street project design and can be implemented as part of the Jefferson Street project. But the more complicated options involving cul-de-sac construction require the City to embark on, and fund, a minor design/construction project that can be implemented either during, or shortly after, construction of the Jefferson Street project. Access Options for Consideration (Attachment 3) Access Option #1: Connect Fiesta Drive to Jefferson Street and continue to accommodate two-way traffic on Fiesta Drive as currently shown on the Jefferson Street Improvement project plans. Install a median break on Jefferson Street when the new Jefferson Street improvements are constructed to accommodate northbound to westbound left turns only. Access Option #2: Connect Fiesta Drive to Jefferson Street and continue to accommodate two-way traffic on Fiesta Drive. However, do not install a median break on Jefferson Street when the new Jefferson Street improvements are constructed. Fiesta Drive will function as a right -turn pnly intersection r) 2 S:\CityMgr\STAFF REPORTS ONLY\B 2 Fiesta Drive.doc ;_� Access Option #3: Close the Fiesta Drive connection to Jefferson Street to public access, but retain emergency only access. This access option can be implemented in two different ways: a. Install new Fiesta Drive improvements as proposed on the Jefferson Street improvement plans, but install an emergency only gate, and construct a turnaround stub -out on the neighborhood side of gate to accommodate vehicular turnaround. Delete the proposed median break on Jefferson Street. b. Construct an offset cul-de-sac bulb with emergency only access driveway connecting the cul-de-sac bulb to Jefferson Street. Access Option #4: Change the Fiesta Drive connection to Jefferson Street to accommodate one-way only traffic at the connection (westbound, i.e. enter the neighborhood), but two-way traffic elsewhere on Fiesta Drive. This option is implemented by constructing a mini -roundabout in the cul-de-sac to separate turnaround traffic and inbound traffic at the intersection. Install a median break when the new Jefferson Street improvements are constructed to accommodate northbound to westbound left turns. Access Option #5: Change the Fiesta Drive connection to Jefferson Street to accommodate one-way only traffic at the connection (eastbound, i.e. leave the neighborhood), but two-way traffic elsewhere on Fiesta Drive. Do not install a median break on Jefferson Street when the new Jefferson Street improvements are constructed. Fiesta Drive will function as a right -turn only intersection for traffic leaving the neighborhood. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Begin consideration of the request to cul-de-sac Fiesta Drive near Jefferson Street, but continue final discussion and consideration of the proposal to a future City Council meeting so other residents in the neighborhood. can be notified of the proposal and additional information relevant to the decision making process can be developed; or 2. Direct staff to pursue one of the access options to be designed and constructed concurrently with the Jefferson Street Improvements; or 3. Deny the request and direct staff to proceed with final design of the Jefferson Street improvements as currently envisioned; or 4. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\B 2 Fiesta Drive.doc 3 [�. v 40 Respectfully submitted, othy R on s n, P.E. Public Works Di ctor/City Engineer Approved for submission by: 4,_ �... Thomas P. Genovese, City Manager Attachments: 1. Petition Submitted by Fiesta Drive Residents 2. Map of Indian Springs/Westward Ho Neighborhood 3. Access Options 1, 2, 3A, 313, 4, 5 S:\CityMgr\STAFF REPORTS ONLY\B 2 Fiesta Drive.doc 4 ATTACHMENT 1 Neighborhood Petition to La Quinta QM.Qg�2 Donald Adolph, Mayor CITY pF L p QUI, t Stanley Sniff, Mayor Pro Tem CITY CLEgg'$ tj Of Ron Perkins, Council Member Terry Henderson, Council Member Lee Osborne, Council Member The City of La Quinta is planning to convert that portion of Jefferson Street south of Highway 111 into a six -lane road with a traffic signal at the intersection of Jefferson Street and Westward Ho Drive. Traffic headed to and from La Quinta High School will use westbound Fiesta Drive as an alternate route from westbound Westward Ho Drive to evade this proposed traffic signal. Now is the time for the city council to consider creating a cul-de-sac at the current intersection of Jefferson Street and Fiesta Drive. The benefits to the current residents of the neighborhood include the usual benefits of restricting neighborhood traffic, including pedestrian safety, reduced traffic noise, higher property values, etc. The current neighborhood near this proposed cul-de-sac has no sidewalks. The pedestrian school children from John Glenn Middle School, Amelia Earhart Elementary, and La Quinta High School have to walk on Fiesta Drive along with the traffic. This is a safety concern for all residents as many cars currently drive down - Fiesta at a rate of speed exceeding neighborhood speed limits. All of the undersigned are residents of the La Quinta neighborhood near the corner of Jefferson Street and Fiesta Drive who respectfully request that the council consider the safety of the pedestrian school children who must share Fiesta Drive with the traffic to and from La Quinta High School. The undersigned respectfully request that the city council create a cul-de-sac at the intersection of Jefferson Street and Fiesta Drive. Signature Printed Name Street Address ma E ture � Printed Name Street Address 0[2a6ef� UAw, 7i5 6_40k, Sig Mre Printed Name Street Address t Signature Printed Name Street Address treet Address 15 ignature Printed Name Street Address i C HfiRL N s E Printed Name Street Address m�r►�m�LLer --79`7y0I�i-��-��2 Printed Name Street Address Signature Printed Name Street Address cliWp l i'VVI)hZ 'I -q�o F� e 5 Signature Printed N&ne Street Address Signature 5A ► Signature nuid mt lley -T -,q-5s F1e4v- D Printed Name Street Address fEAa%".,ae G. Rllw T79925: f,•p,2k Dp. Printed Name Street Address IWA - P& 1 Printe Name Street Address Printed Name 79-ft 4 Street Address Printed Name Street Address 7p Street Address 7a- IW Street Address Printed Name Street Address Printed Name Street Address Signature Printed Name Street Address 0 1-1 2,75 0.1 far dew - Signature Printed Name Street Address HIV t .�Z��erl91/57 fir, Print Nam Street Address JQ SUr� %�i%S��;G55�A� LC�i Printed Name Street Address Printed N Street Address ' .�1�•►w� �/��,� �9- ass /�,�� y Printed Name Street Address gignatKe Printed Name Street Address I'l Aap& [4w,-nvvL(rqlj(xl Signature Printed Nam Street Address Signature Tinted Name Stret Address -Ant G cEcg-=�jct-c O 1co,&gxpgmwA- nature Printed Name Street Address S�iy tune P ' t NamA Street Address Sipiture � Pri a .Street Address Signature Printed Name A MarVfry nfma�, Printed Name da rD a e e. Printed Name Street Address lq g,5b Street Address 7 - PO 57 Stream Address / f r r -,, oS - �4 f Printed Name Street Address Signature Signature Signature Signature Signature Signature Signature Signature 4 do w A/m o fi -e Z2 - -&-L Printed Name Street Address 1�0r,tov, T Cjno K �Oh—U Pesrh VE LQ . Printed Name Street Address iM c clil el e- &j -be ,u, 7 `I SZO r-ic54 Dr-4 Printed Name Street Address &,eL/ ill BA&Aq, 2M�O L,Ps tAAP Z- Printea Name Street Address /�147 e/� Printed Name Printed Name Street Address E_57`� Street Address 091 Printed Name Street Address rr S ys `7 7& AWE* )0y . rinted Name Street Address Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name Street Address Street Address Street Address Street Address Street Address Street Address Street Address ATTACHMENT 2 r �.I ATTACHMENT 3 ACCESS OPTION #1 r v v <, CD 8-Foot Wide Sidewalk Jefferson Street 100, -------------------- CVVG,c IESTA3.DCW 10 C..i ACCESS OPTION #2 m' - v v Z cD 8-Foot Wide Sidewalk Jefferson Street 100' DV1K3S1FIESTA5.00W lz 241 ACCESS OPTION #313 Jefferson Street 100, TZ Ck-JGSNFlESTA2.DCW 13 gc.40- ACCESS OPTION #5 cu' v v Z 2-Point Turnaround 20-Foot Wide Outbound Only Lane 8-Foot Wide Sidewalk 125 SF R/W Acquisition Jefferson Street 100' DWG-%FIESTAB.DCW BUSINESS SESSION ITEM: 3 ORDINANCE NO. 402 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(C) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 1 as existing on the date hereof (hereinafter, the "Plan") is hereby amended to extend, by one year, (a) the currently existing time limit on the effectiveness of the Plan, and (b) the currently existing time limit in the Plan to repay indebtedness with the proceeds of property taxes received pursuant to Health & Safety Code Section 33670. SECTION 2. The foregoing amendment to the Plan is effected pursuant to the authority established by Senate Bill 1045, effective September 2, 2003, which is codified in pertinent part in Health & Safety Code Section 33333.6(e)(2)(C), which states: "When an agency is required to make a payment pursuant to [Health & Safety Code] Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with [Health & Safety Code] Section 33354.6 or Article 12 (commencing with [Health & Safety Code] Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by [Health & Safety Code] Section 33607.7." The Agency is required to make the payment pursuant to Health & Safety Code Section 33681.9 and thus the Plan may be amended pursuant to the terms of Health & Safety Code Section 33333.6(e)(2)(C). SECTION 3. Enactment of this Ordinance is exempt from the California Environmental Quality Act (Pub. Res. Code §21000 et seq.) ("CEQA") pursuant to terms of Health & Safety Code Section 33333.6(e)(2)(C), and further pursuant to CEQA Guidelines Section 15378(b)(4) [Title 14 CCR § 15378(b)(4)] because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Ordinance No. 402 Redevelopment Plan Amendment Project Area No. 1 Adopted: March 16, 2004 Page 2 SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. SECTION 5. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 6. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 7. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a regular meeting held on this 16" day of March, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California Ordinance No. 402 Redevelopment Plan Amendment Project Area No. 1 Adopted: March 16, 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 BUSINESS SESSION ITEM: ORDINANCE NO. 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(C) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 2 as existing on the date hereof (hereinafter, the "Plan") is hereby amended to extend, by one year, (a) the currently existing time limit on the effectiveness of the Plan, and (b) the currently existing time limit in the Plan to repay indebtedness with the proceeds of property taxes received pursuant to Health & Safety Code Section 33670. SECTION 2. The foregoing amendment to the Plan is effected pursuant to the authority established by Senate Bill 1045, effective September 2, 2003, which is codified in pertinent part in Health & Safety Code Section 33333.6(e)(2)(C), which states: "When an agency is required to make a payment pursuant to [Health & Safety Code] Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with [Health & Safety Code] Section 33354.6 or Article 12 (commencing with [Health & Safety Code] Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by [Health & Safety Code] Section 33607.7." The Agency is required to make the payment pursuant to Health & Safety Code Section 33681.9 and thus the Plan may be amended pursuant to the terms of Health & Safety Code Section 33333.6(e)(2)(C). SECTION 3. Enactment of this Ordinance is exempt from the California Environmental Quality Act (Pub. Res. Code §21000 et seq.) ("CEQA") pursuant to terms of Health & Safety Code Section 33333.6(e)(2)(C), and further pursuant to CEQA Guidelines Section 15378(b)(4) [Title 14 CCR § 15378(b)(4)] because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Ordinance No. 403 Redevelopment Plan Amendment Project Area No. 2 Adopted: March 16, 2004 Page 2 SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. SECTION 5. IExcept as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 6. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 7. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a regular meeting held on this 16" day of March, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California Ordinance No. 403 Redevelopment Plan Amendment Project Area No. 2 Adopted: March 18, 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 0 BUSINESS SESSION ITEM: 5 ORDINANCE NO. 404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 PURSUANT TO SENATE BILL 211 AS CODIFIED IN HEALTH & SAFETY CODE SECTION 33333.6(e)(2)(B) THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: SECTION 1. The Redevelopment Plan for Project Area No. 2, as existing on the date hereof (hereinafter, the "Plan") is hereby amended to delete from the Plan any and all time limits stated in the Plan that purport to place on the La Quinta Redevelopment Agency any time deadline on the establishment of loans, advances, and indebtedness with respect to the Plan or Project Area. SECTION 2. The foregoing amendment to the Plan is effected pursuant to the authority established by Senate Bill 211, effective January 1, 2002, which is codified in pertinent part in Health & Safety Code Section 33333.6(e)(2)(B), which states in pertinent part: "On or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting this ordinance, neither the legislative body nor the agency is required to comply with [Health & Safety Code] Section 33354.6 or Article 12 (commencing with [Health & Safety Code] Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing agencies required by [Health & Safety Code] Section 33607.7." SECTION 3. Enactment of this Ordinance is exempt from the California Environmental Quality Act (Pub. Res. Code §21000 et seq.) ("CEQA") pursuant to the terms of Health & Safety Code Section 33333.6(e)(2)(B), and further pursuant to CEQA Guidelines Section 15378(b)(4) [Title 14 CCR §15378(b)(4)l because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Ordinance No. 404 Redevelopment Plan Amendment Project Area No. 2 Adopted: March 16, 2004 Page 2 SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unconstitutional. SECTION 5. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. SECTION 6. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 7. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. PASSED, APPROVED, and ADOPTED by the La Quinta City Council at a regular meeting held this 16" day of March, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California r)5r) 44. Ordinance No. 404 Redevelopment Plan Amendment Project Area No. 2 Adopted: March 16, 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 �'�3 REPORT/INFORMATIONAL ITEM: IS 4 •etP " CULTURAL ARTS COMMISSION MINUTES February 12, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Brodsky led the Pledge of Allegiance. City Clerk Greek administered the Oath of Office to Commissioner Andrea Gassman. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Linda Young (Excused) STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT -NONE III. PUBLIC HEARING - NONE IV. CONSENT CALENDAR A. Approval of Minutes of January 8, 2004 B. Department Report for December 2004 C. Financial Report It was moved by Commissioners Brodsky/Reynolds to approve consent calendar. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Public Safety Officer Acknowledgement Area Proposals �JL� Cultural Arts Commission Meeting Minutes February 12, 2004 Paqe 2. Jeffery Fowler presented the Marquette of his art proposal "Out of Harm's Way", which depicts a firefighter and peace officer appearing to be emerging from black granite portals with a small girl running between the two portals. Mr. Fowler has visited the proposed location on the Civic Center Campus for the sculpture and is very pleased with the location and design of the site. The black granite portals would stand 7 and a half feet high and be 3 and a half feet wide and 10 inches deep. Commissioner Gassman asked about the lighting for the piece. Mr. Fowler stated that the lighting would be designed to minimize vandalism yet showcase the artwork. Commissioner Gassman asked about the stability of the piece in the event of an earthquake. Mr. Fowler stated that he takes the stability of the piece very seriously and this would be structurally sound. Mr. Fowler then presented a second Marquette which depicts a firefighter and peace officer rising from a pile of building rubble with a small girl lying in their outstretched hands. Mr. Fowler explained that all the figures would be made from bronze and the rubble and the base would be made from a fiberglass/concrete/foam material which would be stained like cement or red brick. The construction time line for this type of work should be extended to a 10 month time frame. Mr. Fowler stated that although the edges of the art piece appear to be rough and/or sharp, he can fabricate them so that they are not dangerous to anyone that may touch them. He also stated that this piece must be elevated on a raised platform in order to have the dramatic effect the piece is intended to evoke. Commissioner Brodsky asked if people would be tempted to climb on the art piece. Mr. Fowler stated that people climb on and have damaged the police memorial that is located within 50 feet of the Palm Springs Police Department front doors. However, Mr. Fowler stated that he would rather have people touch and climb on his work rather than not embrace the artwork. After some discussion, the Commission determined that the art piece should be on a raised base. SACommunity Services\CAC\CACMIN.2.12.04.doc <� r Cultural Arts Commission Meeting Minutes February 12, 2004 Paqe 3. Mr. Fowler then suggested the City could sell "bricks' to raise money to offset the cost of the piece. He felt that the community would embrace the piece if they had a financial stake in it. Mr. Fowler also stated that the officers could be molded after real officers or an imaginary person. Commissioner Gassman asked if one of the officers could be a female. Mr. Fowler assured the Commission that one of the officers could be a female if that was requested. The Commission was concerned that Mr: Fowler's art proposal exceeded the approved budget by $45,000. The Commission thanked Mr. Fowler for his proposal. The proposals by Mark Leichliter and Gary Alsum were reviewed. The proposal includes a black granite slab with a firefighter's badge on one side and a Riverside County Sheriff's badge on the other. Mr. Alsum's proposal was of a firefighter holding a girl and a police kneeling talking to a small boy. Commissioner Reynolds did not find the pieces exciting and Commissioner Brodsky felt as though it was difficult to compare a Marquette with pictures of an art piece. Both pieces have a budget of $100,000. Commissioner Reynolds reminded the Commission of a past incident in which an artist was selected to do an art piece with a budget higher than the approved budget in the RFP. She would not want to see the City go through another incident like that one. After some discussion, it was the recommendation of the Commission to recommend consideration of Mr. Fowler's second proposal if the budget issue can be resolved. It was moved by Commissioners Gassman/Reynolds to recommend the City Council consider Mr. Fowlers proposal if the budget issue can be resolved or to reissue another RFP if needed. Unanimous. It was moved by Commissioners Gassman/Brodsky to recommend the City Council consider "Out of Harm's Way" proposal number two. Unanimous. B. Concert Under the Stars Staff reported that the Sidestreet Strutters were unable to perform as they are doing a nationwide tour during the time requested by the SACommunity Services\CAC\CACMIN.2.12.04.doc r Cultural Arts Commission Meeting Minutes February 12, 2004 Paqe 4. Commission. Staff also reported that the Las Adelitas Mariachi were unable to perform until 8:00 on April 24. Commissioner Brodsky expressed his concern with the amount of time that has passed without a commitment for entertainment. Commissioner Brodsky stated that he could not work within the confines of the City processes. Commissioner Loudon asked staff to give an overview of the Brown Act. Staff reminded the Commission that they had received a copy of an article from the League of California Cities regarding the Brown Act and how to avoid violating the conditions. Staff reminded the Commission that phone calls and emails made to solicit a decision outside of a posted Commission meeting is in violation of the Brown Act. The public has the right to attend meetings in which decisions are made. Commissioner Gassman stated that the Commissioners are not allowed to caucus outside of posted meetings. Commissioner Brodsky dismissed himself at 8:30 due to having an early morning appointment the next day. Commissioner Gassman suggested that the La Quinta High School dancers be included in the Concert under the Stars. The Commission agreed that the event should be a family event; therefore, the event should start at 6:00. Staff reported that the La Quinta High School Jazz and Concert bands are available on April 24. The Commission would like to have the band play for this event. Staff reminded the Commission that at the Civic Center Campus Dedication, Nels and the Peanut Butter Cookies Band played which incorporated children and families into the performance. The Commission directed staff to contact the Cookies Band and to get a good price for a one hour performance. The Commission also would like to see a person that makes balloon animals at the event. Staff will research the entertainment and costs and will present this information at the next meeting. C. Bighorn Sheep Institute SACommunity ServiceMCAMCACMIN.2.12.04.doc Cultural Arts Commission Meeting Minutes February 12, 2004 Paae 5. The Commission considered locations in which to place the two bighorn sheep sculptures donated for temporary use to the City. After some discussion, it was determined that "Aries" by William Stout be located at the Senior Center, in an area that is visible to many. The bighorn sheep sculpture "Bright Future" by Rick Farrell should be located at the La Quinta Park. It was moved by Commissioners Gassman/Reynolds to recommend for City Council consideration that "Aries" be located at the Senior Center and "Bright Future" be located at the La Quinta Park. Unanimous. D. Community Picnic Booth The Commission discussed hosting a booth at the City's Birthday Bash and City Picnic on April 24 at Fritz Burns Park. It was determined that the Commission would like to hand out surveys for people to fill out. The interactive mural last year was very successful, based upon the Commission's recommendation, this will be offered again this year. Staff suggested the mural paper be designed like a birthday cake, so that it can be easily displayed on the student art wall this year, due to the inability to properly display the mural last year. The Commission concurred. The Commission also asked to have flyers to hand out at the Picnic for the concert. Staff was asked to contact Kathy Dunham regarding participating in the picnic with a booth of her student's artwork. It was moved by Commissioners Gassman/Reynolds to have a booth at the Birthday Bash and Community Picnic. Unanimous. E. March Meeting Staff reported that due to a prior commitment, she will not be able to attend the March 11, 2004 meeting. The Commission was asked to select another date. After checking calendars, it was determined March 4 would be suitable for a meeting. It was moved by Commissioners Gassman/Reynolds to host the March Cultural Arts Commission meeting on March 4 instead of March 11. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS SACommunity Services\CAC\CACMIN.2.12.04.doc �. v Cultural Arts Commission Meeting Minutes February 12, 2004 Paae 6. Arts Festival Committee: Staff reported that due to the lack of space at City Hall, the City Council has decided to pass on attending the La Quinta Arts Festival this year. Vill. COMMISSIONER ITEMS Commissioner Reynolds asked to have the John Kennedy piece put on the next agenda. Commissioner Loudon stated that the Scratch Band will perform at the River and represent the City of La Quinta. Commissioner Gassman would like to see more dramatic arts included in performances offered by the City. Commissioner Reynolds contacted Ed Kibbey regarding the use of Art in Public Places and funding for landscaping of art pieces. According to Mr. Kibbey, the funds can be used for landscaping if that is part of the original art project. XI. ADJOURNMENT It was moved by Commissioners Gassman/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 9:20 PM. NEXT MEETING INFORMATION: Thursday, March 4, 2004 La Quinta Civic Center Study Session Room by:. i Dodie Horvitz Community Services Director SACommunity Services\CAC\CACMIN.2.12.04.doc REPORT/INFORMATIONAL ITEM: TWit 4 e4& Q&& COMMUNITY SERVICES COMMISSION MINUTES February 9, 2004 I. 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. City Clerk Greek administered the Oath of Office to new Commissioners Hackney and Leidner. Chairperson St. Johns presided over the meeting. Commissioner Liedner led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Gary Calhoun Commissioner Mike Cross Commissioner Ed Hackney Commissioner Bob Leidner STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the January 12, 2004 Minutes B. Monthly Department Report for December 2003 It was moved by Commissioners Calhoun/Leidner to approve Consent Calendar. Unanimous. 400 Community Services Commission February 9, 2004 Minutes Page 2 V. PUBLIC HEARING None. VI. BUSINESS ITEMS A. La Quinta Park Interactive Water Feature Staff gave an overview of the project after a conversation with Elaine Dove of DVD regarding the cost of installation of the water feature. The cost of $175,000 had included several duplicate items and services. After review, the estimated cost of the project is $140,000. However, the majority of the cost is for the infrastructure with very few spray amenities. Staff will continue to work with DVD to include additional amenities without increasing the cost substantially. The Commissioners expressed their concern with the cost of the project and the limited number of play elements available to the public. Commissioner Calhoun expressed his concern of forwarding a recommendation to the City Council without seeing the final design first. It was moved by Commissioners Calhoun/Leidener to bring the interactive water feature design back for Commission review at the March 8, 2004 Commission meeting. Unanimous. B. La Quinta Park Skate Park Meeting Staff gave an overview of Proposition 12 and Proposition 40 bond acts and the amount of funds the City received with each bond measure. Commissioner Hackney asked if the La Quinta Park Skate Park would replace the existing skate park at Fritz Burns Park or if this would be an additional facility. Staff used the aerial map to point out the two locations, and explained the La Quinta Park Skate Park would serve the area north of Hwy. 111. Commissioner Leidner stated he had visited the Fritz Burns Park Skate Park and was appalled at the disregard for posted rules by the skaters at the park. He asked if it was the Commissioner's role to try to enforce the rules. Staff suggested that it's in the community's best interest if everyone reminds the skaters that they should wear their safety equipment, however, the City does not require Commissioners to enforce the rules. Community Services Commission February 9, 2004 Minutes Page 3 Staff gave an overview of the legislation regarding skate parks and the reasoning behind not staffing the skate park. Commissioner Cross asked if the design of the skate park would accommodate the requests of the older skaters that attended the October meeting. Staff stated that the designer from California Skate Parks is a long time skater and understands the use as well as liability issues. It is envisioned that the skate park will be more advanced than the Fritz Burns Park skate park. Commissioner Calhoun asked if the design of the bowl would allow for patrol of the area. Staff reported that due to the bowl being below grade, visibility of the bottom of the bowl would be difficult. Commissioner Cross stated that he believes the La auinta Park Skate Park is in an excellent location. It was moved by Commissioners Hackney/Cross to host a public skate park meeting at the March 8, 2004 Community Services Commission meeting. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS None. VIII. COMMISSIONER ITEMS Chairperson St. Johns asked the two new Commissioners to introduce themselves: Ed Hackney stated he wants to give back to the community therefore he applied for the Commission. Bob Leidner introduced himself and wants to make the community a part of his life and wants to give back to the community. Both Commissioners Hackney and Leidner stated that they would like to understand the Commissioner's role in the community. Commissioner Hackney asked to be excused from the next meeting as he will be out of town for a prior engagement. 3 262 Community Services Commission Minutes IX. ADJOURNMENT February 9, 2004 It was moved by Commissioners Cross/Leidner to adjourn the Community Services Commission meeting at 7:45 PM. Unanimous. NEXT MEETING INFORMATION Monday, March 8, 2004 @7:00 PM La Quinta City Council Chambers itted ie Horvitz, Community Services Director N 263 REPORT/INFORMATIONAL ITEM: /T MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA January 15, 2004 This meeting of the Historic Preservation Commission was called to order by Vice Chairman Archie Sharp at 3:04 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Puente, Sharp, Wilbur, and Wright Absent: It was moved and seconded by Commissioners Puente and Wilbur to excuse Chairperson Mouriquand. Unanimously approved. Staff Present: Principal Planner Stan Sawa, 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 Puente and Wright to approve the Minutes of November 20, 2003 as submitted. Unanimously approved. V. BUSINESS ITEMS A. Report on Phase I Cultural Resources Assessment for Tentative Tract Map 31816, located on the southwest corner of Westward Ho Drive and Roadrunner Drive. Applicant: Mattco Construction, Inc. Archaeological Consultant: Archaeological Advisory Group (James Brock) P:\CAROLYN\Hist Pres Com\HPC 1-15-04.doc 2) V 13 Last printed 3/10/04 10:39 AM Historic Preservation Commission January 15, 2004 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. Commissioner Wright stated there appeared to be an unusual amount of fill and asked if there were any regulatory actions which would prompt an applicant to contact the City regarding fill. Staff replied the applicant should have obtained a "stockpiling" permit. Staff had inquired of the Public Works Department if a permit had been issued, but had not received a reply as of this meeting. 3. Commissioner Wright asked if a Notice of a Filling Permit would be presented to the Commission, especially if it is in a sensitive area. Staff replied this was the first time this situation had occurred and currently there is no formal procedure. A procedure needs to be established whereby the Community Development Department would be contacted when a fill permit is requested. Staff would then decide if the property is in a sensitive area and requires surveying or monitoring. Commissioner Wright was concerned about filling being done in sensitive areas. Staff would look into implementing a standard policy. 4. Commissioner Wilbur asked if this project was in a sensitive area. Staff replied it was. 5. Commissioner Wright stated previously this had not been a problem because these sites had been capped, but information needs to be recorded that the property was surveyed prior to the fill being added. In the future, the information would be available. He stated some type of assessment should be done. 6. Commissioner Sharp asked for a definition of "fill". Staff replied "fill" means dirt has been brought on to the property from off - site and used to build up the grade. 7. Commissioner Wright said he brought the subject up because the area across the street is quite a bit lower. When that property is filled in it will take 40 or 50 feet of fill. He commented there should be some type of permit before any machinery is allowed on the property. Staff replied a permit to 2 r� r- ��J Historic Preservation Commission January 15, 2004 fill the site would be needed. Commissioner Wright commented once a permit is given for any type of grubbing or filling it should come before the Commission. 8. Commissioners Sharp and Puente agreed. 9. Commissioner Wilbur asked about implementing a policy. Staff replied they would look into it and report back to the Commission. If formal action is needed, the Commission will be informed. 10. It was moved and seconded by Commissioners Wright and Puente to adopt Minute Motion 2004-001 accepting the Phase I Cultural Resources Assessment for Tentative Tract 31816 as submitted. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: A. Commissioner Wright asked that the filling information be brought up at the next meeting. B. Commissioner Puente asked if there was further information on the Historic Preservation Conference. Staff advised they would bring information back as soon as it was available. Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright and Wilbur to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on February 19, 2004. This meeting of the Historical Preservation Commission was adjourned at 3:17 p.m. Unanimously approved. Submitted by: Carolyn alker Secretary 3 266 REPORT/INFORMATIONAL ITEM: IS MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 4, 2004 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: Bill Bobbitt, Dennis Cunningham, and David Thorns. C. Staff present: Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit, Greg Trousdell, 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 changes, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the Minutes as submitted. Staff asked if there were any changes to the Minutes of January 7, 2004. There being no changes, it was moved and seconded by Committee Members Bobbitt/Thoms to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Village Use Permit 2004-021; a request of Coronel Enterprises for review of architectural and landscaping plans for a two story 11,446 square foot commercial office building located at the southwest corner of Calle Tampico and Avenida Navarro. 06,7 GAMDOMALM24-04 WD.doc Architecture and Landscaping Review Committee February 4, 2004 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 Lucas Coronel, Zeke Coronel, Steve Nieto, designer, who stated they were available for any questions. 2. Committee Member Thorns asked the purpose of the building. Mr. Lucas Coronel stated would be an office building. Committee Member Thorns stated the building shows no imagination in the design. It appears to be a block building. It serves the purpose, but does not have any artistic design. 3. Committee Member Cunningham stated the cad drawings do not lend themselves to showing any design details. There is enough detail, but the drawings do not lend themselves to how the building will appear when it is constructed; which is the most important aspect. The downtown is evolving with the Mission/Spanish architectural style and the use of mudded tile is important. The wrought iron is good. They should use similar details as used in the Old Town project. Mr. Coronel stated their presentation was based on staff's suggestions. This building does have a lot of detail on this building. Mr. Nieto stated he too believes there is a lot of detail in the building and went on to elaborate. 4. Committee Member Thorns stated it is still a basic block building, with no imagination. There is a lot of detail in the building, but it does not have any imagination. Mr. Nieto went on to explain the building design. 5. Committee Member Bobbitt stated the responsibility of this Committee is defined and the rest are subjective. Discussion followed as to design criteria for the downtown building. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Cunningham to adopt Minute Motion 2004-002 recommending approval of Village Use Permit 2004-021, as recommended by staff and amended: a. Condition added: the roof shall be a full mudded the roof. Motion carried with Committee member Thoms voting no. 4 G:\WPDOCS\ALRC\2-4-04 WD.doc 2 Architecture and Landscaping Review Committee February 4, 2004 B. Site Development Permit 2003-795; a request of Brighton Properties for review of architectural and landscaping plans for three prototype units with three elevations for each unit for Tract 30138 located at 80-600 Avenue 52. 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 Marie Sanchez and Larry Hughes who gave a presentation on the project. 2. Committee Member Cunningham stated his review of a project is for that which is within public view, unless there is deviation from the direction of the City. He approves of the project as designed, but recommends again, the use of the full mudded tile roof. 3. Committee Member Thorns commended the applicant on the design. He agrees with the use of the full mudded tile. There is a lot of imagination in the design. 4. Committee Member Bobbitt agreed with the design and the landscaping plan. He would recommend using a composite material for the edging as the aluminum edging will deteriorate rapidly. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motion 2004-003 recommending approval of Site Development Permit 2003-795, as recommended by staff and amended: a. Condition added: tile roof. b. Condition added: landscaping. Unanimously approved. the applicant shall use a full mudded a different edging shall be used on the C. Site Development Permit 2004-797; a request of WG Properties for review of architectural plans for a + 7,430 square foot one story office building at 47-350 Washington Street, Lake La Quinta Plaza for the property located on Parcel 6 of Parcel Map 27892, on the west 260 G:\WPDOCS\ALRC\2-4-04 WD.doc 3 Architecture and Landscaping Review Committee February 4, 2004 side of Caleo Bay in Lake La Quinta, north of Omri and Boni Restaurant. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Tim Bunch, architect, who gave a presentation on the project. 2. Committee Member Thoms stated he was serving on this Committee when the first phase was approved, and he is disappointed with the outcome. Architecturally the building is fine, but he would recommend the colors be changed on this building to a more earth tone. 3. Committee Member Bobbitt asked that the planting beds not be placed next to the parking stalls. Mr. Bunch explained there was no room as there is a slope and the ramp is required. 4. Committee Member Thorns suggested the hardscape material be included in the planting beds, maybe cobbled in. 5. Mr. Chuck Truck, contractor for the project, stated he may have problems with ADA requirements due to the grade. Following discussion, it was recommended loose stone be used. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2004-004 recommending approval of Site Development Permit 2004-797, as recommended by staff and amended: a. Condition added: A different color shall be used on the building. Recommendation of earth tone hues compatible with the building next door. b. Condition added: There shall be landscaping provisions for rockscape in the planter area on the north side of the building in front of the parking area. Unanimously approved. G:\WPDOCS\ALRC\2-4-04 WD.doc 4 Architecture and Landscaping Review Committee February 4, 2004 D. Site Development Permit 2003-793; a request of CP Development La Quinta, LLC, for review of development plans for a 133 unit hotel and 132 detached casitas rentals located southeast of the intersection of Washington Street and Miles Avenue. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Dick Oliphant, Frances Wong, Greg Watkins, architect for the project, and Chris Hermann, landscape architect, who gave a presentation on the project. 2. Committee Member Cunningham stated that as one of the main entrances to the City, it is an excellent job. The sensitivity to the residences to the east is good. There is a lot of open space and the taller units are closer to the Washington Street Corridor. He likes the idea that it blends with the residential units and does not make a commercial statement. It will be a great addition to the City. 3. Committee Member Bobbitt stated he agrees with the architectural design. He likes the plainness of the landscape plan with very little shrubbery; however, the plant palette selected shows a lot of shrubbery. He would prefer the clean look. Mr. Chris Hermann, landscape architect, stated they will have a problem with CVWD on the clean look because the drawings illustrate too much grass. Committee Member Bobbitt asked that the date palms proposed to be used in pedestrian traffic area be selected by the landscape architect to ensure they are structurally sound. On the tree selection he would like to delete the jacaranda, mesquite, and Ash trees. Mr. Herman stated they were required to use the Ash trees by the Specific Plan. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2004-005 recommending approval of Site Development Permit 2003-793, as recommended by staff and amended: a. Delete the use of the jacaranda and Ash trees. Unanimously approved. � '71 GAWPD0CS\ALRC\2-4-04 WD.doc 5 Architecture and Landscaping Review Committee February 4, 2004 E. Village Use Permit 2004-020; a request of Old Town La Quinta, LLC for review of development plans for Phase II of Old Town La Quinta, consisting of 58,550 gross square feet of floor space in two buildings located southwest of the intersection of Calle Tampico and Desert Club Drive. