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2004 12 21 CCCity Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, December 21, 2004 - 2:00 P.M. Beginning Resolution No. 2004-154 Ordinance No. 412 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 — NONE 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. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE City Council Agenda 1 December 21, 2004 1 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 - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 7, 2004 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 21, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED OCTOBER 31, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2004. 4. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 5. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR ENDING JUNE 30, 2004. 6. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF LA QUINTA ASSESSMENT DISTRICT NOS., 92-1 AND 97-1 FOR FISCAL YEAR ENDING JUNE 30, 2004. City Council Agenda 2 December 21, 2004 7. DENIAL OF CLAIM FOR DAMAGES FILED BY TYLER THOMPSON - DATE OF LOSS: AUGUST 18, 2004. 8. DENIAL OF CLAIM FOR DAMAGES FILED BY MICHAEL MC KEEVER - DATE OF LOSS: SEPTEMBER 28, 2004. 9. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE MADISON STREET PAVEMENT REHABILITATION (AVENUE 50 TO AVENUE 52), PROJECT NO. 2003-07b. 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30092, PIAZZA SERENA, K. HOVNANIAN FORECAST HOMES, INC. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31874-1, STONEFIELD LA QUINTA I, LLC. 12. APPROVAL OF A REQUEST BY THE DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION, TO UTILIZE THE CITY COUNCIL CHAMBERS FOR PUBLIC MEETINGS TO DISCUSS THE COACHELLA VALLEY RESOURCE PLAN ON FEBRUARY 3, 2005, 10:00 A.M. TO 3:00 P.M. 13. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CREATIVE CONTRACTORS FOR DESIGN/BUILD SERVICES FOR CHILDCARE FACILITY PLAYGROUND IMPROVEMENTS - PROJECT 2004-08. 14. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 29323-4, ESPLANADE, LENNAR HOMES OF CALIFORNIA, INC. 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES REVENUE AND TAXATION COMMITTEE MEETING IN LOS ANGELES, CALIFORNIA TO BE HELD JANUARY 21, 2005. 16. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS ACADEMY LEADERSHIP INSTITUTE IN SACRAMENTO, CALIFORNIA TO BE HELD JANUARY 12,13, AND 14, 2005. 17. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31123-1, LA CANTERA, VISTA LA QUINTA PARTNERS, LLC. 18. APPROVAL OF AN APPROPRIATION FOR CLUBHOUSE INVENTORY AND LIQUOR LICENSE FOR SilverRock RESORT. City Council Agenda 3 December 21, 2004 3 BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENT TO THE LA QUINTA PLANNING COMMISSION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF OPENING SCHEDULE FOR SilverRock RESORT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AN AMENDMENT TO TITLE 2 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.04 AND ESTABLISHING A WAIVER PROCESS FOR CITY APPEAL FEES. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. FOR FIRST READING. 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 410 - AMENDING CHAPTER 11.08.005 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO ALLOW THE CONSUMPTION OF ALCOHOL AT SilverRock RESORT. A. ADOPT ORDINANCE ON SECOND READING. 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 411 - AMENDING THE OFFICIAL ZONING MAP BY REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL 17/1 TO MEDIUM -HIGH DENSITY RESIDENTIAL AND OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL TO ALLOW CONSTRUCTION OF A SENIOR RETIREMENT COMMUNITY. A. ADOPT ORDINANCE ON SECOND READING. STUDY SESSION 1. DISCUSSION OF RELINQUISHMENT OF HIGHWAY 111 WITHIN THE CITY LIMITS. City Council Agenda 4 December 21, 2004 4 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. CULTURAL ARTS COMMISSION MINUTES OF NOVEMBER 11, 2004. 17. COMMUNITY SERVICES COMMISSION MINUTES OF NOVEMBER 8, 2004. 18. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES OF NOVEMBER 3, 2004. 19. HISTORIC PRESERVATION COMMISSION MINUTES OF OCTOBER 21, 2004. 20. PLANNING COMMISSION MINUTES OF NOVEMBER 9T" AND 23RD, 2004. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. GRANT UPDATE FOR 2004 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. REPORT ON COMMUNITY SERVICES COMMISSION VACANCY 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR NOVEMBER, 2004. 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR NOVEMBER, 2004. 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR NOVEMBER, 2004 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR NOVEMBER, 2004. 9. POLICE CHIEF'S MONTHLY REPORT FOR NOVEMBER, 2004. 10. FIRE CHIEF'S QUARTERLY REPORT City Council Agenda 5 December 21, 2004 tJ MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF PARKING IN THE VILLAGE AREA. (REQUESTED BY MAYOR ADOLPH) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7--00 P_M_ PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be . filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2004-526; 2) CONSIDERATION OF GENERAL PLAN AMENDMENT 2004-103 AND ZONE CHANGE 2004-122, TO REPLACE t 159 ACRES OF LAND DESIGNATED VERY - LOW DENSITY RESIDENTIAL WITH A LOW -DENSITY RESIDENTIAL DESIGNATION; 3► GRIFFIN RANCH SPECIFIC PLAN 2004-074, FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR 303 RESIDENTIAL UNITS; 4) TENTATIVE TRACT MAP 32879, TO SUBDIVIDE t 199 ACRES INTO 303 RESIDENTIAL LOTS AND OTHER AMENITY LOTS, FOR THE PROPERTY LOCATED ALONG THE SOUTH SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH SIDE OF City Council Agenda 6 December 21, 2004 AVENUE 55 ALIGNMENT, AND t 1 /4 MILE WEST OF MONROE STREET. APPLICANT: TRANSWEST HOUSING. A. RESOLUTION ACTION(S) B. TAKE UP ORDINANCE BY, TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. C. INTRODUCE ORDINANCE NO. FOR FIRST READING. PLEASE NOTE: This public hearing will be continued to the meeting of January 4, 2005. 2. PUBLIC HEARING PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 204-523 AND TENTATIVE TRACT MAP 32848 FOR THE SUBDIVISION OF t 4.02 ACRES INTO 16 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF AVENUE 60, APPROXIMATELY 700 FEET WEST OF MADISON STREET. APPLICANT: R. T. HUGHES CO., LLC A. RESOLUTION ACTION(S) 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-522 AND TENTATIVE TRACT MAP 32397 FOR THE SUBDIVISION OF t 26.43 ACRES INTO 74 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS, FOR PROPERTY LOCATED ON THE WEST SIDE OF WASHINGTON STREET, NORTH OF LAGUNA DE LA PAZ. APPLICANT: CANYON RIDGE, LLC. A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2004-524 AND SPECIFIC PLAN 97-029, AMENDMENT NO. 3, TO AD 12.33 ACRES TO THE EXISTING CENTRE AT LA QUINTA SPECIFIC PLAN TO ESTABLISH DESIGN AND DEVELOPMENT PRINCIPALS, FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD. APPLICANT: CITY OF LA QUINTA REDEVELOPMENT AGENCY. A. RESOLUTION ACTION City Council Agenda 7 December 21, 2004 5. A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 78-310 DESERT FALL WAY BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND FELIX PEREZ. A. MINUTE ORDER ACTION 6. A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-830 AVENIDA MARTINEZ BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND DANIELLE DAVENPORT. A. MINUTE ORDER ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on January 4, 2005 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. 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, December 21, 2004, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, December 17, 2004. DATED: December 17, 2004 ,ogy, �W-� - W-Ui 4a JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California City Council Agenda 8 December 21, 2004 18 Public Notices The La auinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 9 December 21, 2004 (� 000, o� �o • 4 c� of9w� AGENDA CATEGORY: COUNCIURDA MEETING DATE: DECEMBER 21, 2004 ITEM TITLE: Demand Register Dated December 21, 2004 BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated December 21, 2004 BACKGROUND: Prepaid Warrants: 61330 - 613541 90,596.79 61355 - 614011 98,652.21 Voids} (833.00) Wire Transfers} 58,578.96 P/R 32433 - 324811 182,445.30 P/R Tax Transfers} 62,822.80 Payable Warrants: 61402 - 615561 4,185,903.77 $4,678,166.83 FISCAL IMPLICATIONS: Demand of Cash -City $4,187,663.26 Demand of Cash -RDA $490,503.57 .I\/1111 1V1. 1 µ1VV11V1, 1 &ZA"AAVV La1vV 10 CITY OF LA QUINTA BANK TRANSACTIONS 12/03/04 - 12/15/04 12 /03/04 WIRE TRANSFER - ICMA $6,964.11 12 /03/04 WIRE TRANSFER - PERS $13,688.63 12 /03/04 WIRE TRANSFER - VISTA DUNES $35,000.00 12 /08/04 WIRE TRANSFER - VISTA DUNES $2,926.22 TOTAL WIRE TRANSFERS OUT $58,578.96 11 2 �NOM 1 1 0 to I 1 0% M 0 N 00 O In N \ I Y J I in in c c O to O M %0 O 4 0 In 4 to 1 u sc 1 W W W W O 1 W I•- I c c c c N 00 O N %0 O M 00 -t 4 0 1 S O 1 N M N f` M In 00 �rl 00 LLI N W I u F- 1 O O O 0 to Al -4 N 00 0 W I I > > > > Q 00 I 1 CL E 1 1 c m 1 I O Z I 1 ►-� 1 ex H 1 I W cc 1 9L O 1 1 d I 0-. 1 w W I I•- Z 1 ►+ 1 0 Q I •Ic is is •Ic is •k Ic ac is •Ic 4c •Ic H I O I- I Z I zuf i 1 I 1 1 I I 1 1 QCC 1 00 00 00 00 M%OON MONOOM 000 NN 0000 00 Inln 000 -4 -T NN fn1 -t 0 1 \1 00 00 00 00 InIn0 Nl.- %tr-In 000 MM %0%0 00 1t�t 000 V%in �*4 %0 NO u I Wv 1 . . . . . . . . . . . . . . . . . . . . . . . u 1 u Vf 1 00 00 T-� �0,0 Oe-N InN14tn00 tntn0 NN �0�0 00 M1M 4400 44 44 OWN Q 1 zH I OO in In -It_t ww N N M0000MM NOMN titi MM tntn T- 9- 4�t00 T-- W-- Coc0 In0 1 Qo I MM In rn Ne- to e-N NN 0000 NO In I- 1 I H U- 1 e- e- 1 ►� O 1 1 E 1 W I-- I CI: of I z I I v I I 1 1 I 1 O O O O CM CM -400-t e-s- N In O N tntn 00 ti 00 I 1 O e- 00 soMf+1M MM O N 0 In NN N 0 -t Nt I 1 1 1 1 1 I I 1 1 1 1 I I I I I 1 1 1 1 1 1 1 I 1 0 In to to 1%0%0 M e- qr- NO %0 %0 �o e- 0 %0 M In M M CI: I I In -t to In %t M M In N --t M In 4-4 -t M -t %t W 1 1 m I H 1 00 e- O: O: O: e- e- to 0p e- to to to a- e- ll E 1 Z 1 N to In to c- e- M to N N N In e- N M T- qr- a-- to e- T- 1 0 1 N M In to N Nt 44 14 to In to Z 1 0 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 u I O ti r` r` 0000 00%�1N%.t -t -t N N O M NN N 00 00 Y I u 1 O rn M M 00 OOOtn tnln O O Cl 0 00 O M 00 z 1 Q I 0 r` r` r` 00 0000 00 O O 0 0 00 0 r- 00 Q 1 1 0 e- e- T- In In In ti M In In to M -t 0 ti -f T- 00 CO I I I 1 1 I I I 11 I I I I 1 I I I 1 1 1 I I I 1 1 e- T- e- c- e- e- T- qrl e- qrl e- e- e- qrl- e- e- e- T- T- T- c- > I 1 O O O 0 00 0000 00 O O O 0 00 O O 00 m I I to In 1 1 � 1 1 W I 1 H I 1 Vf 1 1 n�t 1 1 W I I -It -f --t 3 -4 -t 4 4 -.1 -t 4 -t -t S 4 -t -4 4 Nt -It I 1 O O O 0 00 0000 00 O O O 0 00 O 0 00 I 1 O O O 0 00 0000 00 O O O 0 00 O 0 00 Y I I N Al N N CM CM NNNN NN N N N N CM CM N Al Al CM u I W I \ \ \ \ \\ \\\\ \\ \ \ \ \ \\ \ \ \\ ul I 1- 1 %0 M M M In to N to In In In to In In In In In to In In In to S 1 Q 1 N O O Oe- I 1 0N N N cm cm NNNN CM N (14 N Al NN N N (M CM We- J I 1 co 1 1 Q 1 1 >- 1 00 1 Q I •Z I d 1 d 1 1 N 1 Z I w I ti 00 Ol 0 cool 0 I- Al rn -.t In NO ti 4 00 01.0 M e- N M I W 1 %0 O 0 e- r` ti 00 00 00 00 0000 00 00 --t 00 0001 M O► Ol ON O 1 S 0 1 %t %0 %0 %0 N ti ti r` r` ti ti I` N 1` 0% ti ti r` NO r` ti 1` u 1 uZ I N M M M r+1M MMMM MM M M M M Mrn M In MM u In 1 O O O 0 00 0000 00 O O O 0 00 O 0 00 Q 10 1 O O O 0 00 0000 00 O O O 0 00 O 0 00 I > 1 1 I Aj 1 1 N H 1 1 05 ozo ca W > 1 1 V) Cr 1 I C9 cm O Vf w W 1 I Z Z Z W W Vf I I u Z W 1 I Vf Vf Vf r-t Z J J 1 I > > > > u cc Q z v I 1 O O O OC I-+ 0 z 0 > I I W S S S W Vf U. 0 u u 1 I H Vl z W ►-1 W W OC I 1 Z <L aL L. 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I > uw > Iu I•- 0 \ i W " I f OG Fn I I-- OC I J G 9L < Z C L\ 1 Vf I V I-- Q QN W I I Z o0C W tz • • 1 1 O W 1 1 I- 0 1 1 e- H I 1 O G CA 1 1 Z Q 1 1 r- W I 1 In CL 1 1 X 1 1 N W I 1 O I 1 ti I 1 1 1 Z 1 O 1 O Z 1 O� I W 1 1 1 41 1 LA 1 < 1 O I I 1 1 1 1 W 1 �t 1 1 O I IQ LU 1 H O 1 \f- 1 9z N I Y Q 1 W \ I V C I N N 1 W 1 W 0 f x I G \ 1 u 1 N 1 1 W 1 Y I x 1 Z i I- O 1 m 1 O ti 1 1 LL. O •• Z 1 1 In X 1 N O I O Z I Z •. U- 1 I W Ln i a. I s r• J 1 I W I LUdw0 I O Yti V I m W Z 1 d N �t I Q= 1 Z QNO O 1 ZU 1 < ZM O < 1 O I Z O N I- I Or O 1 �O \J Z 1 0> I LU N N 0, H 1 G -in CF I Iu 1 uJ N E 1> 1 3 3 J 1 I � •• 1 WZW 1 OU 1 to NO w4c0 1 ZH 1 ti 10\ Q w 1 00 1. 00 c- M OLt9>- I G>Z 1 O ON W O H I Z Z 1 O 0--- ix w ui t O O r a.dt1 1 > 1 0 0r so � 9 oti �o 4 f �.0 OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 21, 2004 BUSINESS SESSION: ITEM TITLE: Transmittal of Treasurer's Report dated October 31, 2004 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated October 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. Respectfully submitted, yjohn. Falco er, Finance Director 60 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta �� 2 ATTACHMENT 1 4 40 ht 4�Q�rw MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director[Treasurer SUBJECT: Treasurer's Report for October 31, 2004 DATE: November 24, 2004 Attached is the Treasurer's Report for the month ending October 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 Beoinning Purchased Notes Sold/Matured Other Ending Cha Cash (3) $ 3,884,181 (1) $ (3,244,976) $639,205 ($3,244,976) LAW 9,303,263 5,670,309 (5,300,000) 9,673,572 370,309 US Treasuries (2) 122,522,588 130,900 122,653,488 130,900 US Gov't Agencies (2) 27,363,913 (16,456) 27,347,457 (16,456) Commercial Paper (2) - 0 0p Corporate Notes 0 Mutual Funds 7,925,497, 1 497,028 7,428,469 497,028) Total $ 170,999 442 1 $ 5,670 309 $ (9,042,00411 $ 114 444 $ 167,742,191 $ 3, 57 251 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 /'0`� Date 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. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 6f 3 E 9 E a 3 N 0 y Cp� C 0 9 E* 9� Cg W m m > E C N O W +°- E � o gCS m ' S /0 Z p o LU cc u F Ix Om E x w z z z z Q Q z z 3 n z v 8 8 $E tfj m 0.2 U a a oe Q «y W _ O 1 w s U o lL tL co y N W m E� a o y 4 N Q C Q t0 m to f6 RW 1p N N O C N Q `+� V N N ° Q �c+ L H `2� E E E-E ae3� c m E 04 N gE� — 6 0 0 0 �rrE oo00 88 � O �8 8 O g a' p ` N E�p C NHww441., bb� S _ v v W .E N M c15 Y! �i Lo � gIn i � Z N cg`Ys N ONc� a S LO M OM Cl 8 UOC, 8 C p ui ^ 1n 01 r- O t1Y at E 1°D a po tD p 8 p 8O ppO 8O 8C 000000 8O O f7 r- tN N Z O O O O O O O tN0 8Q �p e$ pQO QQO OC�DO``8 �O 8U.p p O N �p 1A Z a T T N .N.i .�.. NLd C7 -f a �d�p�p 3p� N O , 8RHO pp O 8 M N O p� 8 {L aQ f'7 O O O ,6Q� O 1°t-t°0)N K QT 8�S�8�S�8� O O O O C d� d� N 6pp t0 O Q Z p g 'y u' d M aI O000 C w D 0. 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S. Treasury Amazed Custodian -Av Issuar/T Value Bank of New York - Demand Yes U.S. Treasury Note 4,985,862 Bank of New York - Demand Yes U.S. Treasury Nob 4,966.4W Bank of New Yak - Demand Yes U.S. Treasury Nob 5,006.733 Bank of New York - Demand Yes U.S. Treasury Nob 3,985.088 Bank of New York - Demand Yes U.S. Treasury Nab 5,011,103 Bank of Now York • Demand Yes U.S. Treasury Nob 4,9W,583 Bank of Now York - Demand Yes U.S. Treasury Nob 3,968.534 Banc of Now York - Demand Yes U.S. Treasury Nob 5 002 779 Tod - U.S. Treasury 37,915,172 U.S. Government Securities Custodian • Av&Mabft Surplus Issua/T Amortized Value Bank of New York - Demand Yes FARM CREDIT 5.032.635 Bank of New York - Demand Yes FHLB 2,005,822 Bank of New York - Demand Yes FHLB 2,011,715 Bank of New York - Demand Yes FHLB 2.371,188 Banc of New York - Demand Yes FHLB 1,009.304 Bank of New York - Demand Yes FNMA -Discount 4,988,416 Bank of New York - Demand Yes FreddieMse 7,509.947 Bank of New York • Demand Yes Freddi I -Discount 2 1" 430 T0W - U.Sov . Gernment Securities 27,347,457 Local Agency Investment Fund Nam -Av Surplus Type Book LAW - City - Demand Yes Stab Pool 6,089,636 LAW - RDA - Demand Yes Stab Pool 936 3,573,936 Tod - State Pool 9,673.572 Total City Investments Total City Cash A Investments Fiscal A t Investments Surplus Yes Ach Surplus Yes i S 65,003 65,003 $ 65.003 S $ 651003 Sur" - Surplus Yes Ad' Yes 4,985.862 4,985.962 4.988,490 4,968.490 5,006.733 5,006,733 3,985,088 3,985.088 5,011103 5,011,103 4,986.583 4,988,593 3,968,534 3.11H.534 5 002 779 5 002 779 37,915,172 37,915,172 Surplus Yes Ad' Surplus Yes 5,032,635 5.032.635 2,005,522 2,005,822 2.011,715 2.011,715 2,371,188 2.371,188 1,009,304 1.009.304 4,968,416 4,988.416 7,509,947 7,509,947 2 418 430 2 418 430 Surplus Supks No Acj NO $ 573,202 $ 176,796 S 750.000 1.000 1,000 S 574,202 S 176,798 S 751,000 Surplus No Ad' Surplus No Al Furls Surplus Acival % Yes 0.3e11% 0.03q% As Funds Swok s Actual % Yes zz.6o32x z2.7o49% Surplus Surplus -All-Funds I Surplus No Ad' No Actisl% Yes 27,347,457 27.347,457 16.3033% 16.37ti6% Surplus Surplus Yes A' Yes 6,099,636 (176,7%) 5.922,838 3,573 936 3 573 936 9.673,572 176,798 9.496,. Surplus Surpks Ail Funds Surplus No Ad' No Actual % Yes 5.7669% 5.6870% 74 936,201 74,936,201 176,796 74,759,403 1 1 44.6734% 44.7N6% 7S,S7S,106 75,001,204 176,796 74,621,406 571202 176,798 751,000 45.OS45% 44.8071% Portoko - City Investments Amortized Custodian • Availability S s Issuer/Type Value 2002 RDA U.S. Banc-CIP Yes U.S.Treasury BPI 27,932.765 2003 Taxable RDA U.S. Bade -CIP Yes U.S.Traasury Bill 1,994,724 2004 Finance Authority -CIP Yes U.S.Treasury BPI 9.918,863 2004 Fine"Authority -CIP Yes U.S.Treasury Bill 44.891,964 Yes Tod - U.S. Treasury 84,738,316 PoNolio - Mutual Funds Trustee - Availability SLWOA Money Market Mutual Fund Book Value Civic Caner U.S.Sank - Project YES 1st American Civic Caner U.S.Sank - Debt Svc YES 1st American 21 1994 RDA U.S. Bank -Debt Svc YES 1 st American 1995 RDA U.S.Bank - CIP YES 1st American 1995 RDA U.S.Bank-Special Fund YES 1st American 2004 Fin Auth -1995 US Bank - Escrow YES 1 st American 101 1998 RDA U.S.Bank - CIP YES 1 st American 19H RDA U.S.Bank - Dbt Svc YES 1 st American 1998 RDA U.S.Banc - Spacial Fund YES 1 st American 1998 RDA U.S.Bank - CIP YES 1 st American 2001 RDA U.S. Bank - Dix Svc YES 1 at American 2001 RDA U.S. Bank • CIP YES 1st American 2002 RDA U.S. Bank - Dbt Svc YES 1 st American 2002 RDA U.S. Banc - CIP YES 1st American 1.498,939 2003 Taxable RDA U.S. Bank - DS YES 1 st American 2003 Taxable RDA U. S. Bank -COI YES 1 st American 2003 Taxable RDA U. S. Banc-CIP YES 1st Amencen 2,758,141 2004 Fin A%O US Bank - CIP YES 1 st Amencen 3,166,228 2004 Fin Auth US Bank • COI YES 1st Amman 5,039 Subtotal - Mutual Fund i 7,428.469 Surplus Surplus Yes Adj I Yes 27,932,765 27,932,765 1,994,724 1,994,724 9,918.863 9,918,863 44,891,964 44,891,964 84,7M,316 84,738,316 Surplus Yes Ach Surplus Yes 21 21 101 101 1.498.939 1,498,939 2,758,141 2,758.141 3,166,228 3.166,228 5,039 5,039 7.428 469 i 7,428,469 11 Surplus Surplus No Ad No AM Funds Surplus Actual % Yes 50.5170% 50.7442% As Funds Surpks Actual % Yes 4.4295% i 4.4484% Total Fiscal Agent investment 92,168,7651 92.166,7351 92,1414,71151 1 55.1926% Grand Total 1 167,167,989 176,7" 186,891 191 1 574,202 176,798 751,000 100.0000% 100.0000% 68 9 m COO W O0ONr-M ��COCOO� a+f - C c0 1 o 3 .- O N�� O coON�NO� h^ODt10 N�leONO DOI-NtO� m r $ �"� tp N N M M m N N 0) N �W�pp C1 v .��.W gC QCO MMN pCDLOp O� CoV Go � m co Cl) qpl cliwCA�OA CD NNQ m CO) m O LLL M V- M N M 10 G v p pp .. 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H U U=Q Cccc C C x> Q QQQ(nQJ C C C x> Q QQQCOQJ C C C x > Q < <0<J C C C x> Q QQQfnQJ C C C x> QQQfAQ� 70 11 CITY OF LA QUINTA CITY CITY RDA RDA FA BALANCE SHEET 10/31104 FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (19,131,179.97) 0.00 0.00 28,760,687.93 0.00 0.00 3,095.61 0.00 9,632,603.57 LORP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 612,000.00 0.00 0.00 0.00 0.00 612,000.00 INVESTMENT T-BILL NOTES & OTHER 65,331,000.00 0.00 0.00 85,000,000.00 0.00 0.00 0.00 0.00 150,331,000.00 AUTO MALL CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORP CASH 0.00 0.00 0.00 67,175.70 0.00 0.00 0.00 0.00 67,175.70 BOND REDEMPTION CASH 0.00 0.00 0.00 100.55 0.00 0.00 21.38 0.00 121.93 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PROJECT CASH 0.00 0.00 0.00 7,423,307.36 0.00 0.00 5,038.71 0.00 7,428,346.07 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1000 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 CASH & INVESTMENT TOTAL 46,200,820.03 0.00 0.00 121,863,271.54 0.00 0.00 8,155.70 0.00 168,072,247.27 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 155,135.93 0.00 0.00 60,900.00 0.00 0.00 0.00 0.00 216,035.93 PREMIUM/DISCOUNT ON INVESTMENT (68,372.41) 0.00 0.00 (261,683.45) 0.00 0.00 0.00 0.00 (330.055.86) LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 83,364.59 0.00 0.00 0.00 0.00 83,364.59 INTEREST RECEIVABLE (7,531.25) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (7,531.25) LOAN/NOTES RECEIVABLE 0.00 0.00 0.00 12,741,527.47 0.00 0.00 90,000,000.00 0.00 102,741,527.47 DUE FROM OTHER AGENCIES 3,815,311.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,815,311.75 DUE FROM OTHER AGENCIES-CVAG 879,096.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 879,096.69 CVAG ALLOWANCE (879,096.69) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (879,096.69) DUE FROM OTHER GOVERNMENTS 14,033.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,033.81 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES TO OTHER FUNDS - PRINCIPAL 21,422,880.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21,422,880.21 ADVANCES TO OTHER FUNDS - INTEREST 7,988,794.42 0.00 0.00 5,346.562.21 0.00 0.00 0.00 0.00 13,335,356.63 ADVANCES TO OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NSF CHECKS RECEIVABLE 2,228.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,228.90 ACCRUED REVENUE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 14,378,415.00 376,066,301.00 0.00 0.00 69200,415.00 0.00 0.00 0.00 459,645,131.00 ACCUMULATED DEPRECIATION (2,523,432.00) (58,159,116.00) 0.00 0.00 (234,000.00) 0.00 0.00 0.00 (60,916,548.00) TRAVEL ADVANCES 1,472.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,472.40 EMPLOYEE ADVANCES 13,015.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,015.70 PREPAID EXPENSES 561,850.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 561,850.70 RECEIVABLE TOTAL 45,753,803.16 317,907,185.00 0.00 17,970,670.82 68,966,415.00 0.00 90,000,000.00 0.00 540,598,073.98 0.00 0.00 0.00 WORKER COMPENSATION DEPOSIT 240,955.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240.955.00 RENT DEPOSITS 4,830.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,830.00 UTILITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MISC. DEPOSITS 1,073.21 0.00 0.00 360.00 0.00 0.00 0.00 0.00 1,433.21 DEPOSITS TOTAL 246,858.21 0.00 0.00 360.00 0.00 0.00 0.00 0.00 247,218.21 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE L/T DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR L/T DEBT 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344,334,860.85 TOTAL OTHER ASSETS 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344,334AW-85 TOTAL ASSETS 92,201,481.40 317 907185.00 1 970,552.85 139,834,302.36 68,966 415.00 247 549 965.00 90,008,155.70 94,814,343.00 1053 2 .400.31 LIABILITIES: ACCOUNTS PAYABLE 553,174.71 0.00 0.00 19,645.49 0.00 0.00 0.00 0.00 572,820.20 DUE TO OTHER AGENCIES 117,520.99 0.00 0.00 0.00 0.00 0.00 0.00 0.00 117,520.99 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 - PRINCIPAL 5,371,892.21 0.00 0.00 21.397.550.21 0.00 0.00 0.00 0.00 26,769,442.42 ADVANCES FROM OTHER FUNDS - INTEREST 0.00 0.00 0.00 7,988.795.52 0.00 0.00 0.00 0.00 7,988,795.52 INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RETENTION PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYROLL LIABILITIES 171,909.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 171,909.34 STRONG MOTION INSTRUMENTS 2,224.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,224.98 FRINGE TOED LIZARD FEES 4,688.87 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,688.87 SUSPENSE 127.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 127.70 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 6,221,538.80 0.00 0.00 29,405.991.22 0.00 0.00 0.00 0.00 35,627,530.02 ENGINEERING TRUST DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LORP DEPOSITS 0.00 0.00 0.00 18,664.00 0.00 0.00 0.00 0.00 18,664.00 DEVELOPER DEPOSITS 1,457,032.60 0.00 0.00 2,835.00 0.00 0.00 0.00 0.00 1,459,867.60 MISC. DEPOSITS 627,240.32 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 652,240.32 AGENCY FUND DEPOSITS 879,028.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 879,028.79 TOTAL DEPOSITS 2,963,301.71 0.00 0.00 46,499.00 0.00 0.00 0.00 0.00 3.009,800.71 DEFERRED REVENUE 3,767,177.88 0.00 0.00 10 618101.84 0.00 0.00 90,000,000.00 0.00 104,385,279.72 OTHER LIABILITIES TOTAL 3,767,177.88 0.00 0.00 10,618,101.84 0.00 0.00 90,000,000.00 0.00 104,365.279.72 COMPENSATED ABSENCES PAYABLE 0.00 0.00 531,553.26 0.00 0.00 0.00 0.00 0.00 531,553.26 DEVELOPER AGREEMENT 0.00 0.00 1,010,688.59 0.00 0.00 0.00 0.00 0.00 1,010,688.59 DUE TO THE CITY OF LA QUINTA 0.00 0.00 428,311.00 0.00 0.00 0.00 0.00 0.00 428.311.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2,050,000.00 0.00 0.00 2,050,000.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 6,667,336.00 0.00 0.00 6,667,336.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LOANS PAYABLE 0.00 0.00 0.00 0.00 0.00 90.000,000.00 0.00 0.00 90,000,000.00 BONDS PAYABLE 0.00 0.00 0.00 0.00 0.00 148 832,629.00 0.00 94 814,343.00 243,646,972.00 TOTAL LONG TERM DEBT 0.00 0.00 1,970,552.85 0.00 0.00 247,549,965.00 0.00 94,814,343.00 344,334,860.85 TOTAL LIABILITIES 12,952,018.39 0.00 1,970,552.85 40,070,592.06 0.00 247,549,965.00 90,000,000.00 94,814,343.00 487,357,471.30 EQUITY -FUND BALANCE TOTAL LIABILITY & EQUITY CASH & INVESTMENT TOTAL PREMIUM/DISCOUNT ON INVESTMENT TOTAL 79,249,463.01 317,907,185.00 0.00 99,763,710.30 68,966,415.00 0.00 8,155.70 0.00 565,894,929.01 92,201.481.40 317,907,185.00 1 970 552 85 139 834 302.36 68 966 415.00 247 549,965.00 90,008,155.70 94,814,343.00 1,053,252,400.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 168,072,247.27 (330,055.86) 167,742,191.41 "1 12 O E m a c 1 � Q Q 5 i� w � N m rn cv Cc W in ■ Q Q t/) ' E 1 ti N 1 ■ c c = m m E / ■ > — c ' 1 ■ > Z a. Q p O O cm cm CD C .E C •E N ■ 2 4) W W J2 4-0 cn _ ._ ca CY u- aag .j_� a 0 o s ,, M � ■ U � O 10--ol � (� N Vol i+ Lf) G Lf) p Lf) O N �n 13 ern--z-- a 4 OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: Decem ber 21, 2 0 0 4 BUSINESS SESSION: ITEM TITLE: Transmittal of Revenue and Expenditure Report dated October 31, 2004 CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the October 31, 2004 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures, October 31, 2004 73 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2004-10131104 FUNDS BUDGET RECEIVED RECEIVED General $23,505,450.00 $5,680,264.38 24.20% Library 649,500.00 0.00 0.00% Gas Tax Revenue 622,200.00 164,631.99 26.50% Federal Assistance 340,355.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 0.00 0.00% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 177,250.00 177,250.00 100.00% Lighting & Landscaping 825,800.00 0.00 0.00% RCTC 411,644.00 0.00 0.00% Quimby 153,900.00 0.00 0.00% Infrastructure 15,600.00 0.00 0.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 36,415.00 139,599.59 383.40% Cmaq/Istea 553,785.00 0.00 0.00% Transportation 758,700.00 589,951.62 77.80% Parks & Recreation 251,000.00 207,235.00 82.60% Civic Center 192,500.00 154,470.41 80.20% Library Development 112,500.00 92,887.00 82.60% Community Center 59,200.00 39,657.00 67.00% Street Facility 11,700.00 8,055.97 68.90% Park Facility 3,000.00 2,112.00 70.40% Fire Protection Facility 32,100.00 43,258.74 134.80% Library Development (County) Facility 190,963.00 0.00 0.00% Arts In Public Places 98,600.00 75,425.49 76.50% Interest Allocation 0.00 35,273.29 0.00% Capital Improvement 76,922,661.00 10,849,235.32 14.10% Assessment District 2000-1 6,000.00 0.00 0.00% Equipment Replacement 285,837.00 328,160.35 114.80% Information Technology 413,111.00 416,568.00 100.80% Park Equipment & Facility 250,000.00 10,972,711.00 4389.10% SilverRock Golf 2,656,306.00 68.99 0.00% LQ Public Safety Officer 2,100.00 2,000.00 95.20% La Quinta Financing Authority 3,681,249.00 1,267,986.88 34.40% RDA Project Area No. 1 34,467,847.00 1,459,162.40 4.20% RDA Project Area No. 2 27,554,151.00 1,587,285.26 5.80% Total 1 $175 342 524.00 1 $34 293 250.68 1 19.60% 74 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01/2004 - 9/30104 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $24,479,601.00 $5,904,222.44 $28,972.63 $18,546,405.93 24.1% Library 1,216,501.00 0.00 0.00 1,216,501.00 0.0% Gas Tax 861,781.00 208,625.72 0.00 653,165.28 24.2% Federal Assistance 509,535.00 6,724.50 0.00 502,810.50 1.3% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 177,250.00 0.00 0.00 177,250.00 0.0% Lighting & Landscaping 825,800.00 275,266.64 0.00 550,533.36 33.3% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 547,871.00 75,599.75 0.00 472,271.25 -13.8% Infrastructure 1,140,356.00 427,845.75 0.00 712,510.25 37.5% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 100,064.00 3,197.53 0.00 96,866.47 3.2% Cmaq/lstea 553,785.00 0.00 0.00 553,785.00 0.00/0 Transportation 4,052,084.00 79,131.68 0.00 3,972,952.32 2.0% Parks & Recreation 214,814.00 10,404.23 0.00 204,409.77 4.8% Civic Center 3,486,090.00 132,957.61 0.00 3,353,132.39 3.8% Library Development 3,746,450.00 542,375.06 0.00 3,204,074.95 14.5% 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 0.00 6.00 0.00 0.00 0.0% Library County DIF 590,863.00 0.00 0.00 590,863.00 0.0% Arts In. Public Places 708,356.00 20,453.50 0.00 687,902.50 2.9% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 76,922,661.00 10,849,235.32 47,758.00 66,025,667.68 14.1% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Equipment Replacement 1,062;339.00 48,926.09 2,922.70 1,010,490.21 4.6% Information Technology 590,351.00 75,181.50 26.94 515,142.56 12.7% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 2,277,686.00 10,942.01 0.00 2,266,743.99 0.5% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 3,735,955.00 1,319,883.62 0.00 2,416,071.38 35.3% RDA Project Area No. 1 81,252,315.00 16,178,643.85 0.00 65,073,671.15 19.9% RDA Project Area No. 2 28,654,140.00 3,532,772.99 0.00 25,121,367.01 12.3% Total 240,006,091.00 39,702,389.78 $79,680.27 Is200,224,020.95 16.5% 7� CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL 07101/2004-10131104 REMAINING BUDGET RECEIVED BUDGET TAXES: Property Tax 743,400.00 33,382.77 710,017.23 No Low Property Tax Distribution 1,233,100.00 57,285.16 1,175,814.84 Sales Tax 4,072,200.00 1,371,814.81 2,700,385.19 Sales Tax Reimbursement 1,334,500.00 0.00 1,334,500.00 Document Transfer Tax 539,700.00 407,165.28 132,534.72 Transient Occupancy Tax 4,030,300.00 393,939.97 3,636,360.03 Mitigation Measures 0.00 20,000.00 (20,000.00) Franchise Tax 797 800.00 157,894.59 639,905.41 TOTAL TAXES 12,751,000.00 2,441,482.58 10,309,517.42 LICENSE & PERMITS: Business License 202,500.00 76,748.10 125,751.90 Animal License 15,400.00 4,922.00 10,478.00 Building Permits 493,800.00 912,790.11 (418,990.11) Plumbing Permits 84,400.00 113,325.02 (28,925.02) Mechanical Permits 43,100.00 64,283.43 (21,183.43) Electrical Permits 85,000.00 101,147.27 (16,147.27) Garage Sale Permits 5,000.00 5,580.00 (580.00) Misc. Permits 42 200.00 83,112.55 (40,912.55) TOTAL LICENSES & PERMITS 971,400.00 1,361,908.48 (390,508.48) FEES: Sale of Maps & Publications 4,400.00 6,340.04 (1,940.04) Community Services Fees 191,300.00 79,056.80 112,243.20 Bldg & Safety Fees 471,000.00 130,168.39 340,831.61 Community Development Fees 222,400.00 78,290.00 144,110.00 Public Works Fees 584 400.00 358,098.11 226,301.89 TOTAL FEES 1,473,500.00 651,953.34 821,546.66 INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,455,300.00 178,486.31 1,276,813.69 Motor Vehicle Code Fines 77,500.00 21,335.20 56,164.80 Parking Violations 41,900.00 7,616.00 34,284.00 Misc. Fines 31,609.00 23,079.21 8,529.79 AB939 182,100.00 0.00 182,100.00 County of Riverside Grant 0.00 0.00 State of California Grant 8,451.00 12,336.42 (3,885.42) Fire servicesCredit 3,748,040.00 0.00 3,748,040.00 CSA152 Assessment 175 000.00 174,158.19 841.81 TOTAL INTERGOVERNMENTAL 5,719,900.00 417,011.33 5,302,888.67 INTEREST 2,265,300.00 804,112.00 1,461,188.00 MISCELLANEOUS Miscellaneous Revenue 17,100.00 3,822.90 13,277.10 Litigation settlement 0.00 0.00 0.00 Cash Over/(Short) 0.00 (26.25) 26.25 TOTAL MISCELLANEOUS 17,100.00 3,796.65 13,303.35 TRANSFER IN 307,250.00 0.00 307,250.00 TOTAL GENERAL FUND 23,505,450.00 5,680,264.38 17,825,185.62 76 .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 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG INDIAN GAMING Charges for services Interest TOTAL INDIAN GAMING LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING RCTC RCTC Funding Transfer in TOTAL RCTC QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest Transfer in TOTAL INFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING REMAINING BUDGET RECEIVED BUDGET 649,500.00 0.00 649,500.00 0.00 0.00 0.00 0.00 0.00 0.00 649,500.00 0.00 649,500.00 193,100.00 52,125.03 140,974.97 137,900.00 36,803.22 101,096.78 256,900.00 69,703.74 187,196.26 6,000.00 6,000.00 0.00 20,700.00 0.00 20,700.00 7,600.00 0.00 7,600.00 622,200.00 164,631.99 457,568.01 340,355.00 0.00 340,355.00 0.00 0.00 0.00 340,355.00 0.00 340,355.00 1,100.00 0.00 1,100.00 0.00 0.00 0.00 1,100.00 0.00 1,100.00 100,000.00 0.00 100,000.00 0.00 0.00 0.00 100,000.00 0.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 0.00 0.00 0.00 177,250.00 177,250.00 0.00 825,800.00 0.00 825,800.00 0.00 0.00 0.00 0.00 0.00 0.00 825,800.00 0.00 825,800.00 411,644.00 0.00 411,644.00 0.00- 0.00 0.00 411,644.00 0.00 41 TW.W 150,000.00 0.00 150,000.00 3,900.00 0.00 3,900.00 153,900.00 0.00 153,900.OU 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 15,600.00 0.00 15,600.00 0.00 0.00 0.00 0.00 0.00 0.00 77 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQASTEA TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION REMAINING BUDGET RECEIVED BUDGET 34,415.00 314.59 34,100.41 0.00 139,285.00 (139,285.00) 0.00 0.00 2,000.00 0.00 2,000.00 36,415.00 139,599.59 (103,184.59) 553,785.00 0.00 553,785.00 0.00 0.00 0.00 553,785.00 0.00 553,785.00 721,400.00 589,951.62 131,448.38 37,300.00 0.00 37,300.00 0.00 0.00 0.00 758,700.00 589,951.62 168,748.38 Developer -fees 251,000.00 207,235.00 43,765.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 251,000.00 207,235.00 43,765.00 CIVIC CENTER Developer fees 192,500.00 154,470.41 38,029.59 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 192,500.00 154,470.41 38,029.59 LIBRARY DEVELOPMENT Developer fees Interest Transfer in TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION 112,500.00 92,887.00 19,613.00 0.00 0.00 0.00 0.00 0.00 0.00 112,500.00 92,887.00 19,613.00 48,500.00 39,657.00 8,843.00 10,700.00 0.00 10,700.00 59,200.00 39,657.00 19,543.00 9,800.017 8,055.97 1,744.03 1900.00 0.00 1,900.00 11,700.00 8,055.97 3,644.03 2,500.00 2,112.00 388.00 500.00 0.00 500.00 3,000.00 2,112.00 888.00 32,100.00 43,258.74 (11,158.74) 0.00 0.00 0.00 32,100.00 43,258.74 (11,158.74) 190,863.00 0.00 190,863.00 100.00 0.00 100.00 190,963.00 0.00 190,963.00 97,500.00 75,425.49 22,074.51 0.00 0.00 0.00 1,100.00 0.00 1,100.00 98,600.00 75,425.49 23,174.51 0.00 35,273.29 (35,273.29) 0.00 0.00 0.00 0.00 35,273.29 (35,273.29) 7 8 6 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 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 ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL INFORMATION TECHNOLOGY PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Merchandise Food & Beverage TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY REMAINING BUDGET RECEIVED BUDGET 6,592,557.00 406,872.09 6,185,684.91 877,462.00 0.00 877,462.00 0.00 0.00 0.00 244,800.00 0.00 244,800.00 43,750.00 0.00 43,750.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 543,250.00 0.00 543,250.00 0.00 0.00 0.00 87,500.00 0.00 87,500.00 0.00 0.00 0.00 68,480,455.00 10,442,363.23 58,038,091.77 76,922,661.00 10,849,235.32 66,073,425.68 6,000.00 0.00 6,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,000.00 0.00 6,000.00 225,137.00 328,160.35 (103,023.35) 0.00 0.00 0.00 0.00 0.00 0.00 60,700.00 0.00 60,700.00 0.00 0.00 0.00 285,837.00 328,160.35 (42,323.35) 406,111.00 416,568.00 (10,457.00) 0.00 0.00 0.00 0.00 0.00 0.00 7,000.00 0.00 7,000.00 0.00 0.00 0.00 413,111.00 416,568.00 (3,457.00) 250,000.00 250,000.00 0.00 0.00 0.00 0.00 0.00 10,722,711.00 (10,722,711.00) 250,000.00 10,972,711.00 (10,722,711,00) 2,300,210.00 0.00 2,300,210.00 33,111.00 0.00 33,111.00 158,886.00 68.99 158,817.01 164,099.00 0.00 164,099.00 2,656,306.00 68.99 2,656,237.01 2,000.00 2,000.00 0.00 100.00 0.00 100.00 2,100.00 2,000.00 100.00 9 07/01/2004 - 9130104 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 761,385.00 171,639.88 0.00 589,745.12 CITY MANAGER'S OFFICE 849,100.00 237,114.24 17,500.00 594,485.76 ECONOMIC DEVELOPMENT 901,150.00 216,947.58 0.00 684,202.42 PERSONNEL/RISK MGT 794,069.00 108,147.95 235.58 685,685.47 TOTAL GENERAL GOVERNMENT 3,305,704.00 733,849.65 17,735.58 2,554,118.77 CITY CLERK 526,211.00 155,290.67 0.00 370,920.33 TOTAL CITY CLERK 526,211.00 155,290.67 0.00 370,920.33 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 772,983.00 233,035.54 2,764.00 537,183.46 SENIOR CENTER 359,644.00 74,624.47 0.00 285,019.53 PARKS & RECREATION PROGRAMS 144,503.00 50,912.36 0.00 93,590.64 TOTAL COMMUNITY SERVICES 1,277,130.00 358,572.37 2,764.00 915,793.63 FINANCE FISCAL SERVICES 726,376.00 197,796.67 0.00 528,579.33 CENTRAL SERVICES 659,448.00 346,139.92 2,427.61 310,880.47 TOTAL FINANCE 1,385,824.00 543,936.59 2,427.61 839,459.80 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 321,517.00 72,377.45 0.00 249,139.55 BUILDING 906,594.00 378,709.70 0.00 527,884.30 CODE COMPLIANCE 658,084.00 161,019.01 0.00 497,064.99 ANIMAL CONTROL 293,479.00 61,895.79 0.00 231,583.21 CIVIC CENTER BUILDING -OPERATIONS 1,106,324.00 678,459.37 0.00 427,864.63 TOTAL BUILDING & SAFETY 3,285,998.00 1,352,461.32 0.00 1,933,536.68 PUBLIC SAFETY: POLICE SERVICES 6,813,954.00 1,289,081.11 0.00 5,524,872.89 FIRE 3,855,806.00 3,437.60 0.00 3,852,368.40 EMERGENCY SERVICES 45,193.00 22,310.48 0.00 22,882.52 TOTAL PUBLIC SAFETY 10,714,953.00 1,314,829.19 0.00 9,400,123.81 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886.00 158,260.19 0.00 398,625.81 CURRENT PLANNING 750,085.00 192,077.45 0.00 568,007.55 TOTAL COMMUNITY DEVELOPMENT 1,306,971.00 350,337.64 0.00 956,633.36 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 277,879.00 85,521.86 0.00 192,357.14 DEVELOPMENT & TRAFFIC 1,071,366.00 353,696.85 0.00 717,669.15 MAINT/OPERATIONS - STREETS 2,188,469.00 292,824.84 1,729.62 1,893,914.54 MAINT/OPERATIONS - LTG/LANDSCAPING 1,461,996.00 499,054.28 0.00 962,941.72 MAINT/OPERATIONS - PARK MAINTENANCE 837,090.00 399,903.25 4,315.82 432,870.93 CONSTRUCTION MANAGEMENT 618,817.00 253,358.94 0.00 365,458.06 TOTAL PUBLIC WORKS 6,455,617.00 1,884,360.02 6,045.44 4,565,211.54 TRANSFERS OUT 306,017.00 212,067.99 0.00 93,949.01 GENERAL FUND REIMBURSEMENTS (4,084 824.00) (1,001,483.00) 0.00 (3,083,341.00) NET GENERAL FUND EXPENDITURES 24,479,601.00 5,904,222.44 28,972.63 18,546,405.93 so 8 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 07/01/2004 - 9130104 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 1,216,501.00 0.00 0.00 1,216,501.00 TOTAL LIBRARY FUND 1,216, 1.00 0.00 0.00 1,216,501.00 GAS TAX REIMBURSE GENERAL FUND 622,200.00 207,400.00 0.00 414,800.00 TRANSFER OUT 239,581.00 1,225.72 0.00 238,355.28 TOTAL GAS TAX FUND 861,781.00 208,625.72 0.00 653,165.28 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 509,535.00 6,724.50 0.00 502,810.50 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 0.00 0.00 0.00 0.00 SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,000.00 0.00 0.00 100,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 177,250.00 0.00 0.00 177,250.00 TOTAL INDIAN GAMING FUND 177, 50.00 0.00 0.00 177,2 .00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 825,800.00 275,266.64 0.00 550,533.36 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 825,800.00 275,266.64 0.00 550,533.36 RCTC TRANSFER OUT 2,056,829.00 0.00 0.00 2,056,829.00 TOTAL RCTC 2,056,829.00 0.00 0.00 2,056,829.00 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 547,871.00 75,599.75 0.00 472,271.25 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 1,140,356.00 427,845.75 0.00 712,510.25 TOTAL INFRASTRUCTURE 1,140, .00 427,845.75 0.00 712,510.25 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 22,945.00 3,197.53 0.00 19,747.47 TRANSFER OUT 77,119.00 0.00 0.00 77,119.00 TOTAL SOUTH COAST AIR QUALITY 100,064.00 3,197.53 0.00 96,8 .47 CMAQIISTEA TRANSFER OUT TOTAL CMAQHSTEA FUND 553,785.00 0.00 0.00 553,785.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 4,052,084.00 79,131.68 0.00 3,972,952.32 TOTAL TRANSPORTATION 4,052, 4.00 79,131.68 0.00 3,972,952.32 PARKS & RECREATION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 214,814.00 10,404.23 0.00 204,409.77 TOTAL PARKS & RECREATION 214,814.00 10,404.23 0.00 204, .77 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,366.00 68,122.00 0.00 136,244.00 TRANSFER OUT 3,281,724.00 64,835.61 0.00 3,216,888.39 TOTAL CIVIC CENTER 3,486, .00 132,957.61 0.00 3,353,132.39 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 3,746,450.00 542,375.05 0.00 3,204,074.95 TOTAL LIBRARY DEVELOPMENT 3,746,450.00 542,375.05 0.00 3,204,074.95 CITY OF LA QUINTA 07/0112004 - W30104 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET 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 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00. TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 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 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 0.00 0.00 0.00 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 590,863.00 0.00 0.00 590,863.00 TOTAL LIBRARY COUNTY DIF 590,863.00 0.00 0.00 590,863.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 447,425.00 20,453.50 0.00 426,971.50 TRANSFER OUT 255,631.00 0.00 0.00 255,631.00 TOTAL ART IN PUBLIC PLACES 708,356.00 20,453.50 0.00 687,902.50 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 75,929,203.00 10,843,672.96 47,758.00 65,037,772.04 PROJECT REIMBURSEMENTS TO GEN FUND 993,458.00 5,562.36 0.00 987,895.64 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 76,922,661.00 10,849,235.32 47,758.00 66,025,667.68 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 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 0.00 0.00 142,507.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 405,339.00 48,926.09 2,922.70 353,490.21 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,062,339.00 48,926.09 2,922.70 1,010,490.21 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 590,351.00 75,181.50 26.94 515,142.56 TOTAL INFORMATION TECHNOLOGY FUND 590,351.00 75,181.50 26.94 515,142.56 PARK MAINTENANCE TRANSFER OUT 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 2,277,686.00 10,942.01 0.00 2,266,743.99 TOTAL SILVERROCK GOLF 2,277,686.00 10,942.01 0.00 2,266,743.99 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 89 10 T4tyoof4 414�Q'&rw COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Approval of the Declaration of Surplus Property RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to dispose the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in the Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 83 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to dispose of the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to dispose of the property by other legal means; or Provide staff with alternative direction. Respectfully submitted, �Y 41-m- )JohnM. Falco er, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Declaration of Surplus Property ATTACHMENT F— C as Z .� a •CL Q � � .J W U. M a E F= cn C.) C� _.4 N co .- Lo N M N �a � C - m N e• :n. O � .` C G O ` CD tm cm cm ` c L c L c L O = L c L c_ L c L c L c L > c L c L c �_ c L c L O C N O O m L M = 'O �' C N O O O O O Fn m O m O '§ O O O o O c O Z a o O 0 L a) a u. CL ... N M 00 0 OD 00 (M CO M LO � tU)00��00a) qt 00 00 — e- N OLQ0OO� M I� N M OcM cO 00 00 I- N LO 0) 0) qt to .- O 1� �-- U) IA N CF r% �,r� d' to ch O U CO CO N O O Ln 0 m LO CO C� M M nNN��mIt0 _ _ _ �--�pNcr)oo<Lo In .- OO a: � M M d' � N � � � � p) 0 O 00 N (� 00 rn oo =V— o rn rn D rn L .. $ gv ...., L +J L ++ L � L 4J L ♦J L Q) 4mJ L 0 +0 L 4) � L O L O L O L O L O L O L O L O L ++ J •L OL 4- � �=___=__= a C s c c a c s c C a c s c O O O O c O c O c O c O c O -- c c c _ UUUUUUUU •p��a y. V �. om CO OM00 CF)�0000 0 a X 'L'C co X cc d' �? M� Z +' C — T— .- r- V— r- r— r— r— r— 0a. a a O. O O O 0 000CV) CO 0• OO 00 000 0 0 OO 0L6m , 0 o� a ov,o'�-0oo 0 °' 0 i�LO QL 0. > t j W C O N N > N >• 3cvco��c�3 �aVcvco3303 �. p � LLX. pp LXi. 0 W 0CD0 Y0X C C $s" Cc7p m 7 co 00' cc m O Z co C 2 O a) -� NNm aC7 ww a X E m0. Cr W Q CD CD LZ5> O � y 3 -0 O c O O +, O +J c c c 0 Q� Z oo� c c "aa -v -c c��:�c L L L (a cc O +r C c +.+ 4-1 4-+ c 0 0 0 Y +-� o 0 0 0 o v� cnU. 0 0 m 0) c0 N Z N N � d' M 00 N Z 0 M lqdl CC) O 00 X 0000 Rt 2 c a� c c cn c c c c n. /gy U /� /gym/ C y �• � y/� y c O O 0 cn cn c U v m' cn cn m ca J X 0 O •c E= — y m X U) O O N a) +5 (D CL o } N O_ O 4-0 W p_ O }, C.)v�� O 7 lA CV) m m '�0F0— o ieJ. O a N c CL a U C 0 y L � O .5 Q m 2 0 0 o o o ci n' m o x (n C L U C OL �- m O E CL � m m aC X �.2 mma.X 5 _ E G m N = 0 0 U g6 4 87 5 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Approval of Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2004. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 10, 1994, the Securities and Exchange Commission adopted amendments to existing federal regulations (Rule 15c2-12) for bonds issued after July 3, 1995, requiring issuers of municipal securities (Bond issues) to do the following annually for each bond issue: 1. Prepare official statements meeting the content requirement of Rule 15c2-12; 2. File certain financial information and operating data with national and state repositories each year; and 3. Prepare announcements of the significant events including payment defaults, defeasances and draws on a reserve fund as the events occur. Attachment 1 is the 2003/04 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District - La Quinta, prepared in accordance with the three aforementioned requirements. Additionally, no announcement of significant events was necessary for Fiscal Year 2003/04. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2004; or 2. Do not approve, receive and file the Annual Continuing Disclosure for the City of La Quinta 2000-1 Assessment District for Fiscal Year End June 30, 2004; or 3. Provide staff with alternative direction. Respectfully submitted, ohn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2002/03 Annual Continuing Disclosure Statement for the City of La Quinta 2000-1 Assessment District 199 2 ATTACHMENT 1 CITY OF LA QUINTA ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) $2,285,000 LIMITED OBLIGATION IMPROVEMENT BONDS Riverside, California Dated: June 21, 2000 CUSIP: 504193 2004 ANNUAL CONTINUING DISCLOSURE INFORMATION STATEMENT AS OF DECEMBER 31, 2004 Also available at: MuniFinancial www.muni.com 90 3 LIST OF PARTICIPANTS CITY QF LA QUINTA wwwA-qu nta.org MuniFinancial* Temecula, CA 92590 (951) 587-3500 Report available for viewin4 www.munLcom UNDERWRITER Miller & Schroeder Financial, Inc. eoNQ cauHSEL Rutan & Tucker LLP Costa Mesa, California PAYING AGEMT Brad Scarbrough U.S. Bank Trust, N.A. 633 West 5t' Street, 24t' Floor Los Angeles, California 90071 (213) 615-6047 * In its role as Disdosure Consultant and Dissemination Agent, MuniFinancial has not passed upon the accuracy, completeness or fairness of the statements contained herein. 91 4 L INTRODUCTION Pursuant to an Official Statement dated June 21, 2000, the City of La Quinta, (the "City") issued $2,285,000 Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), Limited Obligation Improvement Bonds (the "Bonds"). The Bonds were issued to finance the construction and acquisition of sewer improvements within the areas commonly known as Village Cove, Westward Ho Drive and Bottlebrush/Sagebrush/Saguaro Streets, which are located within the Assessment District. The City, which comprises approximately 34.8 square miles, is located in the Coachella Valley, twenty miles from Palm Springs and 127 miles from Los Angeles. The District includes three non-contiguous areas in the City. The three areas are the Village Cove section, Westward Ho Drive, and Bottlebrush/Sagebrush/Saguaro Streets. The Village Cove Section is generally located in the area bounded by Calle Tampico on the north, Calle Sinaloa on the south, Washington Street on the east, and Eisenhower Drive on the west. The Westward Ho Drive Area is bounded by Dune Palms Road on the west, Jefferson Street on the east, Westward Ho Drive on the north, and the Coachella Valley Water District (CVWD) Stormwater Channel on the south. The Bonds are limited obligation improvement bonds secured by unpaid assessments on the properties in the District. The Bonds are not a debt of the City, the State of California, or any of its political subdivisions and neither the City, the State of California, nor any of its political subdivisions is liable. The Bonds do not constitute indebtedness within the meaning of any constitutional or statutory debt limit or restriction. This Annual Continuing Disclosure Information Statement is being provided pursuant to a covenant made by the Agency for the benefit of the holders of the Bonds and includes the information specified in a Continuing Disclosure Certificate. For further information and a more complete description of the City and the Bonds, reference is made to the Official Statement. The information set forth herein has been furnished by the City and by sources, which are believed to be accurate and reliable but is not guaranteed as to accuracy or completeness. Statements contained in this Annual Continuing Disclosure Information Statement which involve estimates, forecasts, or other matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion contained herein are subject to change without notice and the delivery of this Annual Information Statement will not, under any circumstances, create any implication that there has been no change in the affairs of the City or any other parties described herein. 2004 City of La Quints, Assessment District 2000-1 92 5 It. BOND INFORMATION A. PRINCIPAL OUTSTANDING Bond Issue As of September 30, 2004 Assessment District No. 2000-1 (Phase VI Improvements) $1,690,000 Limited Obligation Improvement Bonds B. FUND BALANCES Fund Name I As of September 30, 2004 Reserve Fund $224,611 Reserve Requirement(') $223,040 Construction/Improvement $452,374 (1) The Reserve Requirement was calculated based on the lesser of a) maximum annual debt service on the outstanding bonds b)125% of the average annual debt service on the bonds, or c) 10% of the amount of the bonds as set forth in the Official Statement. Source: City of La Quinta, as compiled by MuniFinancial as of September 30, 2004. 2004 City of La Quinta, Assessment District 2000-1 93 6 111. OPERATING INFORMATION A.. PARCEL INFORMATION BY ZONING % Of Remaining Remaining Number of Assessment . Average Assessment Parcels Land Structure Total Lien Value to Lien Lien Developed Commercial 21 $1,176,296 $3,059,138 $4,235,434 $92,440 45.82 5.47% Undeveloped Commercial 28 3,216,707 0 3,216,707 117,724 27.32 _ 6.96% Subtotal Commercial 49 $4 93,003 $3,059,138 $7 462141 $210,164 36.46 12.43% Developed Residential 314 11,464,356 38,510,151 49,974,507 1,125,206 44.41 66.56% Undeveloped Residential 89 3,671,564 17,823 3,689,387 355,244 10.39 21.01% Subtotal Residential 403 $15,135,920 $38,527,874 $53,663,894 $1,480,450 36.25 87.57% Grand Total 452 $19,528,923 $41,587,112 $61,116,035 $1,690,614 36.15 100.00% Development Status is based on County Land Use Codes and Structure Value Source: Riverside County 2004/05 Secured Property Roll, as compiled by MuniFinancial. The number of active parcels in the District has decreased from the original number of parcels securing the Bonds due to prepayments of the assessments through the Sewer Fee Subsidy program offered by the City to property owners who qualified. B. PARCEL INFORMATION BY DEVELOPMENT STATUS 2004i05 Assessed Value % Of Remaining Remaining Number of Assessment Assessment 02rP is Land Structure Total Lien Value to Lien Lien Developed Commercial 21 $1,176,296 $3,059,138 $4,235,434 $92,440 45.82 0.41"�o Developed Residential 314 11 464,356 38 510151 49,974,507 1,125,206 44.41 66.56% Subtotal Developed 335 $12 640 652 $41 569 289 $54 209 941 $1 217 646 90.23 72.03% Undeveloped Commercial 28 3,216,707 0 3,216,707 117,724 27.32 6.96% Undeveloped Residential 89 3,671,564 17,823 3,689 387 355,244 10.39 21.01% Subtotal Undeveloped 117 $6 888 271 $17 823 $6 906 094 $472 968 37.71 27.97% Grand Total 452 $19,528 823 $41,587112 $61,116 035 $1 690,614 36.16 100.00% Development Status is based on County Land Use Codes and Structure Value Source: Riverside County 2004/05 Secured Property Roll, as compiled by MuniFinancial. The number of active parcels in the District has decreased from the original number of parcels securing the Bonds due to prepayments of the assessments through the Sewer Fee Subsidy program offered by the City to property owners who qualified. 2004 City of La Quints, Assessment District 2000-1 94 7 C. DELINQUENCY SUMMARY Number Of Number of Parcels Annual Assessment Percent Fiscal Year Parcels Delinquent Assessment Delinquent 11) Delinquent 2000/01 468 3 $243,338 $1,577 0.65% 2001 /02 464 3 245,572 1,683 2,372 0.69% 0.98% 2002/03 463 5 16 242,218 244,913 7,107 2.90% 2003/04 464 (1) Amount delinquent as of October 29, 2004 Source: Riverside County, as compiled by MuniFinancial D. VALUE TO DEBT The following table sets forth by Value to Debt, the Remaining Bonded Debt and Assessed Value for parcels within the District. % of Number 2004/05 Assessed Land 2004105 Assessed 2004106 Total Assessed Remaining Assessment Remaining Assessment Average Value to Lien Of Parcels Value Structure Value Value Lien Lien $919,369 54.38% Greater than 30 256 $14,009,700 $36,021,112 $50,030,812 6,843,683 272,887 16.14% 20 to 29.99 69 2,522,193 1,568,044 4,321,490 1,169,200 2,737,244 179,707 10.63% 10 to 19.99 47 33 1,058,600 73,982 1,132,582 150,825 8.92% 5 to 9.99 16 228,608 0 228,608 62,280 3.68% 3 to 4.99 16 104,843 1,328 106,171 54,520 3.23% 1 to 2.99 15 36 935 0 36,935 51,026 3.02% Less than 1 $41 587112 $61 116 035 i1 690 614 100.00°�6 Grand Total 452 $19 528 923 2004 Source: Riverside County 2004/05 Secured Property Roll, as compiled by MuniFinancial. City of La Quinta, Assessment District 2000-1 9J 8 cu v rx_rr t' Ixnuvu y�� c� OF9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Approval of Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2004 (Attachment 1) . FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In an effort to monitor the condition of the City-wide Assessment Districts and to report to the investment community the status of the City Assessment Districts, district information sheets have been prepared. Based upon staff review of the Disclosure Information Sheets and based upon discussions with MuniFinancial, who prepared the documents, adequate reserves are available to meet debt service payments for the Fiscal Year 2003/04. 96 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve, receive and file the Annual District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2004; or 1. Do not approve, receive and file the District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 for Fiscal Year End June 30, 2004; or 2. Provide staff with alternative direction. Respectfully submitted, 11 ohn M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2003/04 District Information Sheets for the City of La Quinta Assessment District Nos. 92-1 and 97-1 2 ATTACHMENT 1 Assessment District No. 92-1 City of La Quinta, Riverside, CA BOND STATUS as of 11 /24/2004 District Information Sheet Outstanding Principal: Annual Debt Service For $480,000.00 Amount 2004 $ 236,720.00 2005 $135,920.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2004105 2003/04 $190,689.54 $3,079.02 1.61 % 16 Highest Annual Assessment Per Parcel: $2,038.28 2004/05 $154,700.92 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $1.76 Average Annual Assessment Per Parcel: $167.79 BOND SUMMARY INFORMATION Original Issue Amount (Par) $1,880,891.50 Final Maturity: September 2, 2008 Date of Issuance September 1, 1993 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 312.06 Total Assessed Improvements $106,776,148.00 Total Assessed Value $143,897,873.00 Total Assessed Land $37,121,725.00 Type of Improvements Storm drains, streets, water ACTIVE PARCEL INFORMATION as of 06/30/04 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 763 82.75 % 87.94% Unimproved Parcels 159 17.25 % 100.00 % 12.06% 100.00% Total 922 FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund October 31, 2004 $34,020.70 Held By City Held By City Reserve Fund October 31, 2004 $141,195.49 Approx. Reserve Requirement: $117,631.25 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com 98 3 District Information Sheet Assessment District No. 92-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 10/29/04 Tax Year Total Assessment Delinquencies (current) Delinquency Rate (current) Delinquent No. of Parcels 1999/00 $188,603.62 $0.00 0.00% 0 2000/01 $185,973.20 $193.94 0.10% 1 2001/02 $188,969.18 $381.36 0.20% 2 2002/03 $186, 319.04 $580.43 0.31 % 3 2003/04 $190,689.54 $3,079.02 1.61 % 16 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT) based on County Property Data as of 06/30/04 Number % of Total Annual Assessment % of Annual Assessed Owner of Parcels Parcels for Fiscal Year 2004/06 Assessment Value There are currently no parcel owners representing 5% or more of the total N/A N/A N/A N/A N/A assessment. Aggregate information for each owner listed is based on owner name as shown at the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the seared roil may cause multiple listings for the some owner or for the date to be incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER M.L. Stem & Co. VALUE TO LIEN RATIO: as of 06/30/04 % of Total Value to Lien Ratio No. of Parcels % of Total Parcels Aggregate Assessed Value Remaining Assessment Lien Remaining Principal 30:1 and Above 879 95.34% $143,609,853.00 $440,405.62 95.51 % 10:1 to 29.99:1 20 2.17% $206,249.00 $9,812.83 2.13% 5:1 to 9.99:1 23 2.49% $81,771.00 $10,901.72 2.36% 3:1 to 4.99:1 0 0.00% $0.00 $0.00 0.00% 2:1 to 2.99:1 0 0.00% 0.00% $0.00 $0.00 $0.00 $0.00 0.00% 0.00% 1:1 to 1.99:1 Less than 1:1 0 0 0.00% $0.00 $0.00 0.00% Undefined 0 0.00% $0.00 $0.00 0.00% Total 922 100.00% $143,891,873.00 $461,120.17 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2004/05 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinandal from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com 99 4 ATTACHMENT 2 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA BOND STATUS as of 11 /24/2004 Outstanding Principal: $550,000.00 Annual Debt Service For Amount 2004 $ 82,955.00 2005 $ 59,900.00 DISTRICT STATUS No. of Fiscal Amount Percent Parcels Range of Annual Assessments Year Assessment Delinquent Delinquent Delinquent for Fiscal Year 2004/05 2003/04 $70,899.80 $362.22 0.51 % 1 Highest Annual Assessment Per Parcel: $647.98 2004/05 $65,540.80 $0.00 0.00% 0 Lowest Annual Assessment Per Parcel: $332.56 Average Annual Assessment Per Parcel: $624.20 BOND SUMMARY INFORMATION Original Issue Amount (Par) $745,000.00 Final Maturity: September 2, 2018 Date of Issuance December 3, 1998 Bond Call Notice (days) 30 Coupon Payment Dates March 2, September 2 DISTRICT SUMMARY INFORMATION Overall Assessed Value / Lien Ratio 39.86 Total Assessed Improvements $17,103,577.00 Total Assessed Value $22,460,921.00 Total Assessed Land $5,357,344.00 Type of Improvements Roads,water,sewer,landscape ACTIVE PARCEL INFORMATION as of 06/30/04 Number Percentage of Percentage of Annual Category of Parcels Total Parcels Assessment Improved Parcels 105 100.00% 100.00% Unimproved Parcels 0 0.00% 0.00% Total 105 100.00% 100.00% FUND BALANCE INFORMATION Fund As of Date Balance Type of Investment Funds Administered By Redemption Fund October 31, 2004 $17,291.01 Held By City Held By City Reserve Fund October 31, 2004 $61,646.25 Approx. Reserve Requirement: $61,160.00 All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained by MuniFinancial from sources believed to be reliable, but is not guaranteed as to accuracy or completeness. The release of this information is not intended to be, and should not be construed as, an endorsement of such security nor a recommendation to purchase, sell or hold such security. Compiled by: MuntFinanciai 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-35W www.muni.com 100, 5 District Information Sheet Assessment District No. 97-1 City of La Quinta, Riverside, CA OUTSTANDING DELINQUENCY INFORMATION as of 10/29/04 Tax Year Total Assessment Delinquencies (current) Delinquency Rate (current) Delinquent No. of Pamela 1999/00 $66,414.60 $0.00 0.00% 0 2000/01 $66,323.70 $0.00 0.00% 0 2001 /02 $65,457.70 $0.00 0.00% 0 2002/03 $69,416.60 $719.16 1.03% 1 2003/04 $70,699.80 $362.22 0.51 % 1 PARCEL OWNERS (REPRESENTING 5% OR MORE OF TOTAL ASSESSMENT based on County Property Data as of 06/30/04 Number % of Total Annual Assessment % of Annual Assessed Anrnar of Parcels Parcels for Fiscal Year 2004105 Assessment Value There are currently no parcel owners representing 5% or more of the total N/A N/A N/A N/A N/A assessment. Aggregate information for each owner listed is based on owner name as shown on the applicable secured roll maintained by the county. Accordingly, variations in the owner name shown on the secured roll may cause multiple listings for the some owner or for the data to be Incomplete. CALL PROVISIONS Optional Redemption: PRINCIPLE UNDERWRITER None listed VALUE TO LIEN RATIO: as of 06/30/04 % of Total Value to Lien No. of % of Aggregate Remaining l'i Remaining Ratio Parcels Total Parcels Assessed Value Assessment Lien Principal 30:1 and Above 92 87.62% $20,503,375.00 $492,101.76 87.32% 10:1 to 29.99:1 13 12.38% $1,957,546.00 $71,437.99 12.68% 5:1 to 9.99:1 0 0.00% $0.00 $0.00 $0.00 $0.00 0.00% 0.00% 3:1 to 4.99:1 2:1 to 2.99:1 0 0 0.00% 0.00% $0.00 $0.00 0.00% 1:1 to 1.99:1 0 0.00% 0.00% $0.00 $0.00 $0.00 $0.00 0.00% 0.00% Less than .1:1 Undefined 0 0 0.000/0 $0.00 $0.00 0.00% Total 105 100.00% $22,460,921.00 $563,539.75 100.00% (1) Remaining Assessment Lien is reduced by any principal amounts included on the 2004/05 Annual Assessment. All assessed values are based on data obtained from the applicable county. The information pertaining to the District and its underlying security has been obtained byi M intended to be i from sources and should not be cons rued as, ato be n ene, but is not dorsement ement of suchnteed as security or a recommendation or itto purchase, sellrelease orr hold such is information is not Inte , security. Compiled by: ManiFinandal 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 www.muni.com r/(�+� G� of ,9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Denial of Claim for Damages Filed By Tyler Thompson — Date of Loss: August 18, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Tyler Thompson, with a reported date of loss of August 18, 2004. FISCAL IMPLICATIONS: The total amount of the claim was for an underdetermined amount. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Tyler Thompson with a reported date of loss of August 18, 2004. (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 102 1. Deny the Claim for Damages filed by Tyler Thompson with a reported date of loss of August 18, 2004; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: /,- 000e, rzyot�� 0 Thomas P. Genovese, City Manager Attachment: 1. Tyler Thompson, Claim for Damages 2 103 FILE wnn Crnr CLERIM OFFICE CRY of La Quhita P.O. Box 1504 La Quinn, CA 92253 . ATTAR . o "ON ' � � � �•'C..,l orvi� RESERVE FOR F1UNG STAMP CLAIM FOR DAMAGES . TO PERSON OR PROPERTY HSTRWTIONS , 1. Cb ms fordealh *ft b person or b pemonal prep" amst be filed not later ban sox m%ft after be ooauram. (".Code § 9112.) 2. Chins iordamages b real properly mint be hied n bAer ban 1 yearaft be ooai m=. (Gov. Codep112.) 3. Read erdire claim form before fig. 4. See page 2 for diagram upon which b bcab place of accident 5. This claim Jxm must be signed on page 2 at boWm. ti Attach seW* duels, Knecessmy, b 9W id deta k SKIN EACH SHEET. T0: Nam of Cit)r] Name of Claimut..� -�- . Home Address of.Claimamt . - - - mow -S I RM �w�a Business Address of Cb n mt: City and Stab Give address blephm twnW 1b which you desire notices orb be seM regaia9 dak CLAIM NO. t,, o o "^ t _ �4 -0 En ; rn Dale of BM of Claimant oK-1t-9� Owvdon of Claimant Home Telephone of (3ai =t 760- 'WS'-3?9 (o, Busix�ss T�Wof gaimant S SOCIaI S0011f* NO.: su^t, a„ s I t • (760 . yoq - 7 8 When (d DiAMAGE. *UUW00c ? Names of any calY e�r�ployees inv�alved in NV,IUFtYa 0u4MAGE: Dane: S - 8 - Time: 1c 30 AM 'NClaim is for Equbble k*nxilty,gin dab A�°8 Y/46A4 claimant ftyed wAh be canpla k t Dale: Where did DAMAGE or INJURY occur? Dmrbe i Ay, and bcab on diagw on reverse side of bis sheet. Where app Ws*, give street names and address and penis irorn ka>dmaft: bJJ 'cur - o f 5� Aribys04 , ,�ER�tkONs • Describe in dM how be DAM M or.N MY woarred. FinPloyee 7�c.ob • Ec�..,� :�u�i ti Ty le.- �h o n� ,fen �8 rl � P Y �o• e+� i�« }. �r• in a- S� s'evm- F.s e-- ` Tn, e • pw1-" w�3 5 Why do you daim the dty is respord*? of -fAe Cgy ia revw;ue &e, kcg- Of 4re-1414 40-.1 4, wit is.SKp"isicy+ of {'j�,. ��.-MAY 0¢re . 0a ✓kt"A X4 ,c1T 1rbn . AO Oe of 4.4 Sjuv PC04VCAI. %0w3 f I(oweol '.by 410- Dmribe in detail each 14M or DAMAGE -� /y% mks ysiCkll ,`o/ca..� .{,o �evuj%A plhtedG� .AS,S'"4 S %.lse, l yt p(SOA0%ei,-�. SEE PAGE 2 '(OVER) THIS CLAM MUST BE SIGNED ON REVERSE. The amount claimed, as of lhe dale of presentation of ft claim, b =qx4ed as Mon: Damages incurred b date (exact): Estimated pDspecfiye darrm3ges as far as known: Damage W property ..................... $ Future e)Wm for medical and hosplial care Expenses for medical and hospital -came ..... $ Future loss of earnings ............. Loss. of earnings ........................ $ 01w prospective special damages .......... $ Special damages for ...................... $ Prospective general damages ............$ General damages $ Total estimated prospective damages .......$ Total damages incurred b date .......... $ a+ Total amount daimed as of dab of preserita.lon of M clairn: Was damage and/or k*q investigated by police? —YZSP If so, what dly? JA QoXOr.4 Were paramedics or ambulance called? N o If so, name city or ambulance If k*xed, stale dab, time, name and address of doclor of your Initial visit WITNESSES to DAMAGE or WW: List all persons and addresses of persons known to have inbmalion: Name Address Phone .. Name Address Phone Name Address Phone Hospital Address Phone Docior Address Phone Doctor Address Phone READ CAREFULLY Ford amidentclairns place on b1lowirg diagram name of sunsets, kxklft Wdfi sodWby'&I-and imiono(pursefforyotffveW*attwbmottwacdMt East Soulk And West indicate place of OmWt by or and by showing house by '13.1- and lhe point of knW by W numbers or distances lo *set corners. 9 Cily Vehicle was kridygd, desVmb by HOW bcdono(CkyVehicle when you "Saw k MW by -B-0 Wdm of pxsd' NOTE: f dtagranrs below do nott the situation, &W hervID a Proper diagram or your vehicle when you fist 38w CRY VOW location of Cky vehicle at Inve of -signed by dak=L SIDEWALK CURB CURB PARKWAY SIDEWALK.' 77 or person OV on iD Claimant NOTE: CLAIMS MUST BE - I 'Ro iseft-T I 'vi o me so-oi WITH CITY CLERK (Gov. Code § 91 5a.) Presentation of a false claim is a felony (Pen. Code § 72.) 4 105 v � 5 rag OF T9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Denial of Claim for Damages Filed By Michael McKeever — Date of Loss: September 28, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Michael McKeever, with a reported date of loss of September 28, 2004. FISCAL IMPLICATIONS: The total amount of the claim was $ 1,075.38. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Michael McKeever with a reported date of loss of September 28, 2004. (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 106 1. Deny the Claim for Damages filed by Michael McKeever with a reported date of loss of September 28, 2004; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Michael McKeever, Claim for Damages 2 Fg.E WITH: CITY CLERK'S OFFICE My of La Quinta P.O. Box 1 W4 ..., La Qwrda,,CA 92253 CLAIM FOR DAMAGES TO PERSOMbR-fill MTRUCTMS 1. Qbft for deal k injury b person orb personal ""must be ged not bllef Imn sk IIM W i - aril the .00 wenOe. (Gov. Code § 9112) YIWI :- 2. CNai= for6=ges b"property must be filed not baler tram 1 year alter I* oomfenee:,(Goy. Code § 9112)t. ♦ r•== ?' - i 3. Read erfe dakn form before Mg. 4. See page 2 forfiiagrann upon which-b locale pb ce of acddent. S. This claim form must be signed on page 2 atboWm • 6. Mach sepxWe sheets.9necessary, b give id detak %N EACH SHEET. ► , V RE#RVTFE7R FlL'INOST�P� i0 1,22 PM f: 42 •Y of is nta Y CIfFK"5 0 T0: of w � 1 , cane of of irrlant:� - � vN � .l t Name of t�admarnt: � of [�sl d ` ra ..r. w, . • i i • 7it Home TV-4-IN • • s •r, t . C .'s; : •' . t. ;'C; . ! i ft. it s . * •� ore address ON b which-wu desire no�oes a eomrrxxnica b t r�E�ytl' g30oa 6t �� gaurrru s Soaanl Securtly fVo- ' . rates Ni -L m When ,JURY ;." , 4 Hof '' *Wved in ��tJUlt1( or D�AMAGEi. I A;:- ►,- , ='U' -N A, IiCfaim is daiman#served wilh rtne Dale: Where did DAMAGE or INJURY ooa? . D=W Uy, and beans on dragram on reverse side of to sheet. Where approp ob, give street names and address and measmemenis from landrrnarics: ' v�. �PbxlMfMl-.Yz. W#y dawft - apst J poi holE� A-r�d r�ocy,S �H VAK kIIN Descam rnMghow noaOUXaruu�!�Aoa.reo. ��d�Nc, /r csroc� of. fi14c- E�tSi- on FWD 2-71 R} Mnvii 2514110 PO4 -koor, 21I� ti�Nt� G�A�lEI Amwd ropa lass +"�OmN .�A-rvl s �Er�- �►�' -�is�-5(_ .focl<. Fro4 rim 66t& 1 6#s5 V. «A of �y ��s z k�a� oN pry 64 s'j rvAd 61aa'\w�`d�`` why do you dorm the.* 0 responsible? .4. '{ A16A Qt,% S-MAIZ00 6 4-1 K °� - %sue- 6 i� SS+oct +o no �'i T • IN f t 'rs 1 �� ` u i�£ A"i h C� �'C �1 • '7 P��i� cv 1ti0it Tot' t ... S Describe in deW each pVJURY or DAMAGE -� H -Aid b A4 r; m(> 5R 1' s � , A$ VwAK d b AKE f �- . yzoo Saw SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIB - 1�►$ 33 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred b date (exacq: Estimated prospective damages as tar as known: Damage to Poly • • • ......... ........ $ J Futxe expenses for medical and hospital care .a .Expenses for medical and hospital care a Future loss of earnings ....................$ Loss of earnings ...... /.j'�x .......... $ Oar prospective special damages ....:......$ Special damages for ..................... $ Prospective general damages .. .......$ Total estimated prospective damages .......a General damages ................. $ Total damages incurred lo date .......... $ Total amount daimed as of date of presentation of lhis claim: _ low. Was damage and/or kW invesligaled by police?. 