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Steve Nieto, designer for the project, who gave a presentation on the project. 2. Committee Member Thoms noted the people spaces and complimented the applicant on the architecture, but still believes the site layout could have been better. 3. Committee Member Cunningham asked about the entrance details and windows. Mr. Neito explained the material and look to be used. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2004-006 recommending approval of Village Use Permit 2004-020, as recommended by staff and amended: a. Recommendation: The applicant should provide an improvement plan for the open space (plaza area). A landscape architect should be hired to design the area. Unanimously approved F. Site Development Permit 2004-798; a request of Summit Team Inc., for L.Q. Investments L.P. for review of architectural plans for a one story, ± 1,192 square foot expansion to the existing Dyson & Dyson Real Estate office building located at 50-981 Washington Street, within La Quinta Village Shopping Center. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Stanford and David Israelsky, who gave a presentation on the project. r) 7 0 GAMDOMALRM-4-04 WD.doc 6 Architecture and Landscaping Review Committee February 4, 2004 2. Committee Members unanimously approved the design of the project. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2004-007 recommending approval of Site Development Permit 2004-798, as recommended by staff. Unanimously approved G. Site Development Permit 2004-799; a request of RJT Homes, Codorniz LLC for review of architectural plans for four prototype single family units and landscape palette located at the southeast corner of Jefferson Street and Avenue 52. 1. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Forrest Haag and Chad Myers who gave a presentation on the project. 2. Committee Member Bobbitt noted the change in land use for this site and the amount of traffic that will be generated. The architecture is nothing outstanding, but meets the need. He asked if the landscape would be maintained by a contractor. Mr. Haag stated yes. 3. Committee Member Thoms complimented the pool area design. 4. Committee Member Cunningham noted parking drives density. This type of project is a good project for the City and the developer has proven to develop excellent products. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2004-008 recommending approval of Site Development Permit 2004-799, as recommended by staff and amended: a. Landscaping plans are to be resubmitted for approval by the ALRC. Unanimously approved 273 G:\WPDOCS\ALRC\2-4-04 WD.doc 7 Architecture and Landscaping Review Committee February 4, 2004 VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Planning Manager Oscar Orci informed the Commission that the Council had approved the issuance of an RFP for design guidelines for Highway 111 properties. 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 March 3, 2004. This meeting was adjourned at 10:41 a.m. on February 4, 2004. Respectfully submitted, B J. SAWYER Executive Secretary G:\WPDOCS\ALRC\2-4-04 WD.doc 8 REPORT/INFORMATIONAL ITEM: /9 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 10, 2004 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 Abels 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, Assistant City Attorney Dave Cosgrove, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of January 27, 2003. There being corrections, it was moved and seconded by Commissioners Tyler/Abels to approve the minutes as corrected. B. Department Report: None. IV. PUBLIC HEARINGS: Chairman Kirk excused himself and left the dais as he had a potential conflict of interest due to the proximity of his residence to the project. A. Sign Application 2003-750; a request of La Quinta Grill and Office Park for consideration of a Planned Sign Program for La Quinta Grill and multi - tenant office buildings located at 78-030 Calle Barcelona. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the report a coy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\2-10-04WD.doc Planning Commission Minutes February 10, 2004 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if there was a construction schedule for buildings B & C. Staff stated the offices have been completed. 3. There being no further questions, and no other public comment, Vice Chairman Abels closed the public participation portion of the hearing. 4. It was moved and seconded by Commissioners Tyler/Quill to adopt Minute Motion 2004-003, approving Sign Application 2003-750, as recommended. The motion carried unanimously. Chairman Kirk rejoined the Commission. VI. BUSINESS ITEMS: A. Minor Use Permit 2000-241, Amendment #1; a request of St. Francis of Assisi for consideration of a request to extend the use of the temporary parking lot for the property located at 47-225 Washington Street. 1. Chairman Kirk asked for the staff report. Planning Manager Oscar Ord 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 recommended they be given an extension to December, 2005. 3. Commissioner Daniels also recommended the application not expire in the month of December due to the amount of Church activity that month. 4. Monsignor Tom Wallace stated he was unaware of the temporary permit and as soon as it was made know to him, they submitted their request for an extension. He then gave a progress report on the project. 5. There being no further questions of staff and no other public comment, Chairman Kirk closed the public participation. I� Ci G:\WPDOCS\PC Minutes\2-10-04WD.doc 2 Planning Commission Minutes February 10, 2004 6. It was moved and seconded by Commissioners Abels/Daniels to adopt Minute Motion 2004-004, approving Minor Use Permit 2000-241, Amendment #1, for a two and a half year extension (August 10, 2006). Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of February 3, 2004. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on February 24, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:14 p.m., on February 10, 2004. Respectfully submitted, BetnJwyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\2-10-04WD.doc 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 24, 2004 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: Interim Community Development Director Oscar Orci, Assistant City Attorney Michael Houston, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit, Greg Trousdell, Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of February 10, 2003. There being no corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. B. Department Report: None. IV. PUBLIC HEARINGS: A. Sign Application 2004-758; a request of I.E.A. Industries, Inc., for consideration of a deviation from a Sign Program to allow corporate colors for a proposed internally illuminated 15 square foot Subway Restaurant sign on the south building facade located at 50-801 Washington Street. G:\WPDOCS\PC Minutes\2-24-04WD.doc Planning Commission Minutes February 24, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the 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 stated the adopted sign program allows a second sign on the buildings west face and wondered if they were asking for a sign at this location. Staff stated no. 3. Chairman Kirk asked if any of the other tenants were using anything other than a white background. Staff stated two of the freestanding pad buildings were allowed channel letter. The only other exception is the Dyson and Dyson building which was allowed a modified cabinet sign. The only in -line tenant that has a deviation is the Pizza Hut. 4. Chairman Kirk asked if the applicant would like to address the Commission. Staff stated the applicant had called and stated he was sick and would be unable to attend. 5. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Tyler/Quill to adopt Minute Motion 2004-005, approving Sign Application 2004-758, as recommended. Unanimously approved. B. Site Development Permit 2004-798; a request of Summit Team Inc. for L.Q. Investments L.P. for consideration of architectural plans for a one story 1,192 square foot addition to the existing Dyson & Dyson Real Estate building located at 50-981 Washington Street, within the La Quinta Village Shopping Center. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the 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 pop out area next to the palm trees. Staff explained the addition. 0 ,73 G:\WPDOCS\PC Minutes\2-24-04WD.doc 2 Planning Commission Minutes February 24, 2004 3. Commissioner Quill questioned why so many boiler plate conditions (#10, #11, #14, #15, #16, etc.) were needed. He would recommend eliminating the conditions that are not necessary. Staff stated that some conditions could be deleted. The conditions do help applicants check to ensure that some of the areas listed are completed. Discussion followed as to the necessity of some of the conditions. 4. Chairman Kirk asked if the applicant would like to address the Commission. There being no applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 5. Commissioner Quill asked that the parapet roof be modified to have a rotunda with a tile roof and exposed rafter tails. 6. Commissioner Tyler asked if any equipment was proposed to be on the roof. Staff stated they did not have any equipment proposed for this new addition. 7. Commissioner Tyler asked that the water feature and palm trees be retained. 8. It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2004-004, approving Site Development Permit 2004-798, as amended. a. Conditions #10, #11, #12, #14, #15, #17, #18, and #20, deleted. b. Condition #2: add the following: "..., if such clearances and/or permits are applicable." C. The rotunda shall be a modified to incorporate a sloped roof with a mudded the and exposed rafter tails. d. The existing water feature and palm trees on the south side of the building's patio will not be changed. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Abels left the meeting due to illness. 0''3 0 G:\WPDOCS\PC Minutes\2-24-04WD.doc 3 Planning Commission Minutes February 24, 2004 C. Site Development Permit 2004-797; a request of WG Properties for consideration of development plans for the construction of a 7,430 square foot office structure located on the west side of Caleo Bay in Lake La Quinta, north of the Omri & Boni Restaurant. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the 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 Quill asked why the extra six feet of width on Washington Street. Steve stated to be consistent with the General Plan as well as Council's policy on deceleration lanes. 3. Commissioner Tyler asked about the Architecture and Landscaping Review Committee recommendations. Staff stated the cobblestone was intended to be a hardscape area for those walking through the planter. The applicant was concerned that it not be identified as a walkway which would require the ADA requirements. Discussion followed regarding ADA requirements and the location of the walkway. 4. Commissioner Tyler asked a out the parking requirements. Staff explained the parking requirements would be based on the tenants. The uses could be restricted if the use creates a greater demand on the parking than the number of parking spaces provided. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Timothy Bunch, architect for the project, explained the building site arid parking layout. 6. Chairman Kirk asked if an one else wanted to speak on this project. Mr. Chuck Topalian,J contractor for the project, explained the purpose of the cobblest ne areas. 7. There being no further ques ions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 8. Commissioner Tyler asked tf at Condition #2 where it references Coachella Valley Unified Sc ool District be changed to Desert Sands Unified School District. r) 4. G:\WPDOCS\PC Minutes\2-24-04WD.doc 4 Planning Commission Minutes February 24, 2004 9. Commissioner Quill asked why California Water Quality Control Board was listed in the conditions. Staff stated NPDS rules are changing and any site over half acre has to have a water plan. Assistant City Attorney Michael Houston stated it is required for both new and currently existing construction depending on its size. 10. Commissioner Tyler asked that Condition #32 be amended to add rock work and delete cobblestone. Condition #35 seems to be subjective and not needed. 11. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Commission Resolution 2004-005, approving Site Development Permit 2004-797, as amended: a. Condition 2: Change CVUSD to DSUSD and add the following: if such clearances and/or permits are applicable." b. Condition #32: Change to "...incorporate rock work..." ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. D. Environmental Assessment 2003-490 and Tentative Tract Map 31816; a request of Mattco Construction for consideration of a recommendation to certify a Mitigated Negative Declaration of environmental impact and a request to subdivide ± 7.75 acres into 26 single-family lots located at the southwest corner of Westward Ho Drive and Roadrunner Lane. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the 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 Roudel Lane was to be a public street. Staff stated yes. 3. Commissioner Tyler asked about the wall along Westward Ho Drive. Staff stated it was Condition #79. G:\WPDOCS\PC Minutes\2-24-04WD.doc 5 4�ti Planning Commission Minutes February 24, 2004 4. Commissioner Quill asked why a clearance was needed from Sunline Transit Agency. Staff noted a letter had not been received from Sunline and it was to ensure they had no issues. 5. Chairman Kirk asked if staff was concerned with putting low density residential into a medium density residential zone in terms of being in compliance with the Housing Element. Staff noted that in the past staff would only be concerned if it was a change from low to a higher density in the surrounding area. The current General Plan is not as specific in regard to density. Interim Community Development Director Oscar Orci stated there are no issues in regard to Housing Element. The project as proposed is consistent with the General Plan. 6. Commissioner Tyler noted the Water Efficient Landscaping condition should be boiler plated and Condition #8 of Public Hearing "G" would be a good example. 7. Chairman Kirk asked if the applicant would .like to address the Commission. Mr. David Hacker, engineer for the project, gave an explanation of the project and stated they agreed with the conditions. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if there were any issues with the grade differential. Mr. Hacker stated no. 9. Chairman Kirk asked how the sidewalk and street would be designed. Mr. Hacker explained they expect to have a curb, small parkway, and eight -foot sidewalk. Chairman Kirk stated he would prefer to see a five foot sidewalk and more landscaping. Assistant City Engineer Steve Speer explained the wider sidewalk was to accommodate bicyclists and pedestrians. 10. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 11. It was moved and seconded by Commissioners Daniels/Tyler to adopt Planning Commission Resolution 2004-006, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-490, as recommended: �83 G:\WPDOCS\PC Minutes\2-24-04WD.doc Planning Commission Minutes February 24., 2004 ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 12. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-007, approving Tentative Tract Map 31816, as amended: a. Condition #53: A five-foot sidewalk shall be constructed on Roudel Lane and Roadrunner Lane and eight feet along Westward Ho Drive, and the parkway landscaping increased. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. Chairman Kirk excused himself due to a potential conflict due to the proximity of his residence and left the dais. Commissioner Tyler was asked to act as Chairman. Assistant City Attorney Michael Houston noted that with Chairman Kirk leaving the Commission, a two -member vote will be a majority vote. E. Village Use Permit 2004-020; a request of Old Town La Quinta, LLC for consideration of development plans for two commercial buildings with 58,550 square foot of floor space in the Village Commercial Zone (Phase 11 of Specific Plan 2001-058 located at the southwest corner of Calle Tampico and Desert Club Drive. 1. Acting Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Acting Chairman Tyler asked staff where the area was that the ALRC wanted landscaped. Staff explained the location. 3. Acting Chairman Tyler asked if the applicant would like to address the Commission. Mr. Wells Marvin stated he was available to answer any questions. 4. Acting Chairman Tyler asked if there were any questions of the applicant. Commissioner Quill asked if there was any thought to a treatment to the sidewalks. Mr. Marvin explained there were 4 G:\WPDOCS\PC Minutes\2-24-04WD.doc 7 Planning Commission Minutes February 24, 2004 problems with drainage as there is no grade. Second, they wanted the site to have an older look. After the landscaping, bicycle racks, etc., are added, it should not be as noticeable. 5. There being no further questions, and no other public comment, Acting Chairman Tyler closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-008, approving Village Use Permit 2004-020, as amended: a. Condition #30: deleted. ROLL CALL: AYES: Commissioners Daniels, Quill, and Acting Chairman Tyler. NOES: None. ABSENT: Commissioner Abels and Chairman Kirk. ABSTAIN: None. Chairman Kirk rejoined the Commission. F. Site Development Permit 2003-793; a request of CP Development La Quinta, LLC for consideration of development plans for a 133 room hotel and 132 associated casitas units located at the southeast corner of Washington Street and Miles Avenue. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the 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 staff to provide information for the entire site. Staff reviewed the project site. Commissioner Daniels asked if the restaurant sites would have their own access. Staff stated no, they would be internal within the site. 3. Commissioner Tyler asked staff to clarify the requirement for parking spaces for the hotel — one or one and a half spaces per room. Staff stated it is 1 parking space per room. Commissioner Tyler questioned why the Commission would be approving grading and park plans. Staff explained the Specific Plan required them to be submitted for Commission approval. G:\WPDOCS\PC Minutes\2-24-04WD.doc 8 0. 8�) Planning Commission Minutes February 24, 2004 4. Chairman Kirk asked for clarification on the reason why the park plan was before the Commission. Staff stated it could be reviewed at a later date as the applicant needs to do some more work on the park plan. Chairman Kirk asked how far the Porte- cochere was within the 150-foot setback. Staff stated it is 133 feet set back or 17 feet into the setback area. Chairman Kirk asked if the Specific Plan sets the height limits or does it rely on the Zoning Code. Staff stated the Conditions are in the Specific Plan. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Richard Oliphant, applicant, gave a presentation on the project and introduced Greg Watkins, architect, Margo Thiebalt, engineer, and Chris Hermann, landscape architect, who gave a presentation on the project. 6. Chairman Kirk asked if there were any questions of the applicant. Chairman Kirk asked if the park site would be a super pad or just graded. Ms. Thiebalt stated it would be a superpad but it is based on the Development Agreement. 7. Commissioner Quill asked how the retaining wall would be softened. Mr. Chris Hermann, landscape architect, stated it would be setback and landscaped. 8. Ms. Thiebalt reviewed the questions she had on the conditions. The Parcel Map creates the individual sites and as it is not before the Commission she questioned Conditions #8 and #11. The Conditions regarding retention basins as well, as the site will not have any. Condition #44.A.3 in regard to the Parcel Map, where all improvements shall be constructed and in place, they would like to post a bond, or security based on an approved plan that would be submitted to the City. Condition #52 refers to residential development and there is no residential component that is before the Commission at this time. 9. Commissioner Tyler asked when the mass grading was proposed to start. Ms. Thiebalt stated when the approvals are obtained. Commissioner Tyler asked if Seeley Drive in its entirety was to be completed in the first phase. Ms. Thiebalt stated yes. Commissioner Tyler asked about the signal at the intersection of Seeley Drive and Miles Avenue. Staff stated it would not be required until the warrants are met. Q G:\WPDOCS\PC Minutes\2-24-04WD.doc 9 4 0 Planning Commission Minutes February 24, 2004 10. There being no further questions, Chairman Kirk asked if there was any other public comment. Mr. Dave Lippert, 78-745 Rockberry Court, stated he did not believe the Specific Plan allowed any access from Washington Street. He was concerned about traffic turning out onto Washington Street. Chairman Kirk noted Seeley Drive did go all the way through and was noted in the Specific Plan. It is not noted on this plan as these plans are for site development only. Assistant City Engineer Steve Speer stated the Specific Plan did note the accesses off of Washington Street and are not before the Commission at this time. They are in a slightly different location. In regard to site line and the wall, there will be a 12 foot parkway (curbline to the right of way line) and an additional 20 feet at the bottom of the retaining wall. In regard to slowing traffic down, the parcel map will define property lines and anticipate a deceleration line will be needed for Seeley Drive as well as the main entrance into the hotel. This is why the Parcel Map has been referenced in the conditions. The City has concerns in regard to the corner of Washington Street and Miles Avenue where they have incorrectly depicted the way the right turn works. They have encroached into an area the City is already using for public right of way. There are also concerns along Miles Avenue. Chairman Kirk asked if there would be a declaration lane on Miles Avenue. Assistant City Engineer Steve Speer stated no, because there already is an extra lane. In regard to the retention basin conditions, Condition #30 will be reworded to be more specific to allow them to drain to the Whitewater Channel. Condition #44.3.c. the last paragraph will be revised to a different milestone. Condition #8 there are dedications that may impact the layout of this site and needs to remain as they may not be able to meet their setbacks. Interim Community Development Director Oscar Orci stated this was a place holder to reserve the right to ask for right of way. Staff would suggest a place holder condition be added to allow the City to impose additional requirements subject to the future entitlements. Condition #52 they have no issue with. 11. Mr. Lippert asked how they could submit applications before they should. Why are they not being required to follow the rules. 12. Ms. Thiebalt stated they had received notification of the problems in regard to setbacks and believe they have solved them. The Parcel Map is not needed in regard to this application. It is a convenience to the developer to transfer title to the individual pad sites. G:\WPDOCS\PC Minutes\2-24-04WD.doc 10 i Planning Commission Minutes February 24, 2004 13. Commissioner Daniels asked if the City had the right-of-way needed if the Parcel Map is not part of this application. Assistant City Engineer Steve Speer stated he has not seen the new map and as long as the applicant understands the City has to have the right-of-way, he has no objections. 14. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 15. Commissioner Quill commended the applicant on the project. As long as the applicant and staff are comfortable with the conditions, he has no issues. 16. Commissioner Tyler agreed. He expressed his concern about approving a grading plan when this is not normally approved by the Commission and staff has not given their approval. 17. Chairman Kirk concurred with the Commission on the project. There is some concern with the retaining wall. He asked if the landscaping would come back to the Commission. Staff stated it could be brought back to the Commission. Chairman Kirk asked that both the landscaping plan for the retaining wall and the park be brought back to the Commission for review. 18. Commissioner Quill stated the grading plan is not a concern to him, but review of the wall in relation to the landscaping is of concern. Assistant City Engineer Steve Speer informed the Commission that the landscaping that was to go in front of the wall is out to bid. The applicant can be required to come back and enhance the plan. The wall requirements are open for discussion. Commissioner Quill stated it is a mistake to not have the landscaping done in concert with the retaining concepts. There should be a way to split this apart to accomplish to have them work together. The public portion should be held out of the bid to allow this applicant's landscape architect to work with City staff to design something that works together. Assistant city Engineer Steve Speer stated there was a time constraint on applying for the federal funds that will be paying for the landscaping and therefore the plans have been drawn and sent out for bid. Discussion followed as to possible alternatives. Commissioners asked that staff review the landscaping plan to ensure it works with the retaining wall. 288 G:\WPDOCS\PC Minutes\2-24-04WD.doc 11 Planning Commission Minutes February 24, 2004 19. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-009, approving Site Development Permit 2003-793, as amended: a. Condition #30: applicable conditions regarding drainage to be revised. b. Condition #44.3.c.: last paragraphs will be revised. C. Condition #52: deleted. d. Condition #71: Amend to allow the Park plan to go through the normal review process. e. Condition #76 & 77: deleted. ROLL CALL: AYES: Commissioner Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. Chairman Kirk recessed the meeting at 9:30 and reconvened at 9:35 p.m. G. Site Development Permit 2003-795; a request of Brighton Properties for consideration of architectural and landscaping plans for three new single- family prototype residential units each with three different elevations located at 80-600 Avenue 52. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the 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 questioned staff about the chart in the staff report. Staff explained the chart. Staff noted the recommendation of the ALRC of the mudded tile roof. 3. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Marie Sanchez, representing the applicant, gave a presentation on the project. She would like to use the mudded tile on the front and S-tile on the rear. She had no objections to the conditions. 4. Commissioner Tyler asked about the ALRC recommendation about replacing the aluminum edging for the landscaping. Ms. Sanchez stated they would like to keep the newer aluminum product. G:\WPDOCS\PC Minutes\2-24-04WD.doc 12 r� Planning Commission Minutes February 24, 2004 5. Commissioner Quill stated the S-tile could be mudded to get the look and keep the cost down. 6. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 7. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-010, approving Site Development Permit 2003-795, as amended: a. Condition: roof may be S-tile if mudded. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. H. Environmental Assessment 2004-501 and General Plan Amendment 2004-099; a request of the City for a request to certify a Mitigated Negative Declaration of environmental impact and a General Plan Amendment to add a Program to the Traffic and Circulation Element to allow traffic signals within 1,060 feet of intersections throughout the City. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. Assistant City Engineer Steve Speer made a presentation on the three Options. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if all the options depending upon having the gate at Highland Palms an emergency only. Staff stated all of the Option 2s are dependent upon the emergency gate only. 3. Commissioner Quill asked if there was assurance from Caltrans that the lights could be synchronized with the Highway 111 signals. Staff stated they are in the process of working this out with them. G:\WPDOCS\PC Minutes\2-24-04WD.doc 13 �' Planning Commission Minutes February 24, 2004 4. Commissioner Tyler asked the distance from Highway 111 to Channel Drive and Simon Drive to Highway 1 1 1. Staff stated it is 700 feet to Channel Drive and 900 to Simon Drive. 5. Commissioner Tyler asked about problems with the cul-de-sac on Option 2. Staff clarified it is based on having two way traffic. The north half would use this access instead of Highway Palms and that is where the traffic would be generated from. 6. Chairman Kirk asked if the default alternative presented by the applicant could have an acceleration lane for those leaving Plaza La Quinta that would work with the deceleration lane for this project. When Washington Park is constructed Washington Street will be constructed to six lanes with a median and there may be an opportunity for this to happen. 7. Commissioner Tyler asked if the Environmental Assessment would be affected by the different Options. Staff stated the Environmental Assessment is based on staff's recommendation of Option 2. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Rick Wilkerson, representing the applicant, gave a presentation on the project. 9. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if Option 2.0 reflects the default option should the applicant not be able to purchase the houses. Staff stated no; staff would have to amend the conditions for Option 3. Commissioner Quill asked about the letter from Keith Companies, for Washington Park, that indicated the traffic warrants do not warrant a traffic signal at Simon Drive. Assistant City Engineer Steve Speer stated he believes the intent is that they do not want to pay for the signal. 10. Chairman Kirk asked if there was any other public comment. Mr. Fred Huerta, 78-590 Singing Palms Drive, stated the traffic from the St. Francis of Assisi Church causes extreme traffic. He believes Option 3 would not work with this amount of traffic. With Option his property is one that would have to be purchased. The developers offer on his property so far is too low. He was concerned that his property would not be purchased at its market value. 9 G:\WPDOCS\PC Minutes\2-24-04WD.doc 14 4 l Planning Commission Minutes February 24, 2004 11. Mr. Don Rector, 46-450 Cameo Palms Drive, stated his concern was the amount of traffic that would be generated with the different options. He would prefer Option 2.C. 12. Mr. John Hendricks, 46-555 Cameo Palms, stated Option 2.C. is the preferred option of everyone. 13. Ms. Karen Broch, 78-395 Singing Palms, stated she supported Option 2.C., even though she would not be affected by the project as she is further down the street. Her concern is that her neighbors would be affected by the constant traffic which would be a detriment to the neighborhood. 14. Mr. Bill Sanchez, owner's representative for Washington Park, stated their concern is that when they went through their entitlement process, the traffic report for their development showed there was not enough traffic to warrant a traffic signal. They are in opposition to contributing to a traffic signal at Singing Palms. They could install a signal between Avenue 47 and Simon Drive if warrants required it. There concern is that if a signal were installed is there any guarantee that the synchronization between Highway 111 and this signal can remain; will Caltrans keep it in place. If not, it can be a negative impact on the traffic flow. 15. Mr. Aldo Corcini, 46-975 Highland Palms, stated he would like the Commission to consider the default option if Option 2 is not workable. 16. Ms. Michael Bendadell 46-875 Highland Palms Drive, voted for the option that would keep her streets the same. 17. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 18. Commissioner Tyler stated the options that dump the traffic on to the frontage road are unacceptable. The only option that makes sense is Option 2. 19. Commissioner Daniels stated he also believes Option 2.0 is the best alternative. G:\WPDOCS\PC Minutes\2-24-04WD.doc 15 '2 9 `� Planning Commission Minutes February 24, 2004 20. Commissioner Quill stated he too believes Option 2.0 is the best alternative. 21. Chairman Kirk thanked the audience for staying the duration of the meeting and thanked staff for their presentation. He is concerned about having five traffic signals within two miles and the ability to keep them synchronized. 22. It was moved and seconded by Commissioners Daniels/Tyler to adopt Planning Commission Resolution 2004-01 1, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-501, as recommended. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 23. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-012, approving General Plan Amendment 2004-501, as recommended. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. I. Environmental Assessment 2003-479, General Plan Amendment 2003- 094, Zone Change 2003-1 15 and Tentative Tract Map 31348; a request of Madison Development, LLC for consideration to certify a Mitigated Negative Declaration of environmental impact, General Plan Amendment and Zone Change to change the land use and zoning designations from Medium Density Residential and Community commercial to Low Density Residential; and the subdivision of 37.72 acres to allow 73 lots for the property located at 46-201 Washington Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Commissioner Tyler asked staff if there were any substantive changes to the tract map other than those changes directly related to the revised entry. Staff answered no. J G:\WPDOCS\PC Minutes\2-24-04WD.doc 16 4 Planning Commission Minutes February 24, 2004 3. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-013, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-479, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 4. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-014 approving General Plan Amendment 2003-094, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 5. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-015 approving Zone Change 2003-1 15, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 6. Staff requested the Commission consider the default Option in case Option 2.C. is not obtainable, Option 2.A.1 7. Commissioner Quill asked if they had to approve a default option as this provides the opportunity to make it easy for the applicant to not acquire the properties. He is adamant that if they cannot cause Option 2.C. to be the option, he will not vote in favor of the project. Assistant City Attorney Michael Houston clarified the Commission does not have to specify that there is a default. The result is that the Subdivision Map Act does not permit the City to require a developer to make improvements which require the obtaining of title in property which is off -site. The City is then left with the possibility of proceeding through eminent domain. Should the City chose not to do so, essentially there is no egress or ingress as a result of not specifying a default option. Commissioner Quill asked if the developer then has the right to sue. Assistant City Attorney Michael Houston stated no. The Map Act states that if the City conditions approval of off -site improvements and the title to those off -site improvements cannot be obtained, the City has 120 days to determine whether or not to G:\WPDOCS\PC Minutes\2-24-04WD.doc 17 294 Planning Commission Minutes February 24, 2004 proceed with the eminent domain action. Should the City choose not to do so, the off -site improvement obligation is deemed waived for purposes of approval of the final map. Meaning the City cannot disapprove the final map for failure of them to obtain the two lots that are necessary. This puts the City in an interesting position, because at that point, the City's failure to exercise eminent domain results in their not being any ingress or egress to their property pursuant to what we have approved. It is up to Commission as to whether or not they want to specify a default option. It does make sense to do so. Commissioner Quill stated that for purposes of discussion, he would still not specify the default option and let the City Council make the determination as to whether or not they want to declare eminent domain. 8. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-016 approving Tentative Tract Map 31348, as amended: a. Condition: Option 2.C. only. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued — Public Nuisance Case 9693; a request of Robert and Barbara Valdivia for consideration of an appeal of a public nuisance determination for the property located at 54-360 Avenida Juarez. 1. Chairman Kirk informed the Commission there was a request to continue this item to the meeting of March 23, 2004. It was moved and seconded by Comm issionersTylers/Daniels to continue Public Nuisance Case 9693 to March 23, 2004. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of February 17, 2004. J G:\WPDOCS\PC Minutes\2-24-04WD.doc 18 4- Planning Commission Minutes February 24, 2004 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on March 9, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 1 1:00 p.m., on February 24, 2004. Respectfully submitted, qB5�y awyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\2-24-04WD.doc 19 Department Report: 1 — A 44 f Ohl OF T9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: March 16, 2004 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the March 2, 2004, City Council meeting: 1. Mark Moran, P. O. Box 1305, La Quinta, spoke regarding the need to change the existing ordinance to allow Sunday and holiday construction in specified commercial zones. • Council referred the matter to staff. A Department Report is before Council today addressing this issue. DEPARTMENT REPORT: MARCH 13 MARCH 16 CITY COIUNCIUS UPCOMING EVENTS TINY TOT OLYMPICS - FRITZ BURNS PARK 9:30-11:00 A.M. CITY COUNCIL MEETING MARCH 18 SENIOR CENTER ST. PATRICK'S LUNCHEON 11:30 A.M. -1:30 P.M. MARCH 18-21 LA QUINTA ART FOUNDATION ARTS FESTIVAL MARCH 26 SENIOR CENTER MULTI -GENERATIONAL TALENT SHOW AND ICE CREAM SOCIAL 7:00 P.M. -10:00 P.M. APRIL 6 CITY COUNCIL MEETING APRIL 7 SENIOR CENTER SENIOR SPORTS DAY - BRUNCH - AWARDS CEREMONY 8:00 A.M. -11:30 A.M. APRIL 10 ANNUAL EGG HUNT - LA QUINTA COMMUNITY PARK 9:00 A.M. APRIL 15 SENIOR CENTER VOLUNTEER RECOGNITION LUNCHEON 11:30 A.M. - 2:00 P.M. APRIL 20 CITY COUNCIL MEETING APRIL 24 COMMUNITY PICNIC & BIRTHDAY - FRITZ BURNS PARK 10:00 A.M. MAY 4 CITY COUNCIL MEETING MAY 8 LA QUINTA FIRE STATION DEDICATION - 9:00 A.M. MAY 13 SENIOR CENTER HOE-DOWN LUNCHEON/ DESSERT BAKE -OFF COMPETITION 11:30 A.M. -1:30 P.M. MAY 18 CITY COUNCIL MEETING JUNE 1 CITY COUNCIL MEETING JUNE 15 CITY COUNCIL MEETING JUNE 17 SENIOR CENTER SALAD DAYS LUNCHEON 11:30 A.M. -1:30 P.M. March 2004 La Quinta City Council Monthly Planner 1 2 3 4 5 6 I: 6:00 PM United Way 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR �j Dinner Meeting 7:00 PM Cultural Arts Ntl. Mnmt-Henderson Commission q 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:90 AM RCTC- 9:30 AM Animal Campus- 9:30 AM - 11:00 AM 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins Tiny Tot Olympics - Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Energy/Envi• Fritz Burns Park 12:00 PM Transp-Perkins Commission Advisory Board Sniff 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson St. Patrick's 2:00 PM City Council Day ix Meeting La Quinta Arts Festival 21 22 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 3:00 PM Historic Preser- 1st Day of Spring 4:00 PM DRRA Airp- vation Commission Osborne La Quinta Arts Festival 28 29 30 31 IN 6:00 PM CVAG-Exec February April Com-Adolph S M T W T F S S M T W 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 3/9/2004 n J iJ V April 2004 La Quinta City Council Monthly Planner .. .. March May S M T W T F S S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 31 3031 4 11 IN. 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 12:00 PM Energy/Envi- Meeting Sniff 7:00 PM Cultural Arts Commission 9:00 AM Annual Egg Hunt - La auinta Community Park 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-Perkins Commission Advisory Board 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. . 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 10:00 AM Community 2:00 PM City Council Henderson Picnic & Birthday - Fritz Meeting Burns Park 25 26 27 ' 28 29 30 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 i , Printed by Calendar Creator Plus on 3/9/2004 May 2004 La Quinta City Council Monthly Planner 2 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors Lunch 1 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson 6 Happy 21st Birthday La Quints 8 9:00 AM La Quinta Fire Station Dedication 9 10 11 12 13 14 15 7:30 AM CVEP•Adolph 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus - Ow 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Perkins Mother's Da y Perkins 12:00 PM Transp-Perkins 7.00 PM Planning 5:30 PM Investment 12:00 PM Energy/Envi- 3:00 PM Mtns. Con -Sniff Commission Advisory Board Sniff 6:00 PM League- 7:00 PM Cultural Arts Henderson Comrssion 7:00 PM Com. Serv. ILeanue of California Cities Legislative Action Da s Comm. 