9 so, what dty? Were pammedics-oriamWlanoe called? If so, name dty or amWlance and address of doclor of your WN visk. i �M� :.. 3,'L�71 � ' 'q,I17MAAdo te_ ry DOCTOR 6�iArr d5asx w' ��! •� �' ��*'�� :t-�i::c : Z' .:- f�. ,•. �, =� . r ".3;�` : ' ; . 4,r . • AddressC �~ .{- l +� Phone %9tT%M Do*( ' ,� �Pz Address — Phone 1 — L 92— y� r f� tb Doctor 1 ly ,4ddaess phone READ CAREFULLY daocidertclairrs place on foNowing diagram Warne of streets, 9 Nash, aoddentby`A-1- and bcaion of yyoursdor yow vehicle at the In of toe aoditt East, South, Md West; indcale place of acciderd by 1r and by showing house • by -9-1- and rie point of by W w,nbem or &lances b shred comers. KCfiy Vehicle was involved, designale-by - heller`X bcdm ofCrlyVehicle when you first saw it, and by V locaion of yourself NOTE: 9 ftg,anrs below do not* the shnft% attach hereb a proper diagram or your vehicle when. you first saw City Vehicle; locaion of Ciy.vrdticle at kne of signed by claimant CURB 77 or person 10 NOTE: CLAIMS MUST BE FILED WITH SoA, SIDEWALK w, F X PARKWAY SIDEWALK CLERK (Gov. Code § 91 Sa.) Presentation of a false claim is a felony (Pen. Code § 72.) CURB 1 9 4 C U S T O M E R EST ATE S I EST. BY I SAVE OLD PARTS - CASH CHECK 0 CHARGE N ON ACCOUNT I DESCRIPTION OF ITE,%1 OR SERVICE ■ 1 ,5 l<�� off J't �_■ _ _� f t TkC K, ■ �S icy-Yj r4',� !� l *F AM li k}r 3 4F3 r e;, eff.�>em� MECHANIC S COMMENTS WARNING/DIAGNOSIS QTYL Lr X 3, tM -91 ■ ■ A Am 0. MAN _�._ tf ham. ■ ��? �� ■ � µ,:.w ■ May 5, 2004. Honorable Mayor Donald Adolph and Council Members City of La Quinta 78-495 Calie Tampico La Quinta, CA 92253 Dear Mayor . On behalf of the Desert Bike Association, please accept our congratulations and gratitude for yourforesight and leadership in making the fine City of La. Quinta not only -a leader in golf, but also a leader in providing bike lanes and safe routes to bicyclists. Every year thousands of cyclists from around the worid choose. La Quinta to ride'their bicycles for leisure, training; and fitness. A number of our riders are also La Quinta residents. Our group has several rides each week, which pass through La Quinta. The preferred route includes Jeff lets" Street south to 54 Avenue, then turning on Madison Street towards Trilogy. This route is preferred because of light traffic. We have a small favor to ask. The bike lane through the section of Avenue 54t' between Jefferson Street and Madison Street has deteriorated with alligator caacldng and potholes beyond simple repairs. hiders often employ caution. passing on this road. We are concerned for the safety of our riders who. range in age from teens to seasoned seniors in their late seventies, and vary In skills.. from beginners to advanced. Will you please consider adding this road to your roadway rehabilitation program in the near future.? This would be greatly appreciated by the groups' riders and the m*orists using this route too. If I can answer your questions or provide additional information, please contact me at Sincerely, Kevin Brown, President Desert Bike Association r-www4rmante and tr Mea.t ava, S_r,.1d Anr 6 111 54 h East bound going between Jefferson and Madison on 2 Oct 2004 Zoom of above bike path pieces of asphalt are diloged by heavy truck traffic, and poor road conditions and*own into bike path. 54th West bound excellent shape 112 loco �a� E: CU v _ i c�hl OF T9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Approval of Plans, Specifications and Engineer's Estimate and Authorization to Advertise for Bid the Madison Street Pavement Rehabilitation Improvements (Avenue 50 -to Avenue 52), Project No. 2003-07B RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING:' Approve the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorize staff to advertise for bid the Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-07B. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Funding Source Gas Tax Omni int Kin Annnunt 401-0000-391.00-00 $226,585 Considering the Engineer's Estimate in the amount of $150,000, the following represents the anticipated project budget: Construction: Design': Insp/Test/Survey: Administration: Contingency: Total: $150,000 $47,175 $8,760 $5,650 $15,000 $226,585 As illustrated, adequate funding is available to support staff's recommendation. ' The design fee includes the cost to prepare the PS&E for the Madison Street Rehabilitation Improvements, from Avenue 54 to Avenue 58, in the amount of $33,414. 113 CHARTER CITY IMPLICATIONS: None. The project is funded with State funds. Subsequently, the project will be bid as a prevailing wage project. BACKGROUND AND OVERVIEW: The proposed improvements include rehabilitating the pavement within the existing 12' travel lane on the west side of Madison Street from Avenue 52 to Avenue 50 (Attachment 1). Madison Street is shared at centerline with the City of Indio. The Pavement Management Plan (PMP), approved by the City Council on August 19, 2003, recommends rehabilitating Madison Street, from Avenue 52 to Vista Bonita, during Fiscal Year, 2003/2004. The PMP also recommends rehabilitating Madison Street, from Vista Bonita to Avenue 50, during Fiscal Year 2004/2005. Staff has combined these two half mile segments into one project in order to take advantage of economies of scale. On February 17, 2004, the City Council approved a Professional Services Agreement (PSA) with RKA Engineers, Inc. to prepare the plans, specifications and engineer's estimate for the Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07. The design of the Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52) was included within this agreement. The PS&E are now complete and available for review within the Public Works Department. Contingent upon City Council authorization to advertise the project for bid on December 21, 2004, the following represents the project schedule: City Council PS&E Approval Project Advertisement (30 days) City Council Awards Construction Sign Contracts and Mobilize Construction (30 Consecutive Calendar Days) Project Close-out/Acceptance December 21, 2004 December- 22 — January 21, 2005 February 1., 2005 February 1 — 20, 2005 February 21 — March 22, 2005 April 2005 2 114 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate of probable construction costs and authorize staff to advertise for bid the Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-0713; or 2. Do not approve the plans, specifications and engineer's estimate of probable construction costs and do not authorize staff to advertise for bid the Madison Street Pavement Rehabilitation Improvements (Avenue 50 to Avenue 52), Project No. 2003-0713; or 3. Provide staff with alternative direction. Respectfully submitted, imoth . Jo sson, P.E. Public Works irector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Site Map 3 115 ATTACHMENT 1 AVENUE 50 CITY OF LA QUINTA CITY OF INDIO A A N L VISTA BONI TA 12't AVENUE 52 MADISON STREET RESURFACING AVENUE 50 TO AVENUE 62 PROJECT LIMITS F SCALE: DRAYMN BY: SHEET: 15/2004 N.T.S. D.G.G. 1 OF 2 DRAWING: F:\ACAD\360001\MADISONEXHIBIT-B.DWG 116 4 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A0 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30092 is located west of Monroe Street and north of Avenue 58 (Attachment 1). This residential development will consist of 97 lots on approximately 38.6 acres (Attachment 2). On May 18, 2004, the City Council approved Tentative Tract Map No. 30092 Extension #2. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. 117 As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 20, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 30092, Piazza Serena, K. Hovnanian Forecast Homes, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, imothy na s n, P. E. Public W Die tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 118 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 30092, PIAZZA SERENA, K. HOVNANIAN FORECAST HOMES, INC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 30092 is conditionally approved provided the subdivider submits all required items on or before January 20, 2005. 3 119 Resolution No. 200- Tract Map No. 30092, Piazza Serena Adopted: December 21, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 20, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California n 1 wo Resolution No. 2004- Tract Map No. 30092, Piazza Serena Adopted: December 21, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 1�1 ATTACHMENT 1 Q _ Z 0 z WW O cr, 6 1�2 a Q h i Q lip I I I �� N r ot Ni � �t�ccs �aarMo�w b La-mt M .1[xm N) G9C9bit M .sc.91.w N) .09'9 L M .KX-00 N ,u=t M .K.W.00 N _ S • _ k:sl Ida�� s Q Q *0 I as ?Vol ga= + - -Q Q Q Y Q i t ` ff'9Lft M .Lt.9LA0 N GOC9Ltt M .00.9aoo N) co ggR i� It t� OL9Ltt M .99.fS.00 N (.Err'It M .i0,4L 00 N) t hit • O 0 9 1�� 10 1 1lam igm A .alma �� -?A aralm 8�\ w �I its ,Mal _ �� jwv "Vjai + - pill ,Mal I owlAm1 I �-7i11'�ai►irav � I g 1 i owl N • 1 I N w I II'�dT 1 "I .Ml[fY I 1 b Nzmuuw o 011 O \ w 91 AM �I Iraarwt/ .Mza I a' ' AM I � w ) I iiiAiOr\'_ pp I \ �1 1 ' ow �iaill iKMMII � Am ZWAW R 1 owlzmgnm— fig\ Ti .NMI \� P 1 1 .Mill .M,rl ,Mw1 .Ma ,{Aaron, .aIPLM - ,MMIo�,I low - AM Zjv w - ATTACHMENT I CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.30092 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between K. Hovnanian Forecast Homes, Inc a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract 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. 30092 (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 b0tween 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 plarismeeting 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 C:%Dmn.wts and Settings%ewdsw%LocW Settings\Temporary kttemet Fdes%OLKAONSITE SWdoc 13 199 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. 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 Tract 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be Valid CMocuments and SettingslschaparrolLocal SettingslTemporary Internet Fi1esl0LK16%0NSITE SIA.doc 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 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the"d CADocuments and Settings\schaparro\Local SettingsWemporary Internet Fi1es\0LK15\0NS17E_SIA.dx 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. 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 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 required 16 13 CADocuments and SettingAschaparrolocal Settingffemporary Intemet Files\OLKI5ONSITE SIA.doc 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. Iml2rovement 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. 17 1J3 CMocuments and SettingslschaparrdXLocal SettingslTemporary Intemet Files10LKIMNSITE_SIA.doc 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. 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 Jaime Dana Banfield K. Hovnanian Forecast Homes, Inc 3536 Concours Str t, Ste 320 Ontario, CA 917 By: r Title: _ i Y rlt.a.�� fit_ Title: C)V KA offAtt R j *W4qW45%0%% R��,�and �,,,,,uP Sales & Marketing City Engineer Date Approved as to Form: City Attorney Date Date U1glo� 134 CADocuments and Settings%chaparro\Local Settings\Temporary Intemet Files\OLMS\ONSITE_SIA.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO. 30092 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (10% of Total, Already Bonded) $ 153,538 $ 153,538 Drainage $ 59,600 $ 59,600 Street Improvements $ 683,633 $ 683,633 Domestic Water $ 546,896 $ 546,896 Sanitary Sewer $ 225,130 $ 225,130 Dry Utilities $ 819,000 $ 819,000 Perimeter Walls $ 328,050 $ 328,050 Monumentation $ 21,280 $ - Totals $ 2,837,100 $ 2,815,800 Standard 10% Contingency $ 283,700 $ 281,600 Total Construction Cost $ 3,120,800 $ 3,097,400 Professional Fees, Design 10% $ 312,100 $ 309,700 Professional Fees, Const 10% $ 312,100 $ 309,700 No Plans Contingency 25% $ 780,200 $ 774,400 Bond Amount $ 41525,200 $ 4,491,200 19 C:\Documents and Settingslschaparro\Local Settings\Temporary Internet Fi1es10LK15\0NSITE SIA.doc 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California rr County of _S%n 6P r ncAral�'n o ss. On pec,_om�22r 9� .�CX��/ before me, Date personally appeared �1.efIW� YVETTE ILER IOComml�lon 013W420 Notary Public - Calffernis Ean earnaedlno County UComm. �� ► ZS.Z006 Name and Tide of Officer (e.g., "Jane Doe, Name(s) of Signer(s) R personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons whose name Ware subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in *Whet/their authorized capacity, and that by h+s{hw/their signaturehlon the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand a officials I. Signature of Notary 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 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 ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationainotary.org Prod. No. 5907 Reorder. Call Toff -Free 1-800-876-6827 20 136 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 30092 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between K. Hovnanian Forecast Homes, Inc, a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract 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. 30092 (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. 21 CM=uments and Settingslschaparrolocal Settings\Temporary Intemet Fi1es10LK1.%0FFSITE_SIA.doc 137 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 cant' 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 Tract 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, Tract map or waiver of Tract 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 22 CADocuments and SettingsksdnaparrolLocal Settingffemporary Internet Fi1es%0LK15%0FFSITE_SLkdoc security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security.shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all 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, warra* 1�� CMocuments and Settings\schaparro\Local Settings\Temporary Internet Fi1es\0LK15\0FFSITE SLkdoc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 24 CADocuments and Settings%schaparroM-ocal SettingsWamporary Internet Fi1es\0LK15\0FFSITE SLkdoc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally .delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 25 1411 CMocuments and Settings\schaparro\Local Settings\Temporary Intemet Files\OLK15\OFFSITE—SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Address: Jaime Dana Banfield K. Hovnanian Forecast Homes, Inc 3536 Concours Street, Ste 320 Ontario, CA 91764 By: Title By: Title VP Sales & Marketing Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date e I Oro 26 CADocuments and Settings�schaparroUcal Settingffemporary Intemet Fi1es%0LK15\0FFSITE_SIA doc Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 30092 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street w/Median (Monroe Street) $ 192,570 $ 192,570 Street (Avenue 58) $ 188,600 $ 188,600 Sewer Improvements (Monroe) $ 126,870 $ 126,870 Water Improvements $ 213,400 $ 213,400 Storm Drain $ 8,910 $ 8,910 8' Wide Meandering Sidewalk $ 61,630 $ 61,630 Landscaping (Parkway) $ 394,170 $ 394,170 Landscaping (Median) $ 53,650 $ 53,650 Traffic Signal at Entrance $ 120,000 $ 120,000 Totals $ 1,359,800 $ 1,359,800 Standard 10% Contingency $ 135,980 $ 135,980 Total Construction Cost $ 1,495,780 $ 1,495,780 Professional Fees, Design 10% $ 149,580 $ 149,580 Professional Fees, Const 10% $ 149,580 $ 149,580 No Plans Contingency 25% $ 373,950 $ 373,950 Bond Amount $ 21168,890 $ 291689890 27 TAProject Development Divisionoevelopment Projects\Agreements\SIA\S1As in ProgressTorecast Piazza Serena 3009210FFSITE_SIA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � n &,MCAY-4440 30=0A *_1 personally appeared YVE-tTE tLER _ Commission # 4306426 z owlycomm Notary Public - Caffornis _>San Bernardino County , Expires May Z6.Z005 wwqrqwqp VP personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons whose named 49/are subscribed to the within instrument and acknowledged to me that hey executed the same in *is!hw/their authorized capacity(ies), and that by hisfW/their signatures on the instrument the persons , or the entity upon behalf of which the person(s) acted, executed the instrument. —" WITNESS my hand and official seal. A�� 4A e_1 Signature of Notary 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 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 ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nafionahrotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 28 144 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31874-1, Stonefield, Stonefield La Quinta I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: , CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-1, Stonefield, Stonefield La Quinta I, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map. No. 31874-1 is located west of Monroe Street and north of Avenue 53 (Attachment 1). This residential development will consist of 50 lots on approximately 21.3 acres (Attachment 2). On September 28, 2004, the City Council approved Tentative Tract Map No. 31874. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 20, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31874-1, Stonefield, Stonefield La Quinta I, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31874-1, Stonefield, Stonefield La Quinta I, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, TmothyPona:V, P.E. icWrsbur/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 itt6 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31874-1, STONEFIELD, STONEFIELD LA QUINTA I, LLC, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates. an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31874-1 is conditionally approved provided the subdivider submits all required items on or before January 20, 2005. 3 147 Resolution No. 200- Tract Map No. 31874-1, Stonefield Adopted: December 21, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 20, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 148 Resolution No. 2004- Tract Map No. 31874-1, Stonefield Adopted: December 21, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 149 ATTACHMENT 1 c J U V O O Z ATTACHMENT 2 MEMNON ..... . ,,....- .... I-Rit fill b b b h Ilk a �b i! k• i! kb 3 '�' �b � o � c UO Qb b R fib. 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W =I N 1 "� Z o IL O y y.( J ............ . 3w.0l K � AMI A.10MA N aav 33 w i F mom -Ia-Mau-$=. ."° 'fir► w MOM - "w1ro "00 CITY OF LA Q UnvTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31874-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Stonefield La Quinta I, 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 Tract 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. 31874-1 (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 TAProject Development Division0evelopment Projects\Agreements\SlA%SIAs in Progress\Stonefield TM 31874-1\ONSITE_SIA.doc 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. 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 Tract 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall bed plaid �+ 1JV T:\Project Development Division0evelopment Projects\Agreements\SIA\.SIAs in ProgresMStonefield TM 31874-1\ONSITE_SIA.doc 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 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of. which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security, guaranteeing Participatory Improvements. If Subdivider fails to deposit. said cash within 30 days of the date of the written demand from City, City -may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at thl yd TAProject Development DivisioMDevelopment Projects\Agreements\S1A\,SIAs in Progress\Stonefield TM 31874-1\ONSITE SIA.doc 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. 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 14 _ TAProject Development Division\Development Projects\Agreements\.SIA\SIAs in Progress\Stonefield TM 31874-1\ONSITE_SIA.doc 1. 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. 15 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Stonefieid TM 31874-1\ONSITE_SIA.doc I __ 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. 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 Mr. Robert Pack Stonefield La Q(A972679 LC 23333 Avenida Coto De Caza, By: o+ Rdmt C. pack, President Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date TAProject Development Division0evelopment ProjectsWgreements\SIA%SIAs in Progress\Stonefield TM 31874-1\ONSITE_SIA.doc 16 1G0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of DRM-�E ss. On I ' Z ' Qt' , before me, K • T:J'LLT' I Q VTbI��. Date Name and Title of Offijer (e.g., "Jane Doe, Notan Public") personally appeared %oxxC.' p� , Name(s) of Signer(s) K. Skiff Commission # 1328081 A �r Notary Public - Califomia z Orange County my romn. Expi s Nov 2, 2W5 Piece Notary Seal Above personally known to me proved to me on the basis of satisfactory evidence to be the person() whose name(( is/ak subscribed to the within instrument and acknowledged to me that he/stPhIf, executed the same in his/h4r/the authorized capacity(ie ), and that by his/htr/thfir signature(s on the instrument the person(, or the entity upon .behalf of which the person(] acted, executed the instrument. WITNESS a d and official ea. 0 Tnature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER op of thumb here 01999 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nabonalrootaq.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 31874-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original. amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/Fugitive Dust/C&G $ 766,400 $ 766,400 Domestic Water $ 200,530 $ 200,530 Sanitary Sewer $ 171,730 $ 171,730 On -site Street Improvements $ 453,220 $ 453,220 Dry Utilities $ 164,880 $ 164,880 Monumentation $ 7,000 $ - Totals $ 1,763,760 $ 1,756,760 Standard 10% Contingency $ 176,380 $. 175,680 Total Construction Cost $ 1,940,140 $ 1,932,440 Professional Fees, Design 10% $ 194,010 $ 193,240 Professional Fees, Const 10% $ 194,010 $ 193,240 No Plans Contingency 25% $ 485,040 $ 483,110 Bond Amount $ 2,813,200 $ 21802,030 18 T:1Project Development Division\Development ProjectsWgreements\.S1A\.S1As in Progress\Stonefield TM 31874-1\ONSITE_SIA.doc 1�20 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31874-1 OFF --SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Stonefield. La Quinta I, 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 Tract 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. 31874-1 (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 fumish.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. 19 163 TAProject Development Division0evelopment Projects\Agreements\.SIA1SIAs in Progress\Stonefield TM 31874-1\0FFSITE SIA.doc 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 Tract 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, Tract map or waiver of Tract 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 . Zo 16 TAProject Development DivisioMDevelopment ProjectsWgreementsUSIA�.SIAs in Progress%tonefield TM 31874-1\0FFSITE_SIA.doc security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of .credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the' administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative -fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides. City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for - an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all 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, wa2rra my TAProject Development Division\Development ProjectsWgreements\SIAWAs in Progress\.Stonefield TM 31874-1\OFFSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. 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 agr ement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdi ider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for -obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set; evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 22 166 TAProject Development Division0evelopment Projects\AgreementMS1A\.S1As in Progress%tonefield TM 31874-1\0KSITE SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City .standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one. (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor 'done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 23 167 TAProject Development Division0evelopment ProjectMAgreementsOMSIAs in ProgresskStonefield TM 31874-1\OFFSITE SIA.doc 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 attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Address: Mr. Robert Pack d La Quinta I, LLC 23333 Aven La Caza Coto De 9 79 R&W C. Pack, President Date Title: By: Title: Reviewed. and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 24 TAProject Development DivisioMDevelopment ProjectsWgreementsNAIMSIAs in ProgresM tonefield TM 31874-1 WFFSITE_SIA.doc !1 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OR,f�MOE ss. On 1'a.' -6. 04C , before me, K ' 5 K %T_t j b� p%3 bUC. , Date Name and Title o icer (e.g., "Jane Doe, Mary Public") personally appeared _� C.' V kC-K Name(s) of Signer(s) K SMITH ] Commission # 1328081 z Notary Public - California > y► Orange County _ my Cnffim. Expims Nov 2, 2005 RW Place Notary Seal Above personally known to me proved to me on the basis of satisfactory evidence to be the person() whose name(sl is/ai) subscribed to the within instrument and acknowledged to me that he/s /t4ey executed the sam in his/h4r/th it authorized capacity(iep), and that by his/htr/their signature(sl on the instrument the person(4), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and offici I sea nature of Notaryublic 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: twbml Document Date: W. ' -4 ' 0 A- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.natiot a taryorg Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6927 25 1C� Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31874-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security.. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and. shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 273,400 $ 273,400 Water Improvements $ 198,920 $ 198,920 8ft Meandering Sidewalk $ 33,790 $ 33,790 6ft Block Wall $ 396,000 $ 396,000 Perimeter Landscape (Includes Trail) $ 326,040 $ 326,040 18ft Raised Median (Curb Only) $ 17,360 $ 17,360 Traffic. Signal at Monroe & Ave 53 (25%) $ 50,000 $ 50,000 Monumentation at Monroe $ 4,390 $ - Totals $ 1,299,900 $ 1,295,510 Standard 10% Contingencey $ 129,990 $ 129,550 Total Construction Cost $ 1,429,890 $ 1,425,060 Professional Fees, Design 10% $ 142,990 $ 142,510 Professional Fees, Const.10% $ 142,990 $ 142,510 No Plans Contingency 25% $ 357,470 $ 3569270 Bond Amount $ 210739340 $ 2,066,350 TAProject Development Division\Development ProjectmAgreements\SIMSIAs in Progress\Stonefield TM 31874-1\0FFSITE SIA.doc 26 .� AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 21, 2004 CONSENT CALENDAR: /aZ- STUDY SESSION: Approval of a Request by the Department of Interior, Bureau of Reclamation, to Utilize the Council Chambers PUBLIC HEARING: for Public Meetings to Discuss the Coachella Valley Resource Plan on February 3, 2005, 10:00 a.m. to 3:00 p.m. RECOMMENDATION: Approve a request by the Department of Interior, Bureau of Reclamation, to utilize the Council Chambers for public meetings to discuss the Coachella Valley Resource Plan on February 3, 2005, 10:00 a.m. to 3:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Department of Interior, Bureau of Reclamation, has requested that the Council Chambers be made available for public meetings to discuss the Coachella Valley Resource Plan on February 3, 2005, 10:00 a.m. to 3:00 p.m. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1) for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a request by the Department of Interior, Bureau of Reclamation, to utilize the Council Chambers on February 3, 2005, 10:00 a.m. to 3:00 p.m.; or 2. Do not approve the request by the Department of Interior, Bureau of Reclamation, to utilize the Council Chambers; or 171 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Dire of Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachment:1. Application 2 ATTACHMENT 1 Type of Event : Public Private_ DSscription ref Activity:..u1�1' ,, _ 7►/J��fl 1.0 d k, c`IZZ /la ( Date(s) of Uio; Feb. 3. 2005 Size of Grow: 7,5"- Time of use.: i St.A;tt p.at.) Total Hours �f use 5 x $32,00 -Adur = $ N/A.. Certificate 6f Additiqngl Insured Attached:; -or- Ci t'y Insurance Regues tvd.: � Fec� Paid : �% Refundable G caning Deposit Paid: ��- N/A Session Rama = $200 Council ere (up to 53 peMle) = $300 ca=cil Cita ers (54 pecvla plus) = $500 . Total Peid: The vmdersig*ed hereby agrees to abide by t1a rules aid regulmticns of the City #f, La Quinta relating the use of public facilities . Si Date: / � 9nature • Title: .OZ —.- - Depos it . RegUkred For: Deposit Xetu;ncd: pate: ./A lffcmg i =h* prep w mjLW=LMV thw a�iLaatiae e�i !La s��.,M.�t e! :.t�a�aeioa �..at 6� �� •!l1o�r �s ass a#— -owing 0 amiss IL. . I! ill* PDX410�� tit #� OCfi��r of tot •�aoi:at:.� Apr Mhi�ti OOdlicalielR is wads. Web* a..ss present sieis*ea aut"Irl*&ties from the 23maP to rigs. i 1"3 4 3 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Approval of a Professional Services Agreement With Creative Contractors for Design/Build Services For Childcare Facility Playground Improvements #2004-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I3 STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with Creative Contractors for design/build services for the childcare facility playground improvements, Project #2004-08. FISCAL IMPLICATIONS: At the April 20, 2004 City Council meeting, the City Council approved the project applications for grant funds for the Per Capita and Roberti-Z'Berg-Harris Block Grant Programs under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40). The City Council approved using $62,172 from Proposition 40 funds to improve the playground equipment at the City -owned childcare facility currently leased by the Family YMCA of the Desert. The City received notification on October 20, 2004 that it's application for funding was granted by the California Department of Parks and Recreation. Creative Contractors has submitted a proposal for the project in the amount .of $57,332, leaving a balance of $4,840 of grant funds that can be used for another project upon approval by the California Department of Parks and Recreation. CHARTER CITY IMPLICATIONS: Funding for this project is through a state grant, therefore subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: 174 The City of La Quinta owns the childcare facility that is currently leased to the Family YMCA of the Desert. The playground equipment at this site is approximately 10 years old with some pieces having been donated to the YMCA from a commercial fast food restaurant some years ago. The playground equipment at the facility is in need of replacement. The City has received notification from the California Department of State Parks and Recreation that the City's application to use Proposition 40 funds for replacement of the equipment at the City -owned childcare facility has been approved and the project may proceed. Staffs from the City and the YMCA have met to discuss the replacement of the equipment. After a minor revision, the YMCA staff believes that the proposed playground equipment will meet their needs. This project will expand the play area at the facility by offering more play amenities while bringing it into conformance with accepted safety standards. A Request for Proposal was approved by the City Council at the November 3, 2004 City Council meeting and was advertised via plan rooms. Two proposals were submitted and reviewed by a committee for appropriateness. Creative Contractors submitted a proposal in which the specified equipment will be installed according to manufacturer's direction and safety surfacing will be installed. It is anticipated that upon approval of the Professional Services Agreement the project will be complete by early spring 2005. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with Creative Contractors for design/build services for the childcare facility playground improvements Project #2004-08; or 2. Do not approve a Professional Services Agreement with Creative Contractors for design/build services for the childcare facility playground improvements Project #2004-08; or 3. Provide staff with alternative direction. 17 2 Respectfully sgbmitted, Dodie orvitzI C`om%iunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 3176 PROFESSIONAL SERVICES ATTACHMENT 1 AGREEMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and CREATIVE CONTRACTORS, a California corporation, (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF Contractor A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the, Childcare Facility Playground Improvements as specified in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor agrees that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. B. Contractor's Proposal. The Scope of Work shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. C. 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. D. Licenses, Permits, Fees and Assessments. Contractor 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. Contractor 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. E. Familiarity with Work. By executing this Agreement, Contractor represents that (a) it has investigated and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in 5.13 hereof). F. Care of Work. The Contractor shall adopt reasonable methods during the *! life of the Agreement to furnish continuous protection to the work, and the 004 equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by THE CITY, except such losses or damages as may be caused by THE CITY's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to THE CITY, when such inaccuracies are due to the negligence of Contractor. G. Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached as Exhibit "B" hereto and incorporated herein by reference, when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding fifteen percent (15 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 2.0 DELIVERABLES. A. Generally. Contractor shall be responsible for preparation of Instruments of Service or deliverables .as specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All written deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only, and on a 3.5" disk in Word format. All graphic material shall be as specified in Exhibit "C" or as directed by the City. B. Meetings. The meetings corresponding to services for this contract are set forth in the Lists of Meetings, attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended by mutual consent of the CITY'S CONTRACT OFFICER, and Contractor. C. Monthly Progress Reports. Contractor shall submit to THE CITY a written monthly progress report attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this Agreement. Each progress report shall include, at' a minimum, the following: • For each Task, a brief statement of the work performed since the last monthly progress report; • For each Task, a comparison of actual accomplishments to established objectives, milestones and/or deadlines; • Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet objectives or milestones. • Discussion of any issues that may have arisen or are expected to arise, problems encountered, changes in personnel, etc., that could affect or are affecting the work. 8 • Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and herein incorporated by reference, and any delays or deviations from the Project Schedule, attached as Exhibit "B" hereto and incorporated herein by reference. • Work planned for the next reporting period and anticipated accomplishments. Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as a required attachment to any request for payment submitted by Contractor. Receipt and approval of monthly progress reports by THE CITY is mandatory prior to any issuance of payment to Contractor. D. Quarterly Update. THE CITY may require that Contractor update the Project Schedule on a quarterly basis, dependent upon the nature and number of extensions that may have been previously approved. These updates are considered a deliverable and, as such, a condition of this Agreement. el t Y U RJ 6 3.0 COMPENSATION. A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to Contractor an amount not to exceed fifty seven thousand three hundred thirty two dollars ($57,332) in accordance with the "Project Budget ", dated, and attached as Exhibits "E", and "Hourly Rates" as specified in a letter dated, attached as Exhibit "F", each Exhibit which is incorporated herein by reference. B. Maximum Amount of Allowable Costs. The "Project Budget " and "Hourly Rates" attached as Exhibits "E & F", states the maximum allowable costs ("total costs" as shown in the last column) for each of the tasks identified in the "Scope of Work" Exhibit "A" and supplements thereto, all of which are attached and incorporated herein by reference. To shift funds from task to task in order that the maximum allowable cost for any task is to be increased or decreased requires the mutual consent of THE CITY'S CONTRACT OFFICER, and the Contractor. Preparation and distribution of a letter of confirmation by Contractor shall be incorporated as a matter of record into this Agreement upon mutual consent to shift funds. C. Payment to Contractor. Payment shall be made to Contractor only. It shall be the responsibility of Contractor to pay all Contractors, subContractors and/or vendors for purchased goods or services. D. Payment in Arrears. Payment to Contractor shall be made in arrears, not more frequently than once every month, except that advance payments may be made for expenses related to - "Workshops" when circumstances dictate and when approved by THE CITY. E. Total of Invoices. The total of all invoices for tasks submitted by Contractor shall not exceed the amount set forth in the AGREEMENT SUM above. F. Actual Costs. Reimbursement for the services of Contractor shall be based upon actual expenses incurred. G. Method of Payment. 1). Contractor shall prepare a checklist of milestones (Project Milestones for Progress Payments, Exhibit "G"), such as meetings (List of Meetings attached as Exhibit "ID"), and/or deliverables (List of Deliverables attached as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented by that milestone, deliverable, and/or achievement of the total work to be completed to fulfill the terms and conditions of this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY'S approval of this checklist, payment up to and including ninety percent (90%) of the maximum allowable cost for each task shall be made to Contractor in accordance with the checklist. By way of example, 011 for a month in which Contractor prepares and submits to THE CITY a draft report which is identified on the checklist as representing thirty percent (30%) of the total work to complete that Task, Contractor may request payment in the amount of thirty percent (30%) of the maximum allowable cost for that task. THE CITY shall make payment to Contractor for all such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum allowable cost for that task. Aforementioned Project Milestones for Progress Payments as approved by THE CITY is attached as Exhibit "G" an incorporated herein by reference. 2). THE CITY shall withhold and retain ten percent 0 0%) of the maximum allowable cost for each of the aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this Agreement and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit "G" and herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten percent (10%) as a lump sum payment to Contractor, upon receipt, review and approval of the La Quinta Museum Expansion. Contractor's obligations under the terms of this AGREEMENT shall be deemed discharged upon issuance of the final monthly payment. 3). Payment of Reimbursable. Reimbursable expenses shall be paid in full with every invoice. In no event shall Contractor be reimbursed for any expense related to the purchase and/or consumption of any alcoholic beverage. Costs related to reproduction, printing, and supplies shall be reimbursed on the basis of actual charges. H. Responsibilities of Contractor. In any month for which Contractor is entitled to payment,. Contractor shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following: • Submitted by or on the tenth day of the following month; • . Submitted in a format prescribed by THE CITY. • Submitted together with a monthly progress report. • Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.) or in a format approved by the City. I. _Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon approval by the Contract Officer, payment to Contractor shall be made as promptly as fiscal procedures permit, generally within 30 days. J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or contested shall be withheld from payment and the 1 g 1 undisputed portion shall be paid. Contractor'S failure to provide legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify Contractor in writing of the basis of the dispute or contest. K. Records. THE CITY shall have the right to review all books and records kept by Contractor and any sub -Contractors in connection with the operation and services performed under this Agreement. THE CITY shall withhold payment for any expenditure not substantiated by Contractor'S or sub -Contractors' books or records. Contractor shall ensure that such books and records are retained for a period of three (3) years after satisfaction of the terms of this Agreement and that THE CITY shall have reasonable access to said books and records. L. Task Budget Amendments; Obligation_ of Contractor. It shall be the responsibility of Contractor to notify THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the maximum allowable cost. Notice shall be given.to THE CITY within a reasonable amount of time of discovering the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to be completed and the Project Schedule. 4.0 PERFORMANCE SCHEDULE A. Schedule of Service: Contractor will perform services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" (also referred herein as the Project Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as the Project Schedule) attached hereto as Exhibit "B" 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 the Contractor, 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 the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. D. Term. Unless earlier terminated in accordance with Section 8.H 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 (Project Schedule) attached hereto as Exhibit "B' . 5.0 COORDINATION OF WORK' A. Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 1. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for THE CITY to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services .hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of THE CITY. 183 B. Contract Officer. The Contract Officer shall be the, City Manager or his designee of THE CITY. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by THE CITY to the Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the approval of the Contract Officer. C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for THE CITY to enter into this Agreement. Therefore, Contractor shall not contract with any other entity (other than those included in the Scope of Services) to perform in whole or in part the services required hereunder without the express written approval of THE 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 THE CITY. D. Independent Contractor. Neither THE CITY nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent Contractor of THE CITY and shall remain at all times as to THE CITY a wholly independent Contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of THE CITY. E. THE CITY Cooperation. THE CITY ishall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed which are reasonably available to THE CITY. THE CITY shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by Contractor hereunder. C-Kll INSURANCE, INDEMNIFICATION AND NDS. A. Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contract is negligent or wrongful acts or omissions, to the extent of the Contractor's ne ligence or wrongfulness, rising out of or related to Contractor's performance unde this Agreement. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to THE CITY. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither THE CITY nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE 184 CITY and its officers and employees as additional insureds as to the Contractor's liability hereunder shall be delivered to and approved by THE CITY prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify THE CITY, its Contractors or employees. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (personal injury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the aggregate $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence B. Indemnification. The Contractor shall defend, indemnify and hold harmless THE CITY, its officers, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by THE CITY) and for errors and omissions committed by Contractor, its officers; employees and agents, arising directly or indirectly out of or related to Contractor's negligent or wrongful performance and to the extent of the Contractor's negligent or wrongful performance under this Agreement, except to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers or employees. C. Performance Bond. (Not Applicable to this Agreement). D. Payment Bond. (Not Applicable to this Agreement). E. Remedies. In addition to any other remedies THE CITY may have, if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, at its sole option: 1). Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 2) . Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies THE. CITY may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. 7 Nothing herein contained shall be construed as limiting in any way the extent to 1 `� 12 which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subContractors' performance of work under this Agreement. 7.0 RECORDS AND REPORTS. A.. Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. B. Records. Contractor 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 principles. 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. C. 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 Contractor, its employees, subContractors and agents in the performance of this Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon. the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by THE CITY of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all sub -Contractors to assign to THE CITY any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify THE CITY for all damages suffered thereby. D. Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor 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, or if Contractor must use in defense of a claim. Contractor shall not disclose to any other private entity or person any information regarding the activities of THE CITY, except as required by law or as authorized by THE CITY. 8.0 ENFORCEMENT OF AGREEMENT. A. 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 Contractor covenants and agrees to submit to the personal jurisdiction 186 U13 of such court in the event of such action. B. 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, THE CITY may take such immediate action as. THE CITY deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H. C. Retention of Funds. THE CITY may withhold from any monies payable to Contractor sufficient funds to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE CITY due to the default of Contractor in the performance of the services required by this Agreement. D. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. THE CITY's consent or approval of any act by Contractor requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or approval of any subsequent act of Contractor. 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. E. 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. F. 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. G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement). i S"I H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.1 for termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor 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 Project Budget (Exhibit "E") or such as may be approved by the Contract Officer, except as provided in 8.C. I. Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.13, take over the work and prosecute the same. to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any payments to the Contractor for the purpose of set off or partial payment of the amounts owed THE CITY as previously stated in 8.C. J. 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. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. A. Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by THE CITY or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. B. Conflict of Interest. No officer or employee of THE 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. C. Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, g that there shall be no discrimination against or segregation of, any person or group i 615 of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor 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. 10.0 MISCELLANEOUS PROVISIONS A. Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to 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 10.A. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager To Contractor: Creative Contractors Eric Biddle P.O.Box 80784 Rancho Santa Margarita CA 92688-0784 (949) 858-5902 B. Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. C. 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. D. 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 effect 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. E. 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 183 016 stated below. CITY OF LA QUINTA, a California Charter and Municipal Government Dated: BY THOMAS P. GENOVESE, City Manager "CITY" ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: DAWN HONEYWELL, Uty Attorney Creative Contractors, a California corporation By: Name: Title: Dated: "Contractor" 190 EXHIBITS "A" Scope of Services "B" Project Schedule "C" List of Deliverables "D" List of Meetings "E" Project Budget "F" Hourly Rates "G" Project Milestones for Progress Payments �18 EXHIBIT "A" SCOPE OF SERVICES The City of La Quinta is providing design/build services for the Childcare Facility Playground Improvements, Project No. 2004-08. This will include the design, construction, construction management, materials and -appurtenance and inspection services during construction. The childcare facility playground improvements will likely include but may not be limited to: removal and disposal of old playground equipment; excavation of approximately 3,284 square feet of soil to twelve (12) inches; installation of approximately 202 linear feet of concrete border around swing area; installation of specified playground equipment, and installation of safety surfacing with slide/swing mats. The playground equipment includes: One playstructure to include four climbers, balcony with telescope, catwalk bridge and trippple slide; Accessible platforms Four unit arch swing with 8 foot top rail; One Freddy Firetruck One 3 way Speedy Speedway Spring Rider One Hill Boulder One Risk Management Sign Engineered Wood Product to 12 inches deep in all play areas including drain and slide/swing mats Manufacturer of this material is Playworld Systems (800) 669-2572. Site map is included. The project will meet current ADA requirements. All playground equipment will meet Consumer Product Safety Commission 1487-95 standards for manufacturing and installation. ' 127, 05/ 2004 14 : 46 '�''S55ti5555�5� PAGE 02 W mto cc _W co Juuzo W U~ �u zz a� w w C? W 0 U. w T ®omen r: 10 12f'05/2004 14:46 000000000000 PAGE 03 b'co C Q � N � U I 9 9 14 c c r: Exhibit "E" Project Budget Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed $57,332 (fifty seven thousand, three hundred thirty two dollars) except as specified in Section 1.6 - Additional Services of the Agreement. re 22 COST BREAKDOWN SHEET DESIGN/BUILD SERVICES FOR CHILDCARE FACILITY PLAYGROUND IMPROVEMENTS PROJECT NO. 2004-08 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED NO. PRICE 1 Removal and Disposal of Existing 1 LS Equipment 2 Excavation and removal of 1 LS approximately 3,284 square feet o�� material to 12 inches deep 3 Installation of approximately 202 linear border 1 LS C- feet of concrete 4 Playground Equipment by Playworld 1 LS a o Systems or approved equal. 40159 5 Installation of Playground Equipment 1 LS-4 4 f� 6 Protective Surfacing by Sof' Fall or 1 LS i approved equal 7 Installation of Protective Surfacing 1 LS TOTAL PROJECT COST (Items 1-7) Total. Project Cost in Figures: Total Project. Cost in words: hV-)(J rek-�v) I'� d -0 110Od �------�-- . f Signature of Bidder , �+ �� Name of Bidder (Ci - k, (, Telephone Number Contractor's License No. 2 1gU Exhibit "B" Project Schedule Contractor shall complete all services by April 1, 2005. SXOMMUNITY SERVICES\PROFESSIONAL SERVICE AGREEMENT\PROFESSIONAL 2 /� SERVICE AGREEMENT -YMCA PLAYGROUND..DOC `� 197 EXHIBIT "C" LIST OF DELIVERABLES Note: All written material will be in Word. All data, information, materials and work produced including final camera ready text, maps and graphics including all digital files will become the sole property of the City of La Quinta. S:\COMMUNITY SERVICES\PROFESSIONAL SERVICE AGREEMENT\PROFESSIONAL M SERVICE AGREEMENT -YMCA PLAYGROUND..DOC 198 EXH I BIT "D" LIST OF MEETINGS None anticipated for this project. SXOMMUNITY SERVICES\PROFESSIONAL SERVICE AGREEMENT\PROFESSIONAL SERVICE AGREEMENT -YMCA PLAYGROUND..DOC EXHIBIT "F" Hourly Rates This project is a design/build project therefore hourly rates do not apply. SXOMMUNITY SERVICES\PROFESSIONAL SERVICE AGREEMENT\PROFESSIONAL SERVICE AGREEMENT -YMCA PLAYGROUND..DOC Q EXHIBIT "G" Project Milestones Progress Payments Fifty percent of the project cost will be issued upon execution of the Professional Services Agreement with the remaining fifty percent of the project cost released upon acceptance of the project by the City. SXOMMUNITY SERVICES\PROFESSIONAL SERVICE AGREEMENT\PROFESSIONAL SERVICE AGREEMENT -YMCA PLAYGROUND..DOC T0 Sep 0 CV 4t4f 4 QaArla COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 29323-4, Esplanade, Lennar Homes of California, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 29323-4, Esplanade, Lennar Homes of California, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29323-4 is located north of Fred Waring Drive and west of Jefferson Street (Attachment 1). This residential development will consist of 91 lots on approximately 26 acres (Attachment 2) . On December 17, 2002, the City Council approved Tentative Tract Map No. 29323 Amendment #2. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects the associated securities and all signatures will be in place within the time allowed for its conditional approval. O j1 r 4,�.� City staff has prepared a Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 20, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 29323-4, Esplanade, Lennar Homes of California, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 29323-4, Esplanade, Lennar Homes of California, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Jo• 44� 12"1 lMoN�� uZlic thy R. ass , P. E. Wor Dire r/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 29323-4, ESPLANADE, LENNAR HOMES OF CALIFORNIA, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City, Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present they map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section' 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 29323-4 is conditionally approved provided the subdivider submits all required items on or before January 20, 2005. 3 -11 0W L! Resolution No. 2004- Tract Map No. 29323-4, Esplanade Adopted: December 21, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 20, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 4- Resolution No. 2004- Tract Map No. 29323-4, Esplanade Adopted: December 21, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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E E E 'E"C __-i Ej� ! l� �j� i 4-1 li, gi b C�1 ,E, EEll,�;�C'.11 � u,u i �ja i C' ] _•�rblriu��r�WWWWW��Ct�,Y��hlJ�ZEE' ZEN s ,j CITY of LA Q UIN TA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.29323-4 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LENNAR HOMES OF CALIFORNIA, INC a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or TRACT 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. 29323-4 (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"). r 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. 12 13 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 r 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 cant' 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 TRACT 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, TRACT map or waiver of TRACT 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 13 214 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 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost of 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, vranty 415 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. ComRIetion 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. 15 216 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 attomeys' 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. 111 n it 16 �. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Local Address Lennar Homes of California, Inc. 5000 Calle San Raphael, Suite C-5 Palm Springs, CA 92264 (760) 32J5-4289 Principal Address Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 B . '�T w , �• 3•V 1 V Date Title:CJ By: Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date Date 17 � . Exhibit A SECURITY — TRACT MAP NO.29323-4 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the 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 Grading $ 148,300 $ 148,300 Drainage $ 48,670 $ 48,670 Street Improvements $ 388,560 $ 388,560 Domestic Water $ 217,550 $ 217,550 Sanitary Sewer $ 165,300 $ 165,300 Dry Utilities $ 118,930 $ 118,930 Garden Wall 6' High $ 423,200 $ 423,200 Monumentation $ 13,650 $ Totals $ 1,524,200 $ 1,510,510 Standard 10% Contingency $ 152,400 $ 151,100 Total Construction Cost $ 1,676,600 $ 1,661,610 Professional Fees, Design 10% $ 167,700 $ 166,200 Professional Fees, Const 10% $ 167,700 $ 166,200 No Plans Contingency 25% $ 419,200 $ 415,400 Bond Amount $ 2,4319200 $ 21409,410 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a)4?� de, ss. On /� ..�,s before me, 'Ibif�i' Dete tq Neme end TO of OKlcer (e.g., 'Jane We, personally appeared r 4, And z i o7 e, , Name(:) of SOMIs) TjLa;;�.z CanekNon #E 141b042 RWwdde County My Comm. Expires May 2.2007 Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose names subscribed to the within in trument and acknowledged to me tha s executed the same in ' /her authorized capacity(,iesj, and that by W1q9Xh& signatureA on the instrument the person►', or the entity upon behalf of which the personm acted, executed the instrument. WITN S my hand and official seal. sWV"An of PLtk OPTIONAL Though the information below is not required by law, it may prm valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document C4-.5i4e, 1A,( Title or Type of Document: Document Date: �fj_�D,4 ��umber of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: V-P ❑ Individual Top of thuft here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Umited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 19N Natlonal Notary Association • 9350 De Soto Ave., P.O. Box 24M • Chafsworth, CA 91313-2402 • www.ralkmakataryorq Prod. No. 5907 Fleorder. Cell Toll -Free 1-80 4764W 090 19 �.4 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 29323-4 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Lennar Homes of California, Inc, a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract 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. 29323-4 (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. n n 20 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\ESPLANADE 29894-4\OFFSITE_SIA.doc 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 Tract 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, Tract map or waiver of Tract 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 21 c.i4� TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\ESPLANADE 29894-4\0FFSITE_SIA.d0c 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. 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, vYafranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\ESPLANADE 29894-4\OFFSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant. to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement.. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 23 n �� TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\ESPLANADE 29894-4\OFFSITE_SIA.doc L.. ti Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions. of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 24 TAPProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\ESPLANADE 29894-4\OFFSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Address: Lennar Homes of California, Inc 5000 Calle San Raphael, Suite C-5 Palm Springs, CA 92264 (7 0) 25 9 By: Trar6y. A. ibone December 9. 2004 Date Title: Vice —President By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date C)n�j (' FN C:%WINN'nTEMftotes6030C6\-3616707.doc 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6`& dam- ss. personally appeared LHN IIIALATON _ Corn idodm # 141 SM RNwstide Courdy wComm. bV vi W 2. 2007 Signer(s) ,-4qersonally known to me C ❑ proved to me on the basis of satisfactory evidence to be the person whose name subscribed to tife within instrument and acknowledged to me tha xecuted the same in NOF;e t authorized capacity(WS1, and tat by er hem signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNES my hand and official seal. Z; Signature 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 ✓��(." �a Title or Type of Document: C/i'T"- �i'�Ci�'r� x4lqlo�- Pages: / Document Date: �, umber of Signer(s) Other Than Named Above: 7hOWLI-5 6&n0 /Z Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual rTopof umb 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.nationafnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876.6827 021 Cd 26 Exhibit A OFF -SITE SECURITY TRACT MAP NO.29323-4 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the. Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor &materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description 8' Wide Meandering Sidewalk Traffic Signal (50% Bonded) Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount Performance Labor & Materials $ 68,400 $ 68,400 $ 60,000 $ 60,000 $ 128,400 $ 128,400 $ 12,840 $ 12,840 $ 141,240 $ 141,240 $ 14,120 $ 14,120 $ 14,120 $ 14,120 $ 35,310 $ 35,310 $ 204,790 $ 204,790 27 n TAProject Development Division0evelopment Projects%greements\SIA\SIAs in Progress\ESPLANADE 29894-4\OFFSITE_SIA.doc 4 � �ulHfw o� OF 9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Authorization for Overnight Travel for One Council Member to Attend the League of California Cities Revenue and Taxation Committee Meeting in Los Angeles, California to be held January 21, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: / 60* STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee Meeting to be held at the Radisson Hotel at the Los Angeles Airport in Los Angeles, California to be held January 21, 2005. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Travel $ 110 Hotel $ 100 Meals $ 7'5 Total $ 285 TOTAL (for one) $285 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01) . CHARTER CITY IMPLICATIONS: None. �a� BACKGROUND AND OVERVIEW: The League of California Cities Policy Committees meets four times each year. The first meeting of the Policy Committees is scheduled for January 20 and 21, 2005 at the Radisson Hotel at the Los Angeles Airport. The Revenue and Taxation Committee, on which Council Member Henderson sits, will be meeting January 21, 2005. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Revenue and Taxation Committee Meeting in Los Angeles, California to be held January 21, 2005; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, �tJ Terry De ringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. League of California Cities 2005 Policy Committee Schedule `. 3 0 ll LEAGUE OF CALIFORNIA CITIES ATTACHMENT 1 2005 POLICY COMMITTEE SCHEDULE Meetings generally begin at 10:00 a.m. and conclude by 3:00 p.m. Thursday, January 20, 2005 Community Services Employee Relations Housing, Community & Econ. Dev. Public Safety January 20 - 21_2005 Radisson Hotel, LAX Friday, January 21, 2005 Administrative Services Environmental Quality RmaP.ue,,,-a-nc01T0xa#q Transp., Communication & Public Works April 7 - 8, 2005 Doubletree Hotel, San Jose Airport Thursday, April 7, 2005 Community Services Employee Relations Housing, Community & Econ. Dev. Public Safety Friday, April 8, 2005 Administrative Services Environmental Quality Revenue -and. Taxation. Transp., Communication & Public Works June 23 - 24, 2005 Ontario Convention Center Thursday, June 23, 2005 Community Services Employee Relations Housing, Community & Econ. Dev. Public Safety Friday, June 24, 2005 Administrative Services Environmental Quality )Revenue anc Taxation Transp., Communication & Public Works Annual Conference °October 8 245 Sar rancisco (Policy Committee Meeting date to be determined) NOTE: Policy committee members should be aware that lunch is usually served at these meetings. The state's Fair Political Practices Commission takes the position that the value of the lunch should be reported on city olricials'statement of economic interests form. Because of the service you provide at these meetings, the League takes the position that the value of the lunch should be reported as income (in return for your service to the committee) as opposed to a gift (note that this is not income for state or federal income tax purposes just Political Reform Act reporting purposes). The League has been persistent, but unsuccessful, In attempting to change the FPPC's mind about this interpretation. As such, we feel we need to let you know about the issue so you can determine your course of action. . If you would prefer not to have to report the value of the lunches as income, we will let you know the amount so you carr reimburse the League. The lunches tend to run in the $18 to $28 range. To review a copy of the FPPC's most recent letter on this Issue, please go to the League's web site: www.cacitles.ora/FPPCletter. November 16, 2004 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Authorization for Overnight Travel for One Member of the City Council to Attend the League of California Cities Mayors and Council Members Academy Leadership Institute in Sacramento, California January 12, 13 and 14, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for one member of the City Council to attend the League of California Cities Mayors and Council Members Academy Leadership Institute in Sacramento, California to be held January 12, 13 and 14, 2005. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 495 Travel $ 300 Hotel $ 500 Meals $ 225 Total $1520 TOTAL (for one) $1520 Funds for this conference attendance are available in the Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities will be holding the Mayors and Council Members Academy Leadership Institute at the Hyatt Regency in Sacramento, California. The Institute will feature a variety of program sessions on topics such as fiduciary responsibilities, ethics, and policy role in land use planning. Council Member Osborne has expressed an interest in attending this meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for . one member of the City Council to attend the League of California Cities Mayors and Council Members Academy Leadership Institute in Sacramento, California to be held January 12, 13 and 14, 2005; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Terry D ringer, Manadiment Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities Mayors and Council Members Academy Leadership Institute ATTACHMENT 1 -00 Wednesday, January 12 - Friday January 14, 2005 Hyatt Regency, Sacramento You Will Want To Attend If You Are A... ➢ Mayor or Council Member, either newly elected or experienced ➢ City Manager or City Clerk in a non -manager city You Will Benefit From This Program By... ➢ Learning how to build and maintain the public's trust ➢ Learning the legal requirements and limitations on cities, determine conflicts of interest and city reporting requirements ➢ Developing a better understanding of your relationship with city manager, staff and commissions ➢ Discovering practical tips to avoid the pitfalls of predecessors ➢ Develop ways to advocate your city's interests before the Legislature ➢ Gaining a better understanding of your role in economic development and land use and how to deal effectively with the media ➢ Learning how to exercise your fiduciary responsibility for city resources, and what fiscal resources are available to your city ➢ and much more... Three ways to Register: -Register online at www.cacities.orga/, events -Fax the Registration Form Mail the Registration Form Those newly elected to the council will find this conference essential for success in office. K 4J4 Wednesday January 12, PLEASE NOTE: Session times, titles, and topics are subject to change. Registration Open 8: 00 am - 5: 00 pm Opening General Session Your Priorities and the Politically Possible 9: 30 -11: 00 am In this lively and interactive workshop, explore the wide range of perspectives that you will need to consider when working toward agreement for action, and get some tips on how to achieve that agreement. CityBooks Open 10: 00 am - 5: 00 pm General Session Effective Advocacy And Key City Issues 11: 15 am - 12:15 pm This session will provide practical skills to develop persuasive arguments and testimony that serve your city's interests. General Luncheon Your League And How To Use It 12:15 -1: 45 pm As a city official, you are the League, and its success, along with yours, depends on your involvement and leadership. This session will introduce the services of the League of California Cities, how you can access them, and how you can become involved for mutual benefit. General Session Relationship Between Council, City Manager and Staff 2: 00 - 3: 30 pm As an elected official, there are various competing and legitimate values that drive you and your colleagues. Your success on the council requires an effective relationship with your city manager and staff. Learn how to work together while respecting those diverse roles. Learn how to enhance these relationships so that each understands the other and is able to provide what the other needs to be successful. Leave with valuable and practical tips. General Session Your Financial Oversight Responsibilities - Introduction To Finance 3: 45 — 5:15 pm This session will cover your key responsibilities as elected officials in exercising fiduciary responsibilities. It will address such topics as the local government financial cycle, elected official financial oversight duties, the importance of structurally balanced budgets, tips on setting city council goals, the need for financial policies, avoiding micromanagement and complacency management and the four stages of fiscal meltdown. Legislative Reception — California History Museum 5: 30 — 8: 00 pm 1020 `O' Street at loth - within walking distance of the hotel Use this informal gathering to meet and chat with your legislator. Be sure you act now to extend a personal invitation to him or her to attend the reception at the California History Museum. Shuttle Service will run from 5:15 - 8:00 pm in front of the Hyatt Regency. 4 Thursday Yanuary13 2005' Registration Open 7.30 am. - 5: 00 pm Concurrent Breakfast Sessions Regional Division Forums - Building Your Local Network 7: 30 — 8: 45 am This is your chance to get acquainted with others from your regional division and to learn what are the issues of concern. CityBooks Open 8: 30 am - 5: 00 pm General Session How To Build and Maintain the Public's Trust: Practical Ethics And The Law 9: 00 —10: 30 am Your ability to lead in your community depends upon the extent to which the public trusts you and trusts your city as an institution. What are some questions that public officials can ask themselves when confronted with ethical dilemmas? What does the law require of you as a public servant? How can a conflict of interest arise? What tools and resources are available to you to deal with ethics issues? This session will answer these questions and more. General Session City Council And City Counsel - Attorney / Council Relationships 10: 45 -Noon As a council member, your city attorney is a valuable resource. Understand the attorney's role and limitations and how to start building a strong relationship, and how to obtain important legal advice that will help you make better decisions for your community. An interactive question and answer / open forum discussion will follow. General Luncheon From Surviving to Succeeding - Understanding Your New Role Noon. —1: 45 pm This luncheon session will cover personal experiences that will help you adjust to local public life, including balancing personal and professional demands with those of the office; what it takes to be successful; and the importance of working as a team even when disagreeing on issues. General Session Your Legal Powers and Obligations 2: 00 - 3:15 pm You were elected to make things happen in your city. Learn the sources of your powers as a city official, and the limitations on those powers. You will gain a basic understanding of the legal authorities and restrictions under which cities and city officials operate, including the Ralph M. Brown Act. General Session Employee Relations And The Council 3: 30 - 5: 00 pm As a member of your city council, you are in a top level, policy leadership position and hold the public's assets in trust. Given this fact, it is essential that you understand the role you have in setting policy for the single most expensive item in your budget: your personnel and benefits costs. Learn what you can do to exercise fair and appropriate oversight of these vial resources. Reception And Dinner El Circo - How To Conduct An Effective And Respectful Council Meeting 5: 00 - 6: 00 pm Reception 6: 00 - 9: 00 pm Dinner and Program Enjoy a skit depicting the wrong way and then the right way to conduct your city council meetings. Friday January 14, 200S� ------ Registration Open. 7: 30 -11: 00 am CityBooks Open 8: 30 am -1: 30 pm Concurrent Breakfast Sessions Avoiding Pitfalls Of Your Predecessors - Tips For Office Holders 7: 30 - 8: 45 am These sessions will explore some of the errors and pitfalls new officials can make before developing experience and knowledge. Instructive ideas will be followed by questions and answers, and discussion of the implications of actions. General Session Your Policy Role In Land Use Planning 9: 00 —11: 00 am Land use planning is one of the most important aspects of a city official's responsibilities. It involves the setting and implementation of the policies articulated in the city's general plan and its zoning code. Learn about tools and processes in land use planning such as the California Environmental Quality Act (CEQA). This knowledge will help you foster a solid working relationship with your city's planning commission and planning staff. General Session Intergovernmental Affairs: Your Role In The 'Bigger Picture' 11:15 am —Noon This session focuses on understanding how the intergovernmental relations system works; what motivates it; where you realistically are viewed in it; how you can act to be influential in it; what is ineffective (and even harmful); and how you can keep current and effective. General Luncheon New Leadership Roles For Elected Officials Noon —1:15 pm What are you going to do differently now that you are on the city council? As a leader in the community, respect is not learned but earned. A good leader is decisive and consistent. Find out how to develop your leadership skills while maintaining good relationship with your constituents. Closing General Session Succeeding With The Media 1: 30 - 3: 00 pm When the media calls for an interview, do you panic or prepare? Receive practical tips on overcoming panic and how to turn that nervousness into productive energy that will benefit your constituents, the media and you. These lessons apply with all media and will help you look like a leader. Adjourn 3: 00 pm Special Closing Speaker Arch Lustberg Coached participants for CBS 60 Minutes, Good Morning America, and other TV shows. Learn how to be better prepared and more successful with the media and appear as a leader 2005 Mayors and Council Members Academy Leadership Institute Wednesday, January 12 - Friday, January 14, 2005 Hyatt Regency Hotel, Sacramento, California Please enter your name and title, as they should appear on your name badge and registration. Please indicate guest/spouse's name if attending (if guest/spouse is not a public or city official). Complete one form per registrant. Confirmations will be mailed to the address designated below. ❑ Check here if newly elected within the last year. Address where confirmation is to be mailed Name Title City Zip Code Telephone Fax Your Email address may be used to send you educational and conference material in the future. Email for registrant Spouse /Guest Name REGISTRATION We invite you to register on-line by going to www.cacities.ore/events OR fill out this form completely and return it to the League of California Cities Full Conference 1-3 individuals @ $495.00/ea $ 4 or more @ $400.00/ea $ Total $ Registration fee includes access to two LeaguE-Campus programs — a $130 value! See General Information for details. Payment Information: Please note the League accepts only checks, Visa or Master Card as payment. If paying by credit card please fax your registration form to (916) 658-8220. If paying by check, please mail to: League of California Cities 1400 K Street Sacramento, California 95814 ❑Personal Check ❑City Check ❑ MasterCard ❑Visa Credit Card Payment Only Cardholder Name Credit Card Number Expiration Date Authorized Signature NOTE: All cancellations must be submitted in writing and are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Wednesday, January 5, 2005. Substitutions can be made even on site. HOTEL RESERVATION You must be registered for the meeting in order to make a hotel reservation. Arrival Date and Time ❑ AM ❑ PM Departure Date and Time ❑ AM ❑ PM Room Preferences: ❑ Non smoking room ❑ Handicapped access ❑ Single - King ❑ Double - 1 Bed ❑ Double - 2 Beds ❑ I will share a room with: Deposit Information: The hotel requires a deposit in the amount of the first night room rate. Housing forms received without a valid credit card or check deposit will be returned and will not be processed. (No cash deposits accepted.) Please make checks payable to: Hyatt Regency Hotel Deposits by credit card, require the following information: Cardholder Name Credit Card Number Expiration Date Authorized Signature Confirmation: If you do not receive a confirmation via e-mail, fax or mail within 14 days after any transaction, please contact the Hotel at (916) 443-1234. Cancellations: Hotel will refund the room deposit if the cancellation occurs on or before Friday, January 7, 2005. NIf you require special accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at (916) 658-8291. Registration Registrations postmarked by Friday, December 14, 2004, will receive a book of program materials, access to two LeaguE-Campus programs (a $130 value), two full breakfasts, three lunches, two receptions, and one dinner, and a $25 discount coupon to be used at the CityBooks bookstore. CityBooks can help increase your leadership skills and professional knowledge in vital areas. Don't miss this great way to expand and share your learning with colleagues at city hall! Full payment must accompany the registration form. The League accepts checks, Visa or MasterCard. If paying by credit card please fax your registration form to (916) 658-8220 or register online at wwwxacities.org/events. If you have questions, please contact Conference Registration at (916) 658-8291. Special Accommodations ® If you require special accommodations related to facility access, communication and/or diet, please contact Conference Registration at (916) 658-8291. Guest/Spouses There is no registration fee to attend the 2005 Leadership Academy sessions for guest/spouses who are not city or other public officials or vendors to cities. Guest/spouses of registered attendees may purchase meal or special event tickets for an additional fee at the registration desk. For information on local events within the city, please contact the hotel concierge desk or visit www.sacramentocvb.org or www.sacramenities.com Transportation We invite you to visit www.cacities.org/travel for the new Enhanced Local Government Airfare Program. Amtrak serves Sacramento and the hotel is about one mile from the depot. www.amtrak.com Directions From I-5, exit on J Street; take J Street to 15th Street; turn right to L Street; turn right to hotel entrance on right side of L Street between 14th and 12th Streets. From Business Route I-80 East, take 15th Street off ramp, continue straight to 16th Street; turn left to L Street; hotel is on right between 14th and 12th Streets. From the South on Highway 99, take Business Route 80 West; exit at 16th Street to L Street; turn left to hotel entrance on the right side of L Street. Hotel Hyatt Regency Sacramento 1208 L Street Sacramento, CA 95814 (916) 443-1234 $150.00 singleldouble (plus 12.00% hotel tax and$1.50 city tax) Valet parking $18.00/day; self -parking $12.00/day. Public parking is also available at 13th and J Streets. sacramento.hyatt.com You must be registered for the Leadership Institute in order to make a hotel reservation. The hotel will not process reservations sent directly to the hotel. They will be returned to the League for verification resulting in a delay that may cause you not to get your reservation at the advertised rate. Therefore, please complete the Registration/Hotel form and fax or mail it to the League of California Cities, or register on-line at www.cacities.org/events. The hotel will confirm your room reservation directly to you. LeaguE-Campus After completing the Registration/Hotel form for the conference please fill out the LeaguE- Campus Registration form. Upon receipt, you will be sent the access key to start the coursework. You may select two courses from the list available. If you are newly elected, these two are recommended: 1) Municipal Finance, and 2) The Roles and Responsibilities of Council Members. With the access key, visit www.caflforniacities.org to begin! If you have questions or problems, please contact Kanat Tibet at ktibet@cacities.org. COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31 123-1, La Cantera, Vista La Quinta Partners, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /91 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31 123-1, La Cantera, Vista La Quinta Partners, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31 123-1 is located west of Madison Street and north of Avenue 52 (Attachment 1). This residential development will consist of 44 lots on approximately 20 acres (Attachment 2). On May 6, 2003, the City Council approved Final Tentative Tract Map No. 31123. The developer has requested the City Council's approval of the Final Map. To date, the SIA (Attachment 3) has been executed by the developer and the associated securities have been received. The Final Map is technically. complete. 040 City staff has prepared a Resolution, which provides for approval of the Final Map and SIA. The approval is contingent upon a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and the associated securities. The City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31 123-1, La Cantera, Vista La Quinta Partners, LLC; or 2. Do not adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31 123-1, La Cantera, Vista La Quinta Partners, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothy ona s n, P. E. Public Works Director/ City Engineer Approved for submission by: w Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP APPROVAL OF TRACT MAP NO. 31123-1, LA CANTERA, VISTA LA QUINTA PARTNERS, LLC WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31123-1 is approved. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. 3 424� Resolution No. 2004- Tract Map No. 31123-1, La Cantera Adopted: December 21, 2004 Page 2 Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has. signed the map. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 �� ATTACHMENT 1 O O 0 F- O w w 0 0 O. w 00 zz U N O O 1t 1338iS NOSNOdr O 1 p toN J m = w W o W z z Z LLJ a > O a a a d U 13381S 308NOW a t� o O F Q c.� ti ? O 1dNb0 NVOI83M llb Ix a 10 13381S NOSIQdW �b 13381S NOSIOW4 i �bJ 0d08 tibJ/d, a S0131HS t. b ` N ■ s to ■ Q 13381S NOSb3333r w z }, O w 3 ? — `� Q = z j > z a Q > � a 5 � 4 J vb W W ATTACHMENT 2 O O } } fi�j hip a , i' 6 �p , alph CPU Y21 W ~ � Nk d) sLu se z` 114 a zN W J� u. 2 Ow Li �V m no �Q� N 4 Z ON u, CL MdoWN '.' 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Subdivider has prepared and filed a final map or Tract 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. 31123-1 (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. 10 � T;\Project Development Dimsian\Developmett Projects\Agreements\SIA\SIAs in Progressla Canters 31123\OFFSITE SIA 2.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form. specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' 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 Tract 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 specked 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, Tract map or waiver of Tract 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 c� submitted and for substitution of securities but shall not be required for submittal of warranty jv 11 �A eementslSIMSIAs in Progressll.a Canter 31123WFFSITE SIA 2.doc 2 of 7 T:�Project Development Division�0evelopment Projeds gr 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 3.8., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B., above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit. cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or. 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for c4 ` performance of work or provision of materials under the terms of the warranty, wat-gnty T:\Project Development Division0evelopment Projects\AgreementsWA\SIAs in Progress1a Cwtera_31121OFFSITE SIA 2.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or asset 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. 13 T:1Projeet Development DivisionlDevelopment Projects%Agreements1S1A%S1As in Progressla Canters 31123\OFFSfTE SIA 2.doc 4 of 7 Upon receipt of said request, the 'City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification.. Subdivider hereby binds itself, its officers, employees, agents, .representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one , or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided. in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the n heirs, executors, administrators, assigns, and successors of the parties hereto. J 14 T:Troject Development Division\Development Projec tMAgreements\SIMSIAs in ProgressU a Cantera_31121OFFSITE_SIA 2.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with . respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address Vista La Quinta Partners, LLC 1332 Anacapa Street, Ste. 200 Santa Barbara, CA 93101 Date Date Title: • .� By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date uaie Date 15 T-V"jed Development DivisionZeve OPMent Pr0JeetslAgreements1S1A1SIAs in PmgresslLa Canters 311231OFFSITE SIA 240C 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO: 31123-1 improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ .33,192 $ 33,192 Landscaping $ 162,000 $ 162,000 Block Walls $ 255,230 $ 255,230 Monumentation $ 15,000 $ - Totals $ 465,420 $ 450,420 Standard 10%.Contingencey $ 46,540 $ 45,040 Total Construction Cost $ 511,960 $ 495,460 Professional Fees, Design 5% $ 25,600 $ 24,770 Professional Fees, Const 10% $ 51,200 $ 24,770 No Plans Contingency 15% $ 76,790 $ 74,320 Bond Amount $ 665,550 $ 619,320 16 T:\Project Development DivisionOwdopment Pr jects\Agreements1S1kS1As in Progressla Cantera_311210FFSITE SIA 2.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of P,,Ven�J4. I OnNMJQ_before me, A, use Name and Title of Officer (e.g., 'Am Doe, Notary Public") personally appeared - A c.0-,_T� ��) of Signer(s) , tWdEM K.16 F_i LeCORMbdon # 1476584 Rkwdde Cairdy MyComrn. BOWMar 16.2= Opersonally known to me roved 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/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andofficipl seal,,,, r1l — Signature of Rotaiy 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 A Title or Type of Document:e(j�; � r pIn S-� g rev-un+ a,rn Document Date: Ivs[_1 0 1,-ZiCIA 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: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natbnalnotary.org Prod. No. 5907 Reorder: call Toll -Free 14M-876.6827 17 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31123-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this I r` . day of Noveb ---✓ , 20 y by and between VISTA LA QUINTA PARTNERS, 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 Tract 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. 31123-1 (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 attorneys fees, incurred by City in successfully enforcing the obligations thereby n J� secured. 18 T.\Pr*d Development Division0evelopment P \Agreernents\SIA\SIAs in Progresslla Cantera_311231ONSITE_SIA 2.doc 1 of 7 B. Improvement security shall conform to 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 Tract map for which the Improvements are required. The lien shall provide 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 specked 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 /o) 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, Tract map or waiver of Tract 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 19 T:\Projed Developmentme pivision0evelopment Projects\Agreents\SIA\SIAs in Progress\L.a Cantera_31123\ONSITE SIA 2.doc 2 of 7 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 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all 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, warrfty TVroject Development Division0evelopment Pm*tMAgreementS%SIA\SIAs in Progress\La Cantera 3112310NSITE SIA 2.doc 3 of 7 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 perm its shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements 'requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall .use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the- conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or. to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements.. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time, for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the 'time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final. approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor, setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the improvements by City, Subdivider shall submit a request for final approval by City: The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approva 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 n not previously submitted.. t, 21 TAProject Deleiopment Division0eveloixnent pr0jectsWgreementmS1A\S1As in Progressla Cantera_31123WNSRE_SIA 240C 4of7 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 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 attomeys' 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 `Gs heirs, executors, administrators, assigns, and successors of the parties hereto. 22 TAProject Development Division\Development ProjectMAgreementaASIMSIAs in Progress\La Cantera_31123WNSITE SIA 2.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees. from the non -prevailing Party F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address VISTA LA QUINTA PARTNERS, LLC 1332 ANACAPA STREET, STE. 200 SANTA BARBARA, CA 93101 Date r-- By. V JZ11 04�.- Date Title: 9 By: Date Title: Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date 23 T:TPrgj Development DivisionZeveloprrent Pro*ts Agreements%S1AXS1As in Progressta Cantera_31123ONSITE SIA 2.doc 6of7 Exhibit A ON -SITE SECURITY — TRACT MAP NO.31123-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 6,063 $ .6,063 Drainage $ 24,912 $ 24,912 Street Improvements $ 87,124 $ 87,124 Domestic Water $ 182,430 $ 182,430 Sanitary Sewer $ 20,726 $ 20,726 Electrical Utilities $ 145,060 $ 145,060 Monumentation $ - $ - Totals $ 466,310 $ 466,310 Standard 10% Contingencey $ 46,630 $ 46,630 Total Construction Cost $ 512,940 $ 512,940 Professional Fees, Design 5% $ 25,650 $ 25,650 Professional Fees, Const 10% $ 51,290 $ 51,290 No Plans Contingency 15% $ 76,940 $ 76,940 Bond Amount $ 6669820 $ 666,820 24 T:Troject Development Divisign0evelopment Projects%AgreementsOA1SIAs in Progress1a Cantera_3112MONSITE SIA 2.doc 7 of-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �"IL`JQ. ss. On W(V i O. 2 ) before me, &+—L9 Date Ns Ne of 4,e.g., 'Jane Doe, Notary Publicl �^ personally appeared � . 6rsjw r Name(s) of Signer(s) AMComn Co,.* �O t A �d► wwEnE �. w �o -01 2=; Coenmiwion # 1476M NokW Rabic - Caft tv mow. ❑ rsonally 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/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf. of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. j� L.-L 4Q� Signature of Notart 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: N CV tT_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9W) De Soto Ave., P.O. Box 24M • Chatsworth, CA 91313-2402 • www.rabonakiotary.org Prod. No. 5907 RIGHT THUMBPRINT OF SIGNER Reorder: Call Toll -Free 1-M476.6827 25 n `U 0000, v V.0 F I. *.'H(Otla.A7{11 OF T19 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Approval of an Appropriation for Clubhouse Inventory and Liquor License for SilverRock Resort RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / 9 STUDY SESSION: PUBLIC HEARING: Approve an appropriation of $140,000 from General Fund Reserves for pre -opening clubhouse inventory and procurement of a liquor license for SilverRock Resort. FISCAL IMPLICATIONS: The $140,000 appropriation will cover the following pre -opening costs, identified in Landmark's "Startup and Annual Business Plan" (Attachment 1 — Startup Golf FF&E Budget): Pro Shop Opening Inventory (shirts, golf balls, yardage books, etc.) $80,000 Food & Beverage Opening Inventory $15,000 Liquor License Fees $45,000 The funds will be appropriated from General Fund Reserves to the SilverRock Enterprise Fund. Sales of merchandise, food and beverage, and liquor at full retail within the SilverRock Retreat and Clubhouse will allow repayment to the General Fund; the remaining profit will be deposited into the SilverRock Enterprise Fund. Future replenishment of clubhouse inventory is included within Landmark's operating budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities such as SilverRock Resort. BACKGROUND AND OVERVIEW: The golf course management contract with Landmark Golf Management, Section 5.2.1 (d) (Attachment 2) provides that the City will fund the initial purchase of certain items to stock the clubhouse and to procure the liquor license for SilverRock Resort. These costs are itemized in the "Startup and Annual Business Plan" previously approved by the City Council on July 20, 2004. It is anticipated that these costs will be recouped through sales at the Clubhouse. It is proposed that General Fund Reserves be appropriated to front these costs. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an appropriation of $140,000 from General Fund Reserves for pre - opening clubhouse inventory and procurement of a liquor license for SilverRock Resort; or 2. Do not approve an appropriation of $140,000 from General Fund Reserves for pre -opening clubhouse inventory and procurement of a liquor license for SilverRock Resort; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Startup & Annual Business Plan, Startup Golf FF&E Budget 2. Golf Course Management Contract Section 5.2.1 (d) 2 ry ^ �, ATTACHMENT 1 SuverRock Resort - Startup Financial Business Plan June 2004 — June 2006 SitverRock Ranch RUN IRAIM 04« Estimated Pm -Opening Budget 2004 MA NAME: gmtmr.* Startup Golf FF&E Budgd PWAMBY: IAAW*CvWU lf=8§r NOevilmed 7fM Del" item No. TY ■��I��vYM • M• •�M Of Nests Pw chsq Esdmals Lease Eselm b TOW Esl►nuMe PWCINW Nobs Oct I Nov DOC Jan Bel Pfgaaa (5) 150 150 150 Litter Basla is (4) 350 350 350 Too Stoup, Markers, Rope . 1,000 11000 1,000 Copy Mats _ leased (1) 4,000 4,000 4,000 Fax Me&&* (1) 250 250 250 PC, Software & Prk W (1) 4,000 4,000 4,000 Security Safe and Change Sates (1) 5W 500 500 Drop Safe and Clarpe sales , 3,000 3,000 3,000 Office Furniture 3,5W 3,500 1,000 2,5W GoWSh8 Merdw dse Fbdrres & Counter Leased 0 $50 b e0,000 Pro Gea Mordmidise Opennirp inventory 801000 $0,000 801000 Hangers; 11000 1,000 1,000 vaaxmr 300 300 300 Pricing Equomt ; 300 300 300 Steamer 200 200 2W Ply Markers 200 200 200 Food t 8evaraos Pots, Pans, Ulimnsk Flatware & Smalwars ' 20,000 20,000 20,000 Kitdan EgAmient ????? Temp Cars 8 0 0 Sandwich Table Temp Cars Budget 0 0 F Temp CBS Budget 0 0 Rddgwdw Temp CNa Budget 0 0 Microwave Temp CRa Budget 0 0 Empbyae Lockers Temp Clhs Budget 0 0 Bar Refiigatom Temp Cis Budget 0 0 Bar Sink Temp Cfhs Budget 0 0 Nand Sink Temp Cla Budget 0 0 Prop TOW Temp Clhs Budget 0 0 ,doc Box Temp CRa Budget 0 0 Up" Storage Temp CNa Budget 0 0 Storage Shelves Temp CNa Budget 0 0 mop Slot Temp Clhs Budge 0 0 Trash Can Temp Cla Budget 0 0 Bar Top Temp Cbs; Budget 0 0 Menu Board Temp Ohm Budget 0 0 Byre Gri Temp Clhs Budget 0 Wire Shelving etc...... Temp Clhs Budget 0 0 Tables, oaks, barstools Temp Clha Budget 0 0 Banquet Tables and Chairs Temp Clhs Budget 0 0 Liquor License 45,000 45,000 Not sure ws can get? 45,000 Bar: vow Ile far $10,000 .� d,B Op�g Inventory 15,000 15,000 1 �� Clubhouse Signage I OW 1 000 1 4,000,1 TOW Clubhouse Coat 240,0001 411 $61000 1550 18,000 21500 51 850 65 651000 PdIPARSD BY: LANDMARK GOLF >A[Alf�rt�ddaiadGx'r 3 ATTACHMENT 2 5 • a . I invoices and all necessary supporting documentation. Manager shall deposit these payments in the Advance Account to be used to pay Golf Course Expenses. (c) With the prior written approval of the City Manager, which approval may be granted or withheld in the sole discretion of City Manager, Manager shall be reimbursed for those expenses incurred by Manager prior to the commencement of the Management Term which, in the opinion of the City Manager, would constitute Golf Course Expenses if they had been expended subsequent to the commencement of the Management Term. (d) The City shall directly pay suppliers for the initial Golf Pro Shop -:> Operating Inventory pursuant to acquisitions arranged and administered by Manager. Replenishment of the Golf Pro Shop Operating Inventory shall be included in the Annual Plan. 5.2.2 Payment of Management Fee. Manager shall.invoice the City on not less than a monthly basis for the Management Fee; provided, however, that such payment to Manager shall be paid in accordance with the terms of Section 4.1.1. 5.3 Remaining Funds. Upon the expiration or earlier termination of this Agreement, ' Manager shall repay the Advance, all amounts in the Advance Account, and any and all funds held in possession of Manager or its agents that are revenues of the Golf Course. After termination of this Agreement, and assuming no uncured breaches. exist, City shall pay to Manager any monies due Manager under this Agreement, but unpaid as of the date of termination, within ten (10) days after Manager delivers to the City Manager the final profit and loss statement. 5.4 Books and Records. Manager shall keep full and accurate books of account and such other records as are necessary to reflect the results of the operation of the Golf Course. For this purpose, City agrees it will make available to Manager, or Manager's representatives, all books. and records in City's possession relating to the Golf Course including contract documents, invoices and construction records. All books and records for the Golf Course shall be located either at the Golf Course or at Manager's corporate office. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in an accrual format. All such books, records, and reports shall be maintained separately from other facilities operated by Manager. Manager agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Golf Course and such controls shall provide checks and balances designed to protect the Golf Course, Manager, and City. The cash registers used by Manager shall be approved by the City Manager. - Manager shall maintain all financial and accounting books and records for a period of at least seven (7) years after the expiration or earlier termination of this Agreement, and City shall have the right to inspect and audit such books and records during such period as provided in Section 5.5 below. 5.5 Inspection. 119/015610-0074� 487989.07 a04/07/04 4 eep OF T19 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Consideration of an Appointment to the La Quinta Planning Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the appointment of one member to the La Quinta Planning Commission to fill an unexpired term ending July 1, 2006. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Planning Commissioner Ken Krieger submitted his resignation from the Planning Commission on November 7, 2004. At the direction of the City Council, staff placed advertisements in the Desert Sun on November 19, and 21, 2004. At the close of the application period on December 13, 2004 the following applications were submitted: • Edward L. Alderson - Attachment 1 a • Robert G. Cox - Attachment 1 b • James "Jim" Kemp - Attachment 1 c • Ken Napper - Attachment 1 d • Mark Douglas Weber - Attachment 1 e FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the appointment of one member to the La Quinta Planning Commission to fill an unexpired term ending July 1, 2006; or 2. Do not approve the appointment of one member to the La Quinta Planning Commission to fill an unexpired term ending July 1, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, E-01"F�r—eek,-_ Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 a. Application of Edward Alderson 1 b. Application of Robert G. Cox 1 c. Application of James "Jim" Kemp 1 d. Application of Ken Napper 1 e. Application of Mark Douglas Weber. Attachment 1 a. CITY OF LA QUINTA APPLICATION TO SERVE ON Date:.- b..o...N?.=2t 200 4 Ail Z y � LA QUINTA PLANNING COMMISSION NAME: Edward L. Alderson HOME ADDRESS: 78-479 Indigo Dr. La Qu i nta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 7 6-0 - 2 0 0- 3 7 8 3 EMAIL: betned@aol.com BUSINESS:760-771-1755 FAX: 760-771-0202 BUSINESS ADDRESS 78-370 Highway 111, La Qu i nta, CA 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, Construction Manager/Self Employed LENGTH OF RESIDENCE IN LA QUINTA: 3 1/2 years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Y e s Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Education: Santa Ana High School, Santa Ana, CA Junior College: College of the Desert, Palm Desert, CA 50 years - Eonstruction,Conttratt4on Management,Design Coordination for_Arcb5tectural, Engineering and Project Management in general. President to the Board of Directors for the Foundation to the•Retarde of the Desert, Member Home Owners Association/Palm Royale. Currently working with city staff all related. phases at Point Happy Commercial Centtr, Estates at Point Happy Ranch, NorthGate Crossing of Indio. K 4. APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. My involvemebt with Commissioners, Councils is not only La Quinta but most all valley communities has made me familiar with the functions and regulations and the proceedures of most. all areas of concern. Doing so as the Construction Manager for Madison Development located in'La Quinta What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? As much as our beautiful community i.s growing at an unprecidented pace, I feel that an eye to correct future expansion is paramount..We only have one chance to do it right. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? _1_. Exm�iance to Architectural design, site planning and 2. A strong background in public speaking and protocal. 3. Dealing with property owners and city staff,builders/developers successfully. In conclusion, I would like to be part of this cities exciting future. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 427 Attachment 1 b NAME: Date: DEC 10 P1 2: 42 CITY OF LAQUINTA IT;' r, :� APPLICATION TO SERVE ' 0w1�W '' C! ; . Tit ON i` LA QUINTA PLANNING COMMISSION G . Cox HOME ADDRESS: �� 1 1 (Must be a La Quinta re TELEPHONE: (HOME) `2loO- . - EMAIL: �-" G Q 7C - �=.'" p.. cn ,' BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER el /-6,4 A,� O-ql .67e. C� /V yd td �% 1// �-c.7 � "'� lam' t� �n�; A C 1 ident and eligible to vote in the City.) 1y2 BUSINESS: 760 - FAX: 7be -- `7 -7 AND POSITIONS YOU HOLD lVatre 46ie5:' I N4-rxe'0 4--e- e4A,)k_ LENGTH OF RESIDENCE IN LA QUINT HAVE YOU EVER ATTENDED A MEETING Biographical sketch, including education, ground. Please be sure to include experiences Lc f1 TZ�` n.; rPAJ A: &C) XqS OF THIS COMMISSION? Y/&_5 (work experience, civic involvement and other back- relevant to duties of the position you seek. �41 J> - eAfeleV&ek r�g w of v ceed ram. fi��/ "'�dzG /ri y lifll7 00if71 2ZE ew 6- /� q c �- ,�'�2 � 2 ,� �r ' ' � <�+ �1 z ;.,r,= .- . ,► m a.�.r& it s 40 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. --Vr�� Z:20 7-,�'©L, 4S Z1Af 3 Aef 4LS0 7-0 171,4!&' �jP441-*hrnekVAH` 7 0 770& Nam', S What specific issues or. problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? L- }•v1� 11�5 fs5 U s �' �"yl �r, �, ,C �� t fJ'S : /c'� �+� .v r� - ca7`i 6-ciV "4 4- t0Lf42 GU Q u "t) 4,b4Ae�.s,1 .