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 23 24 25 26 27 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM OKRA Airp- Osborne W June 29 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 3/9/2004 3'�'ti DEPARTMENT REPORT: �. f��itrGv � 5 w5 OF L 9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety—rI4- DATE: March 16, 2004 RE: Monthly Department Report - February 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of February. The reports depict the following highlights: • Year to date building permit valuation is $44,336,163.78 which represents an issuance of 704 building permits through February; • 324 animal control cases have been handled through February; • 239 code compliance cases have been initiated through February; • $1,010.00 - garage sale permit income in February 3C'3 cM GO (D O (D O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0) to 0 (V O Vi 0 Vi O ff! 0 (A O f:? 0 w 0 w O ER O (A 0 (A 0 � O Efl o ER 0 Efi M N U 0 LO p g� � a tV IL w U mo o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 0 0 0 o 0 O o (o r o. = Oi (M o (:) v o E9 0 V9, 0 w 0 E9 0 ok 0 w 0 w 0 ER 06 w w 0 (ri 0 to 0 C9 o C9 ri In Z z (f Go Csi O � 60 efl w Q r O O O M O Ln 0) r GO n GD O co (1) co u) O t() GO O O O 0 O O 0 N In � ao GD GO 0 w M GO C Nr 1- w h (0 0) 0 0 O 0) O O O O Oi aT (h N 6 CD of sf Ul) M Cl) 0 r CV w w r th cr w O N E9 ILD N LO O N O co w r H (6) VA ti cl ER N (H O .0' 1- tfi (H c7 W. M N W w w w vi w W W I� (() O O co M M CM 0 O N (O O O O O r O O O to f� I� Ln O O O O GO LO O r O N DD CD W (o O Gy IT 03 M M h cCl)mr � O 0 GO O Co O 0 w 1� M r M N O GH O 0 V u) 4 N d i H C r M w r r w r w M h 0) w w (n N N CD ,• r Z O W) M r r (9 r EH w w V H (9 w w O Co O O O M Ln O O O O O O O O O O M O O O O O O O O O O O Cl Ih O N H O U M) r 0 (n 0) O 11- N U7 0 w M O (A OD W m O O ER C O O O 0 cV (D (D LID a to N 1� O N O O 0 n O o 'T r ZCL G N V c0 M M Ln r co � (h � C7 H O> cli, Ni M U N Z J �60CY � vii, bl. cq v INNN N O w ��a � a 69 W O W O o o OD o 0 0 O O 0 O 0 r 0 O 0 O o cM L) (D 0 0) 0 O 0 M o 1- GD n r a 3 m Q i CD O C (o 0 LQ d' O CD O O 0 Oi GO C w 1A N 0 h st N - (O (D F U Z W Z N CMC cc r iOf) (00 LO 00) O L 0) r O � r) GOD 0) 0) r Go - L CD N 4 O M O - OD O M qt w GO Vi w q1t w M r V• Cl 0) GO �t qt to CH N NV) M UW) r r t~i w6-0r w w m CrIl ER w N Z ID to CD O (D O O O O CD O O O O O (D O O O O ID M M) 0 ClO O O O MR O tq O) p Ci co r O w (D r (() N 0 O 0 O O O (n N r M O w M N (o NIL) Ih O Icl co N Cl) w m = Z (D 0) � � - O (o H N � N O Cn � � GO co N 0 M r GD O 0) LO GAD � GOD � � t0) co co E:! (A r w N r Vi � w r O r r (f) O GD r 0 O r M OD O Cl O N M r M Cl � CO CA Cq Im N r 0 J � W 1,- W) O O r 0) r 0 0) N N M N GD 1- N— N GD r r O r r r r {} 0 r N r t] Z C7 Z w W= JLU WCD J W a r Q 0 0 )() O O H O LO N N (f) O - (o 'a co a r � (n w Q w m p M ~� U Q w o < p � W } � � J J Q Z O —1 Q Z O w U Q Q Q a�� a Q Z LO za� z U- Qo m (4 J JFO w W U _0 - O OO O W O W Q Q Z O w w(� i a 0 iaZ U H ANIMAL CONTROL REPORT FOR: February, 2004 Jackie Misuraca and Moises Rodarte (Steve Alexander on OJI) Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO Feb 04 DATE 04 DATE 03 HANDLED DATE 04 DATE 03 Dogs Alive 38 62 58 Bite Reports 2 4 8 Dead 1 4 6 Animal Trap OTI 1 7 1 Set Ups 3 7 15 Cats Alive 20 34 14 Cruelty to Dead 8 14 14 Animals 0 0 0 OTI 2 2 0 Other Animals Alive 11 20 5 Vicious Animal Dead 2 2 21 Restraining 4 4 0 OTI 0 0 0 TOTAL ANIMALS Special Hour Patrols 0 0 0 Alive 69 116 77 Zoning 0 0 3 Dead 11 20 41 Lost/Found 36 72 73 OTI 3 9 1 Animal Rescue 0 0 4 Outside Agency 0 0 2 TOTAL ANIMALS REMOVED City Reclaims 14 21 23 Other 9 13 27 83 145 119 TOTALS 68 121 155 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 18 0 4 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 1 3 Other 0 0 0 MONTHLY TOTAL 18 1 7 YEAR TO DATE 30 1 27 TOTAL MONTHLY INCIDENTS HANDLED: Feb 04: 177 Feb 03: 170 TOTAL YEARLY INCIDENTS HANDLED: Feb 04: 324 Feb 03: 439 .S J 3 CODE COMPLIANCE STAT REPORT FOR February Feb 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 66 121 263 Weed Abatements Started 3 3 19 Vehicle Abatements Started 167 199 109 Dwelling Abatements Started 3 6 1 TOTAL STARTED 239 • 329 392 TOTAL COMPLETED 110 382 256 Case Followups 352 504 645 Home Occupation Inspections 12 29 32 Business License Inspections 1 1 0 Garage Sale Permits Issued 101 264 358 3C 4 W FROM: DEPARTMENT REPORT: q' A • !t 4 4 " MEMORANDUM Honorable Mayor and Members of the Council Tom Hartung, Director of Building and Safety --r 4 VIA: Thomas P. Genovese, City Manager DATE: March 16, 2004 RE: Construction Hours At the March 2, 2004 City Council meeting, Mark Moran spoke under public comment regarding amending the regulations restricting construction hours. He also provided written correspondence which is included as Attachment 1. This topic was considered by the City Council on December 2, 2003, at which time the Ordinance regulating construction hours was amended. The staff report and minutes from that meeting are included as Attachments 2 and 3 respectively. If the City Council desires to reconsider this item, staff will bring it back at a future meeting. 3}'7 ATTACHMENT 1 Mark S. Moran & Associates March 2, 2004 Honorable Mayor Don Adolph and City Council City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 Hon. Mayor Adolph: Recently, my client STAMKO Development Co., was requested to stop work on a Sunday. STAMKO is finalizing the Marshall's Department Store. The reason that Code Enforcement cited STAMKO for the Stop Work was Ordinance No. 393 as amended to the City Municipal Code section 6.o8.050. It appears that in December of last year the Council made an amendment to this ordinance in order to stop construction on Sundays and Holidays to provide a level of peace and quiet for nearby residents. I of course agree with that premise. In a spirit of compromise I am suggesting that you once again amend the Code to allow for construction on Sundays and Holidays through a permitting process. This amendment would pre - identify areas within Highway iii and some of it's side streets and other commercial areas where sufficient distance from residential neighborhoods exist, so as to mitigate construction noise. A Developer would apply for the permit which allows the City to regulate noise on those days. I am suggesting the following: �.) That the City initiate a permitting process for construction projects that lie within a commercial zone on Sundays and Holidays. 2.) That City Staff determine those zones, based on their proximity to residential housing, that can accommodate permitted construction on Holidays and Sundays. 3.) That the process be simple and handled at the Building and Safety counter by designated staff. I realize that there maybe other considerations that the City and the Staff will need to add or to analyze in order to provide this additional service but, a business friendly City and it's staff can always find a way to meet our growing communities needs. Thank you in advance for your kind consideration. Mark Moran P.O. Box 1305 La Quinta California 92253-1305 (760) 564-3761 Facsimile: (760) 564-8350 lrmafl: mmoranl@dc.rr.com 3 $ T4ht 4 4 Qum& COUNCIL/RDA MEETING DATE: December 2, 2003 ATTACHMENT 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: Consideration of an Ordinance Amending Section 6.08.050 of the La Quinta Charter and Municipal Code PUBLIC HEARING: Relative to Disturbances by Construction Noises RECOMMENDATION: A). Motion to take up Ordinance No. further reading. B). Motion to introduce Ordinance No FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: by title and number only and waive on first reading. At the November 18, 2003 City Council meeting, staff was directed to bring the issue of construction hours back for review and possible amendment. Section 6.08.050 of the La Quinta Charter and Municipal Code lists the permitted hours for construction activities (Attachment 1). Staff recommends amendment of several portions of the section for clarification purposes. Attachment 2 is a red - lined version of the recommended changes. Attachment 3 is correspondence submitted by Mr. Wells Marvin requesting review of construction hours. The first is to list the Government Code Holidays referred to in the section. This will remove any confusion as to what holidays are covered by the Ordinance. The following are Government Code Holidays by definition, because they have been adopted by the State as well as the City: New Year's Day (January 1) Dr. Martin Luther King Jr. Day (third Monday in January) President's Day (third Monday in February formerly Washington's birthday) Memorial Day (last Monday in May) Independence Day (July 4) 3 Labor Day (first Monday in September) Veteran's Day (November 1 1) Thanksgiving (fourth Thursday in November) Christmas Day (December 25) [It may be noted that the City recognizes additional holidays not on the State list (i.e., the day after Thanksgiving). Staff does not enforce construction hours on these days.] At the direction of the City Council, any of these holidays may be excluded for the purposes of the proposed Ordinance. Staff also recommends the deletion of wording that restricts work during certain hours, only if it creates noise that "disturbs the peace and quiet of any person of normal sensitivity." This criterion is subjective and causes enforcement controversy. The proposed language would prohibit all construction activities outside of listed hours and would not be dependent on the level of noise being created. Staff is not recommending that restrictions be changed to vary depending on the zone in which the construction is taking place. While most would agree that the residential zones should be protected, some may feel that the commercial zones should be exempt from restrictions because construction noise wouldn't disturb anyone. A contradiction to that assertion, however, could be made by outside diners in the Village and elsewhere who could find construction noise disturbing during their dining experience. Additionally, residential properties may be approved within or abutting commercial zones. Currently, all approved plans issued to builders are stamped with the permitted construction hours. Pending the City Council's action on this item, an additional stamp listing the Government Code Holidays will be added to the approved plans. Finally, with respect to other requests and assertions contained within Mr. Marvin's letter, staff has denied the request for extended hours and would not recommend that enforcement personnel be required to locate property owners prior to enforcing on -site code violations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A). Motion to take up Ordinance No. by title and number only and waive further reading. B). Motion to introduce Ordinance No. on first reading; or 2. Do not motion to take up Ordinance No. by title and number only and waive further reading and do not motion to introduce Ordinance No. oi}, 4 first reading; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building and Safety Approved for submission by: Mark Weiss, Acting City Manager Attachments: 1. LQMC Section 6.08.050 2. Redline version of Section 6.08.050 3. Correspondence from Mr. Wells Marvin i ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING AND REPLACING SECTION 6.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO DISTURBANCES BY CONSTRUCTION NOISES THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 6.08.050 of the La Quinta Charter and Municipal Code is hereby repealed and replaced as follows: 6.08.50 Disturbances by construction noises A. It is a nuisance and it is unlawful, for any person to be engaged or employed, or for any person to cause any other person to be engaged or employed, in any work of construction, erection, alteration, repair, addition to, or improvement to realty, except between the hours set forth as follows: October 1' Monday — Friday: seven a.m. to Through five -thirty p.m. April 30' Saturday: eight a.m. to five p.m. Sunday: none Code Holidays*: none May 1' Through Monday —Friday: six a.m. to seven September 30th p. M. Saturday: eight a.m. to five p.m. Sunday: none Code Holidays*: none * For purposes of this section, the following shall be considered Code Holidays: New Year's Day (January 1) Dr. Martin Luther King Jr. Day (third Monday in January) President's Day (third Monday in February formerly Washington's 1 6 birthday) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veteran's Day (November 1 1) Thanksgiving (fourth Thursday in November) Christmas Day (December 25) B. No person doing or causing work prohibited by subsection A of this section, after being informed orally or in writing that the work is in violation of Section A, shall fail, refuse or neglect to cease said work. Exceptions: 1. Emergency repair of existing installations or equipment or appliances; 2. Construction work complying with the terms of a written early work permit which may be issued by the city manager or his designee, upon showing of sufficient need due to hot or inclement weather, or the use of an unusually long process material, or other circumstances of unusual and compelling nature. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2003, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) �� 13 T STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. JUNE S. GREEK, City Clerk City of La Quinta, California 8 Redline Version of Existing Ordinance Attachment 2 6.08.51 Disturbances by construction noises A. It is a nuisance and it is unlawful, for any person to be engaged or employed, or for any person to cause any other person to be engaged or employed, in any work of construction, erection, alteration, repair, addition to, or improvement to realty, except between the hours set forth as follows_; if he noose OF etheF sound pFedueed by the WOF'( 06 Of SUGh intensity OF quality October 1' Monday — Friday: seven a.m. to Through five -thirty p.m. April 30" Saturday: eight a.m. to five p.m. Sunday: none Government Code Holidays: none May 1" Through Monday —Friday: six a.m. to seven September 30" P. m • Saturday: eight a.m. to five p.m. Sunday: none Government Code Holidays*: none • For purposes of this section the following shall be considered Government Code Holidays: New Year's Day (January 1) Dr. Martin Luther King Jr. Day (third Monday in January) President's Day (third Monday in February formerly Washington's birthday) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veteran's Day (November 11) Thanksgiving (fourth Thursday in November) Christmas Day (December 25) 9 B. No person doing or causing work prohibited by subsection A of this section, after being informed orally or in writing that the work kaTGaus d neiseOF sounds wh;eh d8StUFb any ether peFSOn'S nean_e and quiet, is in violation of Section A, shall fail, refuse or neglect to tales whateverseps OF use d8 tUFb the ether nerSen'n neaee and quie+ to cease said work. Exceptions: 1. Emergency repair of existing installations or equipment or appliances; 2. Construction work complying with the terms of a written early work permit which may be issued by the city manager or his designee, upon showing of sufficient need due to hot or inclement weather, or the use of an unusually long process material, or other circumstances of unusual and compelling nature. �Af 10 City Council Minutes 7 ATTACHMENT 3 Mayor Adolph stated he recalls. Council wanting something to honor both public safety agencies and maybe doing it in the memory of Deputy Bruce Lee, whether a statue or something similar to the other memorials in the Civic Center Campus. He reference_ d "picture books" at the Arts Festival last year and stated he felt it would be an outstanding piece of art for the children's section of the now library. Council Member Perkins suggested the possibility of designing a sculpture of a police officer looking at the firefighter and child and putting them. next to each 'other. Council Member Henderson stated she feels the RFP .should be re -distributed to provide some choices for something that clearly honors both fire and police. After a brief discussion, Council concurred to direct staff to redistribute the RFP for an art design that clearly signifies both fire and police safety personnel for an amount not to exceed $100,000. No action was taken. r- 4. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO DISTURBANCES BY CONSTRUCTION NOISES. Building & Safety Director Hartung presented the staff report. In response to Council Member Perkins, Mr. Hartung advised gardening equipment is under a separate section of the Zoning Ordinance. Council Member Osborne asked how the allowable working hours were determined, and if the City hears complaints from other contractors. He also asked who is contacted on site about the code violation. Mr. Hartung indicated the hours have been a part of the City's ordinance since incorporation and probably were adopted from the County ordinance. The hours generally go along with Daylight Savings Time and summer hours because of the heat. He stated the complaints received are usually related to holidays. that are recognized only by public entities, .and suggested the possibility of deleting some of them. Notification of the violation is usually �-- given to the superintendent's. office or the foreman in .charge. I r 11 City Council Minutes 8 December 2, 2003 Council Member Sniff noted all of the City's holidays are Federal holidays. He doesn't support deleting any of them because they each have singular honors for singular groups of people. In response to Council Member Henderson, Mr. Hartung confirmed if contractors were allowed to work on holidays, it would be similar to working on Saturdays when they can't get inspections.. He stated Veteran's Day, Martin Luther King's Birthday, and President's Day are usually observed only by public entities. He doesn't know how the neighboring cities handle this issue. Council Member Henderson stated she would have to have more information before considering any changes. She agrees with stamping the information on building plans to eliminate confusion. Mayor Adolph stated he has mixed feelings about this. He asked how owner/builder construction is handled, and if the City responds to violations in gated communities. Mr. Hartung stated the same rules apply for owner/builders. As for gated communities, he stated staff would respond to violations if called. In response to Council Member Henderson, Mr. Hartung confirmed since City Hall is closed on holidays, Code Enforcement responds to violations only if called. Mayor Adolph noted this issue came up because one contractor was stopped and he complained about others working so they were stopped. Council Member Osborne stated he doesn't believe the City should mandate that these businesses close. He feels some of the holidays could be deleted to eliminate undue burden on the construction industry, and noted it means less pay for some that don't get paid for holidays. Mayor Adolph stated he doesn't want to put undue' burden. on the construction industry but doesn't feel the tranquility of residents should be disturbed either. Council Member Perkins stated he feels it should be up to Code Enforcement to determine if the construction noise is disturbing anyone. Council Member Henderson asked if staff foresees any complication allowing. interior work to continue. Mr. Hartung advised it is difficult to enforce the 313 12 City Council Minutes 9 December 2, 2003 regulations if they are subjective. He recommended listing the restricted days and hours and enforcing them. Council Member Osborne suggested deleting Martin Luther i(ing's Birthday, President's Day, Memorial Day, and Veteran's Day. Council Member Sniff disagreed, and stated he supports- staff's recommendation. Council Member Perkins stated he feels it's a matter of enforcement, and feels it's wrong for one contractor to ask the City to change its rules in order to finish his project. In response to Council Member Henderson, City Attorney Jenson explained Section 6.08.50(B) indicates no person shall fail . to take corrective action once informed of the violation. She recommended "Government Code" be deleted before "Holiday" since some "Government Code" holidays are not observed by the City. MOTION It was moved by Council Members "Snff/Henderson' to take up Ordinance .No. 393 by title and number only and waive further reading. "— Motion carried with Council Member Osborne voting NO. ORDINANCE NO. 393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING AND REPLACING SECTION 8.08.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO DISTURBANCES BY CONSTRUCTION NOISES. it was moved by Council Members Sniff/Henderson to introduce Ordinance No. 393 on first reading as amended (deleting the reference to "Government Code"). Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Adolph NOES: Council Member Osborne ABSTAIN: None . ABSENT: None r'• 13 DEPARTMENT REPORT: 5 Tilf 4 4v Q" TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 16, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF FEBRUARY, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of February. 0 P:\Monthly Report Folder\FEB 2004.doc - Last printed 3/9/2004 4:50 PM 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT FEBRUARY 2004 PROJECT DESCRIPTION CUP'S 0 submitted Development Agreements 0 submitted Environmental Assessments 4 submitted General Plan Amendment 2 submitted Lot Line Adjustments 4 submitted Minor Adjustments 3 submitted MVP's 8 submitted Parcel Maps 0 submitted Parcel Mergers 1 submitted Sign Permits 10 submitted Site Development Permits 2 submitted Specific Plans 1 submitted Tentative Tract Maps 4 submitted TUP's 6 submitted Zone Change 2 submitted Zoning Code Amendments 0 submitted P:\Monthly Report Folder\FEB 2004.doc - Last printed 3/9/2004 4:50 PM V�`� 2 z 0 V Q � U 0 aQ-0-0 C 0 rn > N C +, CL � co cc >• +r�° � M 7 co OU J j C C U 0) rn M _j U) U)O U w- a M O � C ;+� C co �a CO N N a-o ++ O N 0 N � ;++ O R OCQ �� 0 0 NN M 't I I (�U aU N N>> N 0 > O C c I> O Q 'C 'C c O aao o+� n QQUU a°'iQ ' I I I Co C)CY) � 0 0 CO-- 0 0 0 ON�N L-04 `� a— -0 N M U , I , I I CL �UU 2a.UUzaUaU N > O a Q I �d 0 0 N0 N M I I UU C C co t C +� {cn-+ O c c L C t ° 6 0 O m �, ca J' C C +, +' +� co o �' c O a) co C '� ca o 0 E w Lo CO a co co o m +, O O o co L +., N U _ ++j �0 '0 O '+J +_ U C C U C_ 0 O V N w p O U �= C ++ > C 'V N 'C p U '` co O O O > O C E? 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U U U M N M M � C C m O CL Q 0 0 0 J J C O c O 06 N C C- � +O+ O V Y C S cU C N LL C J C O '� O N 2 a m 00 U 'd 0 0 N GO W Ga N 'd O N O a a 0 / DEPARTMENT REPORT: ___.S0— OF. T 9 TO: Q1918 DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY C NCIL DODIE HORVITZ, COMMUNITY SERVICES DIREC le MARCH 16, 2004 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF FEBRUARY 2004 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF APRIL 2004: April 2 *Beginning Pilates Class April 5 Beginning Pilates Class, Senior Center April 6 *AARP Tax Assistance April 6 *Tap Dance Class April 6 *Adult CPR & First Aid Class April 6 *Dog Training Class April 6 Tae Kwon Do, Senior Center April 7 *Senior Sports Day April 10 Annual Egg Hunt & Chalk Drawing Contest, La Quinta Park April 12 *Stained Glass Class April 12 *Introduction to the Internet Computer Class April 12 Spring Break Camp, Recreation Trailer April 13 *Watercolor Lessons April 13 Spring Break Camp, Recreation Trailer April 19 Beginning Computers, Senior Center April 14 *Introduction to the Computer Class April 14 *Digital Photography Computer Class April 14 *Sketching/ Drawing Class April 14 Beginning Belly Dance, La Quinta High School April 14 Spring Break Camp, Recreation Trailer April 15 *Senior Center Volunteer Banquet April 15 Spring Break Camp, Recreation Trailer April 16 *Evening Ballroom Dance/ Social April 16 Spring Break Camp, Recreation Trailer April 20 *AARP Driver Safety Program r• ,1 ..s�8 April 20 Italian for Travelers, Senior Center April 21 *"Make Your Own Jewelry" Class April 21 Mastering Microsoft Word, Senior Center April 21 Couples Country Western Dance, La Quinta High School April 22 *Ballroom Dance Workshop April 24 Annual Community Picnic & Birthday Bash, Fritz Burns Park April 26 * Hatha Yoga Class April 26 Classic & Latin Ballroom Dance, La Quinta High School April 26 Yoga Flexibility Flow, Senior Center April 27 *Arthritis Tai Chi Class April 27 Hatha Yoga, Senior Center April 28 Yoga Somatica, Senior Center *Daytime Senior Center class or activity 3�9 � Community Services Program Report for February 2004 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Leisure Enrichment Beginning Computers 7 9 -2 3 4 Mastering Microsoft Excel 7 0 7 2 0 Hatha Yoga 5 33 -28 4 2 Yoga Flexability Flow 4 0 4 2 0 Yoga Somatica 2 0 2 2 0 Yoga Package e 6 0 6 4 0 Yoga 100 Bonus 4 0 4 8 0 Beginning Pilates 7 0 7 6 0 Tae Kwon Do 8 0 8 2 0 Adobe Photoshop Beginning7 4 3 1 3 Adobe Photoshop Advance 5 0 5 1 0 Absolute Dog Obedience 4 0 4 3 0 Classic Latin Ballroom Dance 10 6 4 3 1 Totals 76 621 241 41 10 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Big Bear Siding & Snowboarding 10 0 10 1 0 Neighborhood Pet Show 110 27 83 1 1 Totals 120 27-r 931 2 1 2004 2003 2004 2003 Participants Participants Variance Meetings Meetin s Adult Sports Open Gym Basketball 278 382 -104 15 16 Adult Soccer League 220 140 80 2 Totals 1 4981 522 -241 15 18 Recreation Totals 1 6%1 6011 931 al 29 F" 1 J Mnnthly Revenue - Facility Rentals Senior Center $ 15,056.00 $ - $ 15,056.00 Parks $ 250.00 $ - $ 250.00 Monthly Facility Revenue $ 15,306.00 $ - $ 15,306.00 Year to Date Facility Revenue $ 50,118.00 $ - $ 50,118.00 U^nthly Ravans,a Senior Center $ 15,669.50 $ 11,043.00 $ 4,526.50 Community Services $ 1 8,118.00 $ 10,136.00 $ 2,018,00 Total Revenue $ 23.787.50 1 $ 21,179.00 $ 2,608.50 Ravanua Vaar to hate Senior Center $ 87,035.25 $ 68,954.00 $ 18,081.25 Community Services $ 101,508.00 $ 1 55,138.00 $ 1 46,370.00 Total Revenue to Date $ 188.643.25 $ 124,092.00 $ 64,451.25 in Program Community Services Department Attendance Report for the Month of February 2004 Summary Sheet 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 76 152 -76 41 57 2 Special Events 120 498 94 542 26 -44 2 18 18 Adult S rts Senior Center 1932 1794 138 148 124 Total 2626 2582 44 209 201 Senior Services 461 479 -18 24 24 Senior Center 461 479 -181 24 24 Total Sports Complex Use 0 28 6 0 Desert Storm Baseball 28 5 14 La Quinta Sports & Youth 100 800 -700 11 14 Total 128 800 -672 LQ Communitv Park 0 28 6 0 Desert Storm Baseball 28 0 AYSO 880 0 880 24 LQHS Softball Boosters Club 25 0 25 1 0 Total 933 0 933 31 0 Facility/Park Rentals Senior Center 350 0 350 2 0 (Private Pa 300 0 300 8 0 (Churches) LQ Community Park 0 200 5 0 Private Part) 200 Total 850 Oj 860 15 0 Total Programs 4,998 —3,8611 18271 2901 239 H Volunteer a..pa Senior Center 4251 868 -443 Total Volunteer Hours 4251 868 -433 2)5 Senior Center Attendance ParUcipaltion ParUcipaUon Variance I Mes ngs Meeltings Senior Activities ACBL Bride 288 355 -67 4 4 Bridge, Duplicate/Social 591 574 17 14 14 Dog Training, Complimentary 9 10 -1 1 1 Evening Dance 51 0 51 1 0 Monthly Birthday Party 40 41 -1 1 1 Monthly Luncheon 99 96 3 1 1 Movie Time 53 64 -11 4 4 Seminars 42 50 -8 3 2 Senior Activity Total 1173 1190 -17 29 27 Senior Leisure Classes Arts and Crafts 44 33 11 4 4 Ballroom Dance 33 30 3 4 3 Bridge Lessons 84 84 0 8 14 Ceramics 10 11 -1 4 3 Computer 80 63 17 22 17 Dog Training Class 31 17 14 71 2 Exercise 56 55 1 111 11 Golden Tones 92 93 -1 4 4 Knitting 11 15 -4 1 1 Pilates 19 0 19 4 0 Quilting 37 28 9 4 3 Rug Hooking 11 15 -4 3 3 Sketching/DrawingSketching/Drawing 16 11 5 3 4 Spanish 31 33 -2 3 3 Stained Glass 7 10 -3 4 2 Tai Chi 45 16 29 4 3 Tai Chi for Arthritis 19 0 19 4 0 Tap Dance 43 32 11 8 8 Watercolor 39 16 23 7 4 Woodcarving 11 26 -15 2 2 Writing 5 0 5 3 0 Yoga 35 16 19 51 6 Senior Leisure Classes Total 759 604 155 A191 97 TOTAL SENIOR PROGRAMS 1932 1794 138 148 124 Senior Services AARP "55" Course 32 26 6 2 2 AARP Tax Aide 54 61 -7 4 4 FIND Food Distribution 292 263 29 4 4 I.I.D. Energy Assistance 19 26 -7 7 7 I.I.D. Energy Assistance/NO fee 6 14 -8 4 4 Legal Consultation 5 12 -7 1 1 Medicare/Hi Cap Consultation 7 8 -1 2 2 Volunteers 46 69 -23 n/a n/a TOTAL SENIOR SERVICES 461 479 -18 24 24 SENIOR CENTER TOTAL 2393 2273 120 172 148 3�3 A DEPARTMENT REPORT: S T4&t 4 4v Q" TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: March 16, 2004 RE: Public Works/Engineering Department Report for February 2004 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. mothy R na s n Public Works Dir ctor/City Engineer 334 CO H O a w r J H Z O 2 U H LLI Qa H �w fn _ �O z U 2w C w O O O o O 0 O 0 O 0 O 0 O 0 HCOCCMCCM (�OO�OOOFAOV w _j N T- Ln , Ln 6% e- � LO M 0 � w V W w LL O H F`0000000 Z 0 0 0 0 0 0 0 mOOOMOOri N M w 64 4a w LL. 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N N O mN cc 0 uiam E co > (A -o 4-0 xC a �� OC O occ d 'µme0E Q o c N c O a) E c aD E c a E OL Cwv 0 HJQ OM r- � c t ac o 0 o : o � a se >-+ -0 C ca a) CL .X 0. fl. E 'fl c O O i ea d U. LL Ln � 2 w N cn Q ca to CC F- J m v4 F- MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: February, 2004 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 8 Men 1 Men 0 Man 1 Man Total 1000 Policing/Inspection 111 9 0 21 141 1001 Pot Hole -Repair/Patching 40 0 0 1 41 1002 Crack/Joint-Repair 0 01 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 43 2 0 0 45 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other concrete Repairs/Const. 14 3 0 0 17 1009 Street Sign Install (New) 62 1 0 0 63 1010 Street Sign Repair/Maint 47 1 0 1 49 1011 Debris Removal 14 2 0 1 17 1012 Right of Way Maint. 42 0 0 0 42 1021 CLEAN Catch Basin Inlet/Outlet 6 2 0 0 8 1022 Rondo Channel Outlet/Vault 0 1 0 0 1 1022A I Desert Club Outlet/Vault 0 0 0 0 0 1023 1 Retention Basins Repair/Maint. 5 11 0 0 6 1024 Gutter/Median Sand Removal 0 1 0 0 1 1025 Street Sweeping (Machine) 141 0 0 0 141 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 1 0 0 1 1028 Dust Control 01 0 0 0 1029 Flood Control 21 0 0 2 23 1031 Parks/Retention Basins Inspection/Clean-t 68 4.5 0 21 93.5 1041 Mowing/ Weeding, Shrubs & Tree Trimmi 21 0 0 1 22 1051 Landscape/irrigation Contract Managerner 0 27 0 15 42 1052 Lighting/Electrical Contract Management 0 14.5 0 12 26.5 1061 Small Tools Repair/Maint. 0 2 0 0 2 1062 Equipment Repair/Maint. 13 4 0 0 17 1063 Vehicle Repair Maint. 281 0 0 0 28 1081 Trash/Litter/Recycable Removal 23 2 0 0 25 1082 Vandalism Repairs 4 5 0 0 9 1083 Graffiti Removal 62 6 0 01 68 1084 Maint. Yard Building Maint. 27 11 0 0 28 1085 Seminars/Training 15 0 0 0 15 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 237 23.5 0 0 260.5 1088 Meeting 24 3 0 231 50 1089 Office (Phone, paperwork, reports, Misc.) 34 11.5 0 381 83.5 SUBTOTAL 1102 128 0 1361 1366 1091 Over Time 45 8 0 0 53 1094 Jury Duty () 0 0 0 0 0 1095 Sick Leave 56 24 0 0 80 1096 Vacation 34 0 16 50 1097 Holiday 64 8 0 8 80 1098 AWOP 24 0 0 0 24 1099 Bereavement 0 0 0 0 0 SUBTOTAL 223 40 0 287 TOTAL HOURS 1325 168 0 J327 1653 TOTAL MILES 4861 1009 0 6197 DEPARTMENT REPORT: 7 CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT February 2004 34 City of La Quinta La Quinta Police Department Captain John Horton, Commanding February 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Sunday. 02-01-04IM 0424 hrs-Deputy Harter responded to the 53000 block of Ave. Alvarado to investigate a domestic dispute. Upon arrival, he met with victim, Sean Chiranian. Chiranian said he and girlfriend, Alicia Cardona of La Quinta got into an argument. During the argument, Cardona struck Chiranian with an unknown object causing him to have a bloody nose. Based upon the physical evidence, Deputy Harter arrested Cardona for battery on spouse and booked her into the Indio Jail. Sgt Pina working robbery patrol contacted 15, sixteen year old 11th graders from LQHS, having a super bowl party at the 51000 block of Calle Guatemala after three motorists complained about their vehicles being egged causing them to lose control and scaring the drivers very much. One other unidentified motorist actually contacted the group of kids and threatened to "kick their ass", prior to my arrival. Two other motorists circulated around the area and found me talking to the kids, These two motorists were very much in favor of prosecution, but only one could identify the culprit juvenile, of Indio. The second driver decided after rethinking that he only wanted the car washed of the egg on the windshield. The suspect who was identified by the second driver agreed to the washing of the cab of the victim 2002 Toyota truck. The driver changed his mind about the prosecution, but wanted a report done. At 1647 hours, Deputy Pierce arrested Jose Preciado, of Indio for poss. of a controlled substance during a vehicle stop at Jefferson and Hwy. 111. Monday. 02-02-04 (58): 0050 hours, Dep. Bianco arrested Jonathan Chapman for a driving under the influence warrant at the 51000 block of Ave. Cortez. Chapman was the suspect in an assault investigation. The assault will be filed out of custody. Tuesday. 02-03-04 (69): 1200 hours - Deputy Lewis responded to the La Quinta High School reference a suicidal student. The 14 year -old juvenile stated she was depressed and wanted to kill herself. The juvenile also claimed she has attempted suicide three times in the past month. She was transported to Indio Mental Health for a 72-hour evaluation. Wednesday, 02-04-04 (591: Deputy Lewis responded to the 77000 block of Calle Monterey regarding a violation of city ordinance. The owner of the residence, Michael Edwards, is continuing to live inside the residence after it has been deemed "inhospitable" by La Quinta Code enforcement and posted as such. Edwards is allowed to be at the residence to conduct "repairs" but not be there after darkness or live there. The residence has been deemed inhospitable due to Edwards not paying his electric bill for a long time and having a balance due of $2200.00. Extra patrol is requested at the location to prevent him from living there or removing the signs. Thursday, 02-05-04 (98): 2000 hours - Deputy Myers arrested Maryann Willeford for a felony poss. of a controlled substance warrant report during a probation search at the 51000 block of Avenida Ramirez. She was booked into the Indio Jail. 3 4 3 Friday. 02-06-04 (70): 2107 hours - Deputies working the burglary prevention program in the city of La Quinta, including members of the La Quinta SET team served a search warrant at the 53000 block of Calle Estrella, in Coachella. The search warrant was for items ordered through the fraudulent use of a credit card from a La Quinta resident. Once the search warrant was served the majority of the items ordered were recovered with an estimated value of $2000.00. A female subject identified as Janet Lane was arrested for fraudulent use of access cards or account information and theft of access cards or account information. During the investigation she confessed to the crime. The case agent was Deputy Mario Martinez. Saturday. 02-07-04 (41): 0220 hours - Deputy Harter responded to the 52000 block of Eisenhower, La Quinta to investigate an unattended death. James Allen was found deceased by family members. No signs of foul play. Severe Emphysema is the suspected cause of death. Allen was under the care of Desert Regional Hospital Hospice with a DNR order. Deputy Coroner Orr was notified. Sgt. Jimenez responded to the scene. Deputy Hernandez responded to a call of a "bullet" in the road at Colima and Bermudas. The bullet was a 60-mm illumination round. HDT called and responded to pick it up. Deputy Anderson later called me to compliment Deputies Hernandez and Alexander for the way, in which the call was handled, including proper safety procedures and area sealed off. The round was probably pieced together from scavenged ordnance off of military training area and was inert. IPD called regarding a found gun. A homeowner in the 53900 block of Obregon had taken his boat that was parked in his yard and was in Indio to have service done when he found a .380 handgun that was apparently tossed into it from the street. No record on the gun. CSO Diaz is picking it up from IPD. Deputy White investigated a Cat burglary at the 79000 block of Horseshoe, La Quinta. Edward Hama reported that during night someone entered via kitchen window, took cash, laptop, purse and exited through door. This is close to area where Deputy Pierce lives; she also had burg last night, see earlier entry. Deputy Hendry investigated major hit of vandalism during the night, taggers, looks like they started in Indio and worked West, Red and blue paint, front of Big Five and Staples from the roof line, the back of the building and Stater Brothers as well, LQHS. Sunday. 02-08-04 (61): 0035 hrs-Deputy Orr made a vehicle stop in the area of Eisenhower Dr. and Washington St. He met with the driver, Jacob Tapia and the passenger, David Teran. He issued Tapia a citation for driving without a license, evidence of financial responsibility upon request and failed to stop for flashing signals. A computer check showed Teran had a misdemeanor warrant for unlawful assembly. Teran was issued a citation for the warrant. Monday. 02-09-04 (8 0212 hrs-Deputy Donivan stopped a vehicle for failing to stop at the posted stop on Washington St. near the Beer Hunter Bar. He met with the driver, Kriston Rose, of Palm Spring. While talking with Rose, Deputy Donivan saw that she had the signs of being under the influence of alcohol. After doing poorly on her FSTs, Rose was found under the influence of alcohol and arrested for driving under the influence of alcohol. Her breath test showed her BAC to be .16. Rose was booked into the Indio Jail. 0823 hours, Dep. Lewis responded to the 54000 block of Vallejo reference Donald Hanson, 46 years old, reporting that his wife, Joann Jones, kicked him and threw a cell phone at him hitting him in the eye during an argument about his not making enough money. His left eye was blackened. She was arrested for spousal abuse. Tuesday, 02-10-04 (98): 1800 hours - Deputy Martinez arrested Raymond Siqueiros and Alyssa Galvan for burglary and receiving stolen property, and Siqueiros also was charge with poss. for sale at Washington and S.R. 111. These subjects were seen leaving the burglary site and both of them admitted being involved in the burglary. They were also found in possession of four bindles of methamphetamine and a pipe. Wednesday, 02-11-04 (91): No significant activity to report Thursday, 02-12-04 (100): Deputy Ervin arrested Carlos Mercada, at 53825 Calle Madrid for violation of restraining order. Friday, 02-13-04 (104): 0240 hours - Deputy White responded to the 53000 block of Avenida Diaz regarding a suspect info call. The reporting party called dispatch to report that a wanted person was staying at her house. Dispatch was provided the name and later confirmed that Jamie Rios had three felony H&S warrants. Rios was booked into the Indio Jail. 0338 hours - IPD pursued a vehicle (newer Silver VW bug) into the City of La Quinta. The vehicle lost control and rolled over at Dune Palms and Nuevo. IPD requested our assistance after the suspect fled the scene and the vehicle was determined to be stolen. During a search of the vehicle, IPD Officers located a Deputy's duty weapon stolen during a recent burglary. IPD and La Quinta Deputies searched the area for approx. 3 hours but never located the suspect. IPD handled the TC and have possession of the weapon for latent search. Deputy Pierce was notified. Saturday, 02-14-04 (60): No significant activity reported Sunday, 02-15-04 (63): No significant activity documented Monday, 02-16-04 (52): 0204 hrs-Deputy Donivan stopped a vehicle in the area of Calle Tampico and Ave Mendoza for a stop sign violation. He met with the driver, Michael Silva and noticed his had the signs of being under the influence of alcohol. After failing his Field Sobriety Tests, he was arrested for driving under the influence. Silva refused to submit to the PAS or a chemical test. He was booked into the Indio jail. La Quinta Resort received notification of a bomb threat around 1PM. It turned out that one of the employees that does corporate work for them has a business line and works from her home. The call went into that line which is in Corona. Male voice said there was a bomb on one of the properties and it would go off in three hours. She has caller ID and the printout showed CA Dept Corr with a 909 340 1769 source. On call back a male answered and said it was a mistaken number. I called the number and someone picked up twice but did not speak. Criss cross -showed subscriber as Kelly Oxley, of Corona. That is large mobile home Park and no space was given. Corona is handling a nuisance call and is trying to track info on Oxley. We checked grounds as much as practical and departed. This may be related to labor dispute, KSL recently purchased Del Coronado in San Diego and are changing staff and perks, about 80 picketed La Quinta Resort last week. 1450 hours, Deputy Bashe arrested Dora Leon for a court order violation- 166(c ) 1. P.C. at the 83000 block of Alvarado Avenue in the City of Thermal. Leon went to her mother's home in violation of the court order. Tuesdav, 02-17-04 (107): 0001 hrs-Deputy Donivan made a bicycle stop in front of the 51000 block of Ave Velasco. The bicyclist identified herself to be Nory Ruth Wallace of San Bernardino. While talking with Wallace, Deputy Donivan noticed she had the signs of being under the influence of a central nervous stimulant. Based upon his observations, he arrested Wallace for under the influence of a controlled substance and booked her into the Indio Jail. At approx. 