�- 0/-- 7-6ties-E, What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? �9`' '�''D t�.cJ �'�'► Y' ��•rt1 ca �u L�-D 6�— c��" T�6', �'r T` �/, / rs' ��STI?',�Y,� i �✓ d vS � &I�%� i� #'er7O Y )E 0 0&rrP /,r3U -Ti p ,LJ TG 7-714E PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 9225.3 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 6 27 4 ROBERT G. COX 78315 Crestview Terrace La Quinta, CA. 92253 Home: (760) 345-2142 Cell: (760) 413-4955 rcoxl@dc.rr.com PROFESSIONAL EXPERIENCE: From To Job Classification and Duties 1995 Present Real Estate Broker 07/04 11/02 1995 6/97 12/87 Present Mortgage Loan Officer Canyon National Bank 12/03 Residential Loan Officer Downey Savings & Loan 11 /02 Mortgage Loan Consultant Accord Financial Services 6/98 Fire Chief San Andreas Fire Protection District San Andreas, CA 7/93 5/77 12/87 *Main objective was to update organization, administration and operations Fire Captain Cathedral City Fire Department Cathedral City, CA *Member of original team to organize and develop a new City Fire Department. Fire Captain California Department of Forestry/ Riv. Co. Fire Dept *Served as Division Training Officer, Liaison Officer with other agencies and program development. Served as station manager at various assignments and served on Management Team for wildland fire suppression as well as operations, administrative and public relations duties. 7 ot 4.75 SERVICE AND PROFESSIONAL ORGANIZATIONS: 1. California State Firefighters Association 2. Aircraft Owners and Pilots Association 3. American Legion 4. Past member — Rotary International and Elks Club 5. Past member — International Association of Fire Chiefs, California Fire Chiefs Association and California Association of Fire Districts. 6. California Department of Real Estate — Real Estate Broker License 7. Board Member - Riverside County Fair and National Date Festival 8. Board Member — Operation SafeHouse EDUCATION: Name/Location Course of study 1. Selma Union High School General Ed./College prep. Selma, CA 2. Fresno State University Business Administration Fresno, CA 3. College of the Desert Fire Science and EMT-1 A Palm Desert, CA 4. San Joaquin Delta College Fire Science Stockton, CA 5. California State Fire Marshal Fire Administration and California State Fire Training Management 6. The Realty Institute Real Estate San Bernardino, CA 7. The Computer Center Computer Operations Palm Desert, CA 8. Riverside Community College Fire Science . Riverside, CA Adjunct Instructor its REFERENCES: 1. ROY WILSON. Riverside County Supervisor Palm Desert, CA 760-863-8211 Fire Chief, Lakeside Fire Department Lakeside, CA 92040 619-390-2350 3. PAT MURPHY Fire Chief, Retired Murphys, CA 209-728-0356 4. KRISTAL GRANADOS Bank Manager Palm Desert, CA 760-408-0544 Attachment 1 c Date;., 2ooy 6 Ail] 10: 3 6 CITY OF LA QUINTA , .f -a . ,_ APPLICATION TO SERVE Y j ON MQUINTA PLANNING COMMISSION . , NAME: HOME ADDRESS: i1 (Must be a La Quinta resident and elijilfle to vote in the City.) TELEPHONE: (HOME) Shy- 0 ,Ze` BUSINESS: EMAIL: � ,cin�@1vt�.B.eDf t WEXXIye.�FAX: 7392 'BUSINESS ADDRESS _NS`0_ y0O rf'�.e.Syiv ..�.} wiw7;0f e-9i4 IF EMPLOYED; LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD lie LENGTH OF RESIDENCE IN LA QUINTA; HAVE YOU EVER -ATTENDED A MEETING OF THIS COMMISSION? 111a Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. `09 A N,44LA& ZE_ diva .e�iyo.W r oA �GZS/i�io�d G�'`= �EJi4��rSc- G� A�y �.t/ri .�i`irrZc aDieE�y�e ..Z' �iql� yet � ,c�it�c�aR2 A"A0A-1S zDA1 A9.4 &PWAAS 4WNP 41MAEX .t AAA.1.GEc�.r�lt /9/�eR!/A+�✓1'Y Jl��.t/, m yv., ryeA"r X Vb d/ ADi va. Ved.,y.�r,��s, ",10yX!/.E Wo►XrE0 i4/,<�421246rA Ar /1iCrrvrw lJi,wAy e,C, �'. 1 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission., �,4=ryE /¢iVs� /ice/.Vi+i¢/.tom iNE �/�Y:f dL�iV.c�'.4�GJ�ls�il.� LrJill/e!y /N�.�i _ S IQ�L//�w.►i.dib .fJl�w ♦9�o coi�� za.��w6. 1.�ws it•vy ®wiw/��s _ � .T��' ��irsir�w sya�ic v .�uso r> Tp "'7 , y e'ao wexe . What specific issues or. problems face the La Quinta Planning- Commission and do you have any suggestions to address those issues or problems? -"�ME �..,.« �1.uaw �.t� AA". .0f iO4,010 4A/,0 !,rs �d�y TO ./�,41MAZf/�/ �6liE.�.y �iyl F•vr' sfT ��ts1�P�'�ds� � .��v s i v .cam sv. 7i s: G�✓lYl �.c'w �a 4e- A4*w oocw/4 )OW O dote". 001/ j;:VA0-'0s r�O,v u�eoavc.y T e'Y SP�e/dav G I.fSU�"S �wy To . ir�X�caT✓ .�i�.+��.c�yir What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? Attanhmant 1 d ',z Date: / 7_ d Q4 DEC -a PM 3 �, � 1 T CITY LA QUINTA C F" ,. 41.r ION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: HOME ADDRESS: %yS. S ,Ud4&jaAjjo l .4&Vj V , ,a (Must be a La Quinta resident and eligible to vote in the City, TELEPHONE: (HOME) BUSINESS: 171,91j) 0 EMAIL: KNIV P& 0, jqb4. c4n FAX: &iq) 'w - �3 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 177,OA6PA) LENGTH OF RESIDENCE IN LA QUINTA: .��,2 5/, =- -q,0-5 . HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? V,915 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 6affic-b jz) -)Wc 40WC- �-',Oeia kLi4aZz-a ZYZa AW -7.-7, s7_ - /�! i /% l L 7% / / ! s Wwff / L � i1 /Ji. �. +:� / �/ :D/I �sin'l. iL • . OW1. 1,0 _Fii!_� /,�s Co- NAis or - r#e: i5:vcAurs < 64Nvitid f rr. 12 2:80 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. P'l-4'awlI �E �i qwv �IJ.I//r77D,U eF 'i�6F 1i.% #'WjC f I,&V i. S -,rt An-r- AC A..fl 4A vjc eAll 'rJ�It0J1FX-7a Z S ? TJ>7.►►C�71 i : , . ► sir „T.•C�MA ' C 47 YrA 'A111r 17,1=111,010w, WP7. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? pq�i��iil ligg -A7, 1, !111 11 _WAIN ' 1 . i� MAR'l r . What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? 17 :. i ter/ • ► ! •Fill . / i . J . �! _: 1 . . i.' i :.'IS M"" lill %i L U PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 13 1 D • December 13, 2004 CITY OF LA QUINTA DEC 13 P4 48 Q APPLICATION TO SERVE,- y w ,' ' r �, ' T A rrt ON LA QUINTA PLANNING COMMISSION NAME: Mark Douglas Weber HOME ADDRESS: 78795 Wakefield Circle, La Qui nta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 760.200.1098 BUSINESS: 760.427:8038 EMAIL: mdweber@iid.com FAX: 760.391.5999 BUSINESS ADDRESS 81-600 Avenue 58. La Qu i nta , CA. 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, IID Energy - Key Customer Representative LENGTH OF RESIDENCE IN LA QUINTA: Apprnx _ 6 month HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes. Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Experience, Education and Energy to do the job. As an elected Town Councilmember, an appointed Trustee of a 200+ bed HosgitAl, a volunteer on the Downtown Revitalization Assoc:-, or through my employment as a representative of the municipal utility working with developers and state and local governments; my volunteer work; prior work experience and current position have all required interfacing with all levels in various community planning capacities. Please see my attached resume for a full review of my experience, education and energy. 11 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. The planning commission -,-functions in an advisory capacity to the City Council, within the laws of the state and city ordinances. The commission works for the citizens of La Quinta considering new developments, designs and plans, reviewing and recommending actions by the Council. Basic parlimentary procedure and Robert's Rules of' -Order are followed to assure protection of the -'public's interest. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? Tremendous growth in the area and the need for consist, planned growth to properly address issues such as traffic congestion, maintaining views of existing properties, affordable housing, parks and green space, while still encouragJ new development opportunities for business. Need for active, well rounded commissioners with the energy, enthusiasm and positive attitude and commitment to serve;.the'citizens. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? I bring a well rounded background of community involvement with the specific planning experiences needed in a growing community such as ours. My prior work in elected, appointed, volunteer and work environments provide my a somewhat unique set of skills to work effectively with the general public, Cniinr_il and developers. Energy, enthusiasm. positive attitude and a commitment to the community should be demonstrated in past actions. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 8 g Mark D. Weber 78795 Wakefield Circle La Quinta, Califomia 92253 760.427.8038 (W) 760.200.1098 (H) mdweber@iid.com Life Objective: To be a valued member of successful teams, attaining challenging goals, in environments that foster personal and professional growth, aligned with team goals and objectives. PROFESSIONAL EXPERI ENCE III) Energy - Imperial Irrigation District La Quinta, CA KEY CUSTOMER REPRESENTATIVE - COACHELLA 2004 TO PRESENT Lead Key Customer Program in Coachella Valley - Develop and Implement Marketing Strategies with Key Customers - Develop and Implement Industrial Development Program Frequent contact with Key Customers regarding power operations, rates, regulations, energy efficiency, billing and load management - Participate in Special Company Events & Community Programs Department of Public Utilities City of Orangeburg, SC CUSTOMER RELATIONS SUPERVISOR 2002 TO 2004 - Supervised 10 employee Customer Service Department - Continued prior responsibilities as Key Accounts Representative KEY ACCOUNTS REPRESENTATIVE 1998 TO 2004 - Directed Key Accounts Program & Serviced Key Accounts - Negotiated and Administered Electric Contracts with Key Accounts - Developed and Implemented Marketing Strategies - Developed and Implemented Industrial Development Program - Lead Public Relations Activities and Media/Advertising Activities - Organized. and Lead Special Company Events & Community Programs - Member of Department Safety Team Raytheon Systems - Hughes Orangeburg, SC BUSINESS ANALYST 1990 TO 1.998 - Fiscal Contract Management for Three Major Product Lines - Developed Cost Estimates using Manufacturing Cost System - Negotiated and Administered Contracts Valued up to $10 M - Briefed all Levels of Management on Cost Performance - Performed Budget/Cost Analyses to Determine Current Performance - Performed Intemal Financial Audits to Verify Cost Projections - Coordinated. New Business Proposal Team Activities - Represented Company in Govemmental Audits and Fact Finding - Member of Company ISO 9002 Quality Audit Team 16 184 TRW Inc. - Space and Defense Redondo Beach, CA and Spartanburg, SC BUSINESS ANALYST 1985 TO 1990 - Site Business Manager. for $24M Savannah River Site Sub -Contract - Briefed Customer, Government & Management on Cost Performance - Performed Budget/Cost Analyses to Determine Current Performance - Analyzed Cost & Schedule Variances and Initiated Connective Actions - Supervised Overhead, Bid/Proposal & ResearctVNvelopment Budgets - Prepared Manpower, Sales, Financial and Salary Forecasts E D U C A T I O N Winthrop University - South Carolina MASTERS - BUSINESS ADMINISTRATION University of California, Los Angeles BACHELORS - PSYCHOLOGY, W/BUSINESS EMPHASIS Special Coursewor* UNIVERSITY OF CAMBRIDGE - LEYES COLLEGE - ARCHITECTURE, LITERATURE, HISTORY; UCLA EXTENSION - GOVERNMENT CONTRACTING; REAL ESTATE; GRANT WRITING; CONTRACT NEGOTIATIONS; MARKETING. ORGANIZATIONS / ACHIEVEMENTS MEMBER, LEADERSHIP COACHELLA VALLEY, CLASS OF 2005 COACH, AYSO LA QUINTA, PRESENT DIRECTOR, CITY OF COACHELLA CHAMBER OF COMMERCE, PRESENT MEMBER, ROTARY CLUB OF LA QUINTA, 2004 TO PRESENT MEMBER, ROTARY CLUB OF ORANGEBURG, 1998-2004 SERVED: DIRECTOR/SECRETARY, 2002-2004 MEMBER, KEY ACCOUNTS COMMITTEE OF APPA, 2000 TO PRESENT MEMBER, DOWNTOWN REVITALIZATION ASSOCIATION, 1998-2004 MEMBER, SC ECONOMIC DEVELOPMENT ASSOCIATION, 2001-2004 MEMBER, WATER ENVIRONMENT FEDERATION, 1998-2004 TRUSTEE, REGIONAL MEDICAL CENTER - ORANGEBURG,1998-2002; SERVED CHAIRMAN, STRATEGIC & FACILITY PLANNING COMMITTEE, 1999-2002;EXECUTIVE COMMITTEE; FINANCE; PERSONNEL & EMPLOYEE RELATIONS COMMITTEES DIRECTOR, ORANGEBURG COUNTY CHAMBER OF COMMERCE, 1999-2001 SERVED: VICE PRESIDENT, BUSINESS DEVELOPMENT, 1999-2000; COMMITTEE MEMBER, PUBLIC RELATIONS, 1998-2004; CHAIRMAN'S AWARD "FOR OUTSTANDING, UNSELFISH SERVICE", 1998; GRADUATE, LEADERSHIP ORANGEBURG COUNTY - CLASS OF 1997 CHAIRMAN, SOUTH CAROLINA "FESTIVAL OF ROSES" ROAD RACES - 2001 COUNCILMAN, TOWN OF CORDOVA, SC . ELECTED 1994, RE-ELECTED 1'998 DIRECTOR, MILLENNIUM HEALTHCARE NETWORK - 1998-2000 MEMBER, SC DHEC - INDOOR AIR QUALITY IN SCHOOLS COMMITTEE, 2000 CHAIRMAN, ORANGEBURG COUNT AMERICAN HEART WALK, 1999 CHAIRMAN, ORANGEBURG COUNTY COMMITTEE, SC PARKS, RECREATION AND TOURISM, NATIONAL HERITAGE CORRIDOR, 1998-2001 DIRECTOR, EDISTO DIXIE YOUTH SPORTS INC., 501 C-3, 1997-1999 FOUNDING PRESIDENT, UCLA CHAPTER -SIGMA PHI EPSILON, 1985 28517 Q2 1k," Im 4 W1WW11W AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 21, 2004 BUSINESS SESSION: ITEM TITLE: Consideration of Opening Schedule for SilverRock Resort CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize staff to work with Palmer Course Design Company (PCDC) to schedule a Grand Opening Event at SilverRock Resort. FISCAL IMPLICATIONS: None for this action. Mr. Palmer's participation in a Grand Opening Event is included within the previously approved contract for architectural services. Expenses for the event are included within the contract with McMurry Advertising. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Arnold Palmer Classic Course has been over seeded, but grow -in has been compromised to some degree by unseasonably cool temperatures. Staff had tentatively arranged for a Grand Opening and/or course dedication on January 17, 2005. Subsequently, however, due to the aforementioned weather and its potential impacts on the course's condition in mid -January (coupled with a very tight schedule for attenuate infrastructure and vertical construction), PCDC has recommended delaying the Grand Opening Event to better ensure that the experience is optimized for the media and attending public. McMurry Advertising agrees with this assessment. Accordingly, it is being recommended that the Grand Opening be delayed until mid - February or early March 2005. Landmark Golf Management Inc. believes there remains a good possibility that the golf course itself may be playable prior to March 2005 (perhaps as early as late January �8� 2005). It would be advantageous to the City to open the course as soon as it is playable (i.e., peak season revenue may reach up to $16,000 per day; expenses may approach $12,000 per day whether the course is open for play or not). Weather and continued progress on the clubhouse and supporting infrastructure will impact the opening schedule, and these factors may remain in flux right up until the final weeks before the course is deemed ready for play. Accordingly, staff would like to pursue a program that would be flexible to accommodate public play as soon as possible while re -scheduling the Grand Opening to a specified date that can be better guaranteed. Finally, with the above schedule, Landmark and staff believe there will be an opportunity, should the City Council concur, to allow limited access to the course by invitation only to selected vendors, media and contributing contractors for a "practice round/staff training day" prior to the course's formal opening. This day would serve to provide on -site training for golf course staff in preparation for normal revenue - generating operations, while at the same time thanking contributing contractors and vendors for their contributions to the project and allowing media representatives a sneak preview of the course. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to work with PCDC to schedule a Grand Opening Event at SilverRock Resort and authorize a "practice round/staff training day"; or 2. Do not authorize staff to schedule a Grand Opening Event or "practice round/staff training day"; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 287 COUNCIL/RDA MEETING DATE: December 21, 2004 Consideration of an Amendment to Title 2 of the La Quinta Charter and Municipal Code Amending Chapter 2.04 and Establishing a Waiver Process for City Appeal Fees RECOMMENDATION: A.) Motion to take up Ordinance No. reading. B.) Motion to introduce Ordinance No. FISCAL IMPLICATIONS: Unknown but projected to be minimal. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: 3- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive further on first reading. Although the waiver would apply to a fee associated with any appeal process that is established by the Municipal Code, it would most likely be utilized by individuals that have received administrative citations. Any recipient of an administrative citation may contest that there was a violation of the City Municipal Code or that he or she is the responsible party by requesting a hearing within 15 days of the issue date. A deposit equal to the full amount of the fine must accompany the request for the hearing. If it is found that the violation did not exist or that the person cited was not the responsible party, the deposit is returned to the appellant. Currently there is no provision to waive the aforementioned deposit for appellants who claim that they are financially unable to pay. The proposed Ordinance sets out objective criteria to allow the City Manager to waive the deposit for individuals who qualify. 288 Provided as Attachment 1 is an application for the waiver of City Appeal Fees. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A.) Motion to take up Ordinance No. further reading. B.) Motion to introduce Ordinance No. 2. Do not take up the Ordinance; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Dire for of Building & Safety by title and number only and waive on first reading; or Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Waiver of City Appeal Fees 089 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 2.04.115 RELATING TO APPLICATION FOR WAIVER OF CITY APPEAL FEES THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. 2.04.1 15 Waiver of appeal fees. A. The City Manager may waive the fee required for filing an appeal as set forth in Section 2.04.1 10 of this Chapter or in any other applicable city code section if the appellant meets the requirements of this section. B. The party seeking the fee waiver must be the real, and not nominal, party in interest, and shall' not be granted a waiver, if there are any interested parties financially capable of paying the fee. C. Subject to the limitations of subsection (B) of this section, waiver of the fee shall be granted by the City Manager if the applicant declares under penalty of perjury and the City Clerk determines that the applicant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and Institutions Code), or the Aid to Families with Dependent Children (AFDC) program (42 United States Code 601 through 644), or the Food Stamp program (7 United States Code 2011 through 2027) or Section 17000 of the Welfare and Institutions Code or the appellant declares under penalty of perjury that their monthly income is less than the current monthly poverty threshold annually established by the Community Services Administration pursuant to Section 625 of the Economic Opportunity Act of 1964, as amended. In order to be considered for the fee waiver, appellant must obtain from the City Manager and fully complete and submit an Application for Waiver of City Appeal Fees. The City Manager may require the appellant to furnish such financial information as the City Manager deems necessary to deem the application complete in order to make a decision. The decision of the City Manager on the fees waiver shall be final and conclusive and there shall be no appeal to a city body or official from said decision. D. An appellant desiring waiver of an appeal fee shall submit a fully completed Application for Waiver of City Appeal Fees at the same time as the appeal is filed. 490 3 Said appellant shall furnish within two working days, any additional information requested by the City Manager to substantiate the waiver request. If the information requested is not furnished within said two working days, the City Manager may deny the fee waiver request. After an appellant requests waiver of the appeal fee, the applicable dates or time periods for hearing the appeal shall be tolled until the City Manager decides the fee waiver request. SECTION 2. Any person who willfully provides the City Manager with false statements of material facts is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. SECTION 3. 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 at a regular meeting of the La Quinta City Council held on this day of , 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. Adopted: Page 4 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. Adopted: Page 19„ 5 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 City Council Resolution 98-109. 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, CMC, City Clerk City of La Quinta, California Ordinance No. Adopted: Page `33 0 APPt ICATI_; OR WAIVER OF CITY APPg& FEES Personal Information: T y 1 Name: Address: CitylStatealP Decision Appealed and, if issued, Citation No.: Information Ltekting to Regu�est for W,�i„ver= tl�lr�■��.�� ill ■ 1. Emnlovment: a. My occupation (specify): My employer and employer's address: b. My spouse's occupation (specify): My spouse's employer and employer's address: 2. Financial Assistance: ATTACHMENT 1 a. ❑ I am receiving Supplemental Security Income and State Supplemental payments Programs CaWORKs (please check if applicable). b. ❑ I am receiving Food Stamps (please check if applicable). c. ❑ I am receiving County Relief, General Relief or General Assistance (please check if applicable). 3. If you checked that you are receiving any form of financial assistance listed in Item 2 immediately above, you must complete one of the three questions below. Do not check more respond to more than one question. a. ❑ (Optional) My Medi-Cal number is (specify): b. ❑ (Optional) My social security number is (specify): [FealwW law does not require that you give your social security number: However, if you don't give your social security number, you must respond to question "c" below and attach documwnts to verify the benefits claimed in Neat 2 above.] c. ❑ I am attaching documents to verify receipt of the benefits claimed in Item 2. r/f you checked /tam 3 above, skip Items 4 and 5, and sign at the bottom of this page.] 4. ❑ My total monthly household income is less than the current monthly poverty threshold annually established by the Community Services Administration pursuant to Section 625 of the Economic Opportunity Act of 1964, as amended. tff you check this box, you must also complete the second page of this application.] 5. ❑ My income is not enough to pay for the common necessaries of life for me and the people in my family whom I support and also pay the appeal fees. [If yt u�u check this box, you must also complete the second page of this application.] 1 make eLrep-rese00299 set forth in this Application knowing that any person who willfully R[2vides the (Type or Print Name) (Signature) 294 7 ppellant: FINANCIAL INFORMATION 6. ❑ My pay changes considerably from month to month [if you 8. c. Cars, other vehicles, and boats (list make, year, fair check this box, each of the amounts reported in item 7 market value (FMV), and loan balance of: should be your average for the past 12 months]. Property FMV Loan Balance 7. MY MONTHLY INCOME (1 $ $ a. My gross monthly pay is: ............................. $ (2 $ $ b. My payroll deductions are (specify purpose and amount, (3 $ $ e.g. taxes, medical insurance, etc.) d. Real estate (list address, estimated fair market value (1 $ (FMV), and loan balance of each: (2 $ Property FMV Loan Balance (3 $ f 1 $----- $ (4 $ (2 $_ $ My TOTAL payroll deduction amount is:....... $ (3 $ $ c. My monthly take-home pay is e. Other personal property — jewelry, furniture, furs, stocks, (a. minus b.)............................................... $ bonds, etc. (list separately): d. Other money I get each month Is (specify source and --,—----i-- $ amount; include spousal support, child support, parental support, support from outside the home, scholarships, 9. My monthly expenses not already listed in item 9b above retirement or pensions, social security, disability, are the following: unemployment, military basic allowance for quarters a. Rent or house payment & maintenance.. $ (veterans payments, dividends, interest or royalty, trust b. Food and household ... $ income, annuities, net business income, net rental c. Utilities and telephone ........................... $ income, reimbursement of job -related expenses, and net d. Clothing ................................................ $ gambling or lottery winnings): e. Laundry and cleaning ............................ $ (1 $ f. Medical and dental payments ................ $ (2 $ g. Insurance (life, health, accident, etc.) ..... $ (3 -- $ h. School, child.care.................................. $ (4 $ i. Child, spousal support (prior marriage) .. $ The TOTAL amount of other money is: j. Transportation and auto expenses (If more space is needed, attach page labeled (insurance, gas, etc.) ........................... $ Attachment 7d.).......................................... $ k. Installment payments (specify purpose and amount): e. MY TOTAL MONTHLY INCOME IS (1 $ (c. plus d.).................................................. $ (2 $--_ f. Number of persons living in my home: (3 $� Below list all the persons living in your home, including The TOTAL amount of monthly installment your spouse, who depend in whole or in part on you for payments .............................................. $ support, or on whom you depend in whole or in part for 1. Amounts deducted due to wage assign - your support: ments and earnings withholding ............. $ Gross Monthly m. Other expenses (specify): Name. A,ge Relationship. Income (1 $ (� $ (2 $ (2 $ (3 (3 $ (4 $ (4 $ (5 $--r-- (5 $ The TOTAL amount of monthly The TOTAL amount of other money is: $ expenses is ........................................... $ (If more space is needed, attach page labeled n. MY TOTAL MONTHLY EXPENSES ARE Attachment 7f.) (add 9a. through 9m.) ............................ $ g. MY TOTAL GROSS MONTHLY HOUSEHOLD INCOME IS 10. Other facts that support this application are (describe usual (a. plus d. plus f.)........................................ $ medical needs, expenses for recent family emergencies, or 8. 1 own or have an interest in the following property: other unusual circumstances or expenses to help the court understand your budget If more space is needed, attach a. b. Cash ......................................................... $ Checking, savings, and credit union accounts (list) page labeled Attachment 10): (1 $ (2 $ (3 $ (4 $ 0�J 8 BUSINESS SESSION ITEM: 4 ORDINANCE NO. 410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 11.08.005 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO PUBLIC DRINKING AND LIQUOR POSSESSION .WHEREAS, construction of the first golf course at SilverRock Resort is nearing completion; and WHEREAS, in connection with the operation of the golf course, the City. wishes to allow the sale, possession, and consumption of alcohol on the golf course premises. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: .SECTION 1. That Section 11.08.005 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 11.08.005 Public drinking and liquor possession. A. A person shall not consume or possess any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the city limits. Possession shall include any alcoholic .beverage contained in any bottle, can, or other receptacle which: 1. Has been opened; 2. Has a seal broken; or 3. The contents of which have been partially removed. B.- A person shall not commit any act prohibited in subsection A of this section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the express or implied permission or invitation to do so from the owner or lessee or person in charge of the private property or business premises involved. 296 Ordinance No. 410 Amending § 11.08.005 - La Quinta Municipal Code Adopted: December 21, 2004 Page 2 C. Subsection A of this section shall not apply to consumption or possession of alcoholic beverages within the city limits if a permit, entitlement or permission has been issued by the city manager or city council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in subsection A of this section. Subsection A of this section shall not apply to any municipally owned golf course and clubhouse. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 ST day of December, 2004, -by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California J ►y Ordinance No. 410 Amending § 11.08.005 - La Quinta Municipal Code Adopted: December 21, 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 4� Ordinance No. 410 Amending § 11.08.005 - La Quinta Municipal Code Adopted: December 21, 2004 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) 1, 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. 410 which was introduced at a regular meeting on the 7" day of December, 2004, and was adopted at a regular meeting held on the 21' day of December, 2004, 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, CIVIC, 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, CIVIC, City Clerk City of La Quinta, California 4.99 BUSINESS SESSION ITEM: ORDINANCE NO. 411 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL 17/1 TO MEDIUM -HIGH RESIDENTIAL AND OFFICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL TO ALLOW CONSTRUCTION OF A SENIOR RETIREMENT COMMUNITY CASE NO. ZONE CHANGE 2003-112 PACIFIC RETIREMENT SERVICES AND WESTPORT LA QUINTA, L.P. The City Council of the City of La Quinta does ordain as follows: SECTION 1. The La Quinta Official Zoning Map is hereby amended by rezoning 14± acres located at the northeast corner of Washington Street and Avenue 50 from Low Density Residential 17/1 to Medium -High Residential and 7± acres located at the southeast corner of Washington Street and Avenue 50 from Office Commercial to Medium Density Residential. The property shown and depicted for such rezoning on the map is attached to, and made a part of this Ordinance. SECTION 2. ENVIRONMENTAL. The Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended and adopted in City Council Resolution 83-68), in that the Community Development Department conducted an Initial Study (EA 2003-470) and has determined that the proposed Zone Change will not have a significant adverse impact on the environment and therefore, the City Council has certified a Mitigated Negative Declaration of environmental impact. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by Resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 IT day of December, 2004, by the following vote: 3 () Ordinance No. 411 Zone Change 2003-112 Pacific retirement Services and Westport La Quinta L.P. Adopted: December 21, 2004 Page 2 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 3�1 - __- `.4g 49 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Discussion of the Relinquishment of Highway 1 1 1 within the City Limits RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Although $750,000 is the maximum figure the local Caltrans office is authorized to expend in relinquishing a portion of state highway to a local agency, the $750,000 figure should not be considered a negotiation goal that can be achieved by insisting that is the amount that must be paid. Caltrans has a procedure for calculating the relinquishment stipend. Caltrans determines the offer amount by reviewing the ongoing annual cost to maintain the highway including legal matters, and other operation costs, plus pending capital improvements planned for the subject segment in the next five years. Upon collecting the cost data, they review it and share it with the City. The relinquishment stipend they offer is essentially based on what they expect to spend in the next five years. Although it was not directly stated as follows, the net effect for Caltrans is they achieve a 5-year payback on their investment. The 5-year payback period may be negotiable considering today's interest rate climate; however, Mr. Syed Raza, Deputy District Director, did not divulge the strength of that aspect in their relinquishment policy in staff's preliminary discussion of the matter. The 2002 Measure A. ballot measure that voters approved extending the sales tax increase for another 20 years contained specific language directing local governments to expend some of the sales tax increment on 'improving traffic flow on Highway 111.if S:\CityMgr\STAFF REPORTS ONLY\12-21-04\S2 Hwy 111 Am According to Allyn Waggle, CVAG Executive Director, the intent of the new Measure A funding, which becomes available in 2008, is clearly eligible for maintenance expenditures on segments of Highway 1 1 1 that are under local control. The Executive Committee has not yet established any maintenance funding policies with respect to the regional arterial but is expected to, between now and 2008. CVAG is currently preparing for future maintenance responsibilities of the regional arterial system as evidenced by its purchase of pavement management software, and the pending Transportation Project Prioritization Study (TPPS) that CVAG will soon undertake. With Measure A maintenance funds beginning 2008, it is unclear how the City will fund maintenance expenses until then. If the Council directed staff to commence relinquishment negotiations with Caltrans as soon as possible, those negotiations most likely would take about six to nine months (i.e. late 2005). If the City receives a five- year stipend from Caltrans, those funds could be used to fund the maintenance on Highway 1 1 1 until the Measure A funds become available. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Pursuant to questions raised by City Council members regarding Caltrans procedures for relinquishing a state highway to a local agency, staff provides the following background information. Relinquishment as a Capital Project Caltrans considers relinquishment a "capital project" because there is an expenditure of capital funds on their part in conveying ownership of the highway from the state to the local agency. Mr. Raza says the Caltrans local district office is authorized to expend up to $750,000 from its own discretionary capital improvement budget without approval from Caltrans headquarters in Sacramento. If the relinquishment "project" is going to cost Caltrans more than $750,000 then the project must be placed on the State Transportation Improvement Program (STIP) and submitted to California Transportation Commission (CTC) for approval. Because of the current shortfall in state highway funds, Mr. Raza does not think the CTC will authorize any relinquishment projects in the next few years. Thus, if relinquishment is pursued in the next few years, the $750,000 figure should be considered the maximum allowable cap because approval of the project will have to occur at the Caltrans district level rather than at Caltrans headquarters and the CTC. S:\CityMgr\STAFF REPORTS ONLY\12-21-04\S2 Hwy 111.doc 2 ��IJ Stipend Parity with Other Valley Cities Caltrans has long desired to relinquish Highway 111 to the local agencies in the Coachella Valley. However, in doing so, they are cognizant of the fact there should be a reasonable degree of parity on a per mile basis in the relinquishment stipends they negotiate with each city. The parity issue is another aspect of their relinquishment policy that brings factual framing to the issue with respect to the relinquishment stipend. For example, La Quinta has only two (2) miles of state highway in its jurisdiction while Palm Springs has nearly thirteen (13) miles. Caltrans is mindful not to negotiate too high a figure with La Quinta, knowing they still have to deal with Palm Springs and other valley cities with larger highway segments in their jurisdiction. Benefits of Relinquishment The City currently experiences numerous operational issues with Highway 1 1 1 being under State control. Caltrans encroachment permits typically take between 6-12 months to process for frontage improvements to Highway 1 1 1. This is problematic for the continued commercial development on Highway 1 1 1. Signal maintenance is often slowed, particularly when it concerns signal coordination, by Caltrans San Bernardino based operations. Also, there are often compatibility problems between Caltrans and the City's signal equipment. This causes difficulty coordinating signals for streets that cross Highway 1 1 1. These issues could more easily be addressed with the City taking over maintenance of Highway 1 1 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to initiate preliminary negotiations with Caltrans and CVAG to better determine details of the State's relinquishment procedures; or 2. Do not have staff initiate preliminary negotiations with Caltrans and CVAG for the State's relinquishment of Highway 1 1 1; or 3. Provide staff with alternative direction. Respectfully submitted, moth . J sson, P.E. Public rks erector/City Engineer r 3 0 S:\CityMgr\STAFF REPORTS ONLY\12-21-04\S2 Hwy 111.doc 3 Approved for submission by: 0000061�� Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\12-21-04\S2 Hwy 11 1.doc 4 � U, +'� REPORT/INFORMATIONAL ITEM: �lo 4 a�w CULTURAL ARTS COMMISSION MINUTES November 11, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 11:03 a.m. in the Study Session Room of the La Quinta Civic Center. Vice Chairperson Brodsky presided over the meeting until the arrival of Chairperson Loudon at 1 1:05 a.m. Commissioner Lane led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Charlene Lane STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT- None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of October 14, 2004 B. Department Report for September 2004 C. Financial Report for October 2004 It was moved by Commissioners Reynolds/Lane to approve the Consent Calendar. 4-0-1, with Commissioner Lane abstaining as she was not present at the October meeting. Commissioner Gassman stated that the minutes from the September 27, 2004 Joint Meeting with the City Council did not reflect what she said and she did not appreciate .being misquoted. Staff stated that the minutes from September 27 were generated by the City Clerk's office and that Commissioner Gassman's comment would be forwarded to the City Clerk's office. Commissioner Loudon asked that all Cultural Arts Commissioners be 8 1� acknowledged at the Veteran's Day event. U Cultural Arts Commission Meeting Minutes Page 2. Commissioner Brodsky stated that the Berliner's name is misspelled in the minutes of October 14. Staff stated that the name will be corrected in the minutes prior to submittal to the City Council for approval. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Future Events and Entertainment: Commissioner Loudon asked for a vote as to whether the Commissioners would Like to host the "Concert Under the Stars" (Concert) without chairs, pursuant to the City Council's direction of September 27. The Commission agreed that chairs were not necessary. The Commission discussed the letter from the Berliners regarding their inability to perform on April 17, 2005 at the Concert. Commissioner Reynolds stated that they should be invited to play at the 2006 concert, as this would give them enough time to thoroughly prepare. Commissioner Brodsky stated that Mrs. Berliner represented they would be available on April 17, and the Commission granted everything the Berliners needed such as the performance amount, and extra funds for the technician and sound system. Commissioner Brodsky stated that Mrs. Berliner took the Commission's time and represented they were interested and then sent a letter stating they could not accommodate the Commission's request. Commissioner Brodsky recommended the Commission not use the Berliner's for future events. Commissioner Reynolds disagreed with Commissioner Brodsky, stating that she appreciated the Berliner's honesty and wanting to present a performance that they were comfortable with and needing more time to practice. Commissioner Gassman agreed with Commissioner Brodsky. She stated that Mrs. Berliner set the time, date, cost and then backed out. She felt that this was unprofessional. Commissioner Brodsky stated that he will not be available to attend the January 16 concert and asked if the Las Adelitas Mariachi could perform at the Concert in April. He suggested that the concert may be a "Cinco de Mayo" theme. Commissioner Reynolds stated the La Quinta Hotel offers a very successful Cinco de Mayo program and that we should not compete. Commissioner Brodsky stated that he did not feel that we'd be attracting the same audience. Cultural Arts Commission Meeting Minutes Page 3. Commissioner Lane asked how the concert series would be advertised. Staff reported that because of the pre -planning taking place now, the events could be advertised in the Community Services Department brochure that will be delivered to each residence in January for the months of January through May. Staff also stated that in the past, the City has mailed postcards to all residents reminding them of the events in addition to press releases. Staff mentioned that Mr. Marty Lipson had provided a proposal for the concert in April. The e-mail received from Mr. Lipson was provided for the Commission's review. Commissioner Loudon asked if staff had heard Mr. Lipson play, in which staff responded that Mr. Lipson is unknown to the City. Commissioner Loudon stated that staff should find out where Mr. Lipson is performing and listen to him. Commissioner Lane stated that she would like to host a theme concert and that we should provide chairs for the audience. Commissioner Gassman reminded Commissioner Lane that the City Council had requested no chairs be provided at the concert. The Commission discussed the concert for January in which the Jazz Band from Twentynine Palms Marine Base be invited along with the La Quinta High School Jazz Band. It was determined by the Commission that the concerts should be held on Saturday nights, from 6:30-8:00 on the Civic Center Campus. Due to weather and the need for equipment, the City Hall Courtyard and Senior Center will be used in addition to the amphitheater. Commissioner Loudon stated that she may be able to have a piano delivered and set up at the Senior Center for less than $1,200 which was quoted by Kathryn Hull. For the February concert, the Commission discussed who would perform and for how long. Commissioner Loudon discussed having a talented student from La Quinta High School perform instead of the young man that is sponsored by the Coachella Valley Arts Alliance. Commissioner Reynolds stated that the goal of the concert is to expose the community to music and we should offer the best. The Commission asked staff to work with Kathryn Hull to arrange for top quality performers for the February concert. The Commission asked for a comprehensive budget for the concert series. Staff stated that due to the limited time frame, the Commission's recommendation will need to be considered by the City Council at the December 7 meeting and the Commission does not meet again until U� 3 31.0 Cultural Arts Commission Meeting Minutes Page 4. December 9. The Commission directed staff to put together the program for City Council consideration at the December 7 meeting. The following schedule is being proposed for City Council consideration: January 15 Jazz bands from LQHS, College of the Desert and/or 29Palms Base February 19 Piano concert March No concert due to the Arts Festival April 16 Mr. Lipson arid Las Adelitas Mariachi May 21 Things on Strings Commissioner Loudon asked if more than cookies and punch could be served at the concerts, she would like to see appetizers offered along with coffee and tea. Commissioner Lane asked if a wine bar could be set up for the events. Commissioner Lane stated that she had met with Kathryn Huff of the Palm Springs Museum and the Museum would be willing to host a private tour of the museum, however, she stated that this would require transportation to the museum for residents. The event would consist of one hour of museum time and one hour of time in the education room in which participants could express themselves. Commissioner Lane stated that other communities host such events. Commissioner Loudon stated that the Steinway Society has been established in the Coachella Valley. It was moved by Commissioners Gassman/Brodsky to direct staff to prepare a program for City Council consideration at the December 7 meeting. Unanimous. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Berliner Letter VII. COMMISSIONER ITEMS A Attendance at Community Functions - Commissioner Gassman attended the La Quinta High School Homecoming football game, Embassy Suites art piece unveiling, Bighorn Sheep unveiling and two Umbrella Shows. Commissioner Reynolds stated that she attended all of the above excluding the football game. 311 Cultural Arts Commission Meeting Minutes Page 5. B. Commissioner Loudon stated that Artist Partnership Day was a huge success, with Commissioners Brodsky, Reynolds and Loudon giving the students a history of their past in the arts. XI. ADJOURNMENT It was moved by Commissioners Reynolds/Brodsky to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 12:35 PM. Su tteolby: DodieWrvitz, C6nimubity Services Director 310 REPORT/INFORMATIONAL ITEM: �7 4 COMMUNITY SERVICES COMMISSION MINUTES November S, 2004 I. CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner Vaughn led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Bob Leidner Commissioner Hackney Commissioner Tom Vaughn Commissioner Jack Fleck STAFF PRESENT: Dodie Horvitz, Community Services Director Therese Vella-Finorio, Secretary II. PUBLIC COMMENT -None III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of October 11, 2004 Minutes B. Monthly Department Report for September 2004 It was moved by Commissioners Hackney/Leidner to approve Monthly Department Report. Unanimous. V. PUBLIC HEARING - NONE VI. BUSINESS ITEMS A. Review of Programs - Director Horvitz stated the Commission's task is to review level of service the department provides (a copy of the Fall Brochure 313 Community Services Commission Minutes 2004 was included in the packet.) She said we are open to suggestions for new programs. Commissioner Hackney asked about the timing for providing new programs to go into the next brochure. Director Horvitz replied if it is an excursion, staff can quickly get the program put together. If it is for a class, the process is longer as we would need to find an instructor (through the college, high school, arts and crafts stores such as Michael's). If the Commissioners had something they would like to recommend for the next brochure, it will be going to the printer in the middle of December. Director Horvitz was confident we would have enough time to get new classes lined up. She indicated that if the class doesn't make the brochure, we also publish class information in the local newspaper and mail flyers to interested parties; however the brochure is the department's biggest marketing tool. We also have an interest list at the Senior Center for potential classes we would like to introduce. In this manner, we are able to determine if we have enough interest to move forward with a new the class. Director Horvitz stated we have plans for an excursion to the Museum of Tolerance in Los Angeles for the Spring Brochure 2005. Commissioner Leider commented how each time the brochure is published; he is impressed with the diversity of the programs the department provides. Commissioner Leidner asked if the programs and excursions are open only to La Quinta residents. Director Horvitz replied we do not have resident limitations with any of our programs and we advertise our programs to the entire Coachella Valley area through press releases. In the past, Commissioner St. Johns had been on the Algodones excursion and said it was a sell -out. Commissioner Hackney suggested excursions to the Hollywood Bowl and the Getty Museum. Director Horvitz stated we have had excursions to the Getty Museum, but the La Quinta Arts Foundation now offers those trips. She commented we hadn't tried the Hollywood Bowl, but could definitely look into it. She said we also had baseball and basketball game excursions, but haven't done football games. A staff member must attend every excursion we provide, and we have a limited staff to accomplish this. Commissioner Leidner asked if we are required to purchase tickets in advance. Director Horvitz replied we do have to pre -purchase tickets for excursions, and therefore need to be confident that the tickets will sell. One time we had tickets for the Angel baseball games, which we sold at our counter at reduced prices. Commissioner Vaughn suggested having local excursions such as to the McCallum Theater. Director Horvitz replied the McCallum Theater has had a performing arts program for high school 314 Community Services Commission Minutes students through the Desert Unified School District which the City sponsored. Commissioner Hackney asked if we have had excursions to the Mission Inn in Riverside. Director Horvitz replied the problem is we have to contract with a transportation company and it is more cost effective to do long trips instead of close -by excursions. Commissioner Hackney stated the programs the Community Services department puts together are wonderful, and as a three year resident he feels good as to how it works and participates in some classes at the Senior Center. Director, Horvitz said although we have a small staff, they are very dedicated to offering services. Commissioner St. Johns said the soccer field at La Quinta Park was filled on Saturday. Commissioner St. Johns asked if there is a shopping trip planned to South Coast Plaza for the spring. Director Horvitz said yes that is always a very popular excursion. Director Horvitz answered Commissioner Vaughn's question on local excursions saying in the past we had shopping trips to Cabazon. They were very popular however as transportation became easier we don't offer it any longer. Commissioner Fleck commented on the very popular VFW high school ROTC and Voice of Democracy student programs. His thoughts were to have the City sponsor essay contests for holidays such as Memorial Day and Fourth of July. Winners would be presented their prizes at the celebration and have the essays published in the Desert Sun newspaper. He believes students would respond, as they like to be challenged. Commission Fleck indicated he felt we have some very motivated teachers and counselors. Director Horvitz said Rotary and Lions clubs presently have essay programs. Commissioner Fleck stated over $750,000 in scholarships were granted to high school students last May. Director Horvitz said one of the City's philosophies is if there is a need presently being met we do not want to compete with it but rather to find a niche that is not being filled. Commissioner Vaughn suggested having the essay contest at 4th of July celebration. Commissioner St. Johns suggested it be held with the City's annual birthday celebration to which Commissioner Hackney agreed. Director Horvitz said because of the many events going on in the Valley for the 4th of July we don't do an event at that time, but perhaps we could do one for the Veteran's event on November 1 1 th. Commissioner St. Johns attended the La Quinta tailgate party put on by staff. She felt it was very well received. Commissioner Leidner asked how .3A5 Community Services Commission Minutes the department tracks people coming back to take our classes being offered. Director Horvitz said we have a lot of people who are repeats as well as new customers. Commissioner Hackney asked to focus on the programs at the Senior Center. His intention was to talk to Marilyn Smith to understand how the Senior Center works on a day in and day out basis. She was going to meet with him, but she called to say she couldn't meet. Director Horvitz said Marilyn Smith is out of the office and will return in several more weeks. She said she could invite Robert Ambriz, Jr., who is filing in at the Senior Center, to attend the December commission meeting so all the Commissioners would get an understanding of the Senior Center. Commissioner Hackney said he would prefer to meet with Robert Ambriz informally. Commissioner St. Johns said that since we have two new commissioners, she also felt it would be worthwhile for Robert Ambriz to attend the next commission meeting. Commissioner Leidner said he would also like to see work in progress as well and have the Commissioners attend who would like to do so. Commissioner Hackney said he would be happy to, but still wanted to meet with Ms. Smith and directed staff to "make it happen". Director Horvitz stated we are very short staffed at the present and would like to wait until first of year because Robert is presently carrying out both positions. She asked if Commissioners would like to have Senior Center information at the December meeting -in order to have all the Commissioners informed and not have only one Commissioner with the information. Director Horvitz felt it would be beneficial to the entire Commission to know what is going on. Commissioner St. Johns asked if anyone else has any requests for programs. Commissioners Leidner/Vaughn motioned this should be an ongoing process to bring new programs to the table as they come up. Unanimous Commissioner Fleck commented on the community calendar in the Desert Sun newspaper which daily publishes information on local events and programs. He finds it to be a good source for information. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. New Commissioner Appointment 3.16 Community Services Commission Minutes Commissioner St. Johns introduced and welcomed Commissioner Fleck. She said we are very grateful he has joined the Commission; he has a very impressive resume and she asked how he decided to join. Commissioner Hackney said he suggested Commissioner Fleck apply because he was someone who in his judgment would like to support the community. At the City Council meeting on Tuesday evening when Commissioner Fleck accepted the appointment, he told the council members it was important for him to give back to the community. He is interested in community service and particularly in kids. Director Horvitz spoke about the Youth Workshop report the Commissioners asked for at the last meeting. Commissioner St. Johns asked if there were any questions. Commissioner Hackney asked what could be distilled out of the report to make the program more responsive, how do we do things better in this regards? We have a great Youth Workshop program and how do we do it just a little bit better next time? Commissioner St. Johns said it was the kids who suggested having an annual City birthday party, which was a great idea. Director Horvitz recommended speaking with ASB advisor Mr. Armenta who is new to the ASB and he seemed to have been overwhelmed with the tasks he had at the beginning of the school year and it wasn't a good time to approach him with this because he had the homecoming and was trying to establish himself. Director Horvitz recommended staff meet with him to explain the history and goal of the program, perhaps not have the meeting at 7:00 a.m. or at lunch time, because that seems to be a rushed period of time as well. Perhaps we can find another time in which the students can get a little bit of a head start thinking what the City could do for them as far as a City-wide program. What happened in this program last meeting was the students were thinking what the City could do to help them at their school. We need to expand their thought process as to what the City can do for them as residents of the City, not just as students at La Quinta High School. Working with the ASB advisor and getting him more familiar with what our goal is would be the first step before we involve the students in it. Commissioner Leidner asked if it would be appropriate to invite the students to this forum. We would at least invite the students and the ASB advisor and ask them to participate and tell us what they would like to see. Those who would show up would obviously come because they would want to participate. Director Horvitz asked if the Commissioners would like to see 317 Community Services Commission Minutes this as a one time event or would you want us to promote the Community Service Commission meetings for them so they know this forum is available to them? Commissioner Leidner suggested a one time event to see what kind of participation especially when we are inviting the ASB. Commissioner Vaughn agreed and said we'll see what response we get. Commissioner Fleck said it would be good if they had an advisor to back them. Director Horvitz stated in the past that was what we did and that was how the whole thing got started the students would come to a formal commission meeting. So if we would like to go back to that format and see if we can regenerate some interest. Commissioner St. Johns said one of the issues always with students, depending upon the age was the 11 th and 121h graders can drive but sometimes the younger students can't. Depending upon how the Commission feels about it, she could transport the students. Director Horvitz said the Commission also has the availability of using a facility and we have had meetings at parks before. We could go where they are instead of asking them to come to us. If we wanted to host a meeting at La Quinta Park we could do that , or two meetings one at La Quinta Park and one at Fritz Burns Park so those that had transportation issues from the Cove, we could meet there. There are many opportunities for the Commission to expand out of this room. Commissioner Leidner said the novelty of hosting a meeting at the Council Chambers might attract students who otherwise may not participate. Commissioner St. Johns liked the idea of one time and see what happens. Commissioner Hackney asked if there was any desires on staff's part to have a Commissioner participate in the next step to meet with the advisor or leave that to staff. Director Horvitz said she believed staff could handle that. If the Commission would like to appoint someone to attend the ASB meeting we can do that, if that is the desire of the Commission. Commissioner Hackney asked when the next meeting is. Director Horvitz stated that no meeting has been established as of this date. In the past when we first started at the high school they were the third Thursday of every month on a regular meeting date and the students knew those date. But we now have a new advisor and we haven't been able to make that commitment with him yet. Discussion on the school schedule and holidays, Commissioner Leidner asked if the second Monday of the month would be good. Commissioner St. Johns said our next meeting is on December 131h, and the students are in school that weep and it is their last week before break, with the semester over January 28th. Commissioner Hackney suggested inviting them to the Community Services Commission Minutes meeting on January 101h, which would be far enough in advance for everyone. Commissioner St. Johns said the students would be back in school by then. Director Horvitz said what we will do is we will target all the special groups at the school, some advisors are good at giving extra credit if the students attend these meetings, so we will target all the groups as well as the general population. Commissioner Vaughn suggested sending out a formal invitation on City letterhead which the Commissioners could sign. Director Horvitz stated the Commission can write the letter or staff can write the letter for the Commission, and it would have the chairperson's signature and we would send it out. That is what we do for the Annual Picnic. We provide the letter and then Commissioner St. Johns signs 7,000 letters. Director Horvitz asked if the Commissioners would like staff to draft the letters for the chairperson's signature. The Commissioners agreed. Commissioner Hackney said to define the concept of what the students in the workshop would like to see the City doing, the basic interaction of students with City government, and, overlay with the implication of the programs, and how do we make this interaction improve the students involvement. Director Horvitz commented that at one time we had a "report card" where we listed all the things the students asked us to do, and we graded ourselves as to how we were able to accomplish those tasks. Commissioner St. Johns said that we did pretty well overall, the Annual Birthday party, sex education, all the things they asked for. Director Horvitz stated in the past the students brought up very good ideas such as how to do a street name petition, the planning department and public work also worked with them, they had concerns about street signs in the Cove, so we addressed those issues; they had a concern for the lack of affordable restaurants in the community and we were able to let them know what things were planned for the community. Director Horvitz said they have very specific things they would like to see in their community. She will also invite the Planning Department to attend with all their approved projects which the students haven't seen developed yet so they will know what we have coming into the City. Commissioner St. Johns said it was actually the students who went to the City regarding the two signals in the Cove because of students who were hit after they got off the bus. Commissioner Vaughn said one of our goals is to improve the involvement of young people in government. We could establish a "report card" and then perhaps establish another meeting date in May 319 Community Services Commission Minutes where we invite the students to come back to check the "report card" and see how well we did so that we have some continuing involvement instead of just dropping it at that time. Director Horvitz recapped that on January 10t", the Community Services Commission will host a Youth Workshop. Director Horvitz was asked to provide an organizational chart with a breakdown of what each department does - that would be a very good tool for a lot of people who come to City Hall. VIII. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended: Commissioner Leidner was out of the country so he didn't attend any events. He stated he received a newsletter from CPRS addressed to commissioners and board members and wanted to know if anyone is familiar with the organization and if it is worthwhile investigating it. Director Horvitz replied that is one of the organizations the City belongs to and it is an organization of commissioners and board members that reports on items that would be interest to them. Commissioner Leidner asked if the City could order publications. Staff stated if you let us know which publications you would like we can get them ordered. Commissioner St. Johns also stated that a magazine is also sent out. There is also a conference in March as well. Commissioner St. Johns said the information in the newsletter, publications and magazine are invaluable. Director Horvitz informed the new commissioners that it takes a few months for the membership to change from one to another, but as a commissioner you are enrolled in CPRS. Commissioner St. Johns attended the Riverside County Drug and Alcohol meeting, and AB1796 she had previously brought up at the Commission meeting has now passed into law enabling individuals who have alcohol and drug offenses to receive food stamps which could go to recovery programs, and they receive the food stamps as do other individuals who have broken the law and are now excluded from the program. Commissioner Vaughn was gone on vacation during the first part of October but got back in time to attend the Skate Park Coalition meeting. He found it very educational, and there were approximately 20 to 25 people in attendance. It enlightened him as to how popular skateboarding is, and there was a great deal of discussion regarding the liability associated with that activity for the various cities and municipalities; discussion regarding 3''�J Community Services Commission Minutes design; and problems arising when building a skate park and bicyclers want to use it. There was discussion on how the cities are handling that conflict and the liability part of it. One of the ways they have found to reduce liability is to post signs what the rules are, and to make the signs as few and concise as possible. He said the City is doing the community a favor by being proactive with the skate park system because if we don't the alternative for the children to skate would be for them to skate wherever they find the space to do so. Director Horvitz commented that the Joint Powers Insurance Authority representative also attended the skate, park meeting and there was talk about the BMX and his take on it is BMX'rs are getting with the program as to what the skateboards did in order to get legislation passed. Staff has been telling their Senators and Assembly people to let them know, and now there is a statewide interest in getting the legislation passed to allow them to use the facility. Commissioner St. Johns said she understands by the City having signs posted it reduces their liability and puts the responsibility back on the people using it. Director Horvitz added that the kids who use the park are repeat users, which is a good thing to know as they are going to a place which is safe for them to skate and they have developed friendships with other kids as well. Commissioner Hackney apologized that he showed up for the Skate Park meeting at the wrong time and had double booked something so he couldn't attend. Director Fleck said he does a lot of interaction with the VFW Post 855 and they meet at the Senior Center on the first Wednesday of the month. They are sponsoring a pancake breakfast on November 20 for the ROTC scholarship fund. They provide scholarships for the outstanding male and female graduating cadets. It also supports the California Cadet Corps Summer Camp, which focuses on the east Valley - Indio/Coachella area. In the last two years, they have sponsored ten students each year. Commissioner St. Johns said she has seen the students after they've attended the camp, and the kids just love it. Commissioner Fleck said in late March they have a second fund raiser "Spaghetti Bust Out" which again goes to help the scholarship fund for the cadets and camp fund. The Junior ROTC and California Cadet Corps have a major impact on the students' lives, and he enjoys his work with these organizations. Many of the students go on to join the military which enables them to attain college educations. C 9 -L, I Community Services Commission Minutes Commissioner Hackney said his report pertains to Director Horvitz and the Senior Center because he uses the facility with some regularity. There was an issue that was developing around the different bridge groups. He had an opportunity to discuss it with Director Horvitz and it appears she already had it resolved. Director Horvitz stated we have a duplicate bridge program at the Senior Center. She said there are three ways to use a public facility: 1) a City sponsored event such as our special events that we put on; 2) a facility rental where people come in and pay an established fee and use the facility for their function; 3► contract class instructors in which the instructors enter into a contract with us and they agree to certain conditions, and the City takes a certain percentage of the program which offsets the operations of the Senior Center, advertisement of the programs and various costs associated with that. The duplicate bridge program was using the Senior Center without fitting into one of those three categories — they were not a City sponsored event, they were not paying the established rental fees, and they were not under contract. Basically, they were coming in and using the facility, giving us what they wanted to give us and then walking out. We had no coverage with them as we had no contract with them. We needed to get them under contract and we when we suggested that, it upset the apple cart as they didn't want to be under contract. The concern continues as they are extremely upset that they must follow the process that has been established. Commissioner Hackney had heard that we were chasing duplicate bridge out and we were imposing fees upon them. Director Horvitz stated that we are trying to get them in line with the City policy and although we are working with them, it hasn't stopped because they are not content. We are delicately working with their organization. The City's philosophy is that we would like them to continue to use the Senior Center, however, if we cannot meet their needs, and they need to go to a different facility, we understand, but we have to follow our process and have some kind of contract with them. We are inviting 50 to 100 people a day into our Senior Center with no waivers or contracts, which puts the City at great risk. Commissioner Leidner asked if we are close to a resolution on this issue. Director Horvitz said we are still working on it. Commissioner Hackney said this was different information from what he had received through his telephone conversation with Director Horvitz. He said they had clearly differentiated between the established duplicate bridge games that had been 9r) Community Services Commission Minutes going on in the Senior Center for eons, and what Director Horvitz now described as a group that was renting space in issue from the bridge people. Director Horvitz clarified that was the party bridge. He said the rumors and emotions that were worked about wasn't about somebody getting a contract rather it was about the fact that the people who were acting as directors for the duplicate bridge on Thursday and Friday were going to be charged an entry fee if they played. He said that normally the director of duplicate bridge does a lot of work to get things ready so people can play, and frequently will act as a partner for someone who walks in the door without a partner to play. To them it sounded like a dispute over $3. to $6. a day for directors. Director Horvitz stated that never was an issue; that was the rumor. Commissioner Hackney said that was the kind of thing we needed to get our arms around, because probably anywhere from 50 to 100 people use the facility for duplicate bridge on a weekly basis, and most of them are senior .citizens, and if they've gotten the wrong ideas, we need to get them the right ideas. Director Horvitz said that was the issue with the contract, they felt that there was some talk that the coordinators would have to pay the $3 to play bridge, but that never was the issue. That issue has gone by the wayside. However we had a group of people who were occasionally dropping which for lack of a better term it was party bridge. They weren't really serious bridge players they didn't have a set time, it wasn't advertised in the brochure, and they'd just pop in, use the center and go away. We had to get them under an umbrella to use the facility, and that created difficulty as well. Commissioner Hackney asked if they are now under the umbrella, to which Director Horvitz replied we are working on it. Director Horvitz said it is difficult because there is a perception that public facilities should be free for everyone to use, but unfortunately we have policies for established fees, we offer free events, but we do need people to sign the waivers to cover us. We want to offer our facilities to everyone, but we have to follow the procedures. Commissioner Hackney said he will be attending the next bridge class on Wednesday, and will receive any new feedback. He said the message he will give is that it isn't about the $3 for the director to play, but it is about 4. V r.. Community Services Commission Minutes putting the program under a contractual umbrella which protects the City from liability, and the people who play duplicate bridge are paying $3 to play. Director Horvitz stated that is the correct message, we need everyone to adhere to the same rules. B. Upcoming Events Veteran's Day Tribute Ceremony - November 1 1 th 1:00 p.m. to 3:00 p.m. at the Civic Center campus. Approximately 30 Veterans names will be added to the wall. We have invited past honorees to attend the function as well Annual Tree Lighting Ceremony - December 3rd 6:00 p.m. - Commissioners are welcome to attend. Commissioner St. Johns said it would be helpful if some of the Commissioners attend because there is a very long line of children to see Santa Claus. Kristin Riesgo has instituted a new event, the Candy Cane hunt. That will be something new that we are doing. Commissioner St. Johns commented that choirs from elementary schools also come to sing. Director Horvitz said we will have an arts and crafts table set up for the children to make ornaments that they will hang on our holiday tree. Santa Paws Pet Portraits - December 4th 10:00 a.m. which will be held at the Civic Center campus. (We had twenty five people attend the Dog-O- Ween contest which was quite successful.) Breakfast with Santa - December 1 1 th 9:00 a.m. to 1 1:00 a.m. - that is always a very special event. We provide pancakes and orange juice, Santa Claus gives out gifts to the children. Motion made by Commissioner Leidner/St. Johns for Commissioners to attend as many of these events as they can. Unanimous. Commissioner St. Johns commented that it seemed June Greek, City Clerk, would not be making it in to this meeting. Director Horvitz stated Commissioner Fleck could come in to the City to be sworn in. He asked Director Horvitz to phone him with the arrangements. IX. ADJOURNMENT It was moved by Commissioners Leidner/St. Johns to adjourn the Community Services Commission meeting at 8:10 PM. Unanimous. Community Services Commission Minutes NEXT MEETING INFORMATION Monday, December 13, 2004 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Therese Vella-Finorio, Community Services Secretary 3 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 3, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:04 a.m. by Interim Community Development Director Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Frank Christopher, and David Thorns. C. Staff present: Interim Community Development Director Oscar Orci and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of October 6, 2004. Committee Member Christopher asked that Page 2, Item 6 be amended to add "stainless steel". There being no further changes, it was moved and seconded by Committee Members Christopher/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Village Use Permit 2004-025; a request of Desert Builders, Inc. for consideration of architectural and landscaping plans for three live -work spaces in The Village at La Quinta located on the north side of Calle Amigo, one lot east of Avenida Bermudas. 