1600 hours, we responded to the 53000 block of Avenida Mendoza regarding a subject found deceased from gunshot wounds. The gunshot victim was identified as Brian Donald Estler. Estler was recently paroled, and was the subject who had made threats to kill Deputy Morris in the past. Once sufficient deputies arrived on scene entry was made into the residence with guns drawn based on the victim's past history of violence towards Peace Officers. Estler was found in a bedroom lying in supine position. He appeared to have been shot in the mouth. The case was initially treated as a homicide and it was later determined he had apparently committed suicide. C.H.U, Indio Station investigations, I.D., Tip were called to the scene. The suicide was handled on a patrol level. Wednesday, 02-18-04 (68): 2315 hrs - Deputy Donivan made an occupied vehicle check at the Ralphs parking lot located at Washington and Calle Tampico. The occupants identified themselves as Brandon Ratcliff of La Quinta, Tracy Dahlke of La Quinta, and Ramon Baca of Indio. Upon making contact with the occupants, Deputy Donivan witnessed Ratcliff smashing a meth pipe on the pavement with his shoe. While talking with occupants, Deputy Donivan noticed Ratcliff had the signs of being under the influence of a central nervous stimulant, possibly methamphetamine. Ratcliff was arrested for under the influence of a controlled substance and poss. of paraphernalia and booked into the Indio Jail. Dahlke and Baca were not charged with anything and released. 1500 hours - Deputy Lewis arrested Gina Ayala for attempt burglary. Ayala was suspected of stealing some tools from the Home Depot. Corporal Perez found the suspect in the Thermal area, and conducted an infield line up. The suspect was positively identified and the stolen tools were recovered. Thursday, 02-19-04 (78): No significant activity Friday, 02-20-04 (82): 1000 hours - Deputy Burbach was contacted at the La Quinta Middle School reference report that 12 year old 7th grader was in possession and had been distributing cannabis. The student was called into office by security and patted down and shoes removed, as it was believed he had it in his shoes. During the search Deputy Burbach observed bulge in socks. The student refused to be searched further however after discussion with supervision, search was approved and he was told he could not refuse. He pulled off sock and had one baggie with marijuana and several empty except for residue bags. The juvenile was suspended five days and will be referred to YAT. 34U Saturdav, 02-21-04 (56): 2350 hours - Deputy White was dispatched a call concerning two overdue hikers. The reporting party, Cinda Holbach phoned the Sheriff Department advising her husband and friend had not returned for their hike in the Santa Rosa Mountains. According to Cinda, Paul Holbach and Collin Joyner planned on hiking from the La Quinta cove via Bear Creek Trail up to Sugarloaf caf6. She estimated their start time to be approx. 1000 hours on the 20th. At approx. 1230 hours, she received a phone message from Paul advising they had lost track of the trail but were at the top of the mountain. Cinda was expecting them home at approx. 2000 hours. Deputies located Paul's vehicle at the Bear Creek trailhead and Collins vehicle near Sugarloaf caf6. Several attempts were made to contact them via cell phones but no one answered. Cpl. Arredondo and CDF personnel initiated a search of the surrounding area near Sugarloaf but were unable to find them. D.S.A.R.T. was notified at 0130 hours and will respond at daybreak to initiate search. RSO Aviation was also notified and will respond at daybreak due to weather, darkness and terrain. Desert Search and Rescue located the lost Hikers at 1130 hours. The hikers suffered minor injuries but in good condition. * At 1940 hours, Deputy Ortega responded to the 46000 block of Dune Palms, in reference to a mentally disturbed subjects breaking the front windows of his mother's residence, and claiming that someone inside the residence was trying to kill him. Upon his arrival, Deputy Ortega contacted Ernest Peraza, which appeared to be under the influence of a controlled substance. Peraza admitted to using "Glass" and taking his mother's anti -depressant medication. Peraza was arrested for under the influence of a controlled substance and booked into Indio jail. Sunday. 02-22-04 (40): Deputy Reynolds responded to suspicious person call in area of Jefferson and Westward Ho. HMA, no shirt was going through mailboxes. Upon arrival the suspect, Ernest Beraza, same subject booked last night, pulled away and ran from Reynolds who pursued and tackled him in open field at Horseshoe and Westward Ho. He continued to resist and 11-11 was called. Units responded and we all arrived within 30 seconds of each other, about four minutes after call went out. Dispatch advised that a neighbor was assisting Deputy Reynolds in the field. Just as we arrived Reynolds, who had not been able to respond on the radio broadcast that they had subject in custody. Beraza continued to yell that "they" were going to kill him He was booked for resisting arrest and under the influence of a controlled substance. He states he took no further drugs after being released this morning. Appeared to be high meth intoxication. Monday, 02-23-04 (38): No significant activity documented Tuesday, 02-24-04 (88): Deputy Gaunt arrested Antonio Pina Huertas 20 years of Coachella for DUI at Hwy 111 and LQ Dr. Wednesday, 02-25-04 (91): 2255 hours - Deputy Coleman arrested Paul Levario for a felony poss. of a controlled substance warrant during a traffic stop at Eisenhower and Calle Ensenada. Levario was booked into the Indio Jail. Thursday. 02-26-04 (81): 0054 hours - Deputy Orr responded to the La Quinta High School to investigate a suspicious person being detained by school security. Deputy Orr arrived on scene and contacted security officer, Leo Atkins. According to Atkin, he responded school after he was notified of alarm activation. When Atkins arrived on scene, he found Steven Hill on school grounds. Atkins detained Hill and phoned the Sheriffs Department. Hill was found in possession of a wrench and a small flashlight. Deputy Orr and Atkins checked the school and found the girls locker room door ajar. They checked inside but found no signs of forced entry into any of the lockers or offices. Upon further search of the school grounds, Deputy Orr located a black bag containing a pair of roller blades. It is unknown if the roller blades were stolen or accidentally left behind by a student. Hill was placed under arrest for tresspassing and poss. of burglary tools. Hill also had a felony poss. of a controlled substance warrant. He was booked into the Jail. SRO / Deputy Brooker was notified ref. the roller blades. At 2015 hours, Deputy Pierce arrested Jerome Yudkoff, of La Quinta for driving under the influence of alcohol during a vehicle stop at Jefferson and Miles. Friday. 02-2744 (74): No significant activity to report Saturday. 02-28-04 (79): 0320 hours - Deputy Moore arrested Janell Moreno for DUI following a traffic stop at Hwy 111 and Adams St. She was booked into the Indio Jail. 2337 hours - Deputy Myers responded to the 78000 block of Siena Ct., La Quinta, to investigate a domestic dispute. He arrived and contacted Kirsten Morlock. She stated her husband; Walter Morlock (38 years) had assaulted her following an argument. According to Kirsten, Walter pushed her to the ground and struck her on the side of her head with a closed fist. Kirsten managed to grab a phone and lock herself in a bathroom. Walter forced the door, broke the phone she had and disconnected the others. Walter was arrested and booked into Indio Jail for spousal abuse and disconnecting a phone line. 1735 hrs-Deputy Pierce responded to a hit and run call at Eisenhower and Calle Madrid in La Quinta. Upon arrival, met with witnesses that said they saw the suspect vehicle run over and damage a stop sign. The witnesses said the suspect was at Ave. Carranza and Calle Temecula. The suspect was driving a blue 1970 Chevelle with black racing stripes. Deputy Pierce drove to Ave. Carranza and Calle Temecula and met with the suspect. Based upon witness and suspect statements, she arrest Shane Simmons of La Quinta for diving under the influence and hit and run and his passenger Adam Simmons of La Quinta for resisting arrest and public intoxication. All were booked into the Indio Jail. Sunday. 02-29-04 (62): 2005 hours, Deputy Ortega arrested Rafael Mondregon for public intoxication at Calle Sonora and Avenida Mendoza, in La Quinta, during a call that was received by dispatch. Deputy Ortega responded to Calle Sonora and Ave. Mendoza reference a man down call. Upon his arrival, he found a Rafael Mendragon passed out in a driveway. Because Mendragon was intoxicated to the point where he could not care for his safety, he was arrested for public intoxication and booked into the Indio Jail. Total calls for service: 2100 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT February 2004 School: La Quinta High School Deputy: Robert Brooker 16- Criminal Reports 6- Non Criminal Incidents 11- Arrests 15- DA Filings 1- YAT Referrals 0- Traffic Stop 4- Vehicle Checks 5- Business Checks School Session: February 2"d through February 27th, 2004 Highlights: • This period of time began during the winter break. I assisted the school staff with school related problems and parents who are having problems with their high school age children. In those cases I referred the parents and students to the Student Assistance Program at the District Office, and conflict mediation at LQHS. • 1 handled incidents of vandalism, multiple truancies, fights between students, students in possession of marijuana, petty theft, two separate traffic collisions in the staff parking lot, and a death threat made by a female student towards another. • 1 assisted other agencies, such as Child Protective Services, Palm Desert Police, and Indio Police, in contacting La Quinta High School Students in both criminal and non -criminal incidents, which occurred on and off school grounds. • A California Highway Patrol Investigator, who informed me his dispatch has received about 450 prank 911 calls from a cell phone that started as a prank and progressed to death threats to the dispatchers, contacted me. From a tape of several calls, I identified the background noise as office announcements during lunch, and the name of a teacher at this school mentioned by the caller. The next day, in a stroke of luck, an anonymous student reported the name of a student making strange calls during lunch. I provided the CHP with the name, photo, and class schedule of the student, and DSUSD uniforms as a cover. The following day, the CHP caught the student, in the act of, making another prank 911 call and they took him into custody. J !y CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT FEBRUARY 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position February 29tn HIGHLIGHTS • Investigated a vandalism involving a female student. Student wrote on DSUSD binder and was referred to YAT. • Handled a possession of a knife and alcohol on school grounds. This incident involved the same female student above. Student was suspended from school and the report was sent to the Juvenile DA. • School fire alarm was falsely activated. My investigation revealed two female students pulled it at the end of school day. Both students were contacted and admitted to pulling it. Both were referred to YAT. • School Bus driver on morning bus found a discarded marijuana pipe on her bus. Pipe was taken as found property. No suspect leads or information available. • Student was found in possession of an object that is commonly used to smoke marijuana. Student was suspended and referred to YAT. • Handled a follow up to a battery that occurred in January. Student admitted to committing it and was referred to YAT. • Two students found in possession of marijuana. Both were suspended and case was referred to YAT. • Student was charged with the truancy and referred to YAT. • Student made a verbal comment to teacher after being disciplined by that teacher. Report taken for documentation purposes. • Received information regarding student in possession of marijuana. Student was contacted and marijuana was found in his sock. Referred to YAT. • 8th grade student found in possession of a BB gun. Referred to YAT. �0 La Quinta Police Department Special Enforcement Team (Dep. Coleman, Dep. Myers, Dep.WederU, Cpl. Black) The following is a summary of the Special Enforcement Team activities for the month of December. Ongoing Investigations 4 Probation Searches 3 Parole Searches 1 Arrests/ Filings 8 Vehicle checks 14 Business Contacts 8 Investigation assists 2 Arrest Warrants Served 3 Arrest Warrants Attempted 6 Programs 1 Pedestrian Checks 18 Crime Prevention Hours 340 Bar Checks 3 Back-ups 25 Follow-ups 16 Search Warrants 0 Meetings 2 Recovered Stolen Property 2 Citations issued 3 Surveillance's 0 Property Checks 24 Civil Commitments 0 Bicycle Time 0 Training Hours 56 Illegal Drugs Seized 1.5 gm Total Mileage: 1325 miles Noteworthy Accomplishments: ♦ Arrested Maryann Willeford 37, of La Quinta for possession of Methamphetamine. ♦ Arrested Paul Levario 29, of Indio for an outstanding felony warrant for possession of Methamphetamine. During search incident to arrest, located a switchblade knife and drug paraphernalia. ♦ Probation search involving Steven Hill 54, of North Shore. Hill was found in possession of weapons in violation of his probation case filed with the District Attorneys office. ♦ La Quinta SET Team conducted a follow up investigation of two burglaries involving suspect Ramiro Diaz 24, of La Quinta. Diaz' fingerprints were located on the victims vehicles'; case will be filed with the District Attorneys Office. ♦ Grand theft investigation involving Jerry Moreno 25, of La Quinta. Case filed with the District Attorneys Office. ♦ Recovered Stolen golf clubs during consent search of residence in PGA West, investigation continuing. 351 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS FEBRUARY 2004 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign Violations Signal Light Violations Child Seat Violations 238 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 1 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 9 32 12 1 0 8 50 1 11 29 HIGHLIGHTS 020504 - Non -injury T/C @ Westward Ho. And Dune Palms. PCF 21703 CVC. 020604 - Non -injury T/C @ SR 111 and Depot Dr. PCF 21703 CVC. 021204 - Non -injury T/C @ Jefferson and Via Maravilla. PCF 22100.5 CVC. 022804 - Non -injury T/C @ SR 111 and Simon Dr. PCF 21658(a) CVC. 1 93 0 3v4. . 1 7 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler FEBRUARY 2004 Summary of Months Activity Type of Activity Number of Incidents Burglary Investigations 11 Grand Theft Reports 1 PettyTheft Reports 8 Vandalism/Malicious Mischief Reports 8 Vehicle Theft or Recovery Reports 1 Traffic Collision Reports 4 Vehicle Code or Parking Citations 39 Abandoned Vehicles Tagged w/ Warning 12 Towed Vehicles 11 Lost or Found Property Reports 1 Public Assistance 14 Follow Up to Previous Cases 15 Custodial and Non -Custodial Transports 1 14 Area Checks of La Quinta Skate Park 1 15 3A City of La Quinta Community Oriented Policing Office and Volunteers Report February, 2004 Highlights: • The volunteer program presently has twelve volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. • We maintain the volunteer goal of staffing the CPO on a full time basis. • All volunteers receive ongoing training in all areas. In March classes will begin once per month in all departments to familiarize all volunteers with various procedures throughout the department. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the Crossroads system from the COPS Office. One and possibly two volunteers will assist in implementing the Crime Free Multi Housing Program in March. One volunteer is assisting with weapons identification. One volunteer is assisting with Crime Analysis. • Other volunteers are being training in various departments as the need arises to assist in business as it pertains to La Quinta and as general training. • 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 Current Month YTD Totals (4/03 to Prasantl Hours 205 1 420 - ------ ---- -- - ------- 1,896 Visits 140 1 276 1,558 3%5,4 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 February 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard There were 2 training meetings for Post 503 Explorers during February (4 and 11). The meetings covered defensive tactics, upcoming competition event practice, building searches, and directing traffic. Crime Analyst Jennifer Richards conducted the tug-of-war training for the upcoming Colorado River Competition. Deputies Manuel Alvarado, Andy Martinez and I handled the building searches. Deputy Michael Bolton led the defensive tactics. I taught Explorer Post 503 Explorers how to direct traffic. Explorer Post 503 members volunteered and assisted with the following events: 1. Indio Date Festival, south side parking lot, directing traffic (several thousand vehicles) on February 14, 15, 16, 21, and 22, and 2. Assisting deputies inside the Date Festival grounds at the entrance gates on a few nights during the February 13-22 National Date Festival. One upcoming event is the Riverside County Sheriffs Department 2004 Explorer Academy. The academy will be at the Ben Clark Training Center in Riverside from August 1-5. Several Post 503 members are preparing to attend the 2004 Explorer Academy. '_ -- C 35J � t r CITY OF LA Q UINTA CRIME STATISTICS SUMMARY JANUARY2004 CITY OF LA QUINTA JANUARY CRIME COMPARISONS CRIME JANUARY 2004 JANUARY 2003 YTD (04) YTD (03) HOMICIDE 0 0 0 0 RAPE 1 0 1 0 SEX CRIMES (FEL) 0 0 0 0 SEX CRIMES SD 1 1 1 1 ROBBERY 4 1 4 1 ASSAULT L 10 4 10 4 ASSAULT ISD 16 15 16 15 BURGLARY 91 62 91 62 VEHICLE THEFT 22 8 22 8 THEFT (FEL) 25 20 25 20 THEFT D 49 39 49 39 VANDALISM ISD 22 29 22 29 DOM. VIOLENCE 12 8 12 8 NARCOTICS 15 3 15 3 DUI 4 7 4 7 T/C NON -INJURY 39 39 39 39 T/C INJURY 6 7 6 7 T/C FATAL 0 0 0 0 TRAFFIC CITATIONS 397 343 397 1 343 2003 STATISTICS DO NOT INCLUDE ATTEMPTS z w a F- LLJ 0 w U 0 a F- z c� w x F- w x O 000 COO 14" N O T- w m m w 67 U w y w a qq M O O N N Z Z Lk_El J I I I I I I I I I I 1 I I I I I I I I I I 1 I I I 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 I 1 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 I I I I I I I 1 I O I I I I 1 I I 1 1 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 1 1 I O I I I I I I I I I I I I I Icl— 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 1 I I I I I I N 1 I I I I 1 I I I I I I I I I I I I I 1 I 1 I I I I I 1 I I 1 I I I I I 1 I O I I I I I I I I I I 1 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 O I I I I I I I I I 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 I 1 I Q I I I I I I I I I I I I I I I 1 I 1 I I I I I I I I I I O I I I I I I I I I I I I I I I I I I I LO I I I I I I I I I I 1 I 1 yr I 1 I w 0 w �a 8 J U_ uj 2 J w 0 J 0 U Q w cw cG G O U a 0 Ix MMNNT-O O 't C ..j :; z w ry d w 0 w 0 J d O N Q D Z Q Z O m U) 0 W �N U m i U ON �tG 20 Q N Q J6 0 W U J iR It M O O N N Z Z J U Q Z_ U O Z J Q U 0 0 0 0 0 0 o LO o LO N N T- r' J U 361 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 I I I O I I I I I I I I A I I I I I I I I A I I I I I I I I I I I I I I I I CM I I I I I I I I I I I I I I I I /T Y I I I I I I I I I I M I I 1 I CM I O O N O CY) z T z O z U H CO z O H U LL LL IN 4 362 CITY OF LA QUINTA DISPATCH INFORMATION / JANUARY 2004 TYPE OF CALL RESPONSE TIME QVHNU TES NUMBER OF INCIDENTS EMERGENCY 5.4 3 ROUTINE 8.7 1216 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT 363 PRESENTATION: Art Wall Presentations For March 16, 2004 Adams Elementary Alejandra LeGrand Reina Leon Abraham Leon Ruby Leon Richard Leon, Jr. Pamela Leyva Lizarazu Mireles Jacqueline Lopez Christian Lopez Tanya Lopez Conner Maloney Michelle Martinez Leslie Martinez David Martinez Itzayana Mata Ilse Mata Yvette Meza Mailen Meza Maria Morales David Morin Chevelle Morris Douglas Orme Jazmine Ortiz Ursula Padilla Michelle Palacio Rebecca Parsons Abigail Perez Alexa Pinson Carolina Ponce Diana Quevedo 364 Abril Ramirez Mario Ramirez Diana Ramirez Doane Reyes Ericka Reyna Bailey Riley Brandon Riley Kayla Roe Jose Rodriguez Joseph Rossenrode Lauren Saldivar Jessica Salomon Gabriel Sanchez David Alan Silverman Andrew Silverman Irfan Soetomo Jacob Tarango Darian Thomas Cassandra Torres Danny Torres Marisol Valencia Alejandra Valencia Martha Valencia Adrian Vivas Victorian Vu Mariah Wiley Krystal I Zavala :365 02 COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions on: 1) Environmental Assessment 2004- 501 to Certify a Negative Declaration of Environmental Impact; 2) General Plan Amendment 2004-099 to Add a Program to the Traffic and Circulation Element to Allow Signalized Intersections at a Lesser Distance than is Currently Permitted on Augmented Major Arterial Streets. Applicant: City of La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2004-501; and Adopt a Resolution of the City Council approving General Plan Amendment 2004- 099 to add a program to the Traffic and Circulation Element to allow signalized intersections at a lesser distance than is currently permitted on Augmented Major Arterial streets. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This project should be discussed concurrently with the proposed applications for Madison Development, LLC, regarding a General Plan Amendment, Zone Change and Tentative Tract Map. As the City develops, staff has been reviewing projects to ensure that safe traffic circulation movements are maximized. In reviewing development projects along Washington Street, there have been opportunities to correct problems with existing traffic circulation patterns. 3r,6 Currently, General Plan Program 2.3 establishes a minimum signalized intersection spacing distance of 1,060 feet between intersections on Major Arterials in commercial areas. Program 2.3 of the General Plan Circulation Element currently reads as follows: "On Major Arterials, the minimum intersection spacing shall be 2,600 feet in residential areas, and may be 1,060 feet for commercial frontage. Intersection spacing may be reduced to 500 feet at the Whitewater Channel and La Quinta Evacuation Channel. The design speed shall be 60 miles per hour (mph). Left turn median cuts may be authorized if turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between the curb returns): -- more than 250 feet on the approach leg to a full turn intersection; -- more than 150 feet on the exit leg from a full turn intersection; --more than 250 feet between driveways. All access configurations shall be subject to City Engineer review and approval." Staff is requesting a General Plan Amendment to add a new program to the Traffic and Circulation Element to allow for signalized intersections for Augmented Major Arterials. The segments of roadway that are currently designated as Augmented Major Arterial are Washington Street between the Whitewater Channel and Avenue 48; and Highway 1 1 1 between Washington Street and the western City limits. The new Program would essentially apply to Washington Street between Highway 1 1 1 and Avenue 48 only (Attachment 1). The Planning Commission reviewed this matter on February 24, 2004, and recommended the City Council approve a General Plan Amendment to add the program to the Traffic and Circulation Element to reduce the intersection spacing to 950 feet; however, the Resolution did not reflect the change in spacing. This has been corrected in the new program below. The new program would read as follows: "Program 2.3.A: On Augmented Major Arterials, the minimum intersection spacing shall be 2,600 feet in residential areas, and may be 950 feet for commercial frontage, provided pre -incorporation intersections are accommodated first. For the purpose of this program, "commercial frontage" shall mean areas which have commercial land use designations on at least one side of the Augmented Major Arterial. The design speed shall be 60 miles per hour (mph). Left turn median cuts may be authorized if the turn S6 a 2 pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between the curb returns): -- more than 250 feet on the approach leg to a full turn intersection; -- more than 150 feet on the exit leg from a full turn intersection; -- more than 250 feet between driveways. All access configurations shall be subject to City Engineer review and approval." The new program is a result of future developments along Washington Street between Highway 1 1 1 and Avenue 48. Approval of this General Plan Amendment would allow signals at intersections along Washington Street between Highway 111 and Avenue 48, based on site -specific analysis and the above listed program criteria. Any future developments along this stretch of Washington Street would be reviewed under this new program. Public Notice This project was advertised in the Desert Sun newspaper on March 5, 2004, and mailed to all residents in the Highland Palms neighborhood. To date, four letters have been received (Attachment 2). Any additional written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment and General Plan Amendment can be made and are contained in the attached Resolutions. 1. Adopt a Resolution of the City Council certifying a Negative Declaration of environmental impact for Environmental Assessment 2004-501; and Adopt a Resolution of the City Council approving General Plan Amendment 2004-099 to add a program to the Traffic and Circulation Element to allow for signalized intersections at a lesser distance than is currently permitted on Augmented Major Arterials; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. 36's PH 2 GPA 04-099 (City) 3 Respectfully submitted, t 4�Zscar 10rci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Street Map 2. Letters from property owners PH 2 GPA 04-099 (City) 3 f) 9 4 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2004-099. CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-501 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of February, 2004, hold a duly noticed Public Hearing to consider Environmental Assessment 2004-501 for a General Plan Amendment to add a new program to the Traffic and Circulation Element to establish a circulation program for Augmented Major Arterials within the City. WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2004-501, and has determined that the proposed project would not have a significant adverse impact on the environment, and therefore, a Negative Declaration of environmental impact is recommended for certification; 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 approve said Environmental Assessment: 1. The proposed General Plan Amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that the Environmental Assessment did not identify any significant adverse impacts on the site. 2. The proposed General Plan Amendment will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the installation of signals on Augment Major Arterials would occur in already developed areas, and would not impact biological and cultural resources. S:\CityMgr\STAFF REPORTS ONLY\3-16-04\PH 2 EA Reso.doc „r City Council Resolution 2004- Environmental Assessment 2004-501 City of La Quinta March 16, 2004 3. There is no evidence before the City that the proposed General Plan Amendment 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 General Plan Amendment does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, in that the General Plan Amendment will potentially provide a safer traffic flow on the City's streets. 5. The proposed General Plan Amendment will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the General Plan Amendment in that vehicular trips will not be increased or exceed the impacts identified in the General Plan. 6. The proposed General Plan Amendment will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that additional environmental reviews will be required for individual projects to assess the impacts associated with specific sites. 7. There is no substantial evidence in light of the entire record that the proposed General Plan Amendment may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2004-501 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico; La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. PH 2 EA Reso City Council Resolution 2004-_ Environmental Assessment 2004-501 City of La Quinta March 16, 2004 2. That it does hereby certify Environmental Assessment 2004-501 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist attached hereto and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16" day of March, 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 PH 2 EA Reso 3' 7 Environmental Checklist Form Project title: General Plan Amendment 2004-501 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: City-wide (text amendments to General Plan) 5. Project sponsor's name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 6. General Plan Designation: N/A 7. Zoning: N/A 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed General Plan Amendment will add a new program to the Traffic and Circulation Element to allow for signalized intersections for Augmented Major Arterials. The two segments of roadway that are designated as Augmented Major Arterials are Washington Street between the Whitewater Channel and Avenue 48 and Highway 111 between Washington Street and the western City limits. The new Program would apply only to that portion of the Augmented Arterial on Washington Street between Highway 111 and Avenue 48. The new program to the Traffic and Circulation Element would read. as follows: "Program 2.3.A: On Augmented Major Arterials, the minimum intersection spacing shall be 2,600 feet in residential areas, and may be 950 feet for commercial frontage, provided pre -incorporation intersections are accommodated first. The design speed shall be 60 miles per hour (mph). Left turn median cuts may be authorized if the turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between the curb returns): -- more than 250 feet on the approach leg to a full turn intersection; -- more than 150 feet on the exit leg from a full turn intersection; -- more than 250 feet between driveways. All access configurations shall be subject to City Engineer review and approval." The new program is a result of future developments along Washington Street between Highway 111 and Avenue 48. 3 8 9 Surrounding land uses and setting: Briefly describe the project's surroundings: Not applicable. The General Plan Amendment would apply City-wide on Augmented Major Arterials. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None. -2- 374 9 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature ZX O'd (- Date 10 -3- ,� :� EVALUATION OF ENVIRONMENTAL IMPACTS: I) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. . c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 4- .1 r7 11 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 -5- 377 12 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? (Project description) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Project description) I. a)-d) The General Plan Amendment will not impact aesthetics, scenic vistas or light and glare in and of themselves. The proposed Amendment will only affect the distance between signalized intersections on Augmented Major Arterials. Individual project proposals will still require review under the site development and conditional use permit processes to assure that they are compatible. No impacts associated with aesthetics are expected to occur as a result of implementation of the General Plan Amendment. -6- 'l g 13 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? (Project description) II. a)-c) Augmented Major Arterials in the General Plan consist of Washington Street and Highway 111. No agricultural lands occur in proximity to these streets, nor are there any Williamson Act contracts on lands in this area. -7- 14 Potentially Less Than Less Than Significant Significant w/ Significant]INo t 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 quantitativethresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a X substantial number of people? (Project Description) III. a)-e) The General Plan Amendment will not impact air quality. Modification of the City General Plan standard will not increase trips on City roadways, and may actually improve vehicular emission levels, due to a more orderly and smooth -flowing traffic system. No construction will be required beyond the installation of traffic signals, so no impacts to PM10 are expected to result. The proposed Amendment will not impact air quality in the City or region. -$- 390 15 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 Biological Resources Element) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan Biological Resources Element) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan Biological Resources Element) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan Biological Resources Element) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan Biological Resources Element) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state -9- J 81 16 habitat conservation plan? (General Plan Biological Resources Element) IV. a)-f) The General Plan Amendment will not have any impacts on biological resources. Installation of signals on Augment Major Arterials would occur in already constructed areas, and would not impact habitat. -lo- 8 � 17 Potentially Less Than Less ThanTINoSignificant Significant w/ Significan 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 Section 15064.5? (General Plan Cultural Resources Element) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Section 15064.5? General Plan Biological Resources Element.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? General Plan Biological Resources Element) V. a)-d) The General Plan Amendment will not have any impacts on cultural or paleontological resources. Installation of signals on Augment Major Arterials would occur in already constructed areas, and would not impact resources. -11- 383 18 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to X potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) The General Plan Amendment will not have any impacts on geology and soils. Installation of signals on Augment Major Arterials would occur in already constructed areas, where soils have been adequately compacted. Construction would meet City seismic standards, and would therefore be sized to withstand significant groundshaking. -12- 384 19 Potentially Less Than Less Than No .Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Project description) 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? (Project description) 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? (Project description) 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? (Project description) 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? (Project description) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (Project description) -13- 385 20 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? (Project description) VII. a)-h) The General Plan Amendment will not have any impacts on Hazardous Materials. Installation of signals on Augment Major Arterials would occur in already constructed areas, and will not increase the number or types of trips generated on these roadways. The addition of traffic signals may have a traffic calming effect, which would represent a beneficial impact in its potential to reduce the potential for accidents and accidental spills. -14- p 21 J0� 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 X drainage pattern of the site or area, including*through the alteration of the • course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan Environmental Hazards Element) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? General Plan Environmental Hazards Element) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan Environmental Hazards Element) f) Place housing within a I00-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance -15- 3 $ ;' 22 Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a I00-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a)-g) The General Plan Amendment will not have any impacts on Hydrology or Water Resources. Installation of signals on Augment Major Arterials would occur in already constructed areas, and will not require water. -16- J 8 3 23 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? (Project description) 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 General Plan Amendment will not have any impacts on land use or planning. The amendment modifies only the standard requiring specific linear separation between traffic signals. The potential area affected is very limited, since Augmented Major Arterials are only designated on portions of Washington Street and Highway 111. The Public Works Department will have discretion in granting individual project requests based solely on site specific analysis, which will include the compatibility of a signal with surrounding development and conditions. -17- 389 24 Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No 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 General Plan Amendment will not have any impacts on mineral resources. Installation of signals on Augment Major Arterials would occur in already constructed areas, and would not impact potentially productive lands. 25 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE B Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The General Plan Amendment will have no impact on noise levels in and of itself. The ultimate development of any given site will be reviewed separately under CEQA, and analyzed for both impacts associated with the proposed project on adjacent development; and the impacts of adjacent development on the proposed project. The City will impose mitigation measures should these impacts be potentially significant. The additional review under CEQA will ensure that impacts can be reduced to a less than significant level. -19- ,S 1 26 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.) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff.) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff.) XII. a)-c) The General Plan Amendment will not have any impacts on population and housing. Installation of signals on Augment Major Arterials would occur in already constructed areas, and would not impact development patterns or land use designations. -20- J t. 27 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) The General Plan Amendment will not have any impacts on public resources. Installation of signals on Augment Major Arterials would occur in already constructed areas, and would not impact the provision of municipal services. -i913 -21- 28 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? (Project description) 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? (Project description) XIV. a) & b) The General Plan Amendment will not have any impacts on recreation. Installation of signals on Augment Major Arterials would occur in already constructed areas, and would not impact City parks. -22- t 9 4 29 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The General Plan Amendment will not significantly impact transportation or tratnc. i ne amendment modifies only the standard requiring specific linear separation between traffic signals on Augmented Major Arterials. The potential area affected is very limited, since Augmented Major Arterials are only designated on portions of Washington Street and Highway 111. The City Engineer will have discretion in granting individual project requests based solely on site specific analysis, which will include the potential impacts on levels of service and traffic safety. -23- 30 395 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies 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.) vTJT -\ _. IrUp 11e-p-1 Dl— Arr p"ArnPnt xx7;ll not harp any im»acts on utility providers. Installation AV 1. a)-g) 11n; VG11G10.1 1 lcui -... .- .-». - --J----I----- ----------, . of signals on Augment Major Arterials would occur in already constructed areas, and would not impact their facilities or ability to service. (� r n G -24- 31 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The General Plan Amendment will have no impact on biologicai resources. I ne addition of signals will occur in areas which are already developed, and where no habitat occurs. XVII.b) The proposed General Plan Amendment has the potential to achieve both short term and long term goals, by potentially providing a safer traffic flow on the City's streets. XVII. c) The General Plan Amendment will not exceed those impacts identified in the General Plan EIR, and will not increase vehicular trips. XVII. d) The General Plan Amendment will not have any direct environmental effects on human beings. Additional environmental review will be required for individual projects to assess the impacts associated with specific sites. These reviews will assure that potential impacts are adequately mitigated. -2s- 32 9r RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT TO ADD A PROGRAM TO THE TRAFFIC AND CIRCULATION ELEMENT TO ALLOW CERTAIN CIRCULATION IMPROVEMENTS ON AUGMENTED MAJOR ARTERIALS WITHIN THE CITY CASE NO.: GENERAL PLAN AMENDMENT 2004-099 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24' day of February, 2004, hold a duly noticed Public Hearing to consider a General Plan Amendment to add a program to the Traffic and Circulation Element to allow certain circulation improvements on Augmented Major Arterials within the City; WHEREAS, said General Plan Amendment 2004-099 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2004-501 was prepared and determined that there are no significant adverse impacts, therefore, a Negative Declaration is recommended for certification; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said General Plan Amendment: 1. General Plan Consistency: The proposed General Plan Amendment is consistent with the goals, objectives and policies of the General Plan in that the Amendment will not exceed the impacts identified in the General Plan. 2. Public Welfare: Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general. welfare in that the proposed Amendment would improve circulation. 3. General Plan Compatibility: The proposed General Plan Amendment will be compatible with existing and surrounding land uses in that the Amendment will potentially improve circulation as indicated in the General Plan. PH 2 GPA Reso 33 93 City Council Resolution 2004-_ General Plan Amendment 2004-099 City of La Quinta March 16, 2004 4. Property Suitability: The proposed General and appropriate in that the Amendment determined on a project -by -project basis. EXHIBIT "A" Plan Amendment will be suitable will facilitate signal placement as 5. Change in Circumstances: Approval of the proposed Amendment is warranted because the development situation and the general conditions of the City have substantially changed since the existing General Plan was imposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That it does hereby approve General Plan Amendment 2004-099, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this 16' day of March, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California PH 2 GPA Reso J, 34 City Council Resolution 2004-_ General Plan Amendment 2004-099 City of La Quinta March 16, 2004 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 EXHIBIT "A" PH 2 GPA Reso �t , , 35 City Council Resolution 2004-_ EXHIBIT "A" General Plan Amendment 2004-099 City of La Quinta March 16, 2004 New Program to the Traffic and Circulation Element: "Program 2.3.A: On Augmented Major Arterials, the minimum intersection spacing shall be 2,600 feet in residential areas, and may be 950 feet for commercial frontage, provided pre -incorporation intersections are accommodated first. For the purpose of this program, "commercial frontage" shall mean areas which have commercial land use designations on at least one side of the Augmented Major Arterial. The design speed shall be 60 miles per hour (mph). Left turn median cuts may be authorized if the turn pocket does not interfere with other existing or planned left turn pockets. Right in/right out access driveways shall exceed the following minimum separation distances (in all cases, distances shall be measured between the curb returns): -- more than 250 feet on the approach leg to a full turn intersection; -- more than 150 feet on the exit leg from a full turn intersection; -- more than 250 feet between driveways. All access configurations shall be subject to City Engineer review and approval." PH 2 GPA Reso _q 36 ' 1 ATTACH ME Z Le Qosa (j ZO jc Ic r m ultQV Lo 0 LL Ad Ic A. iJS .J C LU -4 X W Cc 0 1011111N U :NT #1 ...— I A I I AUHMENT #2 2/16/04 ROBERT D. MORINMAMES H. CARPENTER 78-550 SINGING PALMS DRIVE LA QUINTA, CA 92253 CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253-1504 R.E.: CONSIDERATION OF A GENERAL PLAN AMMENDMENT TO MODIFY POLICY#2, PROGRAM 2.3 OF THE TRAFFIC AND CIRCULATION ELEMENT TO ALLOW TRAFFIC SIGNALS WITHIN 1060 FEET OF INTERSECTIONS. TO WHOM IT MAY CONCERN, AS PREVIOUSLY DISCUSSED, IN THE NEIGHBORHOOD MEETING, HELD AT THE CITY OF LA QUINTA, IN THE BEGINNING OF FEBUARY 2004, REGARDING ACCESS IN AND OUT OF PROPOSED PROJECT, THE ESTATES AT POINT HAPPY: THE ONLY OPTION THAT MAKES ANY SENSE TO THE RESIDENTS OF OUR NEIGHBORHOOD IS TO HAVE A LIGHT INSTALLED AT SINGING PALMS DRIVE AND SIMON DRIVE, CLOSING OFF THE WASHINGTON STREET FRONTAGE ROAD AND SINGING PALMS DRIVE FOR EMERGENCY ACCESS ONLY. ALSO, TO HAVE THE EXISTING DEAD END AT HIGHLAND PALMS DRIVE AND THE PROPOSED PROJECT FOR EMERGENCY ACCESS ONLY. IN ORDER TO ACCOMPLISH THIS TASK, MADISON DEVELOPMENT HAS BEEN REQUIRED TO AQUIRE MY HOME, LOCATED AT 78-550 SINGING PALMS DRIVE, AND MY NEIGHBORS HOME LOCATED DIRECTLY TO THE EAST SIDE OF MY PROPERTY, BORDERING THE WASHINGTON STREET FRONTAGE ROAD. MADISON. DEVELOPMENT HAS TRIED TO AQUIRE OUR HOME IN AN INAPPROPRIATE MANNER, TRYING TO STRONGARM US, AND OUR NEIGHBOR, MR. HUERTA INTO MAKING A POOR DECISION TO FORFIET OUR PROPERTIES WITHOUT BEING COMPENSATED IN AN ACCEPTABLE MANNER. MADISON DEVELOPMENT HAS BEEN DECEIPTFUL FROM THE START. FIRST VERBALLY LEADING JAMES CARPENTER TO BELIEVE THEY WOULD BE HAPPY TO EXCHANGE OUR CURRENT PROPERTY FOR A HOME IN THEIR NEW DEVELOPMENT, OUR CHOICE OF FLOORPLAN, AND LOCATION, ECT. WHEN SEVERAL ISSUES REGARDING CUSTOM UPGRADES, WHICH WE HAVE IN MY CURRENT HOME, AND WOULD EXPECT IN THE NEW HOME, WERE DISCUSSED, MR. WILKERSON INDICATED, WE HAVE NO PROBLEM WITH THOSE KINDS OF THINGS" A NEIGHBOR, OF MINE WAS PRESENT AT THAT MEETING AND CAN TESTIFY TO THEIR REMARKS. AT A LATER DATE MADISON DEVELOPMENT TOOK THAT OFFER AWAY, OFFERING US, ONLY THEIR UNACCEPTABLE LOWBALL APPRAISAL OF OUR PROPERTY, TOWARDS THE PURCHASE OF ONE OF THEIR HOMES. ALL THE TIME, NEVER COMMUNICATING WITH US DIRECTLY, OPTING TO LET THEIR SECRETARY THREATEN US WITH THE ISSUES OF CONDEMNING OUR HOME, OR THREATING TO HAVE THE CITY PURCHASE OUR HOME UNDER EMINENT DOMAINE. CLEARLY THIS IS A RESIDENTIAL ISSUE AND NEITHER CONDEMNENATION OR EMINENT DOMAINE APPLY. AS INDICATED TO US BY MR. MARTIN MAGANA, ASSOCIATE PLANNER, CITY OF LA QUINTA, THE CITY HAS NO INTENTION OF TRYING TO DECLARE EMINENT DOMAINE AND PURCHASING OUR HOME FOR THE BENEFIT OF MADISON DEVELOPMENT. MY DOMESTIC PARTNER AND I ARE LONG TERM SURVIVORS OF A.I.D.S, AND FIND MADISON DEVELOPMENTS UNETHICAL AND HARASSING WAY OF DOING BUSINESS AS AN UNNECESSARY STRAIN ON OUR HEALTH AND WELL BEING. • AT THIS POINT, BECAUSE OF THE EVENTS THAT HAVE TRANSPIRED BETWEEN US AND MADISON DEVELOPMENT, WE HAVE NO INTENTION OF EVER ACCEPTING ANY OFFER TO LIVE IN MADISON DEVELOPMENTS PROPOSED PROJECT, THE ESTATES AT POINT HAPPY. WE MUST BE MONETARILY COMPENSATED IN WHAT WE CONSIDER TO BE AN APPROPRIATE MANNER, BY MADISON DEVELOPMENT, FOR THE INCONVENIENCE THEY HAVE CREATED FOR US. IN OUR VIEW, DEVELOPERS THAT TRY DOING BUSINESS IN THE CITY OF LA QUINTA, IN AN UNETHICAL AND INAPPROPRIATE MANNER, SHOULD BE REPREMANDED BY THE CITY AND NOT ALLOWED TO OPERATE IN OUR COMMUNITY IN THE FUTURE. IN THIS PARTICULAR INSTANCE, WE REQUEST THAT THE CITY OF LA QUINTA NOT ALLOW MADISON DEVELOPMENT ANY FURTHER OPTIONS REGARDING ACCESS TO THEIR PROPERTY, THAT ENCROACH ON OUR NEIGHBORHOOD AND CURRENT STANDARD OF LIVING, AND SHOULD SERIOUSLY CONSIDER THE NEGATIVE IMPLICATIONS OF PLACING A TRAFFIC LIGHT AT SIMON DRIVE AND SINGING PALMS DRIVE. THIS WOULD INCONVENIENCE THE RESIDENTS, VISITORS, AND THE CITY AS A WHOLE. PERHAPS MADISON DEVELOPMENT SHOULD HAVE CONSIDERED THE LIMITED ACCESS ISSUES TO POINT HAPPY RANCH BEFORE PURCHASING THE PROPERTY. /1 INCERELY, -'14z. ROBERT D. MORIN JAMES H. CARPENTER 39 4 �: 4 • Ll CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253 2/20104 ROBERT D. MORINMAMES H. CARPENTER 78-550 SINGING PALM DRIVE LA QUINTA, CA 92253 RE: CONTINUATION OF OUR LETTER, DATED 2/16/04, ADDRESSED TO: CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT TO WHOM IT MAY CONCERN, 1N THE EVENT, THE CITY OF LA QUINTA APPROVES A TRAFFIC LIGHT TO BE INSTALLED AT SINGING PALMS DRIVE AND SIMON DRIVE, BEFORE MADISON DEVELOPMENT HAS AQUIRED OUR HOME, IN A MANNER ACCEPTABLE TO US, THE CITY OF LA QUINTA WILL BE HELD LIABLE, AND SERVED TO APPEAR IN COURT. THE CITY OF LA QUINTA, MADISON DEVELOPMENT, OR ANY PERSON OR ENTITY REPRESENTING MADISON DEVELOPMENT OR THE CITY OF LA QUINTA WILL HAVE NO AUTHORITY OR SAYSO REGARDING OUR RELOCATION. AS OF THIS DAY 2/20/04, BECAUSE MADISON DEVELOPMENT HAS MADE NO EFFORT TO RESPOND TO OUR FINAL OFFER, DATED 1/28/04, WE HEREBY WITHDRAW THIS FINAL OFFER PRESENTED TO MADISON DEVELOPMENT AND THE CITY OF LA QUINTA, DATED1/28/04. SINCERELY, ROBERT D. MORINMAMES H. CARPENTER SUBSCRIBED AND SWORN TO BEFORE ME THI ....DAY OF O1L_L NOTARY PUBLI 7 GINA M. RMS Commission # 1452278 Notary Pubk . CoMlorria Rkwslds County MyCcmm. tWbw Nov 21. 200 40 4�5 0 Final Offer 0 1128/04 Robert D. Morin 78-660 Songing Palms Drive La Quints, CA 92253 Attention: Mr. Edward Alderson and Richard Wilkerson Madison Development 71-361 San Gargonio Rancho Mirage, CA 92270 Dear Mr. Alderson and Mr. Wilkerson, After reviewing your Driveby Appraisal, consulting my attorney, and speaking with Don Adolpf, Mayor,City of La Quints, I find your requests to be totally unacceptable. The City of La Quints absolutly has no intentions of purchasing my home to benefit Madison Development. They require your obtaining my house and my neighbors before approving the light you want. 1 find your threats regarding Condemnation and Eminent Domains to be totally unfounded. Your so-called negotiating skills are totally substandard and unacceptable. Therefore, you, nor any agent representing Madison Development may contact either myself or my domestic partner, James Carpenter, by phone or in person. All communication must be in writing. We are totally content residing at our present home located at 78-550 Singing Palms Drive, and would not consider moving unless you present me with a cashiers check in the amount of $500,000. N your are unable to meet the above purchase price condition, I expect Madison Development to build a wall around the back of my property, and any properties you might squire on the east or west sides of my home in the future. The wall must be six feet tall and finished on both sides. If 1 incur property damage from the wall being built, Madison Development will be held liable, and you will need to make all necessary property repairs. If the poweriines adjacent to the backside of my property are going to be placed underground, I require it be taken care of in such a manner as to not disturb my existing garden or backyard. Once again, if any property damage is incurred by me regarding the above mentioned projects, Madison Development will be held directly liable and will need to make all necessary repairs. Any of the above mentioned projects are required to be completed to my satisfaction before Madison Development begins construction on your project behind my home. All above conditions are nonnegotiable. In other words, 'there is no room for negotiation!" Do not attempt to contact us, unless you have a Cashiers Check made out to me for 600,000.00, (five hundred thousand dollars). We would require you to write up a contract to be presented to us by review of our attorney. The contract would need to include that you are buying our property as is, excluding our furniture, personal belongings, and any plantings we wish to remove from our yard. When the contract is approved and we have a cashiers check in our hand, we would be willing to vacate our property within thirty days. Sincerely, Robert D. Morin 4 6 41' Final Offer 1128104 Wilfred and Doreen P. Huerta 78-590 Singing Palms Drive La Quints, CA 92253 Attention: Mr. Edward Alderson and Richard Wilkerson Madison Development 71-361 San Gargonio Rancho Mirage, CA 92270 Dear Mr. Alderson and Mr. Wilkerson, After reviewing your Driveby Appraisal, consulting my attorney, and speaking with Don Adolpf, Mayor,City of La Quinta, l find your requests to be totally unacceptable. The City of La Quints absolutly has no intentions of purchasing my home to benefit Madison Development. They require your obtaining my house and my neighbors before approving the light you want. I find your threats regarding Condemnation and Eminent Domaine to be totally unfounded. Your so-called negotiating skills are totally substandard and unacceptable. Therefore, you, nor any agent representing Madison Development may contact either myself or my wife, by phone or in person. All communication must be in writing. We are totally content residing at our present home located at 78-590 Singing Palms Drive, and would not consider moving unless you present me with a cashiers check in the amount of $500,000. N your are unable to meet the above purchase price condition, I expect Madison Development to build a wall around the back of my property, and any properties you might squire on the east or west sides of my home In the future. The wall must be six feet tall and finished on both sides. N 1 incur property damage from the wall being built, Madison Development will be held liable, and you will need to make all necessary property repairs. M the poweriines , adjacent to the backside of my property are going to be placed underground, I require it be taken care of in such a manner as to not disturb my existing garden or backyard. Once again, if any property damage is incurred by me regarding the above mentioned projects, Madison Development will be held directly liable and will need to make all necessary repairs. Any of the above mentioned projects are required to be completed to my satisfaction before Madison Development begins construction on your project behind my home. All above conditions are nonnegotiable. In other words, "there is no room for negotiationl" Do not attempt to contact us, unless you have a Cashiers Check made out to me for 600,000.00, (five hundred thousand dollars). We would require you to write up a contract to be presented to us by review of our attorney. The contract would need to include that you are buying our property as is, excluding our furniture, personal belongings, and any plantings we wish to remove from our yard. When the contract is approved and we have a cashiers check in our hand, we would be willing to vacate our property within thif0p lays. f"aRl;�- F� u wig s Sincerely, CC l.. i Wilfred Huerta 4 7 42 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ ss. County of RiveM-P_ On i—,77U .aA before me, Lnll .l& P' • MOrt 4 1/ , lW'f L� histe Name and Title of 08ber (e.g., 'Jane .Notary Pubfe� personally appeared O i I f >r A 1:hA os'46` Names) of signers) AURA A. MONTALVO Commission * )379031 Notory Pubic — Colfornio RWerskJo County - MyComrn. E0wOct$ 2f>ab ❑ personally known to me J`viidedroved to me on the basis of satisfactory ence to be the persoJW whose nam subscribed to t ith%'a, instrument and acknowledged to rn ye a he �I akhe"xecuted the same in hi h Asir thonzed capacity(iso—, and t at by hi Jh!W signature(A)•6n the instrument the personj* or the entity upon behalf of which the persoDK acted, executed the instrument. WITNUS my nd and official se . �4 Signaturs of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: e WN ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationaWftry.org Prod. No. 5907 Reorder. Call Toll -Free 1.100-6764827 45 43 WASH I NGTON III, LTD 2811 SANDIA ROAD PALM SPRINGS, CA 92262 February 24, 2004 Oscar Orci Community Development Manager City of La Quinta 78-795 Calle Tampico La Quinta, CA 92253 RE: Environmental Assessment 2004-501 and General Plan Amendment 2004-009 Dear Mr. Orci, 760-323-9364 Phone 760-416-0835 Fax Washington I 11, LTD hereby requests to submit the following letter in response to Item H, Environmental Assessment 2004-501 and General Plan Amendment 2004-009, scheduled to be heard before the City of La Quinta Planning Commission on February 24, 2004. Please distribute the attached letter to all commissioners. Thank you. Sincerely, Bill Sanchez, Owner's Representative 760-485-5308 c.c. Jack Tarr, Washington 1 11, LTD 44 The Keith Companies 1mrKC February 24, 2004 Jack Tarr Washington 111, Ltd. 74770 Highway 111, Suite 201 Indian Wells, CA 92210 RE: WASHINGTON PARK PROJECT - Proposed Traffic Signal at Simon Drive & Washington Street This is in response to your request regarding a proposed traffic signal to be located at the intersection of Washington Street and Simon Drive in the City of La Quinta. We have reviewed the following documents: • Washington Park Specific Plan, SP1987-011, Amendment No. 4, 12/17/02. • City of La Quinta Target Development Traffic Impact Analysis, 10/30/02. In the Specific Plan adopted by the City (Resolution 2002-167), traffic signal improvements were addressed at the following locations: Adams Street & Ave. 47; Highway 111 & Adams Street; Highway 111 & La Quinta Drive; Highway 111 & Washington Street; Washington Street & Ave 47. No traffic signal improvement requirements were indicated in the Specific Plan for the intersection of Simon Drive and Washington Street. The Traffic Impact Analysis, prepared by Urban Crossroads, covers Simon Dr. at Washington St. to Avenue 47, to Adams St. and to Highway 111, back to Simon Dr. The analysis considers conditions of roadway geometry and alignments as well as traffic counts at the time of the investigation, June 2002. For the intersection of Simon Dr. and Washington St., the study indicated no traffic signal requirements since, apparently, it did not meet the warrants for a traffic signal. Based on our initial review of the above documents, the Washington Park project does not require a traffic signal at this intersection. However, all new projects within the area should be responsible for preparing new traffic studies to determine if their development requires a signal or other improvements at this location in order to mitigate new traffic impacts. If you have any questions or need additional information, please feel free to contact us at 760-346-9844. Sincerely, The Keith Companies, Inc. IN Dan Ruiz, P.E. Director of Engineering, Palm Desert Division Palm Desert Division 73-733 Fred Waring Drive Suite 100 Palm Desert California 92260-2590 1760.346.9844 4cJ JN 40889.00 F: 760.346.9368 www.keithco.com 4 1 () w� 0� � Qum& 7 OF I COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions and an Ordinance on: 1) Environmental Assessment 2003-479 to Certify a Mitigated Negative Declaration of Environmental Impact; 2) General Plan Amendment 2003-094 and Zone Change 2003-115 to Change Land Uses and Zoning Designations from Community Commercial and Medium Density Residential to Low Density Residential; and 3) Tentative Tract Map 31348 to Consider the Subdivision of 37.72 Acres into 72 Lots and One Open Space Lot, for Property Located at 46-201 Washington Street. Applicant: Madison Development, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-479; and Adopt a Resolution of the City Council approving General Plan Amendment 2003- 094 to change land uses from Community Commercial and Medium Density Residential to Low Density Residential, subject to findings; and Motion to take up Ordinance No. _ by title and number only and waive further reading. Motion to introduce Ordinance No. _ on first reading approving Zone Change 2003-115 to change the zoning designation from Community Commercial and Medium Density Residential to Low Density Residential; and Adopt a Resolution of the 'City Council approving Tentative Tract Map 31348 to subdivide ± 37.72 acres into 72 single-family lots and one open space lot, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS None. �ii CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW This project should be discussed concurrently with the proposed application for the City of La Quinta, regarding a General Plan Amendment to add a new program to the Traffic and Circulation Element. The site is bounded by the City limits to the west, retail commercial to the east, single-family residential uses to the south, and Plaza La Quinta Shopping Center to the north (Attachment 1). The applicant is requesting approval of a General Plan Amendment (Attachment 2) and Zone Change (Attachment 3) to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, and a Tentative Tract Map (Attachment 4) to subdivide the f 37.72 acre site into 72 single-family lots and one open space lot. This project was presented to the Planning Commission at their October 28, 2003 meeting. The Planning Commission recommended approval to the City Council, but expressed concerns regarding the project's main entrance on Washington Street. At the November 18, 2003 City Council meeting, the City Council reviewed the project and continued the public hearing, requesting the applicant work with staff to develop circulation alternatives to the project entrance on Washington Street. At the December 16, 2003 City Council meeting, staff presented four circulation alternatives including the original proposal (Attachment 5). The alternatives include: Option 1 — This option is the original proposal, which consists of an access driveway into the tract centered along the tract frontage on Washington Street with a 100-foot long southbound deceleration lane. The entrance on Highland Palms Drive would remain the same. Option 2 — This option generally proposes an access driveway into the tract from a newly reconfigured intersection at Singing Palms Drive and Washington Street with a 200-foot long southbound deceleration lane at the intersection. This option would require the acquisition of two private residences on Singing Palms Drive to allow the construction of the intersection of Washington Street and Simon Drive. The intersection would be configured to accommodate full turning 02 412 movements. The new roadway would provide direct access to the proposed development (TTM 31348) and to the existing Highland Palms neighborhood. Access from Highland Palms Drive into the new development would be restricted to emergency vehicles only. This option has three different configurations (A, B, & C) into the Highland Palms neighborhood (See descriptions in Attachment 5). Note that configuration "C" includes a gate constructed by the applicant, maintained by the City. The access will be for emergency vehicles. Option 3 — This option would allow a right -in only access driveway into the tract from the reconfigured frontage road alignment near the southerly portion of the tract on Washington Street with a 200-foot long southbound deceleration lane. This option would require no acquisition of private property, a deceleration lane for the proposed project, the installation of an entry driveway on the west side of Washington Street with restricted turning movements (right-in/right-out), and no traffic signal. Also, a dedicated one-way lane into the Highland Palms neighborhood would remain as is currently provided. This would also provide a way for the residents exiting the proposed development to access the signalized intersection at Washington Street and Highland Palms Drive via the frontage road. The proposed entrance at the north end of Highland Palms Drive would have full access for the proposed development and emergency vehicles. Option 4 — This option would allow an access driveway into the tract from a reconfigured/combined access that would also serve the Plaza La Quinta shopping center, with a 150-foot long southbound deceleration lane. Under this option, the existing access to the Plaza La Quinta Shopping Center on Washington Street would be relocated and shared with the new access way into the new subdivision. The proposed entrance at the north end of Highland Palms Drive would have full access for the proposed development and emergency vehicles. This option does not require a General Plan Amendment; however, should the City Council choose this option, staff requests a continuance to allow staff the opportunity to analyze the environmental issues associated with the new project design, and prepare appropriate conditions. After reviewing the alternatives, the City Council continued the public hearing requesting staff to conduct a neighborhood meeting to obtain input regarding the alternatives from residents immediately south of the project site. Also, since the Planning Commission had not had the opportunity to review the alternatives, the City Council requested that the alternatives be taken back to the Planning Commission for their review and recommendation. 03 PH 1 TTM 31348 413 The neighborhood meeting was held on February 2, 2004 at City Hall. Out of the ninety residences in the neighborhood, thirty-four property owners attended the meeting. The residents indicated preferences for the following options: Option Favor Option 1: 0 Option 2A: 4 Option 213: 4 Option 2C: 25 Option 3: 1 Option 4: 0 Total 34 The majority of residents preferred Option 2C. The alternatives were presented to the Planning Commission at their February 24, 2004 meeting. After discussion, the Planning Commission agreed that Option 2C be the recommended alternative to the City Council. The Planning Commission did not recommend a default alternative in the event that Option 2C could not be implemented. Should the City Council choose a default option, staff would be required to revise the Resolutions and Conditions of Approval to reflect the chosen alternative. Staff has further analyzed the alternatives (after the Planning Commission decision) and has developed a 5tn option for the City Council's consideration. This option would allow a right -in only access driveway into the tract from the reconfigured frontage road alignment near the southerly portion of the tract on Washington Street. This option would require no traffic signal, no acquisition of private property, a deceleration lane for the proposed project, the construction of an entry driveway on the west side of Washington Street and, the closure of the existing one-way lane into the Highland Palms neighborhood. Access into this neighborhood would be at the Washington Street and Highland Palms Drive intersection only. . The new entrance on Washington Street would only serve the residents of the proposed development. The entrance would have restricted turning movements (right-in/right-out). The proposed entrance at the north end of Highland Palms Drive would be for emergency vehicles. From a traffic circulation and safety perspective, all of the identified options are considered better than the original access option. Generally speaking, Option #2C addresses more traffic circulation and safety issues than the other options. In addition, the City is making signal synchronization improvements on Washington Street between Miles Avenue and Avenue 47 to improve the traffic flow. This option, in concert with the City's synchronization efforts, would result in improved traffic flow on Washington Street. However, the City would be required to maintain a gate on a public street. PH 1 TTM 31348 04414 Staff estimates that Option #2 will cost approximately $1,000,000 more than Option #1, which was the developer's original proposal. Additionally, in order to implement Option #2C, a General Plan Amendment is required to allow signalization at 920 feet south of Highway 1 1 1, instead of the 1,060 feet spacing required by the General Plan. As mentioned earlier, Option 2C requires that the developer acquire two single- family homes in order to implement this option. This would involve negotiations, acquiring the homes, and relocation of the existing residents. If the residents were unwilling to sell their homes voluntarily, the City could consider exercising the right of eminent domain, since the area at issue would become a public street. The proposed Conditions of Approval places all burden of the acquisition on the developer. The City would want the developer to execute an agreement similar to the one used for the extension of La Quinta Drive at Highway 1 1 1 ensuring that the City would bear no expense as a result of the acquisition. If the developer is unable to acquire the property via good faith negotiation, the City Council could consider eminent domain proceedings at the developer's expense. However, the City may not commit to exercising eminent domain. The City Council would make that determination only after completing several procedural steps and deciding whether or not to adopt a Resolution of Necessity. If the City Council declines to exercise its powers of eminent domain, the developer is, by State law, relieved of the requirement to construct the off -site improvement, and is allowed to proceed with a "default" alternative, if one is chosen. Thus, it is important to identify a default alternative that would become effective if the property needed for the roadway is not acquired within the required time set forth in the Subdivision Map Act. If, despite seeking eminent domain or requiring the developer to negotiate to obtain the property, the City or developer is unable to obtain sufficient interest in the property (to allow the off -site improvements to move forward) prior to the developer filing the final map, then the requirement to make these off -site improvements is deemed waived unless: 1. Prior to final map approval the City requires the applicant to enter into a secured improvement agreement, requiring the applicant to construct the improvements once the City acquires sufficient title or rights to make the improvements; or 2. The City, within 120 days of the developer's filing of the final map, acquires by negotiation or commences eminent domain proceedings to acquire sufficient interest in the land. If the City has not required the developer to enter into an agreement to complete the improvements and does not acquire sufficient interest within the 120-day period, then the condition requiring the PH 1 TTM 31348.doc C construction of off -site improvements shall be conclusively deemed to be waived. Public Notice This project was advertised in the Desert Sun newspaper on March 5, 2004, and mailed to all property owners within 500-feet of the site, and all residents in the Highland Palms neighborhood. To date, six letters have been received (Attachment 6). Any additional written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment, General Plan Amendment, Zone Change and Tentative Tract Map, can be made and are contained in the attached Resolutions and Ordinance. 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- 479; and Adopt a Resolution of the City Council approving General Plan Amendment 2003-094 to change land uses from Community Commercial and Medium Density Residential to Low Density Residential, subject to findings; and Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading for Zone Change 2003-115 to change the zoning designation from Community Commercial and Medium Density Residential to Low Density Residential; and Adopt a Resolution of the City Council approving Tentative Tract Map 31348 to subdivide ± 37.72 acres into 72 single-family lots and one open space lot subject to findings and Conditions of Approval; or 2. Do not adopt the Resolutions or Ordinance approving the project; or 3. Provide staff with alternative direction. PH 1 TTM 31348 06 416 Respectfully submitted, Oscar Orci, Interim Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. General Plan Amendment Map 3. Zone Change Map 4. Tentative Tract Map 31348 5. Circulation Options 6. Letters received from surrounding property owners 0'7 PH 1 TTM 31348 41 7 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 GENERAL PLAN AMENDMENT 2003-494, ZONE CHANGE 2003-03-115 AND TENTATIVE TRACT MAP 31348. CASE NO.: ENVIRONMENTAL ASSESSMENT 2003-479 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 181h day of November, 16h day of December, 2003, and on the 161h day of March, 2004, hold duly noticed Public Hearings to consider Environmental Assessment 2003-479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single- family residential lots and one open space lot), generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of September, 28" day of October, 2003, and on the 24`h day of February, 2004, hold duly noticed Public Hearings to consider Environmental Assessment 2003-479 for a General Plan Amendment and Zone Change to change land use and zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, and for a Tentative Tract Map to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot); and, WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared Environmental Assessment 2003-479, and has determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a S:\CityMgr\STAFF REPORTS ONLY\PH 1 EA Reso.doc 413 City Council Resolution 2004- Environmental Assessment 03-479 Madison Development, LLC. March 16, 2004 Mitigated Negative Declaration of environmental impact is recommended for certification; 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. 2. The proposed project will not have the potential to. degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that, the Environmental Assessment imposes mitigation measures to reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that the site will be developed with less intensity than the current land use designations under the General Plan. 09 PH 1 EA Reso 4119 City Council Resolution 2004- Environmental Assessment 03-479 Madison Development, LLC March 16, 2004 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did not identify any significant impacts which would affect human health, risk potential, or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2003-479 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as 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 2003-479 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist attached hereto and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16' day of March, 2004, by the following vote, to wit: AYES: NOES: 10 4 r� PH 1 EA Reso 4 2 City Council Resolution 2004- Environmental Assessment 03-479 Madison Development, LLC March 16, 2004 ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California PH 1 EA Reso Environmental Checklist Form 1. Project Title: General Plan Amendment 2003-094, Zone Change 2003-115, Tentative Tract Map 31348 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Martin Magana 760-777-7125 4. Project location: West side of Washington Street, immediately south of the Plaza La Quinta Shopping Center, and north of Crestview Drive APN: 604-050-009, -010, 643-170-001, -002 5. Project sponsor's name and address: Madison Development, LLC 71361 San Gorgonio Rd. Rancho Mirage, CA 92270 6. General Plan Designation: 7. Zoning: Current: Low Density Residential, Medium Current: Low Density Residential, Density Residential, Community Commercial and Medium Density Residential, Open Space Community Commercial and Open Proposed: Low Density Residential and Open Space Space Proposed: Low Density Residential and Open Space 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) General Plan Amendment and Zone Change to amend the land use designations on 37.72 acres from Community Commercial, Medium Density Residential, Low Density Residential and Open Space to Low Density Residential and Open Space. The Open Space designation occurs on the western half of the property. The Community Commercial designation occurs on the northeasterly portion of the property, and represents approximately one eighth of the acreage. The Medium Density Residential designation occurs on the northcentral portion of the property, and represents approximately one quarter of the property. The balance of the site, along the eastern section of the property, is designated Low Density Residential. The proposed change would result in Low Density Residential designations on all lands currently designated Community Commercial, Medium Density Residential and Low Density Residential. The Open Space designation, which occurs immediately west of the toe of slope, will remain as currently designated. - 12 ,) e-) EA.03.4791 Tentative Tract Map to allow the subdivision of 37.72 acres into 72 single family lots and one open space lot. Access to the project will be provided from both Washington Street and Highland Palms Drive. An area of approximately 0.4 acres will be dedicated to on -site retention. The residential lots would range in size from 8,133 to 16,409 square feet. After the project's initial review by the Planning Commission and City Council, the latter directed the consideration and review of several options for circulation into and out of the site. The concerns of the City Council included traffic safety issues such as accelerating and decelerating vehicles at the project entrances, as well as turning movements associated with the project entrance. Four options were developed, and are described below. Option 1 — This option includes the original proposal, which was an access driveway into the tract centered along the tract frontage on Washington Street with a 100-foot long southbound deceleration lane. The entrance on Highland Palms Drive would full access for residents and emergency vehicles. Option 2 — This option proposes an access driveway into the tract from a newly reconfigured intersection at Singing Palms Drive and Washington Street with a 200-foot long southbound deceleration lane into the project and a traffic signal. This option would require the acquisition of two private residences on Singing Palms Drive, the installation of a roadway west of the intersection of Washington Street and Simon Drive, and installation of a traffic signal at the same intersection. The intersection would be configured to accommodate full turning movements. The new roadway would provide direct access to a proposed development (TTM 31348) and to the existing neighborhood south of the site. Option 3 — This option would allow a right -in only access driveway into the tract from the reconfigured frontage road alignment near the southerly portion of the tract on Washington Street with a 200-foot long southbound deceleration lane. This option would require no acquisition of private property, a deceleration lane for the proposed project, the installation of an entry driveway on the west side of Washington Street with restricted turning movements (right-in/right-out), and no traffic signal. Also, a dedicated one-way lane for the residents to the south would remain as is currently provided. This would also provide a way for the residents exiting the proposed development to access the signalized intersection at Washington Street and Highland Palms Drive via the frontage road. Option 4 — This option would allow an access driveway into the tract from a reconfigured/combined access that would also serve the Plaza La Quinta shopping center, with a 150-foot long southbound deceleration lane. Under this option, the existing access to the Plaza La Quinta Shopping Center on Washington Street would be removed. Upon further consideration, Option 2C was selected as technically responding to both the applicant's needs and the City's requirements. A General Plan Amendment (No. 2004-099) to address the changes required in City Policy has been prepared and reviewed under CEQA through the preparation of Environmental Assessment 2004-501. The approval of the General Plan Amendment is required to allow the proposed project to proceed under Option 2C. This Environmental Checklist has been prepared to review the potential environmental impacts associated with Option 2C on the proposed Tentative Tract Map (please see the discussion 41A EA.03.4791 -2- under Noise, Section XI, and Traffic and Circulation, Section XV.) All other components of the original analysis remain as originally prepared, and have not been changed because the impacts associated with the proposal have not changed. A draft and final EIR were previously prepared for a commercial project on the site. This document, although not certified by the City, provides important technical background data on the project site, and has been used in preparation of this environmental document. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Existing commercial retail shopping center (Plaza La Quinta) South: Existing single family residential development West: Vacant, Open Space lands East: Washington Street, existing commercial retail shopping center (La Quinta Court) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 14 EA.03.4791 -3- 4 2" 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation .Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory, Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ?I � /0—Y Date Signature BA.03.479 -4- 15 4 -4J� r- 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. 16 ((++ EA.03.4791 -5- ,Q 4 62 6 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)-c) The proposed project site has previously been a residential and agricultural site. An orchard is still present on the project site, as are some small structures. The proposed project will consist of single family residential dwelling units, one story in height. The proposed change in land use designation will result in a lowering of potential impacts associated with scenic resources, since the structures can be expected to be smaller than those which would be constructed for a commercial project or a medium density residential project, both in bulk and height. The property is immediately adjacent to the toe of slope of the Santa Rosa Mountains. However, the construction of single family homes will not represent a significant obstruction to the slopes of the Santa Rosa Mountains. Overall impacts to aesthetic resources are expected to be less than significant. I. d) The project site will generate light from residential outdoor lighting, on a property which currently does not generate light. All lighting on the site will be regulated by the City's Dark Sky Ordinance, which ensures that lighting levels do not spill over onto other properties. This standard, combined with the low lighting levels generated by residential land uses, will ensure that impacts from light and glare are less than significant. 1 7 4,2 EA.03.4791 -6- 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.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Project description, site photos.) II. a)-c) The proposed project site is still planted with date palms and fruit trees, and is at least partially in production. The site is not, however, considered to be prime agricultural land either in the City's General Plan, or in regional and state documents. The site is an isolated parcel now surrounded by urban development, and has limited potential for continued agricultural use. The significance of the site as an agricultural concern is primarily associated with potential historic issues, which are discussed further in Section V., Cultural Resources, below. The site will be converted to residential land uses which have the potential to maintain the character of an orchard, however, through the planting or relocating of date palms. This issue is discussed further in Section V. As an isolated and low -production date farm, the site has limited value for agricultural production, and is surrounded by urban land uses, and impacts associated with the loss of this parcel to agriculture are expected to be less than significant. EA.03.4791 -7- 4 2' 8 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The City's primary source of pollution is the automobile. The proposed project will consist of the development of 72 single family residential units and associated improvements. The residential units will generate approximately 708 vehicular trips per day at buildout. These trips will generate the following emissions of criteria pollutants. 19 ._ _4.1 9 EA.03.4791 -8- Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 708 x 7 = 4,956 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 446.04 11,597.04 2,378.88 - 49.56 49.56 Pounds at 50 mph 0.98 25.60 5.25 - 0.11 0.11 SCAQMD Threshold (lbsJday) 75 550 100 150 Assumes 72 market rate homes, ITE categories 210. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for criteria pollutants. Impacts associated with these pollutants are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and as an on -going issue. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities : Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 995.3 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In order to mitigate the potential impacts associated with PM10 dust generation at the site, the following mitigation measures shall be implemented. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. EA.03.4791 -9- 430 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. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Washington Street and Crestview Terrace shall be installed with the first phase of development. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction - related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 10. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM10 Management Plan. n EA.03.4791 -10- 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., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) e) Conflict with any local policies or X ordinances protecting biological EA.03.4791 -11- resources, such as a tree preservation policy or ordinance? (Master Environmental Assessment, p. 73 ff., Draft EIR, The Pointe at Point Happy Ranch, September, 2001) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment, p. 73 ff.) IV. a)-f) The proposed project site is currently an underutilized date farm, and has been for almost 90 years. The probability of species of concern occurring on the project site are therefore extremely low. The site is designated within the critical habitat boundary for the Peninsular bighorn sheep, but those areas on the Valley floor are not appropriate for sheep habitat, and those areas above the toe of slope will be preserved as open space. Finally, the site's proximity to Highway 111, and the lack of sheep activity recorded in the hillsides north of Avenue 48 (extended), make it unlikely that sheep frequent this area. A biological field survey was conducted for the previously proposed commercial project for this site'. Although some natural communities were identified in this analysis, they were clearly highly disturbed, and have little value. The only portion of the site which is still relatively undisturbed, and which will continue to be so, is the hillside proposed for preservation as open space. As such, impacts to biological resources on this portion of the site are expected to be minimal. The study did find, however, that potential habitat for loggerhead shrike occurs on the property, particularly nesting and foraging habitat. The EIR further identified indirect impacts to bighorn sheep as being possible for this site. The development of single family residential dwellings will provide a different type of development on the project site, but will ultimately have the same potential impacts to biological resources, insofar as the site will be substantially altered from its current state. One design change proposed by the applicant is a favorable improvement to the previous proposal, and has eliminated the need for one mitigation measure. Specifically, the applicant proposes the installation of a six foot high perimeter wall on all sides of the property, including the adjacent lots to lot 73. With this design feature, the potential need for a perimeter wall to protect sheep from the project site has been eliminated, and it has not been included in the mitigation measures below. Impacts to biological resources could be significant, without the implementation of the following mitigation measures: "Draft Environmental Impact Report for the Pointe at Point Happy Ranch," prepared by Impact Sciences, September 3 2001. EA.03.4791 -12- 4 v 3 1. Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird Act are nesting on the property. Should such nests be identified, buffer areas in conformance with the Act, but no less than 50 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest. The required field survey shall be submitted to the Community Development Department for review and approval prior to the issuance of the first permit for demolition, grubbing, grading or building on the site. 2. The project applicant shall provide an easement to the City, to be approved by the City prior to recordation of the final map, ensuring the preservation of lot 73 as open space in perpetuity. 3. Blasting and pile -driving, or other excessively loud construction activity, shall be prohibited from January 1 through June 30 of each year. 4. All lighting on the project site shall be directed away from the hillsides. The project CC&Rs shall include this prohibition for individual homeowners. 5. Plants toxic to bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. 6. The CC&Rs for the project shall prohibit dogs from running loose in the project site. 7. The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. 8. Prior to the issuance of grading permits, the applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted to the Community Development Department for review and approval. 24 4%'.)�4 EA.03.4791 -13- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the roject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Section 15064.5? ("A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. Al., March, 2001.) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Section 15064.5? "A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("A Phase I Cultural Resources Investigation of the Point Happy Ranch...," McKenna et. al., March, 2001.) V. a), b) & d) A cultural resource study was completed for the previous project proposed for this site2, and revised at the direction of the Historic Preservation Committee. The study found that the site is a potentially important historical resource, insofar as it has been in operation since the early 1920s, Potential resources on the site include residential and farm structures, orchards and roads. All these were studied for the report, and recommendations made as to their significance and disposition. The study found that the site is subject to important potential oral history for the City and region. The study further found that the structures on the site had limited or no historic value, primarily due to significant alterations. The study did not, however, provide criteria for qualification as a National Register structure. Finally, the study found that buried cultural deposits could occur, and that site monitoring is warranted during earth moving activities. The development of the residential project will have fewer impacts than that previously proposed, however, the impacts to cultural resources will be similar, and must therefore be mitigated, as described below: 2 1 "A Phase I Cultural Resources Investigation of the Point Happy Ranch...," prepared by McKenna et. al., March, J 2001, updated October 2003. `' r EA.03.4791 -14- `� 1. Prior to issuance of any grubbing or grading permit for the site, the project proponent shall submit an Oral History to the Community Development Department and La Quinta Historical Society. The oral history shall be prepared in accordance with the City's and the Society's standards for such documents. 2. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of its historical context, including but not limited to, its relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources Report shall be completed prior to issuance of Certificate of Occupancy and be considered independently by the Historic Preservation Committee at a future date. 3. The applicant shall prepare a technical report on the eligibility criteria for National Register. 4. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to City prior to issuance of first earth -moving or clearing permit. A final mitigation monitoring report shall be submitted to the Historic Preservation Committee prior to the issuance of a building permit for the first production home for the project. 5. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. V. c) The proposed site occurs outside the boundaries of ancient lake Cahuilla, and is therefore not expected to contain any paleontologic resources. .l l 26 EA.03.4791 -15- �# .. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) X b) Result in substantial soil erosion or X the loss of topsoil? (General Plan Exhibit 8.4) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i), iii), iv), b)-e) The project site is not located in an Alquist-Priolo Earthquake Fault Zone, nor is it subject to liquefaction. The proposed project will have no impact on these geologic hazards. VI. a) ii) The project site is located in a Zone IV groundshaking zone. The City and project site will be subject to significant ground shaking in the event of significant seismic activity2 EA.03.4791 -16- v 1 The City Building Department has implemented California Building Codes which, are intended to lower the potential impacts associated with groundshaking to less than significant levels. In addition, no critical facilities will be built at the site, rather single family residences are the only structures planned. These structures will be required to implement the most recent building codes in place at the time of construction. Impacts associated with groundshaking are expected to be less than significant. VI. a) ii) The site has the potential to be susceptible to rockfall due to its proximity to the slopes of the Santa Rosa mountains. The City Engineer requires the preparation of on -site geotechnical studies prior to the issuance of grading permits. However, this analysis generally does not include rockfall susceptibility. In order to assure that the homes proposed for the site are not subject to these potential impacts, the following mitigation measure shall be implemented. 1. As part of the site -specific geotechnical analysis required for the project with submittal of building plans, the project geologist shall include an analysis of the surrounding steep hillsides, and shall make recommendations about the stability of these hillsides in his/her report, including slope modifications required to assure that roackfall will not impact project residences. The report shall be reviewed and approved by the City Engineer prior to the issuance of grading permits. 28 EA.03.4791 -17- 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 EA.03.4791 -18- 4 v J 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 result in the construction of 72 single family residences. No concentration of hazardous materials is expected in these homes. The City implements household hazardous waste programs through its solid waste franchisee. The site is not located within the vicinity of an airport or airstrip, nor is it subject to wildland fires. 30 4 11) EA.03.4791 -19- Potentially Significant Less Than Significant w/ Less Than Significant No Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALIFY -- Would the ro'ect: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ("The Estates at Point Happy Hydrology and Hydraulics Report," MDS Consulting, July 2003) 31. EA.03.4791 -2014 - 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) & b) The construction of 72 homes will not significantly impact water supply, nor will it violate water or wastewater requirements. The project proponent will be required to implement the City's Water Efficient Landscaping and construction provisions, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) A hydrology study was prepared for the proposed project3. The proposed project will be responsible for the drainage of on- and off -site flows. Because of the site's adjacency to the Santa Rosa Mountains, flows from the slopes must be accommodated within the project. The hydrology design includes a combination of surface drains and underground pipes, leading either to an on -site retention basin, or to a City drainage pipe which, occurs under Washington Street. These improvements will be reviewed and approved by the City Engineer to ensure that the City's standards for on -site retention of 100 year storm events are adhered to. Conformance with these standards will ensure potential impacts are lowered to a less than significant level. VIII. e)-g) The construction of 72 homes will not have an impact on the City's storm drainage system. The site is not located within a FEMA designated 100 year storm area. ;J 3 3 "The Estates at Point Happy Hydrology and Hydraulics Report," prepared by MDS Consulting, July, 2003. EA.03.4791 -21- 4 [; Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING — Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The project site occurs adjacent to existing single family development on its southern boundary. The proposed project will continue this type of development by constructing single family homes. The proposed General Plan Amendment and Zone Change will extend an area of Low Density Residential further to the north. The site is located adjacent to neighborhood commercial development, thereby facilitating easy access to the services required by residents. The change in General Plan and Zoning designations will lower overall impacts on the site, and provide an added opportunity for the provision of a variety of housing types in the City. Impacts of the change in land use designations is expected to be insignificant. 33 4'! 3 EA.03.4791 -22- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MIlNERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. EA.03.4791 -23- 34 444 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE B Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (Project description) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (Project description) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a), c) & d) The proposed project is in an area of the City where ambient noise levels are high, and are currently estimated at 76.1 dBA CNEL at 100 feet from the centerline of Washington Street, north of Highland Palms Drive. Further analysis performed for the previous project on this site indicated that 2020 noise levels will reach 77.3 dBA CNEL4. Noise 4 Analysis performed by Impact Sciences for "Draft EIR for the Point Happy Ranch, September 2001. .i t EA.03.4791 -24- 4 levels on lots closest to Washington Street are not expected to exceed City standards, due to their distance from the roadway, and intervening structures. There are two potential noise impacts associated with project development — noise generated by the project and impacting surrounding development; and noise generated by other sources and impacting the project site. These are discussed individually below. The proposed project will result in the construction- of 72 single family dwellings on 37.72 acres. Residential land uses are not significant noise generators, and are not expected to significantly impact the noise environment in this area. Noise generated during the construction process, however, has the potential to impact the residential land uses to the south of the proposed project site, both along Washington Street and along Crestview Terrace. Although noise impacts associated with construction will be periodic and of short duration, it can be an annoyance and irritant to adjacent residents. In order to reduce potential impacts associated with construction activities as they relate to these residences, mitigation measures have been included below. Noise at New Residences The proposed residential development is considered a sensitive receptor, and noise levels in the outdoor areas of the homes, including back yards, may not exceed 65 dBA CNEL, in order to meet General Plan standards. The half -width of Washington Street at buildout is expected to be 66 feet (Augmented Major Arterial Roadway Classification in the General Plan). The project proposes a landscaped setback of 20 feet. This will result in backyards at a distance of 86 feet from the centerline. Without mitigation, noise levels in the back yards of lots 8 through 12 will be over 77 dBA CNEL at buildout, and over 76 dBA at construction. The project proponent has included a proposed perimeter wall in the project plan. Noise levels can be attenuated from 10 to 20 dBA by the construction of a 6 foot wall. Added attenuation can also be achieved through the construction of walls on berms, because the berms absorb noise impacts. It is important to note, however, that the effectiveness of the noise barrier is directly related to its structure. A wall with any type of break, including decorative fencing, entry gate, etc., has almost no effect. It can be inferred that the noise barrier proposed will attenuate noise to 57 to 67 dBA at a height of 6 feet. In order to assure that the attenuation meets the City's noise standard, a mitigation measure has been added which also requires the addition of a 1 to 2 foot berm. Because of the entry gates adjacent to lots 7 and 8, additional mitigation measures are required to ensure that noise levels remain at City standards in their side yard areas, since the gates will represent a break in the sound wall. This has also been provided below. Noise Relating to Access Option 2C The access point proposed under Option 2C would be off -site of the proposed project, in an area currently constructed for access only to the existing residences south of the project site. The proposed access modification would eliminate the southbound access to Singing Palms Drive as it currently exists, and would replace it with a fully signalized intersection. The western extension of Simon Drive would extend northwesterly into the 36 EA.03.4791 -25- 41.16 project site of the proposed Tract Map. The relocation of this access point will cause a break in the perimeter wall, which is currently mitigating the noise levels for residents west of the wall. The break in the wall will result in a potential for noise levels in excess of City standard, particularly for the two homes on the south side of Singing Palms Drive, east of Cameo Palms, and the two lots on the frontage drive, south of Singing Palms . Drive, if not mitigated. At the least, the wall which currently occurs south of the proposed project site must be extended northwesterly along the north side of the extension of Simon Drive, and westerly along Singing Palms Drive. The location and height of this wall extension should be analysed specifically for application to this Option 2C, should it be implemented. In order to assure that this Option does not result in any significant impact for existing residents, mitigation measures are provided below to require the preparation of site -specific noise analysis and recommendations for the relocated access drive. 1. All internal combustion equipment operating on the site shall befitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located in the southwestern quarter of the site, as far away from existing homes and the surrounding hillsides as possible. 3. Construction activities shall be limited to the hours prescribed in the. La Quinta Municipal Code. 4. A six foot wall shall be constructed on all sides of the property, except the frontage on Washington Street. 5. If Access Option 1 is implemented, a six foot wall, constructed on top of a varying berm of 1 to 2 feet in height, shall be constructed on the frontage on Washington Street. The wall shall be entirely of solid construction, with no breaks or "daylight" openings. The wall and berm shall be continued to the front yard setback line on the north boundary of lot 11 and the south boundary of lot 12. There shall be no breaks in the wall, from the front setback line to the connection with the wall on Washington Street. 6. If Access Option 2C is implemented, a six foot wall, constructed on top of a varying berm of 1 to 2 feet in height, shall be constructed on the frontage on Washington Street. The wall shall be entirely of solid construction, with no breaks or "daylight" openings. The wall and berm shall be continued to the front yard setback line of lot 8 (amended map layout), surrounding the retention basin. There shall be no breaks in the wall, from the front setback line to the connection with the wall on Washington Street. 7. If Access Option 2C is implemented, prior to the issuance of building permits for any portion of the site, a noise analysis shall be conducted to specifically recommend wall location and height for the homes on Singing Palms Drive, east of Cameo Palms. The project proponent shall receive approval for construction of any wall from the affected property owner, and shall submit all required building plans on behalf of said property owner. The project proponent shall cause the recommended walls to be installed prior to the issuance of the first certificate of occupancy on the proposed project. 8. Only single story homes shall be permitted on all lots. 31 EA.03.4791 -26- `t ,R tj ►9"f 9. The pad elevations on lots 8 through 12 shall be as close to 72 feet or less, so as to limit exposure on Washington Street. These mitigations measures will reduce noise levels at the street -side lots to City standards. XI. b), e)-f) Residential land use will not generate ground borne vibrations. The project is not located in the vicinity of either an airport of airstrip. 38 EA.03.4791 -27- 4 ell 8 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project will result in 72 housing units, which are likely to generate about ±173 residents. This increase in population is not significant, and is consistent with projected growth in the City. No impacts are expected to population and housing. 33 EA.03.4791 -28- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIH. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIH. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax, which will offset the costs of added police and fire services. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. Impacts to parks will be limited, given the buildout population of ±173 for the site. 40 EA.03.4791 -29- 450 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) Some private open space will be provided within the project site, in the form of retention areas and public open space. The proposed residential lots will be of sufficient size to allow on -site recreational facilities. The proposed project will also be included in the City's planning for new parks once constructed. 41. EA.03.4791 -30- 4 v Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Project description) e) Result in inadequate emergency X access? (Project description) f) Result in inadequate parking capacity? X (Project description) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) Traffic analyses have been completed for the project site for both the previously proposed commercial project, and the analysis contained in the General Plan EIRS. In addition, a 5 "The Pointe at Point Happy Ranch Traffic Impact Analysis," prepared by Urban Crossroads, March, 2001; General Plan Environmental Impact Report, City of La Quinta, March, 2002. �7 ti 4 EA.03.4791 -31- 14J4. review of the traffic analysis was conducted for the currently proposed projece. The first two analyses focused on the land uses currently allowed on the property, including Community Commercial, Medium and Low Density residential. The last analysis, performed for the proposed project, focused on analysis of the proposed project. The previously completed analysis, for the commercial proposal, resulted in a daily trip generation of 5,715 ADT. The currently proposed project results in daily trips totaling 795 ADT, or a reduction in overall trips of 4,920 ADT. The intersection of Highway 11 and Washington Street is expected to operate at Level of Service D at General Plan buildout. Although this level of service is acceptable, the proposed project will relieve traffic pressures at this critical intersection, and must therefore be considered a beneficial impact on the region's traffic and circulation. Access Option 1 The access to the site on Washington Street will be restricted to right turn only. Access on Crestview Terrace will also be restricted. U-turns will be available for those wishing to change direction at both Highland Palms Drive and Highway 111, which are both signalized intersections with left turn phasing. This Option would also result in an increase in daily trips on Highland Palms Drive, which would be used by residents wishing to exit the site and proceed northerly. The increase in trips would not, however, be significant, insofar as it would total 160 ADT'. The internal design of the site calls for entry gates at both entry points. The entry gates on Washington Street will provide a stacking distance of over 90 feet, which exceeds the City's standards for stacking distances. Access Option 2 Access Option 2 reconfigures the intersection of Simon Drive and Washington Street to a full intersection, and allows the proposed project to access from Simon Drive (extended), into the southeastern corner of the project. This option also allows existing residents to enter and leave their subdivision at a signalized intersection. Analysis completed for this Option found that it would eliminate the need for U-turns on Washington Street, and provide signalized access to the commercial land uses east of Washington Street. In addition, this alternative eliminates the need for vehicular access on Highland Palms (except for emergency access), thereby eliminating the potential impacts on a local street. This alternative provides a less impacting access in relation to Washington Street, which is already impacted by right turns into and out of the commercial center to the north of the proposed project. Implementation of this option will have less than significant impacts on the traffic and circulation system. Parking will be provided on -site, as required in the Municipal Code. Bus stops are provided immediately north and south of the project site, and will be available to project residents. 6 Letter Report prepared by Weston Pringle & Associates, signed Weston Pringle, P.E., March 18, 2003. 7 Letter Report prepared by Weston Pringle and Associates, dated December 9, 2003. 43 8 Ibid. EA.03.4791 -32- 4 4 3 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) EA.03.4791 44 9 -33- XVI. a)-g) Utilities are available at the project site. The land use intensity will be considerably decreased by implementation of the proposed project, and impacts will therefore be less than those analyzed in the General Plan EIR. All utilities charge a fee for connection and service, which will be paid by the developer or homeowner when the project is constructed. These fees are designed to recoup costs for the provision of services by the individual providers. No significant impacts associated with utilities are expected as a result of the proposed project. 45 EA.03.4791 -34- 4 " r 4vJ Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The project site is adjacent to critical habitat for the bighorn sheep, and may provide nesting habitat for birds subject to the protections of the Migratory Bird Act. Mitigation measures have been included in this document which will reduce these potential impacts to less than significant levels. The site has potential significance from a historic perspective, and may harbor prehistoric materials. Mitigation measures have been included in this document which will reduce potential impacts to less than significant levels. XVII.b) The proposed project and associated land use amendments will improve traffic conditions at a critical intersection, and will reduce land use impacts to neighboring residents by 46 e Ll v J EA.03.4791 -35- limiting development to single family residences. The project is compatible with the General Plan and increases the City's housing stock. XVII. c) The project will not have considerable cumulative impacts, and will not exceed those impacts identified in the General Plan EIR for this area of the City, or the City as a whole. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, which can cause negative health effects, Section III above, includes a number of mitigation measures to reduce the potential impacts on air quality to a less than significant level. Noise impacts have been mitigated through the installation of walls and the restriction of building heights in sensitive or potentially sensitive areas. Impacts have been reduced to a less than significant level. 47 EA.03.4791 -36- v I 4-4 o 0 b � 1-4 S � U 'a a a.r g O N o cv O zz wo UH W aV A O �V O O v a U a U S Q o C, r" cr-I 00 a "Ir > -4 M HMO M o ti "cl wc7g�g 0 H C zV z a� Av w� r F A z Ox UU 'd U w F y b eQ m a b N Q. U as o U" o O'. o o w 00 a U >, >el bA � :b b o ou o z U U U U a+ F O y U y si U U �O WD . + �O � 0 bQ OA bA bU a ND an to ao u o U U U CA u A GG GA z 3 o ; � N 0 0 p -� o U p e cl C o 0 0Cl a� 3-Nd U F 04 a o Oa b cd a 0lul one U a 0 .cd+ v� �.y' � '� � y � � a1 3 U C� O y � t� � a E-+ o � W Q� O Cd v� •� > ••�• � �� H A a U UU Q o o 0c3U U� on 'd w 0 0 0 0 0 tip F U •� •a O O W ..r O . U pp V pp O§ O O O 4 = x a 7� a a ap o A �a�io o biD toA O� UA U W G�1 oaoi UAU U Oa) UA pV// W �3CA S b �n �o a �i v 3 V� • �r > w y o 'b a S a� x �. o . 2 s �CA 0 0484 0 0 b rAC �� o o� z� o 0 z 0 49 ��3 H d A z a av W Ov a 0 o� -d0 7:1.0 d w b ors w v b i b w 8 G-1 04 a v) a4 a v) a a v) a `" ra 0 0 Gb E U W U O O � O pq w Wz o 0 0 0 EA A A A A 12 UA UA UA UA ob ri G r , I�1 Cd48 � 0 1�I V: to CN"" 4 con F d A aWWTU UV .dog b y •,� Z aA F O O a �O U y O � U a o 50 4G0 H d A a U UV o 0 0 0 0 W U U U a U a 0•� ..� a v, a v, cis vn vn a p o 0 0 p, 84 U ^M�UyU±"to tbto to O O O O O tYi O � � 04 z04 0 04to to to Q7 F v� oo b4 G�7 °ao w ° to F a 40. a a 0. =° 0 8 " � a � �. o c. � 4. o W �� DC �0 cnc U° u v0 a: w°�V 51 46-1 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO CHANGE LAND USE DESIGNATIONS FROM COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY RESIDENTIAL (MDR) TO LOW DENSITY RESIDENTIAL (LDR) CASE NO.: GENERAL PLAN AMENDMENT 2003-094 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18th day of November, and on the 16' day of December, 2003, and on the 16th day of March, 2004, hold duly noticed Public Hearings to consider General Plan Amendment 2003-094 to change land use designations from Community Commercial and Medium Density Residential to Low Density Residential, generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23" day of September, 281h day of October, 2003, and on the 24" day of February, hold duly noticed Public Hearings to consider General Plan Amendment 2003-094 to change land use designations from Community Commercial and Medium Density Residential to Low Density Residential; and, WHEREAS, said General Plan Amendment 2003-094 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), . in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to justify approving said General Plan Amendment: 52 S:\CityMgr\STAFF REPORTS ONLY\PH 1 GPA Reso.doc 4�? City Council Resolution 2004- General Plan Amendment 03-094 Madison Development, LLC March 16, 2004 1. General Plan Consistency: The proposed General Plan Amendment is consistent with the goals, objectives and policies of the General Plan in that the Amendment will provide for continued single-family development adjacent to existing single-family development. 2. Public Welfare: Approval of the proposed General Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes will be less intensive and consistent with existing land uses in the immediate area south of the site. 3. General Plan Compatibility: The proposed General Plan Amendment will be compatible with existing and surrounding land uses in that it will be consistent with development in the immediate area and consistent with the City of La Quinta General Plan. 4. Property Suitability: The proposed General Plan Amendment will be suitable and appropriate for the property and adjacent properties in that it will be consistent with the permitted uses in neighboring communities and in accordance with the Zoning Code and goals, objectives and policies of the City of La Quinta General Plan. Urban services are currently accessible to the site which, will allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the proposed General Plan Amendment is warranted because the land has been determined to be suitable for residential development. The change in land use from commercial to residential development is warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council; and 53 PH 1 GPA Reso 463 City Council Resolution 2004- General Plan Amendment 03-094 Madison Development, LLC March 16, 2004 2. That it does hereby approve General Plan Amendment 2003-094, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 161h day of March, 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 54 PH 1 GPA Reso 464 of �/ a I�I�I�I�I�I�I�I��j I:I ��.�� I:1:1:1 nr Z IIIIIIIIIIIIII ICtII 0 IIIIIIIIIIIIIIIIIII ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE FROM COMMUNITY COMMERCIAL (CC) AND MEDIUM DENSITY RESIDENTIAL (RM) TO LOW DENSITY RESIDENTIAL (RL) CASE NO.: ZONE CHANGE 2003-115 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 181h day of November, 16h day of December, 2003, and on the 16th day of March, 2004, hold duly noticed Public Hearings to consider Zone 2003-115 to change zoning designations from Community Commercial and Medium Density Residential to Low Density Residential, for the property generally located on the west side of Washington Street at 46-201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23`d day of September, 281h day of October, 2003, and on the 241h day of February, 2004, hold duly noticed Public Hearings to consider Zone 03-115 to change zoning designations from Community Commercial and Medium Density Residential to Low Density Residential; and, WHEREAS, said Zone Change 2003-115 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project to reduce impacts to less than significant levels; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, City Council did make the following mandatory findings to approve said Zone Change: 1. Consistency with the General Plan: The proposed Zone Change is consistent with the goals, objectives and policies of the General Plan in that the Zone Change will provide for continued single-family development adjacent to existing single-family development. 5G S:\CityMgr\STAFF REPORTS ONLY\PH 1 ORD Mdoc City Council Ordinance No. Zone Change 03-115 Madison Development, LLC March 16, 2004 2. Public Welfare: Approval of the proposed Zone Change will not create conditions materially detrimental to public health, safety and general welfare in that the proposed changes are less intense and consistent with existing land uses south of the site in the immediate area. 3. Land Use Compatibility: The new zoning will be compatible with existing and surrounding zoning designations in that it will be consistent with development in the immediate area and the City of La Quinta General Plan, as amended. 4. Property Suitability: The new zoning designation will be suitable and appropriate for the subject property in that it will be consistent with the permitted uses in the immediate area and in accordance with the Zoning Code. Urban services are currently accessible to the area, which would allow for planned development in accordance with goals, objectives and policies of the City of La Quinta General Plan. 5. Change in Circumstances: Approval of the new zoning is warranted because the land has been determined to be suitable for residential development. The change in zoning from commercial to residential development is also warranted because commercial uses currently exist adjacent to the site that can serve the surrounding and project areas. Also, there is additional commercial land available for future development near the site that would serve future commercial uses to support the additional residential development. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council; and 2. That it does hereby approve Zone Change 2003-115, as contained in Exhibit "A" attached hereto and made a part of, for the reasons set forth in this Resolution. PH 1 ORb zC 5'7 4u7 City Council Ordinance No. Zone Change 03-115 Madison Development, LLC March 16, 2004 PASSED, APPROVED Quinta City Council, held on this to wit: AYES: NOES: ABSENT: ABSTAIN: and ADOPTED at a regular meeting of the La 16th day of March, 2004, by the following vote, 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 W PH 1 ORD ZC 463 so • O I I I�I�I�I�1�1�1�1�1�1�1 I l l l t l l l l l l l l l l l l l l l l l IL I i l l l l l l l II I I I. 11 1 1 1 1 1 Il l 11 1 1 1 1 1 1 1 1 11 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 I I I I I 1 I I I I I I I I I II I i I.I,I,I,I,I,I,I,I,I,�,I .�� 1,1,1�1,1�1�1�1�1� m RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 31348 TO SUBDIVIDE ± 37.72 ACRES INTO 73 LOTS CASE NO.: TENTATIVE TRACT MAP 31348 APPLICANT: MADISON DEVELOPMENT, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 18" day of November, 16t' day of December, 2003, and on the 16t' day of March, 2004, hold duly noticed Public Hearings to consider Tentative Tract Map 31348 to subdivide ± 37.72 acres into 73 lots (72 single-family residential lots and one open space lot), generally located on the west side of Washington Street at 46- 201 Washington Street, more particularly described as follows: APNs: 604-050-009 & 010; 643-170-001 & 002 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of September, 28" day of October, 2003, and on the 24' day of February, 2004, hold duly noticed Public Hearings to consider Tentative Tract Map 31348 to subdivide ± 37.72 acres into 73 lots (72 single- family residential lots and one open space lot); and, WHEREAS, said Tentative Tract Map 31348 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2003-479 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures have been imposed on the project that will reduce impacts to less than significant levels; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 31348: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property will be designated Low Density Residential (LDR) and Open Space (OS) which allows single-family residential uses and natural open space, respectively. PH 1 TT 31348 Reso 60 4r0 City Council Resolution 2004- Tentative Tract Map 31348 Madison Development, LLC March 16, 2004 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan and Subdivision Ordinance. Access for the single-family lots will be provided from existing streets in the immediate area. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that the subject site is physically suitable for the proposed land division and currently, development exists to the north, east, and south of the site which has reduced the amount of habitat suitable for any fish or wildlife. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the applicant will be conditioned meet all applicable requirements of the City of La Quinta to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site or support necessary infrastructure improvements for the proposed project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Tentative Tract Map; 2. That it does hereby approve Tentative Tract Map 31348 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. 61. PH 1 TT 31348 Reso 4 71 City Council Resolution 04- Tentative Tract Map 31348 Madison Development, LLC March 16, 2004 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16" day of March, 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 PH 1 TT 31348 Reso 62 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 63 CADocuments and Settings\bsawyer\Local Settings\Temporary Internet Files\0LK7\CC COA TTM 31348-2 Rev 040220.doc 473 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMP shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 64 CC COA TTM 31348-2 Rev 040220 474 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Washington Street — (Major Augmented Arterial, 132' ROW) — Dedicate an additional 6 feet of right of way at location as necessary to achieve a consistent 66-foot wide half -street right of way width as measured from the street centerline. Dedicate right of way to accommodate a 200-foot long by 12- foot wide deceleration lane plus transition serving the westerly extension of Simon Drive. If the applicant is unable to acquire the necessary right of way for the extension of Simon Drive as detailed in dedication requirement #2 below, and if the City Council is unwilling to assist in the acquisition after requested to do so, the deceleration lane requirement noted above shall be modified in location to serve the "default" access option approved by the City Council. 65 CC COA TTM 31348-2 Rev 040220 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 2) Westerly Extension of Simon Drive — The applicant shall acquire and dedicate right of way as needed to construct the westerly extension of Simon Drive and its associated public right of way connections as generally depicted by the Option 2 access concept pursuant to specific configuration requirements of the City Engineer that become known during project design. The public right of way for the westerly extension terminates just north and west of where the cross -connection to Singing Palms Drive connects to the Simon Drive extension. 9. The subdivider shall acquire all property that is needed for public rights of way prior.to submitting the map for final approval by the City Council. If the subdivider is unable to complete the property acquisition as required through its best effort and good faith negotiation, then prior to final map approval the subdivider shall enter into a contingent reimbursement agreement with the City in a form and content acceptable to the Community Development Director and City Attorney. The agreement shall obligate subdivider to cover all expenses incurred by the City as allowed per State Government Code Section 66462.5 if the City elects to commence eminent domain proceedings pursuant to the Code of Civil Procedure. Subdivider acknowledges that the City has not committed to commence eminent domain proceedings or otherwise acquire the property. 10. 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. 11. 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. The required right of way shall accommodate the required roadway travel width plus the approved curb and gutter design. Use of smooth curves instead of angular lines at property lines is recommended. 1) Lot B and C - Private Residential Streets measured from gutter flow line to gutter flow line shall have a 36-foot travel width except at the entry drives. CC COA TTM 31348-2 Rev 040220 66 47u CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 B. CUL DE SACS 1) The cul-de-sac shall conform to the shape shown on the tentative map with 38-foot curb radius at the bulb or larger, using a smooth curve instead of angular lines similar to the layout shown on the tentative map. 12. 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. 13. 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. 14. 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. 15. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 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. 67 CC COA TTM 31348-2 Rev 040220 4;1 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 17. Direct vehicular access to Washington Street from lots with frontage along Washington Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 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. 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. CC COA TTM 31348-2 Rev 040220 68 4178 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 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. Off -Site Street Plan: 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. Perimeter Landscape Plan: On -Site Street Plan: On -Site Rough Grading Plan On -Site Precise Grading Plan: 1 " = 20' Horizontal 1 " = 40' Horizontal, 1 " = 40' Vertical 1 " = 60' 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. All Off -Site Plan & Profile Street Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 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. CC COA TTM 31348-2 Rev 040220 69479 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 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. 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. 70 CC COA TTM 31348-2 Rev 040220 480 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 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 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. 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 71. CC COA TTM 31348-2 Rev 040220 q CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 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 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. 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. 32. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. 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. CC COA TTM 31348-2 Rev 040220 12 48 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 33. 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. 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (ie the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 35. 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. 36. Building pad elevations of perimeter lots shall comply with the pad elevation shown on the tentative map approved by the City Council. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if CC COA TTM 31348-2 Rev 040220 (3 483 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 submitted at different times. 39. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. F : Wf► TCft 40. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 41. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 42. The applicant shall discharge storm water not retained in the proposed retention basin drainage system from on -site, and off -site tributary area assigned to the development site, into the existing storm drain located in Washington Street. The applicant shall pay a prorated share of cost to design and install the storm drain. The prorated share shall be calculated on the basis on the percentage of the capacity of the existing storm drain system utilized by the development's storm water. The applicant's designer shall submit a hydrology report and calculations of the abovementioned capacity usage with the rough grading plan application. 43. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or 74 CC COA TTM 31348-2 Rev 040220 484 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of storm drain and retention basin capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 49. When an applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public. use. The form . of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 75 CC COA TTM 31348-2 Rev 040220 ��J CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 (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 Sc 2 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1► Washington Street (Major Augmented Arterial; 132' R/W): No additional widening on the west side of the street along all frontage adjacent to the Tentative Map boundary is required except 76 CC COA TTM 31348-2 Rev 040220 . /; -86 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane serving the westerly extension of Simon Drive. The west curb face shall be located sixty feet (60') west of the centerline and shall accommodate a 12-foot wide by 200-foot long deceleration lane, plus taper. Other required improvements in the Washington Street right of way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) Design and install a traffic signal at the intersection of Washington Street and Simon Drive. The new signal shall be hard wire interconnected to the Washington Street signals at Highway 111 and at Highland Palms. The applicant shall be responsible for 50% of the cost to design and install the signal and associated signal coordination interconnect. 3) Construct the westerly extension of Simon Drive and a 24-foot wide emergency cross -connection road to Singing Palms Drive as generally depicted by the Option 2 access concept pursuant 7'7 CC COA TTM 31348-2 Rev 040220 48 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 to specific configuration requirements of the City Engineer that become known during project design. The applicant shall also install other improvements as necessary to implement the Option 2 access concept including but limited to: a) sound attenuation wall along Singing Palms Drive and crossing over to the tract perimeter wall for this tentative map, b) access driveway to property on south side of Singing Palms Drive, c) access route from the emergency cross -connection road to the Washington Street frontage road including a key - controlled electrically operated access vehicle gate for emergency and waste service vehicles. d) emergency vehicle gate across the emergency cross - connection road e) pedestrian access way serving pedestrians and bicycles from Singing Palms Drive and the Washington Street frontage road. B. PRIVATE STREETS 1) Lot B and C - Construct full 36-foot wide travel width improvements within a 37-foot right-of-way where the residential streets are double loaded, except at the entry drive areas. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb using a smooth curve instead of angular lines similar to the layout shown on the rough grading plan. D. GATED ENTRY DRIVES CC COA TTM 31348-2 Rev 040220 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 1) Primary Entry (Washington Street) a) The gated main entry on Washington Street shall provide for a minimum of three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non -accepted vehicles. b) The applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around back out onto the main street from the gated entry. c) Two lanes of traffic shall be provided on the entry side of the gated entry, one lane shall be dedicated for residents, and one lane for visitors. 2) Secondary Entry (Highland Palms Drive) a) The gated entry on Highland Palms Drive shall be for emergency vehicle access. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 56. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) 79 CC COA TTM 31348-2 Rev 040220 / • i CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 57. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Westerly Extension of Simon Drive): Full turn access at the signalized intersection. 58. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 59. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 60. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 61. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 62. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 63. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed CC COA TTM 31348-2 Rev 040220 so 490 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 landscape architect. 64. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 65. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 66. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 67. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 68. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 69. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 70. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved 81. CC COA TTM 31348-2 Rev 040220 4 91 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 by the City. Each sheet shall be clearly marked "Record Drawing," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 71. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 72. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 73. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 74. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 75. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. COMMUNITY DEVELOPMENT DEPARTMENT 76. Prior to the issuance of the first Certificate of Occupancy for the site, the project proponent shall submit an Oral History to the Community Development Department and La Quinta Historical Society. The oral report shall be prepared in accordance with the City's and the Society's standards for such documents. U. 82 CC COA TTM 31348-2 Rev 040220 494, CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 77. The applicant shall prepare a technical report on the eligibility for the National Register of Historic Places. 78. The applicant shall submit a revised Phase I Cultural Resources Report regarding the regional significance of the site in terms of it's historical context, including but not limited to, it's relationship to the Bradshaw Trail, the stage coach line, water wells, and prehistoric Indian villages and trails. The Phase I Cultural Resources Report shall be completed prior to issuance of Certificate of Occupancy and be considered independently by the Historic Preservation Committee at a future date. 79. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to City prior to issuance of first earth -moving or clearing permit. A final mitigation monitoring report shall be submitted to the Historic Preservation Committee prior to the issuance of a building permit for the first production home for the project. 80. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 81. The applicant shall design new gates, similar to the existing gates, and incorporate the name "Point Happy Ranch" into the gates. The applicant shall place a plaque on, or .near the gates, commemorating the site and it's relationship to the region. 82. The applicant shall name streets within the development after individuals historically associated with the property. 83. The applicant shall demonstrate that the gates along Washington Street are not "historic" by submitting proof that they are less than 50 years old. Should the gates not be historic, they can be removed and not preserved on site. CC COA TTM 31348-2 Rev 040220 493 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 84. Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird Act are nesting on the property. Should such nests be identified, buffer areas in conformance with the Act, but no less than 50 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest. The required field survey shall be submitted to the Community Development Department for review and approval prior to the issuance of the first permit for demolition, grubbing, grading or building on the site. 85. A three person committee shall be formed, consisting of a representative of the Homeowners' Association (HOA), a representative of the California Department of Fish and Game (CDFG), and the Community Development Director. The purpose of the committee shall be to assess the need for a fence/wall to keep Peninsular Bighorn Sheep from entering the project site. The committee shall monitor sheep activity through various means, including interviews with residents and visitors, and any available scientific data available and/or funded by the HOA. If bighorn sheep are seen on the project site, the committee shall require that the HOA, at its expense, construct an 8-foot fence along the property line between the project and the hillside. Gaps in the fence should be 11 centimeters or less. At the request of CDFG, temporary fencing may be required between the time that sheep are seen on the site and the time that permanent fencing is required. The committee shall exist for a period of 10 years, unless bighorn sheep are documented to no longer inhabit the Santa Rosa Mountains. At the end of ten (10) years, if any one member of the committee deems it necessary for the committee to continue, it shall do so until such time that it is dissolved by a unanimous vote of all its members. 86. The project applicant shall either provide an easement to the City, or evidence of dedication to a non-profit organization, to be approved by the City prior to recordation of the final map, ensuring that the preservation of lot 73 as open space in perpetuity." The lot shall also be a lettered lot on the Final Tract Map. 87. Blasting and pile -driving, or other excessively loud construction activity, shall be prohibited from January 1 through June 30 of each year. CC COA TTM 31348-2 Rev 040220 84 J d CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 31348 - MADISON DEVELOPMENT, LLC MARCH 16, 2004 88. All lighting on the project site shall be directed away from the hillsides. The project CC&Rs shall include this prohibition for individual homeowners. 89. Plants toxic to bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. 90. The CC&Rs for the project shall prohibit dogs from running loose in the project site. 91. The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. 92. Prior to the issuance of grading permits, the applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted to the Community Development Department for review and approval. 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TO WHOM IT MAY CONCERN, AS PREVIOUSLY DISCUSSED, IN THE NEIGHBORHOOD MEETING, HELD AT THE CITY OF LA QUINTA, IN THE BEGINNING OF FEBUARY 2004, REGARDING ACCESS IN AND OUT OF PROPOSED PROJECT, THE ESTATES AT POINT HAPPY: THE ONLY OPTION THAT MAKES ANY SENSE TO THE RESIDENTS OF OUR NEIGHBORHOOD IS TO HAVE A LIGHT INSTALLED AT SINGING PALMS DRIVE AND SIMON DRIVE, CLOSING OFF THE WASHINGTON STREET FRONTAGE ROAD AND SINGING PALMS DRIVE FOR EMERGENCY ACCESS ONLY. ALSO, TO HAVE THE EXISTING DEAD END AT HIGHLAND PALMS DRIVE AND THE PROPOSED PROJECT FOR EMERGENCY ACCESS ONLY. IN ORDER TO ACCOMPLISH THIS TASK, MADISON DEVELOPMENT HAS BEEN REQUIRED TO AQUIRE MY HOME, LOCATED AT 78-550 SINGING PALMS DRIVE, AND MY NEIGHBORS HOME LOCATED DIRECTLY TO THE EAST SIDE OF MY PROPERTY, BORDERING THE WASHINGTON STREET FRONTAGE ROAD. MADISON. DEVELOPMENT HAS TRIED TO AQUIRE OUR HOME IN AN INAPPROPRIATE MANNER, TRYING TO STRONGARM US, AND OUR NEIGHBOR, MR. HUERTA INTO MAKING A POOR DECISION TO FORFIET OUR PROPERTIES WITHOUT BEING COMPENSATED IN AN ACCEPTABLE MANNER. MADISON DEVELOPMENT HAS BEEN DECEIPTFUL FROM THE START. FIRST VERBALLY LEADING JAMES CARPENTER TO BELIEVE THEY WOULD BE HAPPY TO EXCHANGE OUR CURRENT PROPERTY FOR A HOME IN THEIR NEW DEVELOPMENT, OUR CHOICE OF FLOORPLAN, AND LOCATION, ECT. WHEN SEVERAL ISSUES REGARDING CUSTOM UPGRADES, WHICH WE HAVE IN MY CURRENT HOME, AND WOULD EXPECT IN THE NEW HOME, WERE DISCUSSED, MR. WILKERSON INDICATED, "WE HAVE NO PROBLEM WITH THOSE KINDS OF THINGS." A NEIGHBOR, OF MINE WAS PRESENT AT THAT MEETING AND CAN TESTIFY TO THEIR REMARKS. AT A LATER DATE MADISON DEVELOPMENT TOOK THAT OFFER AWAY, OFFERING US, ONLY THEIR UNACCEPTABLE LOWBALL APPRAISAL OF OUR PROPERTY, TOWARDS THE PURCHASE OF ONE OF THEIR HOMES. ALL THE TIME, NEVER COMMUNICATING WITH US DIRECTLY, OPTING TO LET THEIR SECRETARY THREATEN US WITH THE ISSUES OF CONDEMNING OUR HOME, OR THREATING TO HAVE THE CITY PURCHASE OUR HOME UNDER EMINENT DOMAINE. CLEARLY THIS IS A RESIDENTIAL ISSUE AND NEITHER CONDEMNENATION OR EMINENT DOMAINE APPLY. AS INDICATED TO US BY MR. MARTIN MAGANA, ASSOCIATE PLANNER, CITY OF LA QUINTA, THE CITY HAS NO INTENTION OF TRYING TO DECLARE EMINENT DOMAINE AND PURCHASING OUR HOME FOR THE BENEFIT OF MADISON DEVELOPMENT. MY DOMESTIC PARTNER AND I ARE LONG TERM SURVIVORS OF A.I.D.S, AND FIND MADISON 1. DEVELOPMENTS UNETHICAL AND HARASSING WAY OF DOING BUSINESS AS AN UNNECESSARY STRAIN ON OUR HEALTH AND WELL BEING. 0 . 0 AT THIS POINT, BECAUSE OF THE EVENTS THAT HAVE TRANSPIRED BETWEEN US AND MADISON DEVELOPMENT, WE HAVE NO INTENTION OF EVER ACCEPTING ANY OFFER TO LIVE IN MADISON DEVELOPMENTS PROPOSED PROJECT, THE ESTATES AT POINT HAPPY. WE MUST BE MONETARILY COMPENSATED IN WHAT WE CONSIDER TO BE AN APPROPRIATE MANNER, BY MADISON DEVELOPMENT, FOR THE INCONVENIENCE THEY HAVE CREATED FOR US. IN OUR VIEW, DEVELOPERS THAT TRY DOING BUSINESS IN THE CITY OF LA QUINTA, IN AN UNETHICAL AND INAPPROPRIATE MANNER, SHOULD BE REPREMANDED BY THE CITY AND NOT ALLOWED TO OPERATE IN OUR COMMUNITY IN THE FUTURE. IN THIS PARTICULAR INSTANCE, WE REQUEST THAT THE CITY OF LA QUINTA NOT ALLOW MADISON DEVELOPMENT ANY FURTHER OPTIONS REGARDING ACCESS TO THEIR PROPERTY, THAT ENCROACH ON OUR NEIGHBORHOOD AND CURRENT STANDARD OF LIVING, AND SHOULD SERIOUSLY CONSIDER THE NEGATIVE IMPLICATIONS OF PLACING A TRAFFIC LIGHT AT SIMON DRIVE AND SINGING PALMS DRIVE. THIS WOULD INCONVENIENCE THE RESIDENTS, VISITORS, AND THE CITY AS A WHOLE. PERHAPS MADISON DEVELOPMENT SHOULD HAVE CONSIDERED THE LIMITED ACCESS ISSUES TO POINT HAPPY RANCH BEFORE PURCHASING THE PROPERTY. INCERELYr, �+ G ROBERT 0. MORIN JAMES H. CARPENTER ter, ; .`. 92 2120104 ROBERT D. MORIN/JAMES H. CARPENTER 78-550 SINGING PALM DRIVE LA QUINTA, CA 92253 CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT 78495 CALLE TAMPICO LA QUINTA, CA 92253 RE: CONTINUATION OF OUR LETTER, DATED 2/16/04, ADDRESSED TO: CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT TO WHOM IT MAY CONCERN, IN THE EVENT, THE CITY OF LA QUINTA APPROVES A TRAFFIC LIGHT TO BE INSTALLED AT SINGING PALMS DRIVE AND SIMON DRIVE, BEFORE MADISON DEVELOPMENT HAS AQUIRED OUR HOME, IN A MANNER ACCEPTABLE TO US, THE CITY OF LA QUINTA WILL BE HELD LIABLE, AND SERVED TO APPEAR IN COURT. THE CITY OF LA QUINTA, MADISON DEVELOPMENT, OR ANY PERSON OR ENTITY REPRESENTING MADISON DEVELOPMENT OR THE CITY OF LA QUINTA WILL HAVE NO AUTHORITY OR SAYSO REGARDING OUR RELOCATION. AS OF THIS DAY 2/20AK BECAUSE MADISON DEVELOPMENT HAS MADE NO EFFORT TO RESPOND TO OUR FINAL OFFER, DATED 1/28/04, WE HEREBY WITHDRAW THIS FINAL OFFER PRESENTED TO MADISON DEVELOPMENT AND THE CITY OF LA QUINTA, DATED1/28/04. SINCERELY, ROBERT D. MORIN/JAMES H. CARPENTER w SUBSCRIBED AND SWO N TO BEFORE CIE THI AY OF U� ` NOTARY PUBLI GMIA M. ROM Comminion # 1452278 Nolory Publk - Comomfo Rkwskw County MyCo n n. Nov 21, 200 93 0 Final Offer 0 1128104 Robert D. Morin 78-550 Songing Palms Drive La Quinta, CA 92263 Attention: Mr. Edward Alderson and Richard Wilkerson Madison Development 71-361 San Gargonio Rancho Mirage, CA 92270 Dear Mr. Alderson and Mr. Wilkerson, After reviewing your Driveby Appraisal, consulting my attorney, and speaking with Don Adolpf, Mayor,City of La Quinta, I find your requests to be totally unacceptable. The City of La Quints absolutly has no intentions of purchasing my home to benefit Madison Development. They require your obtaining my house and my neighbors before approving the light you want I find your threats regarding Condemnation and Eminent Domaine to be totally unfounded. Your so-called negotiating skills are totally substandard and unacceptable. Therefore, you, nor any agent representing Madison Development may contact either myself or my domestic partner, James Carpenter, by phone or in person. All communication must be in writing. We are totally content residing at our present home located at 78-550 Singing Palms Drive, and would not consider moving unless you present me with a cashiers check in the amount of $500,000. If your are unable to meet the above purchase price condition, I expect Madison Development to build a wall around the back of my property, and any properties you might aquire on the east or west sides of my home in the future. The wall must be six feet tall and finished on both sides. If I incur property damage from the wall being built, Madison Development will be held liable, and you will need to make all necessary property repairs. If the powerlines , adjacent to the backside of my property are going to be placed underground, I require it be taken care of in such a manner as to not disturb my existing garden or backyard. Once again, if any property damage is incurred by me regarding the above mentioned projects, Madison Development will be held directly liable and will need to make all necessary repairs. Any of the above mentioned projects are required to be completed to my satisfaction before Madison Development begins construction on your project behind my home. All above conditions are nonnegotiable. In other words, "there is no room for negotiationl" Do not attempt to contact us, unless you have a Cashiers Check made out to me for 600,000.00, (five hundred thousand dollars). We would require you to write up a contract to be presented to us by review of our attorney. The contract would need to include that you are buying our property as is, excluding our furniture, personal belongings, and any plantings we wish to remove from our yard. When the contract is approved and we have a cashiers check in our hand, we would be willing to vacate our property within thirty days. Sincerely, Robert D. Morin RE Final Offer 1I2BA14 Wilfred and Doreen P. Huerta 78-590 Singing Palms Drive La Quinta, CA 92253 Attention: Mr. Edward Alderson and Richard Wilkerson Madison Development ' 71-361 San Gargonio Rancho Mirage, CA 92270 Dear Mr. Alderson and Mr. Wilkerson, After reviewing your Driveby Appraisal, consulting my attorney, and speaking with Don Adolpf, Mayor,City of La Quints, I find your requests to be totally unacceptable. The City of La Quints absolutly has no intentions of purchasing my home to benefit Madison Development. They require your obtaining my house and my neighbors before approving the light you want. I find your threats regarding Condemnation and Eminent Domains to be totally unfounded. Your so-called negotiating skills are totally substandard and unacceptable. Therefore, you, nor any agent representing Madison Development may contact either myself or my wife, by phone or in person. All communication must be in writing. We are totally content residing at our present home located at 78-590 Singing Palms Drhre, and would not consider moving unless you present me with a cashiers check in the amount of $6N,000. If your are unable to meet the above purchase price condition, I expect Madison Development to build a wall around the back of my property, and any properties you might aquire on the east or west sides of my home in the future. The wall must be six feet tall and finished on both sides. 91 incur property damage from the wall being built, Madison Development will be held liable, and you will need to make all necessary property repairs. If the powerlines adjacent to the backside of my property are going to be placed underground, I require it be taken care of in such a manner as to not disturb my existing garden or backyard. Once again, if any property damage is incurred by me regarding the above mentioned projects, Madison Development will be held directly liable and will need to make all necessary repairs. Any of the above mentioned projects are required to be completed to my satisfaction before Madison Development begins construction on your project behind my home. All above conditions are nonnegotiable. In other words, "there is no room for negotiationl" Do not attempt to contact us, unless you have a Cashiers Check made out to me for 600,000.00, (five hundred thousand dollars). We would require you to write up a contract to be presented to us by review of our attorney. The contract would need to include that you are buying our property as is, excluding our furniture, personal belongings, and any plantings we wish to remove from our yard. When the contract is approved and we have a cashiers check in our hand, we would be willing to vacate our property within thiriyfays. lz /lle Z) t Sincerely, 7 `2i'S' L ff�R £,/yl ea�C> c� I �' ICe Rf/' Wilfred Huerta CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California • ss. County of Z AA-" 1 C1 On FP %2l l" 2bt UJl1-1 before me, 4.(I.U,iiYGl A - kA6YL (1/U , t,U w P ul / C Bills Name a. Title a Oploor a p.. •dam , Notary Pdakl personally appeared l� I i Ye P� }�J Ay A(--fd` Narm(s) of Signer(s) LAURA A. MOMALVO Commission # 1379M 1 Notory KING — Col fonria; Riverside County My Comm. E:0wOct8. 200d O personally known to me droved to me on the basis of satisfactory /evidence to be the perso io whose nam subscribed to the withj'a, instrument and acknowledged to me a he �F afthe*,executed the same in hi h j�ir thorized capacity(isej- an t at by hi _hew signature(AKh the instrument the persoa,sj'or the entity upon behalf of which the person acted, executed the instrument. WITNESS my nd and offic'al se . S gnabaa of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.natkmlnotery.org Prod. No. 5907 Reorder. Cap Toll -Free 14M476-sm 96 E • WASHINGTON III, LTD 2811 SANDIA ROAD PALM SPRINGS, CA 92262 February 24, 2004 Oscar Ore i Community Development Manager City of La Quinta 78-795 Calle Tampico La Quinta, CA 92253 RE: Environmental Assessment 2004-501 and General Plan Amendment 2004-009 Dear Mr. Orci, 760-323-9364 Phone 760-416-0835 Fax Washington I 11, LTD hereby requests to submit the following letter in response to Item H, Environmental Assessment 2004-501 and General Plan Amendment 2004-009, scheduled to be heard before the City of La Quinta Planning Commission on February 24, 2004. Please distribute the attached letter to all commissioners. Thank you. Sincerely, Bill Sanchez„ Owner's Representative 760-485-5308 c.c. Jack Tarr, Washington 1 11. LTD 9'7 513 The Keith Companies 11rKC February 24, 2004 Jack Tarr Washington 111, Ltd. 74770 Highway 111, Suite 201 Indian Wells, CA 92210 RE: WASHINGTON PARK PROJECT - Proposed Traffic Signal at Simon Drive & Washington Street This is in response to your request regarding a proposed traffic signal to be located at the intersection of Washington Street and Simon Drive in the City of La Quinta. We have reviewed the following documents: • Washington Park Specific Plan, SP1987-011, Amendment No. 4, 12/17/02. • City of La Quinta Target Development Traffic Impact Analysis, 10/30/02. In the Specific Plan adopted by the City (Resolution 2002-167), traffic signal improvements were addressed at the following locations: Adams Street & Ave. 47; Highway 111 & Adams Street; Highway 111 & La Quinta Drive; Highway 111 & Washington Street; Washington Street & Ave 47. No traffic signal improvement requirements were indicated in the Specific Plan for the intersection of Simon Drive and Washington Street. The Traffic Impact Analysis, prepared by Urban Crossroads, covers Simon Dr. at Washington St. to Avenue 47, to Adams St. and to Highway 111, back to Simon Dr. The analysis considers conditions of roadway geometry and alignments as well as traffic counts at the time of the investigation, June 2002. For the intersection of Simon Dr. and Washington St., the study indicated no traffic signal requirements since, apparently, it did not meet the warrants for a traffic signal. Based on our initial review of the above documents, the Washington Park project does not require a traffic signal at this intersection. However, all new projects within the area should be responsible for preparing new traffic studies to determine if their development requires a signal or other improvements at this location in order to mitigate new traffic impacts. If you have any questions or need additional information, please feel free to contact us at 760-346-9844. Sincerely, The Keith Companies, Inc. Dan Ruiz, P.E. Director of Engineering, Palm Desert Division Palm Desert Division 73-733 Fred Waring Drive Suite 100 Palm Desert California 92260,2590 T: 760.346.984 JN 40889.00 F: 760.346.936t 8 www.keithoo.or 1 f c; # A-1k, 0 Sop m, If the Access Option 2_ is ultimately rejected and the developer is required to implement Access Option 5, the following improvements shall be installed by the developer 2. 3 2 6• t, Design and install street improvements on Washington Street including a 200-foot long deceleration lane. Remove the existing pavement that currently providwingress to neighborhood, and install a landscaped area with a bike path connecting the Washington Street sidewalk to the Highland Palms neighborhood. Remove the existing Washington Street sidewalk and install an 8-foot wide meandering sidewalk along the Washington Street frontage adjacent to Tract 31348 Reconfigure the turn pocket on Washington Street to prevent residents that exit Tract 31348 from gaining access to the left -turn pocket at Simon Drive. Post a $50,000 bond ensure payment of any traffic calming improvements on Highland Palms Drive that may be needed to control traffic speeds. The bond will be release in whole, or in part, after a five-year period if no improvements are needed. O V1 La Quinta City Council: To whom it may concern: WI March 16, 2004 C� Re: Signalization at Washington Street, Simon Drive & Singing Palms ------------ & Option 2, Sub -alternative C. As a resident of 26 years, we are concerned with the additional traffic that the Madison Development would bring to our neighborhood. When this new development is built, it would greatly increase the amount of traffic down our frontage road and along Highland Palms. We are requesting that you vote for the signalization at Washington Street, Simon Drive & Singing Palms to accommodate the development at the Lowe's / Target shopping center. Just this past week -end, we received notice from the Planning Commission on a request for another grocery store in the Lowe's / Target shopping center. This would serve the customers parting that shopping center. This would also better serve the homeowner's of the Madison Development as well. We are also asking you to vote for the Option 2, sub -alternative C which would eliminate traffic on our frontage except for our resident's. We appreciate your concern. Sincerely, Anthony & Janet Allen 46525 Washington Street La Quinta, CA 92253 La Quinta City Council: To whom it may concern: March 16, 2004 42 � Re: Signalization at Washington Street, Simon Drive & Singing Palms -------& Option 2, Sub -alternative C. We are long time resident's (27 years) who are extremely concerned with the traffic issues the Madison Development could bring to our quiet neighborhood. We currently receive extra traffic going to St. Francis Church. (We do realize that the current church entrance will be blocked in the future & a new one built). We are currently the thorough fare, when motorist traveling south on Washington & want to beat a red light at the traffic signal on Washington, 47' & Highland Palms. We attended the Feb. 02, 2004 meeting the Community Development Dept. arranged. We were offered options to choose from. The majority voted on Option 2, Sub -alternative C. On Feb. 24, 2004, we attended the Planning Commission meeting and again our neighbors voted for Option 2, Sub -alternative C. When this new development is built, it is expected to have 72 homes, with 2 & 3 car garages. Add additional vehicles for the gardeners and the pool cleaners, housekeepers, pest control, & more. This would not only create more traffic in our quiet neighborhood, it would make our streets unsafe for our children & pets. This would create more traffic noise. This could decrease our property values. Over the week -end, we received a notice from the Planning Commission, that there is a request for approval of a 12,000 sq. ft. grocery store located southeast corner of Washington Street & Simon Drive. As the shopping center at the Lowe's, Target area is being developed, there definitely will be a need for the additional signalization. The Public Works Dept. Is in the process of synchronizing signals on Washington Street. We are requesting you seriously consider our concerns to keep our neighborhood safe. We also ask you to consider voting for Option 2, Sub -alternative C. We appreciate your concern on our behalf. Sincerely, Steve & Jan Gaylord 46555 Washington Street La Quinta, CA 92253 w. Q4 March 11, 2004 Wilfred and Doreen Huerta 78590 Singing Palm Drive. La Quinta, Ca. 92253 Attention: Mr. Edward Alderson and Richard Wilkerson Madison Development 71-361 San Gargonio Rancho Mirage, Ca. 92270 Dear Mr. Alderson and Mr. Wilkerson This is to inform you that the previous counter offer dated 1/28/04 is now void and not valid any longer. Only if you are still interested in acquiring the easement to your property through the property located at 78590 Singing Palm Drive, a new contract agreement is necessary that will compensate me, Wilfred Huerta and Doreen Huerta for loss of time attorney consultations, attending city meetings, relocating plans, which never materialized, also mental ebullition. The city of La Quinta will also receive a copy of this notice. Sincerely, Wilfred and Doreen Ruerta lxffi�vi 4 QUM& OF9'v5 COUNCIL/RDA MEETING DATE: March 16, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions to: 1) Certify a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2003-490; and 2) Tentative Tract Map 31816, a 26-Lot Subdivision on ± 7.75 Acres, on the Southwest Corner of Westward Ho Drive and Roadrunner Lane Applicant: Mattco Construction RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2003-490, pursuant to the findings set forth in the attached Resolution; and Adopt a Resolution of the City Council approving Tentative Tract Map 31816, subject to the attached conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The site consists of rolling sand accumulations and scrub brush, typical of vacant desert land. The majority of the project site has been significantly disturbed by off -road activity and illegal dumping. The terrain of the site slopes slightly lower to the south. The south boundary wall of the new Indian Springs Golf Course area lies directly to the north across Westward Ho Drive. Single-family residences exist to the south and east of the site; to the southwest is the Vista Dunes Mobile Home Park. Roadrunner Lane, a local residential "1� street, flanks the site's east boundary. Along the north site boundary is Westward Ho Drive, designated as a Collector street in the City's General Plan Circulation Element. The north side of Westward Ho Drive is being widened by the Indian Springs development, within the City of Indio. No prior development applications have been filed on this site. Project Proposal The applicant is requesting approval of a single-family detached home subdivision with 26 lots (Attachment 2). The lots will range in area from 10,087 to 14,560 square feet. The only street within the project will be the northern extension of the existing Roudel Lane, which will be extended through the site to connect with Westward Ho Drive. It is proposed as a 60-foot right -of way, incorporating a 36-foot roadbed flanked by two 8- foot wide sidewalks within 10-foot wide parkways. Roadrunner Lane will be improved at a half -width consistent with Roudel Lane (i.e. 8-foot sidewalk). A small storm water detention basin (Lot A) is shown in the southwest corner of the site. Public Agency Review Staff transmitted the applicant's request to all responsible and concerned public agencies. All comments received are on file at the Community Development Department, and have been incorporated into the attached Conditions of Approval, where necessary and appropriate. Public Notice This case was advertised in the Desert Sun newspaper on February 24, 2004. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. To date, no responses to this notice have been received. Any such correspondence received prior to the meeting will be transmitted to the City Council. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office on February 10, 2004, as required by Section 15072 of the California Environmental Quality Act statutes. Historic Preservation Commission On January 15, 2004 the City's Historic Preservation Commission (HPC) reviewed the property owner's Phase I Cultural Resources Assessment, prepared by Archaeological Advisory Group (Attachment 3). The Assessment found that although the site had not previously been studied, 15 cultural resource sites have been identified within one half mile of the site. The site was surveyed for cultural resources, and none were identified. The study recommends, however, that mitigation measures be implemented, because of the potential for buried resources, and the imported fill which has been placed on the project site which could obscure these resources. The HPC concurred with the report recommendation to monitor the site, and staff has incorporated those measures into the Conditions of Approval. Planning Commission Action On February 24, 2004, the Planning Commission adopted Resolutions 2004-006 and 2004-007, recommending certification of the Environmental Assessment, and approval of the project, subject to findings and conditions. Discussion focused on the following issues and concerns • The grade differentials on the property, primarily along the west and south boundaries. Staff made several clarifications in response to these concerns. • Questions were raised about traffic along Westward Ho, due to the high school and other contributing area traffic. • Appropriate width for sidewalks along the bordering streets. After discussion, Condition 53:A.2.b. was revised to specify a 5-foot sidewalk width for both Roadrunner Lane and Roudel Lane. Minutes from the February 24, 2004 Planning Commission meeting are incorporated as Attachment 3. FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council, certifying a Mitigated Negative Declaration for Environmental Assessment 2003-490, pursuant to the findings set forth in the attached Resolution; and Adopt a Resolution of the City Council approving Tentative Tract Map 31816, subject to the attached conditions; or 2. Do not adopt Resolutions of the City Council, certifying a Mitigated Negative Declaration, and approving the Tentative Tract Map; or 3. Provide staff with alternative direction. r� J Respectfully submitted, G car W. Orci, Interim Community Development Director Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Location Map 2. Proposed TT 31816 3. Minutes of Planning Commission meeting of 2/24/04 RESOLUTION NO. 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 2003-490, FOR TENTATIVE TRACT MAP 31816 CASE NO. ENVIRONMENTAL ASSESSMENT 2003-490 APPLICANT: MATTCO CONSTRUCTION WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of March, 2004, hold a duly noticed Public Hearing to consider the request of Mattco Construction, for certification of Environmental Assessment 2003- 490, prepared for Tentative Tract Map 31816 located on the southwest corner of Westward Ho Drive and Roadrunner Lane, more particularly described as: PORTION OF THE NE '/4 OF SECTION 29, T5S, R7E — S.B.M., AS RECORDED IN DOCUMENT #2001-104102 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of February, 2004, hold a duly noticed Public Hearing to consider adoption of a recommendation on Environmental Assessment 2003-490, prepared for Tentative Tract 31816; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of February, 2004, adopt Resolution 2004-006, recommending that the La Quinta City Council certify Environmental Assessment 2003-490, prepared for Tentative Tract Map 31816; and WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, City Council Resolution 83-63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2003-490) and has determined that the proposed Tentative Tract Map 31816 could not have a significant adverse impact on the environment provided that mitigation measures are required, and that a Mitigated Negative Declaration of environmental impact should be filed; 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 findings to justify their decision to certify said Environmental Assessment: S:\CityMgr\STAFF REPORTS ONLY\3-16-04\PH 3 EA Reso.doc 1 City Council Resolution 2004-_ Environmental Assessment 2003-490 — Mattco Construction Adopted: March 16, 2004 1. The proposed Tentative Tract Map 31816 will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. 2. The project will not have the potential to substantially reduce or cause the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 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. 4. The proposed Tentative Tract Map 31816 will not have the potential to achieve short term 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 Tentative Tract Map 31816 will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed project. 6. The proposed Tentative Tract Map 31816 will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2003-490 and determined that it reflects the independent judgement of the City. s City Council Resolution 2004- Environmental Assessment 2003-490 — Mattco Construction Adopted: March 16, 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. 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 City Council in this case; and 2. That is does hereby certify Environmental Assessment 2003-490, for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 16th day of March, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California J �� City Council Resolution 2004-_ Environmental Assessment 2003-490 — Mattco Construction Adopted: March 16, 2004 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta PH 3 EA Reso P 1, Project title: 2 3 4. 0 Environmental Checklist Form EA 2003-490 for Tentative Tract 31816 Lead agency name and address: Contact person and phone number: Tentative Tract Map 31816 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Wally Nesbit 760-777-7125 Project location: Southwest corner of Westward Ho Drive and Roadrunner Lane, (between Dune Palms Road and Jefferson St.) APN: 649-040-007 Project sponsor's name and address: Mattco Construction, Inc. P. O. Box 2502 Rancho Mirage, CA 92270 General plan designation: Medium Density 7. Zoning: Medium 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.) The Tentative Tract Map proposes to subdivide 7.75 acres into 26 residential lots, lettered lots for retention and streets, and associated improvements. The north -south trending street through the subdivision will be an extension of the existing Roudel Lane which currently ends south of the site. The lots will range from 10,087 to 14,560 square feet. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Indian Springs Country Club (City of Indio) South: Single Family Residential West: Vacant lands, Medium Density Residential East: Single Family Residential 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -I- 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 Date -2- 10.- �4 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -3- J�;J 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 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. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels, and impacts will not be significant. Impacts to aesthetics overall are expected to be less than significant. P:\Wally\Cesedocs\Current\TT31816\EA490 Chklst.doc -4- 12 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. I11-21 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) H. a)-c) The proposed project is not currently in agriculture, nor are there agricultural lands within several miles. The property is within an older part of the City which has been urbanized for some time. There are no Williamson Act contracts on the subject property. Development of the site will not impact agricultural resources. P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -5- 5 X-'13 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impart M. 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 PMIO 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 26 single family homes, which could generate up to 248 trips per day'. Based on this traffic generation, and an average trip length of 7 miles, the following emissions can be expected to be generated from the project site. 1 "Trip Generation, 6`h Edition," Institute of Transportation Engineers, Single Family Detached category. r P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -6- � 4 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 248 x 7 = 1,736 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 45 mph 173.60 3,871.28 694.40 - 17.36 17.36 Pounds at 45 mph 0.38 8.55 1.53 - 0.04 0.04 SCAQMD Threshold (lbsJday) 75 550 100 150 Assumes 248 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 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 204.6 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. P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -7- 7 �� 15 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. Imported fill shall be adequately watered prior to transport, tarped during transport, and watered prior to unloading on the project 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. .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. J 3 0 P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -8- is 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? (Biological Letter Report, Cadre Environmental, January 2004) 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? (Biological Letter Report, Cadre Environmental, January 2004) 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? (Biological Letter Report, Cadre Environmental, January 2004) 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? (Biological Letter Report, Cadre Environmental, January 2004) P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -9- J .17 e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Biological Letter Report, Cadre Environmental, January 2004) 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? (Biological Letter Report, Cadre Environmental, January 2004) IV. a)-f) A biological resource study was completed for the proposed project site 2. The study found that the majority of the project site has been significantly disturbed by off -road activity and illegal dumping. An area of disturbed desert saltbush scrub totaling approximately one half acre occurs at the south boundary of the project site. Although this area could be appropriate habitat for Palm Springs pocket mouse and Palm Springs ground squirrel, neither species was identified on the site. The habitat disturbance, combined with the isolated nature of the site, makes it unlikely that good quality habitat occurs on the site. Impacts to species of concern is therefore expected to be less than significant. The site does not contain any wetlands or riparian habitat, nor is it a wildlife corridor. The site is within the boundaries of the fee area of the Fringe -toed Lizard Habitat Conservation Plan, and will be required to pay the mitigation fee in place at the time that building permits are secured. 2 "General Biological Assessment Results..." letter report, prepared by Cadre Environmental, January 13, 2004. P:\Wally\Casedocs\Current\TT31818\EA490 Chklst.doc -10- IT, 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? (`Phase I Cultural Resources Assessment," Archaeological Advisory Group, November 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to '15064.5? ("Phase I Cultural Resources Assessment," Archaeological Advisory Group, November 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Phase I Cultural Resources Assessment," Archaeological Advisory Group, November 2003) V. a)-d) A Phase I cultural resource study was completed for the project site 3. The study found that although the site had not previously been studied, 15 cultural resource sites have been identified within one half mile of the site. The site was surveyed for cultural resources, and none were identified. The study recommends, however, that mitigation measures be implemented, because of the potential for buried resources, and the imported fill which has been placed on the project site which could obscure resources. Therefore, the following mitigation measure shall be implemented. A qualified archaeological monitor shall be on -site during all grubbing, trenching and grading activities associated with the project site. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department within 30 days of completion of earthmoving activities. Implementation of this mitigation measure will assure that any potential impacts to cultural resources are mitigated to a less than significant level. "Phase I Cultural Resources Assessment for TTM 31816...," prepared by Archaeological Advisory Group, November 2003. J 0 P:\Wally\Casedocs\Current\TT31816\£A490 Chklst.doc -11- 19 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (`•Geotechnical Investigation..." Sladden Engineering, December 2003) ii) Strong seismic ground shaking? X ("Geotechnical Investigation..." Sladden Engineering, December 2003) iii) Seismic -related ground failure, X including liquefaction? (" Geotechnical Investigation..." Sladden Engineering, December 2003) iv) Landslides? ("Geotechnical lnvestiga- X tion..." Sladden Engineering, December 2003) b) Result in substantial soil erosion or X the loss of topsoil? ("Geotechnical Investiga- tion..." Sladden Engineering, December 2003) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property ("Geotechnical Investigation..." Sladden Engineering, December 2003) 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) P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -12- � O Vl. a)-e) A geotechnical analysis was completed for the proposed project site4. The study found that soils on the site are a combination of imported fill and native sands which are considered to have a low potential for expansion. Soils are considered appropriate for single family home construction, with the implementation of standard building and grading practices, which will be required by the City Engineer. Seismic activity on the site, and in the City in general, will cause significant ground acceleration. The City implements Uniform Building Code standards for the construction of any structure. These standards ensure that the construction of homes on the project site will occur in a safe and earthquake resistant manner. The project site is located in an area of very severe blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. The site is not subject to either liquefaction or landslides. 4 "Geotechnical Investigation Proposed Approximately 7.7-Acre Residential Development...," prepared by Sladden Engineering, December 10, 2003. A- P:\Wally\Casedocs\Current\TT31816\EA490 Chkist.doc -13- 21 J v J 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) P:\Wally\Casedocs\Current\TT31816\EA490 Chkist.doc -14- ^ 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 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. P:\Wally\Casedocs\Current\TT31816\EA490 Chkist.doc -15- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would theproject: . a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff.) c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Preliminary Drainage Report" Hacker Engineering, November 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? (Preliminary Drainage Report" Hacker Engineering, November 2003) 0. 8 P:\wally\Casedocs\Current\TT31816\EA490 Chklst.doc -16- 24 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? (Preliminary Drainage Report" Hacker Engineering, November 2003) 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? (Preliminary Drainage Report" Hacker Engineering, November 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) VM. 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 applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The hydrology analysis prepared for the proposed projects demonstrates how the proposed project can retain its 100 year flood flows on site, through the use of a retention basin (shown as Lot A on the Tract Map). The City Engineer will review and approve the drainage analysis for the site, prior to the issuance of any permits. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. "Preliminary Drainage Report," prepared by Hacker Engineering, November, 3, 2003. P:\Wally\CasedocslCurrent\TT31816\EA490 Chklst.doc -17- 25 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 land use and Zoning designations of Medium Density Residential, as 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 within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan fee area, and the project proponent will be required to pay the fees in place at the time of building permits. -18- 26 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -19- 27 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? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundbome vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III- 144 ff.) 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 site is located on Westward Ho, which is not a major street in the City, and therefore does not generate significant traffic. Since traffic is the primary source of noise in the City, existing and future noise levels in this area are not expected to exceed City standards of 65 dBA CNEL exterior. J c P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -20- 28 The project will generate higher noise levels during all phases of construction. This noise generation, however, will occur during the less sensitive daytime hours. In order to minimize the potential impacts to adjacent residential units during construction, the following mitigation measures shall be implemented: 1. Construction activities shall occur only during those hours allowed in the La Quinta Municipal Code. 2. All construction equipment shall be equipped with properly operating and maintained muffler systems. 3. All stationary equipment storage shall occur along the western property line, and as far away from existing dwelling units as possible. The site is not located in the vicinity of an air strip or airport. P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -21- 529 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. 54 P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -22- 30 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 prcitecti'on? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property tax which will offset the costs of added police and fire services, 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. P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -23- 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) )IV. a) & b) The construction of 26 residential units will not significantly impact the need for parks in the City. The City's parkland dedication ordinance requires that an in -lieu fee be paid for the 0.22 acres required for this site. The site is also located within one mile of an existing City park -24- 32 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. I11-29 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. Il1-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 31816) e) Result in inadequate emergency X access? (Tentative Tract Map 31816) f) Result in inadequate parking capacity? X (Tentative Tract Map 31816) 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 less intense than the densities analysed in the General Plan Environmental Impact Report. Traffic levels in the area of the proposed project are expected to be at acceptable levels at buildout of the General Plan. The project proponent will be required to provide on -site parking in the form of garages for each unit. The site 7 P:\Wally\Casedocs\Current\TT31816\EA490 Chklst.doc -25- 33 transit routes. Impacts associated with the buildout of the project site are expected to be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impart XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 f) 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.) -26- 548 34 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 construction of the proposed project is expected to have less than significant impacts on utility providers. -27- 35 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVH. 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 the potential for 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. XVII. c) The construction of 26 residential units is less than could potentially occur on this site, and will not have considerable cumulative impacts and is consistent with the General Plan designation on the property. ~�Q J � -28- 36 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 PMIO, and the site will generate PMIO, which can cause negative health effects, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -29- 37 r. Cd A x 3 a� � o � M I � U 3 0 � 0 N � � N I o v O a � � H U �d aq aa rA c � W ba W 0 �a �aa�Q 9 oa+ �o M o o N L. ., H E~ o rn U t� N E� o z� A U W d E-+ d A v� U w UU � d �o 0 0 N'Uin. Or iG t/] W rA ° bo 0 E, 0 W 0 h .^ a� � off•' °.� ° � on C oAu oo 'G ° =; o•� c c•.. G o a a Q.a a as on A A A A a a w c� a A A ap A V u U U A 0.1 GQ PQ z O N O c0 E a> P E .ui C c tocr A N a)CY 'd `� C ; N d O o c o . w � aw a ° A o 0 = -� a cn c°o 04r,y 0 U104 C> o i.r N -0 OA N O 14 5 � cn 3� Ci: A oa z 4� a U W UU a � 0 U U a� CO) ao �o w a� �o 0-4 ozLOD ce a� A z o a$ � a ~a in WOO 00 U a oo ti :d O on A z a U W VLn o 0 0 � 0 � U o 0 0 0 0 0 O O U A A A i14 W� zx a b "a o o °z ENS o� 553 39 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF TENTATIVE TRACT 31816, DIVIDING 7.75 ACRES INTO 26 SINGLE-FAMILY LOTS, AND OTHER COMMON LOTS CASE NO. TENTATIVE TRACT MAP 31816 APPLICANT: MATTCO CONSTRUCTION WHEREAS, the City Council of the City of La Quinta, California, did on the 16th day of March, 2004, hold a duly noticed Public Hearing to consider the request of Mattco Construction, for approval of Tentative Tract 31816, a request to subdivide ± 7.75 acres into 26 single-family residential lots and several lettered lots, located at the southwest corner of Westward Ho Drive and Roadrunner Lane, more particularly described as: PORTION OF THE NE '/4 OF SECTION 29, T5S, R7E — S.B.M., AS RECORDED IN DOCUMENT #2001-104102 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of February, 2004, hold a duly noticed Public Hearing to consider a recommendation on Tentative Tract 31816; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 24th day of February, 2004, adopt Resolution 2004-007, recommending that the La Quinta City Council conditionally approve Tentative Tract 31816; 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 findings to justify approving Tentative Tract 31816: 1. The La Quinta Community Development Department has prepared Environmental Assessment 2003-490. Based on this Assessment, the Community Development Department has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non - significance. 2. The proposed Tentative Tract Map 31816 is consistent with the City's General Plan with the implementation of Conditions of Approval to provide for adequate storm water drainage, and other infrastructure improvements. The project h5 L. S:\CityMgr\STAFF REPORTS ONLY\3-16-04\PH 3 TractReso.doc 40 City Council Resolution 2004-_ Tentative Tract Map 31816 — Mattco Construction Adopted: March 16, 2004 consistent with the adopted Medium Density Residential land use designation of up to eight dwelling units per acre, as set forth in the General Plan. 3. The design and improvements of the proposed Tentative Tract Map 31816 are consistent with the City's General Plan, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, parking requirements, and timing of their construction. 4. As conditioned, the design of Tentative Tract 31816 and type of improvements, acquired for access through, or use of, property within the proposed subdivision will not conflict with such easements. 5. The design of Tentative Tract 31816 and type of improvements are not likely to cause serious public health problems, in that this issue was considered in Environmental Assessment 2003-490, in which no significant health or safety impacts were identified for the proposed project. 6. The site for Tentative Tract 31816 is physically suitable for the proposal as natural slopes do not exceed 20%, and there are no identified geological constraints on the property that would prevent development pursuant to the geotechnical study prepared for the subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby require compliance with those mitigation measures specified by Environmental Assessment 2003-490, prepared for Tentative Tract Map 31816; 3. That it does grant approval of Tentative Tract Map 31816, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED and. ADOPTED at a regular meeting of the La Quinta City Council, held on this 16th day of March, 2004, by the following vote to wit: AYES: NOES: 41 Resolution No. 2003- Tentative Tract 31249 September 9, 2003 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta PH 3 TractReso rr 42 J 6 CITY COUNCIL RESOLUTION 2004- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 31816 MATTCO CONSTRUCTION MARCH 16, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and 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 improvement plan approval is required, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. r. 4, Y PAWall \Casedocs\Current\TT31816\cccoaTT31816.doc J !4 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 — Mattco Construction Adopted: March 16, 2003 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, or that disturbs less than five (5) acres of land, but which is a part of a construction project that encompasses more than five (5) acres of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper P:\W ally\Casedocs\Current\TT31816\cccoaTT31816.d oc City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 — Mattco Construction Adopted: March 16, 2003 functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 6. The applicant shall offer for dedication on the Final Map all public street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Westward Ho Drive (Collector, 74' ROW) — The standard 37 feet from the centerline of Westward Ho Drive for a total 74-foot ultimate developed right of way. 2) Roadrunner Lane (Local Street, 60' ROW) — No additional right of way is required 3) Roudel Lane (Local Street, 60' ROW) — The total 60-foot ultimate developed right of way as shown on the Tentative Tract Map. 8. 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. 9. 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. 10. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 1 1 . The applicant shall create perimeter landscaping setbacks along all public right- of-ways listed below: P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 4S City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 A. Westward Ho Drive (Collector) - 10-foot from the ROW-P/L. The listed setback depth shall be the average depth where wall designs and improvements are approved/required. 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. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 5 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 12. The applicant shall offer for dedication those easements necessary for the placement and access to, utility lines and structures, drainage basins, mailbox clusters, park lands and common areas on the Final Map. 13. Direct vehicular access to Westward Ho Drive 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. 14. Prior to recording Tract No. 31816, the applicant shall acquire access routes across property located within the subject tract. The access routes shall conform to the geometric lay -out shown on Tentative Tract Map 31816. 15. When an applicant proposes the vacation, or abandonment, of any existing right-of-way, or access easement, the recordation of the tract map is subject to the Applicant providing an alternate right-of-way or access easement, to those properties, or notarized letters of consent from the affected property owners 16. The applicant shall 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 P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 60 F lJ J 46 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 — Mattco Construction Adopted: March 16, 2003 occur. 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. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 19. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Signing and Striping Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc [� 47 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 mounding, and berm design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical C. On -Site Rough Grading Plan: 1 " = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site 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 "Precise Grading" plan is required to be submitted for approval by the Building and Safety Director and the City Engineer. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction. For a fee, established by City Resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 21. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc n 48 ; E� City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 IMPROVEMENT SECURITY AGREEMENTS 22. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 23. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 24. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions that are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event 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. 25. 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 P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 563 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 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. 26. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 27. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 28. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 29. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC. P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 50 561.0t City Council Resolution 2004 Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 30. The applicant shall maintain all open graded, undeveloped land so as to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 31. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform to the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) feet 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 0 8") behind the curb. 32. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 33. 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 P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doe 51 565 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 proposed grading changes to the City Staff for a substantial conformance finding review. 34. 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. 35. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. 36. There is a significant grade differential along the western edge of the property, behind Lots 20 — 26; therefore a retaining wall shall be designed by a licensed structural engineer and/or geotechnical engineer. Options available to the designer are a retaining wall with garden wall design or a terraced retaining wall utilizing stacked blocks with geotechnical fabric design. The wall design shall incorporate landscaped planters on the west side of the wall and shall be approved by the Community Development Director and City Engineer DRAINAGE 37. The applicant shall revise proposed retention basins to 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 P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 52 •�U0 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 24 hour event producing the greatest total run off. 38. 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. 39. 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. 40. 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. 41. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 42. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 43. 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. 44. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 45. 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. 46. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 53 ,- J07 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 UTILITIES 47. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 48. The applicant shall obtain approval of the City Engineer for 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 practical and aesthetic placement. 49. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 50. 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 (street type noted in parentheses): A. OFF -SITE STREETS 1) Westward Ho Drive (Collector; 74' R/W): No additional street improvements. P:\Wally\Casedocs\Cu rrent\TT31816\cccoaTT31816.doc City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 Other required improvements in the Westward Ho Drive right of way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 2) Roadrunner Lane (Local Road; 60' R/W): No additional street improvements. Other required improvements in the Roadrunner Lane right of way area include: a) All appurtenant components such as, but not limited to curb, gutter, traffic control striping, legends, and signs. b) 5-foot wide sidewalk with landscaping provided between the curb and the sidewalk as approved by the Community Development and the Public Works Departments. 3) Roudel Lane. (Local Road; 60' R/W): Widen the street from the existing Roudel Lane to Westward Ho Drive through the Tentative Map to its ultimate local road width as specified in the General Plan and the requirements of these conditions. The road width shall be 36 feet measured flow line to flow line per La Quinta Standard Plan 151. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading, traffic P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 54. 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), or the approved equivalents of alternate materials. Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Secondary Arterial 4.0" a.c./6.0" c.a.b. 55. Improvements shall include traffic control signs, markings and other devices, raised medians, if required, street name signs and sidewalks. Mid -block street lighting is not required. 56. 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. 57. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. FIRE MARSHAL 58. 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. 59. 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. 60. Any turn or turn -around requires a minimum 38-foot turning radius. 61. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 62. The required water system, including fire hydrants, shall be installed and P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 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. 63. 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. 64. Fire Department plan check is to run concurrent with the City plan check. CONSTRUCTION 65. 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 66. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140. (Landscaping Plans), LQMC. All landscape plans shall comply with the requirements of La Quinta Municipal Code Chapter 8.13, pertaining to Water Efficient Landscaping. 67. The applicant shall provide landscaping in the required setbacks, retention basins, and common lot areas. Landscaped planters shall be incorporated along the Westward Ho Drive perimeter walls to be consistent with the design along the wall design along the westerly property line. 68. 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 P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 5'7 57_f City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 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. 69. 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. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department, pursuant to Chapter 8.13 of the Municipal Code. Specific landscape requirements for the project are: A. No more than 50% of any front yard area shall be devoted to turf. Front yard landscaping shall consist of at least two trees, each with a minimum 1.5 inch caliper measured three feet up from grade level after planting, ten 5-gallon shrubs, and groundcover. Palm trees may count as a shade tree if the trunk is a minimum six feet tall. Double lodge poles (two-inch diameter) shall be used to stake trees. Bubblers and emitters shall be used to irrigate shrubs and trees. Homebuyers shall be offered a 100% desert landscape option. B. Parkway shade trees shall be provided in the perimeter landscape improvement plans for Westward Ho Drive, to be 24-inch or larger box with a minimum two-inch caliper. 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. P:\WaIIy\Casedocs\Current\TT31816\cccoaTT31816.doc 58 �72 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 — Mattco Construction Adopted: March 16, 2003 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 that were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 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 to include all perimeter, planter and retention basin landscaping, on site retention basin and perimeter walls and planters by establishing a maintenance association of all property owners. COMMUNITY DEVELOPMENT 76. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Community Development and Public Works Directors. This shall include increases or decreases in number of lots meeting the general criteria above, but involving a change of no more than 5% of the total lot count of the Tentative Map as approved. Any revisions that would exceed the General Plan density standards, based on net area calculations, must be processed as an amended map, as set forth in Title 13, LQMC. 77. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the Community Development Department prior to issuance of first earth -moving or clearing permit. P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc 55 J'73 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 — Mattco Construction Adopted: March 16, 2003 A qualified archaeological monitor shall be on -site during all grubbing, trenching and grading activities associated with the project site. The monitor shall be empowered to stop or redirect activities, should resources be uncovered. A report of any findings, as well as appropriate curation of materials, shall be completed and submitted to the Community Development Department within 30 days of completion of earthmoving activities. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first Certificate of Occupancy for the project. 78. Any collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 79. The applicant shall prepare a plan for an integrated block wall along the north side of Lots 1, 18 and 19, for review and approval as part of the landscaping plans for the Westward Ho parkway and landscaped setback areas. Wall design shall integrate the requirements for slope design as set forth in Condition 11. FEES AND DEPOSITS 80. The applicant shall comply with 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. Deposit and fee amounts shall be those in effect upon application for plan check and permits. 81. Provisions shall be made to comply with terms and requirements of the City's Art in Public Places program, as in effect at the time of building permit issuance. 82. 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). 83. Prior to completion of any approval process for modification of boundaries of the property or lots subject to these conditions, the applicant shall P:\Wally\Casedocs\Current\TT31816\cccoaTT31816.doc GO 574 City Council Resolution 2004- Conditions of Approval - Recommended Tentative Tract 31249 - Mattco Construction Adopted: March 16, 2003 process a reapportionment of any bonded assessment(s) against the property and pay the cost of such reapportionment. 84. The applicant/developer shall pay the required mitigation fees for the Coachella Valley Fringe -Toed Lizard, as in effect at the time of issuance of any grading or other land disturbance permit. ATTACHMENT #1 D 0 PROJECT SITE WESTWARD, HO DRIVE Q z o t w oZ Q ,clF Lu 40 a ter. r w HIGHWAY 111 L A U I J\J Ir� NO SOLE VICIN17Y MAP TOOMAS GUIDE COORDINATES PAGE 84.9. J-2 62 A ADM MAW oil ail 4z I ail bt g N e F f i will�@�� 8 Nid i 8q1, 0—W&C OH (03NU - — Tk I ,er61 (to ^W, cti UI a4 FtXI 1 ,e.,el I Uji <Lu b yy Aral i M+u Q� 1y _ xree, � IN I Wo srre; O dnn \ J 4 a� t +-------I -�l `� I �� I __ ► �I x'o� I L — — — — — — J I I I I I I i •je i I 1� I I I I I QV02! 30HS3S2lOH 1 I � I I I I I I I ore aXl �i � I I r I I I i i 3ANO V.LSW �___—.r z Ir 63 Planning Commission Minutes February 24, 2004 9. Commissioner Quill asked why Califor/toave ality Control Board was listed in the conditions. StDS rules are changing and any site over half acre water plan. Assistant City Attorney Michael Houstrequired for both new and currently existing construng on its size. 10. Commissioner Tyler asked that Co ition #32 be amended to add rock work and delete cobblesto Condition #35 seems to be subjective and not needed. 11. It was moved and second by Commissioners Tyler/Quill to adopt Planning Commission esolution 2004-005, approving Site Development Permit 04-797, as amended: a. Condi/e. Change CVUSD to DSUSD and add the followif such clearances and/or permits are applicb. Condi2: Change to "...incorporate rock work..." ROLL CALL: Y,K"k S: Commissioners Daniels, Quill, Tyler, and Chairman NOES: None. ABSENT: Commissioner Abels. TAIN: None. D. Environmental Assessment 2003-490 and Tentative Tract Map 31816; a -- =7 request of Mattco Construction for consideration of a recommendation to certify a Mitigated Negative Declaration of environmental impact and a request to subdivide t 7.75 acres into 26 single-family lots located at the southwest corner of Westward Ho Drive and Roadrunner Lane. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the 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 Roudel Lane was to be a public street. Staff stated yes. 3. Commissioner Tyler asked about the wall along Westward Ho Drive. Staff stated it was Condition #79. G:\WPDOCS\PC Minutes\2-24-04WD.doc �78 64 Planning Commission Minutes February 24, 2004 4. Commissioner Quill asked why a clearance was needed from Sunline Transit Agency. Staff noted a letter had not been received from Sunline and it was to ensure they had no issues. 5. Chairman Kirk asked if staff was concerned with putting low density residential into a medium density residential zone in terms of being in compliance with the Housing Element. Staff noted that in the past staff would only be concerned if it was a change from low to a higher density in the surrounding area. The current General Plan is not as specific in regard to density. Interim Community Development Director Oscar Orci stated there are no issues in regard to Housing Element. The project as proposed is consistent with the General Plan. 6. Commissioner Tyler noted the Water Efficient Landscaping condition should be boiler plated and Condition #8 of Public Hearing "G" would be a good example. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Hacker, engineer for the project, gave an explanation of the project and stated they agreed with the conditions. 8. Chairman Kirk asked if there were any questions.of the applicant. Commissioner Tyler asked if there were any issues with the grade differential. Mr. Hacker stated no. 9. Chairman Kirk asked how the sidewalk and street would be designed. Mr. Hacker explained they expect to have a curb, small parkway, and eight -foot sidewalk. Chairman Kirk stated he would prefer to see a five foot sidewalk and more landscaping. Assistant City Engineer Steve Speer explained the wider sidewalk was to accommodate bicyclists and pedestrians. 10. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 11. It was moved and seconded by Commissioners Daniels/Tyler to adopt Planning Commission Resolution 2004-006, certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-490, as recommended: G:\WPDOCS\PC Minutes\2-24-04WD.doc 6 5) 079 Planning Commission Minutes February 24, 2004 ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 12. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-007, approving Tentative Tract Map 31816, as amended: a. Condition #53: A five-foot sidewalk shall be constructed on Roudel Lane and Roadrunner Lane and eight feet along Westward Ho Drive, and the parkway landscaping increased. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. C airman Kirk excused himself due to a potential conflict due to the proximity of is residence and left the dais. Commissioner Tyler was asked to act as Chai an. Assistant City Attorney Michael Houston noted that with Chairman Kirk le lying the Commission, a two -member vote will be a majority vote. E. Villa a Use Permit 2004-020; a request of Old Town La Quinta, LLC for consille, ation of development plans for two commercial buildings with 58,550 uare foot of floor space in the Village Commercial Zone (Phase II of SpNanesert lan 2001-058 located at the southwest corner of Calle Tampico Club Drive. 1. Acting Ch_ an Pr�ler opened the public hearing and asked for the staff report. incipal Planner Stan Sawa presented the information cont 'ned in the report a copy of which is on file in the Community Develo ent Department. 2. Acting Chairman Tyler ked staff where the area was that the ALRC wanted landscaped. Staff explained the location. 3. Acting Chairman Tyler asked if\ifthe would like to address the Commission. Mr. Wells he was available to answer any questions. 4. Acting Chairman Tyler asked any questions of the applicant. Commissioner Quill as any thought to a treatment to the sidewalks.plained there were G:\WPDOCS\PC Minutes\2-24-04WD.doc�� O