1 Interim Community Development Director Oscar Ord presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Deleo, marketing agent for Dr. F.H. LaBranche, Jr., project representatives, who gave a presentation on the project. 3�6 G:\WPDOCS\ALRC\l 1-3-04.doc Architecture and Landscaping Review Committee November 3, 2004 2. Committee Member Bobbitt asked what type of business would be here. Mr. Deleo stated they would be law firms, with satellite offices. The Village Commercial designation does not prohibit the living space. The zoning does not require a setback; however, they will have a five foot setback. The color board will be a traditional La Quinta styling similar to the La Quinta Hotel. It will have red stacked tile with painted royal blue trim. Landscaping will be a design to provide shade; they are trying to maximize the use of the lot, but will abide with Architecture and Landscape Review Committee desire. 3. Committee Member Thorns asked if the driveway will be as shown in the computer rendering. Mr. Deleo stated it will not have the rollup curb. There will be a separation. Committee Member Thorns suggested the paver stones, tumbled would be excellent. Mr. Deleo suggested a raised planter between the driveway elements. Committee Member Thorns stated a low raised planter would be fine. His issue with the elevation is that even the color is bland; there is no real detail. He would prefer the barrel tile and capped. Mr. DeLeo suggested traditional Spanish tiling with weeping. 4. Committee Member Bobbitt stated there will be problems with the turf in some of the areas as it will need to be irrigated. He would suggest a drip system be used, or something similar. In regard to the planters it will have to be level and as the site is not level, they will need to address the elevation change. This will affect the height and could be a safety issue. Mr. Deleo suggested a very low planter with drought resistant plants. Committee Member Bobbitt reiterated it will need to have drip irrigation. 5. Committee Member Christopher stated the computer generated drawings do not transfer into what is being described. If it is going to be a hand -trolled exterior with a Spanish look, it should be delineated in the conditions. Mr. Deleo stated he has no issue with adding a condition requiring the hand trolled, with the royal blue trim around the doors. He noted each entrance has an interior courtyard at the entrance. 6. Committee Member Thorns stated there are no light fixtures on the wall noted on the rendenings. He noted the site has a nice clump of palm trees at the northeast corner and he would like to see them retained or relocated on the site. CADocuments and Settings\tdeering\Local Settings\Temporary Internet Files\OLK54\11-3-04.doc 2 Architecture and Landscaping Review Committee November 3, 2004 7. Committee Member Bobbitt suggested the bottle trees be eliminated. 8. Committee Member Christopher stated there are no mullions noted on the windows. 9. Committee Member Thorns stated he is concerned about the number of issues they have raised and he wants to be sure they are passed on to the Planning Commission. Staff noted their comments will be recommended to the Planning Commission. 10. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Christopher to adopt Minute Motion 2004-032 recommending approval of Village Use Permit 2004-025, as recommended by staff and amended: a. Condition added: Palm trees will be retained or relocated on the site. b. Exterior shall be hand trowelled stucco finish. C. The wall shall have cap detailing. d. Window and doorway surrounds shall have detailing. e. Moulin windows and doors shall be provided. f. Wall caps shall be the cobblestone. g. Bottle trees shall be eliminated from the plant list. h. Tumbled cobblestone shall be used for the driveway. i. The roof shall be a mudded Spanish tile. Unanimously approved. B. Site Development Permit 2004-817; a request of Bill Sanchez for consideration of architectural and conceptual landscaping plans for three commercial sites bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street. 1. Interim Community Development Director Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced the applicant, who gave a presentation on the project. 2. Committee Member Christopher stated the northwest elevation is a service area, but as it does front onto a road corridor, it C:\Documents and Settings\tdeering\Local Settings\Temporary Internet Files\OLK54\11-3-04.doc 3 ~ Architecture and Landscaping Review Committee November 3, 2004 could use some additional detail, such as trellis work, for Pad 6. The applicant stated there is only six feet between the building and the curb which makes it tight to add any detail. They will be layering to create different massing along that elevation. They will be adding a planter area to soften the look of the area. Committee Member Christopher noted that in areas where there is a higher degree of public exposure there are black canopies. He would suggest added the same detail/canopy over the doorways to add something to give dimension to the walls. The applicant agreed. 3. Committee Member Thorns asked if they were different facias and not just color that overlay each other. The applicant stated yes. Committee Member Thorns asked that the pedestrian area in the center of the parking area, with the design element needs some work. It should not be brought out into the paved area, the driveway area. The applicant stated they would look at some way to seal it to protect it. Committee Member Thorns suggested it stop before the 36" band. Mr. Sanchez stated they would look into different finishes to find a better way to care for the concrete. Committee Member Thorns stated that as no pedestrian will be in this area it does not function as a people space. It needs to be cut off at the curb line and not extend out into the driveway area. 4. Committee Member Bobbitt questioned the use of the Chilean Mesquite. It is a fast growing, shallow rooted tree and after a couple of years you will lose a large percentage due to the wind and lack of maintenance and area to grow. He would suggest using a different variety. Mr. Sanchez stated that in this plan there are seven of these trees along the Highway 111 perimeter. 5. Committee Member Bobbitt stated the parking area where pedestrians will walk through the planter area should have appropriate stepping stones or some surface to allow them to walk through. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2004-033 recommending approval of Site Development Permit 2004-817, as recommended by staff and amended. C:\Documents and Setting s\tdeeri ng\Local Settings\Temporary Internet Files\OLK54\11-3-04.doc 4 Architecture and Landscaping Review Committee November 3, 2004 a. Condition added: The pedestrian circle shall be eliminated at the outer edge banding. b. Condition added: The planter areas adjacent to the parking lot shall have some type of material to allow a pedestrian walkway. C. Condition added: A trellis structure shall be added to northwest elevation of Pad 6. d. Condition added: An alternative design for shop 3 for use of vehicles and pedestrians to be maintained in an adequate manner that it will not fade. e. Suggestion: An alternative tree to the mesquite trees should be considered. Unanimously approved. C. Site Development Permit 2004-818; a request of La Quinta Partners North for consideration of architectural and landscaping plans for two new prototype residential units with two facades each located on the west side of Caleo Bay, approximately 270 feet north of Avenue 48. 1. Interim Community Development Director Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jim Thompson, representing the applicant, who gave a presentation on the project. 2. Committee Member Bobbitt stated the tract needs some undulation, but not sure it is possible. Staff noted the Code requires staggering on every fifth home. Mr. Thompson stated there is a minimum of 20 feet to the garage. 3. Committee Member Thorns asked if they could have less of a setback. Staff noted with a side entry garage it can be 15 feet. Discussion followed regarding alternatives. 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2004-034 recommending approval of Site Development Permit 2004-818, as recommended. Unanimously approved. G:\WPDOCS\ALRC\1 1-3-04.doc 5 330 Architecture and Landscaping Review Committee November 3, 2004 D. Tentative Tract Map 32397; a request of Foxx Homes for consideration of preliminary landscaping plans for Washington Street perimeter located on the west side of Washington Street, north of Laguna de la Paz. 1. Interim Community Development Director Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Jim Foxx and Dave Denning of Foxx Homes and Mike Horton of HSA Landscaping, who gave a presentation on the project. 2. Committee Member Bobbitt stated the artificial rock can be a big mistake if it is not done right. As long as it looks like the mountain behind it, the effect should be beautiful. Mr. Foxx stated that is their intent. It will be a mixture of real and artificial rocks. 3. Committee Member Christopher asked the width of the lanes. Mr. Horton stated it has two lanes in at the call box and one lane exiting. 4. Committee Member Thoms asked why there was no gate house. Mr. Foxx stated the cost was the reason. 5. Committee Member Christopher stated there is no specific plan that relates to the plant pallet. The elevation needs to show the height differentials with the trees. 6. Committee Member Thoms stated no where along Washington Street does this type of impact take place. He is concerned that it may be too dramatic for the street. Mr. Foxx stated it will have a resemblance of a continuation of the rock outcropping of Point Happy. 7. Committee Member Christopher asked the height of the rock features. Mr. Foxx stated 20 feet and tapers down the closer you get to Washington Street. 8. Committee Member Bobbitt asked what was to be behind the perimeter wall. Mr. Foxx stated there is no sod between the house and the street. 331 G:\WPDOCS\ALRC\1 1-3-04.doc 6 Architecture and Landscaping Review Committee November 3, 2004 9. Committee member Christopher stated that in order to do anything viable is going to require this big of an effort. If you look at what is across the street and the Church they have an austere look. This will be an enhancing look to the Washington Street Corridor. 10. Committee Member Bobbitt stated he would like to see the Chilean Mesquite eliminated. 11. There being no further questions of the applicant, it was moved and seconded by Committee Members Christopher/Bobbitt to adopt Minute Motion 2004-035 recommending approval of Tentative Tract Map 32397, as recommended and amended by staff.; Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on December 1, 2004. This meeting was adjourned at 1 1: 41 a.m. on November 3, 2004. Respectfully submitted, T . SAWYER Executive Secretary 3J2 G:\WPDOCS\ALRC\1 1-3-04.doc 7 REPORT/INFORMATIONAL ITEM: f9 .MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA October 21, 2004 This meeting of the Historic Preservation Commission was called to order by Commissioner Robert Wright at 3:03 p.m. who led the flag salute and asked for the roll call. Chairman Allan Wilbur was delayed. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call. Present: Commissioners Puente, Sharp, Wright, and Chairman Wilbur Absent: It was moved and seconded by Commissioners Puente and Sharp to excuse Commissioner Mouriquand. Unanimously approved. Staff Present: Principal Planner Stan Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Puente and Sharp to approve the minutes of September 16, 2004 as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Results of the Cultural Resources and Paleontological Resources Monitoring Programs for Mountain View Country Club. Applicant: Toll Brothers Archaeological Consultant: LSA Associates Location: North of Avenue 52 and east of Jefferson Street within Mountain View Country Club. P:\CAROLYN\Hist Pres Com\HPC 10-21-04.doc j Historic Preservation Commission October 21, 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 Puente complimented the consultant on the report and the information in Appendix D. She suggested the Commissioners keep this report as a reference for future use. She concurred with staff recommendations. 3. Commissioner Sharp approved of the presentation, stated it was very well done, and he had no further comments. 4. Commissioner Wright state this was one of the finest reports ever received from the standpoint of the report being complete, especially the artifacts. He concurred with the staff's recommendations. 5. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-030 approving the Cultural Resources Monitoring Program as submitted. Unanimously approved. 6. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-031 approving the Paleontological Resources Monitoring Program as submitted. Unanimously approved. B. Historical/Archaeological Resources Survey Report for Griffin Ranch Project Applicant: Trans West Housing, Inc. Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: Southeast corner of Madison Street and Avenue 54. 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. Michael Hogan, Principal of CRM TECH was introduced and said this was a fairly typical site. He stated they did the testing of the site and are in the process of doing an analysis of the artifacts for the interim report. PACAROLYWHist Pres Com\HPC 10-21-04.doc 2 '- J [i Historic Preservation Commission October 21, 2004 3. Commissioner Puente asked what the chances were of finding any more isolets. Mr. Hogan replied they were good and monitoring was recommended. Commissioner Puente asked for a definition of Contextual Integrity. Mr. Hogan replied everything found is taken in context. They look at the whole of what's been found to see if further information can be determined. They also look at isolates which can be historic resources. 4. Commissioner Puente asked if the local tribes had been contacted. Commissioner Wright replied this subject is currently under advisement. Staff commented the matter would be taken to the Council in November. Mr. Hogan said they had no problem with contacting the local tribes as they are used to this procedure as part of the processing of Federal projects. Mr. Hogan said they would try to do that even for the testing. 5. Commissioner Wright added he did not have any problems with the report or its recommendations. 6. Mr. Rod Rimmer of Transwest Housing introduced himself and asked if he would need to attend any additional Commission meetings. Staff explained the procedures. 7. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-032 accepting the Historical/Archaeological Resources Survey as submitted. Unanimously approved. C. Historical/Archaeological Resources Survey Report Applicant: ND La Quinta Partners, LLC Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: South side of Avenue 52, east of Madison Street 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. PACAROLYMHist Pres Com\HPC 10-21-04.doc 3 35 Historic Preservation Commission October 21, 2004 2. The applicant, John Gamlin, Vice President ND La Quinta Partners, introduced himself and offered to answer the Commissioner's questions. 3. Commissioner Sharp asked if the house on the. property was going to be demolished. Mr. Gamlin replied it was. 4. Commissioner Wright asked if this was the only house on the property of significance. He requested the applicant provide photo documentation for the City's Historic Records Survey. Staff replied it was possible. CRM TECH would be responsible for providing the photographs. Commissioner Wright suggested they take a number of photos to be included in the report to maintain a photographic record of the structures. Mr. Hogan asked about the type of photo format and staff gave him the particulars of what was needed. Commissioner Wright explained the Commission did not approve a project of this type without monitoring and documentation. 5. Staff asked if Commissioner. Wright wanted this done before grading. The Commissioner asked that it done before the building was demolished. 6. Commissioner Wright asked Mr. Gamlin if he had any comments regarding this documentation. Mr. Gamlin did not. Commissioner Wright noted this structure was not included in the City's Historic Records Survey. 7. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-033 accepting the Historical/Archaeological Resources Survey Report with the following recommendation: a. The final report shall contain written documentation of the 50-year old structure on the property. Photo documentation of the structure will be done in black -and - white, archival quality photography. Unanimously approved. PACAROLYWHist Pres Com\HPC 10-21-04.doc 4 1 r1 Historic Preservation Commission October 21, 2004 Addendum Archaeological Studies for The Hideaway Applicant: ND La Quinta Partners, LLC Archaeologist Consultant: McKenna et al Location: Avenue 53, between Madison Street and Monroe Street in the future Hideaway project site. 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 Puente concurred with staff's recommendations and said the report was well done and very interesting. 3. Commissioners Sharp, Wright and Chairman Wilbur concurred with staff's recommendations 4. It was moved and seconded by Commissioners Wilbur and Sharp to adopt Minute Motion 2004-034 accepting the Addendum Archaeological Study as submitted. Unanimously approved D. Historical/Archaeological Resources Survey Report for Tentative Tract Map 32848. Applicant: MDS Consulting for Richard Hughes Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: North side of Avenue 60, west of Madison Street 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Michael Hogan, Principal, CRM TECH informed the Commission he found three isolated shards when they did the survey. He commented this area was highly sensitive. 3. Commissioner Wright asked if it was close to the baseline of the Cahuilla shoreline. Mr. Hogan replied it was very close. 4. Commissioners Puente and Sharp concurred with staff s recommendations P:\CAROLYN\Hist Pres Com\HPC 10-21-04.doc 5 �) 3 %) Historic Preservation Commission October 21, 2004 5. Chairman Wilbur asked why the monitoring was spaced 15 meters apart in this report as compared to 10 meters in other reports. He asked if there was a specific standard. Staff was unaware of any specific standard and stated ten meters is used in most submitted surveys. He deferred to Mr. Hogan on this question. 6. Michael Hogan, Principal CRM TECH said he was surprised to hear 10 meters was a standard and there was nothing written as to what professional standards were. He added the BLM recommends intensive level survey 15 to 20 meters. He thought 15 meters was still the recommended professional standard. 7. Commissioner Wilbur asked Mr. Hogan if there was a written standard for on -foot surveys. He asked if there was anything in the literature, training or recommendations to archaeologists that specify a standard amount. 8. Commissioner Wright suggested this matter be brought up at the next meeting' when possibly Commissioner Mouriquand would be available. Staff replied Commissioner Mouriquand uses 10 meters in her surveys, but they have seen both distances used. 9. Commissioner Wright asked if Mr. Hogan could get a good sampling at 15 meters. Mr. Hogan replied he could. 10. Commissioner Wright stated he would hate to go any further apart than 15 meters apart. Staff replied if you're walking slowly enough and looking 15 meters should be adequate. 11. Commissioner Wright asked Mr. Hogan if it mattered more if it was a really rich site; would he then change this to a 10 meter sampling. Mr. Hogan replied once an artifact is found, the surveyors stop and look intensively in that area. He added they would also take into consideration the density of the vegetation. 12. Chairman Wilbur said the subject keeps coming up and suggested there should be further discussion. Staff suggested this be scheduled for a future meeting. PACAROLYMHist Pres Com\HPC 10-21-04.doc 63 J 8 Historic Preservation Commission October 21, 2004 13. Commissioner Wright and Chairman Wilbur concurred with the report including staff's recommendations. 14. It was moved and seconded by Commissioners Sharp and Wilbur to adopt Minute Motion 2004-035 accepting the Historical/Archaeological Resources Survey Report as submitted. Unanimously approved Paleontological Resources Survey Report for Tentative Tract Map 32848. Applicant: MDS Consulting for Richard Hughes Archaeological Consultant: CRM TECH (Michael Hogan, Principal) Location: North side of Avenue 60, west of Madison Street 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Michael Hogan, Principal CRM TECH said he had a chance to look at the map. This property is about 40 feet away from the Ancient Lake Cahuilla shoreline and it does have freshwater mollusks. 3. Chairman Wilbur asked if the recommendations stated in the report would take care of collecting all the valuable lakeside and near lakeside materials. Staff replied it would. They would collect a representative amount of them. 4. Commissioner Wright commented it will be nice when the City's Museum is built to house all these artifacts. 5. Mr. Hogan commented it was interesting to see the concentration of the different shells and their environments. 6. Chairman Wilbur concurred with the report and appreciated the reference section. 7. Commissioner Wright had no problem with the report and agreed with the conditions listed. PACAROLYMHist Pres Com\HPC 10-21-04.doc 7 n � j�)9 Historic Preservation Commission October 21, 2004 8. It was moved and seconded by Commissioners Puente and Sharp to adopt Minute Motion 2004-036 accepting the Paleontological Resources Survey as submitted. Unanimously approved VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Commissioners were given a copy of Senate Bill 18 as noted in the minutes of September 16, 2004. Staff commented they had no updates on whether the bill had been adopted or vetoed. The Commissioners agreed this was a very good Bill and hoped it would be adopted. VII. COMMISSIONER ITEMS: A. Commissioner Puente asked if staff had reviewed the list of items for discussion she had submitted. Staff replied they were reviewing it. B. Chairman Wilbur said a matter was brought up at the last Joint Meeting with the City Council .where there were serious concerns about the adoption of a paragraph relating to notification of the Indian Tribes. He asked if there was any feedback from the Council. Staff replied it will be going back to Council in November. Chairman Wilbur asked if this was regarding the re -wording of the recommendations. Staff replied yes. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Sharp and Puente to adjourn this Regular Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on November 18, 2004. This meeting of the Historical Preservation Commission was adjourned at 3:45 p.m. Unanimously approved. Submitted by: ar kern Secre ry PACAROLYWHist Pres Com\HPC 10-21-04.doc 8 310 REPORT/INFORMATIONAL ITEM: c-D MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 9, 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 Daniels to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Ken Krieger, Paul Quill, and Chairman Tom Kirk. C. Staff present: Oscar Orci, Interim Community Development Director, Assistant City Attorney Michael Houston, Associate Engineer Paul Goble, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit, 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 the regular meeting of October 26, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. B. Department Report. V. PUBLIC HEARINGS: A. Environmental Assessment 2004-526, General Plan Amendment 2004- 103, Zone Change 2004-122, Specific Plan 2004-074, and Tentative Tract Map 32879; a request for consideration of a subdivision of ± 199 acres into 303 single-family residential lots located at the southeast corner of Avenue 54 and Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Staff requested a continuance of the project to the meeting of November 23, 2004. 341 G:\WPDOCS\PC Minutes\11-9-04.doc Planning Commission Minutes November 9, 2004 2. It was moved and seconded by Commissioners Daniels/Krieger to continue the project to November 23, 2004, as requested. Unanimously approved. B. Environmental Assessment 2004-525 and Site Development Permit 2004-814; a request of Entin Family Trust for consideration of development plans for construction of a ± 23,760 square foot, two-story office building located on the east side of Washington Street, ± 960 feet north of Fred Waring Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the plans before the Commission reflected the Architecture and Landscape Review Committee conditions. Staff stated yes. 3. Commissioner Krieger asked if the height was within the 40 foot limit. Staff explained the height dimensions and how they met the requirements. 4. Chairman Kirk asked if the applicant was requested to supply smaller scaled drawings for the projects. Staff stated they are requested, but not appropriate in every case. 5. Commissioner Quill asked if the Public Works Department had reviewed the site in regard to the grading plan as the site is very high where the old parking lot was for the medical building where the pad elevation is five feet above the curb and the building will be 36 feet to the top of the building. Associate Engineer Paul Goble stated there is no relative problems in regard to the grading. They will meet the City's requirements in regard to grading. Commissioner Quill asked about the retention. Staff stated the retention is on site and underground. 6. Chairman Kirk asked if there would be covered parking. Staff noted the location of the covered parking stalls. 7. Commissioner Daniels asked what the land was across Washington Street. Staff stated it is Desert Breezes and Sedona Homes development. 4. G:\WPDOCS\PC Minutes\11-9-04.doc 2 Planning Commission Minutes November 9, 2004 8. Commissioner Ladner asked how the pad elevation would relate to the street. Associate Engineer Goble stated it could be quite varied in relation to the pad. In this case, the pad could be lower if the Commission desires. Discussion followed 9. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Cesar Romero, representing the applicant, gave a presentation on the project and explained the grade elevations. 10. Commissioner Quill asked about the scored detail above the window. Mr. Romero stated it was a painted score or tile. Commissioner Quill asked about the second story window on the south and west elevation above the window. Mr. Romero stated it is a foam applied band that will be colored the dark brown. 11. Chairman Kirk noted he had become aware that he may have a potential conflict of interest in regard to this project and excused himself and left the dais. 12. Vice Chairman Quill asked if there were any other questions of the applicant. There being none, he asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and opened for Commission discussion. 13. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commissioner Resolution 2004-083 certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-525, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill, NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 14. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-084, approving Site Development Permit 2004-814, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. Chairman Kirk rejoined the Commission. G:\WPDOCS\PC Minutes\11-9-04.doc 3 3 A Planning Commission Minutes November 9, 2004 C. Sign Application 2004-825, Amendment #1; a request of Santa Rosa Plaza for consideration of a Master Sign Program Amendment for Santa Rosa Plaza, located north of Calle Tampico, east of Avenida Bermudas, and west of Desert Club Drive. 1. Commissioner Ladner excused herself due to a potential conflict of interest and left the dais. 2. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked for clarification on the number of days in a year the banners could be up. Staff clarified the applicant requested 60 days per event, staff recommends 30 days per event. The sizes vary depending on their location. Discussion followed as to where banners existed in the City. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Gilbert Fraide, architect for the project, gave a presentation on the project. Ms. Shirlee Worrall stated the "E" on the monument sign would be of the same material and style as the art work for the horses. 5. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if they knew the size of the banners. Ms. Worrall gave their dimensions and stated they would like to keep all the banners they are requesting and proceeded. to explain the location and purpose of the banners. 6. Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 7. Commissioner Quill asked if anyone had an objection to the banners. 8. Chairman Kirk stated the banners are internal to the project instead of representing advertising, so he supports staff's recommendation. .�44 G:\WPDOCS\PC Minutes\11-9-04.doc 4 Planning Commission Minutes November 9, 2004 9. Commissioner Daniels stated that if it is on their property, he has no issue. He would leave the one at the entrance. 10. Commissioner Krieger stated he would agree with staff's recommendation. 11. Commissioner Quill asked about the "E" and "Embassy Suites" signs on the side of the building. 12. Chairman Kirk stated he would prefer the "E", but they agree with staff's recommendation. 13. It was moved and seconded by Commissioners Quill/Krieger to adopt Minute Motion 2004-016, approving Sign Application 2004- 825, Amendment #1, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None Commissioner Ladner rejoined the Commission. D. Environmental Assessment 2003-470, General Plan Amendment 2003- 091, Zone Change 2003-112, Conditional Use Permit 2003-074, Specific Plan 204-071, and Site Development Permit 2003-762; a request of Pacific Retirement Services and Westport La-Quinta, LP. for consideration of: 1) Mitigated Negative Declaration of environmental impact; 2 & 3) General Plan Amendment and Zone Change from Low Density Residential to Medium High Residential at the northeast corner of Washington Street and Avenue 50 and Office Commercial to Medium Density Residential at the southeast corners of Washington Street and Avenue 50; 4) design principles and guidelines for a senior, retirement community; 5) Conditional Use Permit to allow a congregate care facility; and 6) development plans to allow a senior retirement community, for the properties located at the northeast and southeast corners of Washington Street and Avenue 50. 1. Chairman Kirk excused himself due to a potential conflict of interest and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the G:\WPDOCS\PC Minutes\11-9-04.doc 5 345 Planning Commission Minutes November 9, 2004 information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Vice Chairman Quill asked if there were any questions of staff. Commissioner Ladner asked how many homes were previously planned for the parcel to the north and would they be allowed two story units. Staff stated none on the north parcel and they are limited to one story at 17 feet. 4. Commissioner Krieger asked if there would be deceleration lanes at the entrances. Staff stated they are conditioned to have a traffic engineer prepare a report to determine if it is needed. Commissioner Krieger asked what the impact of traffic would be on the intersections. Staff stated it was determined the level of service for the streets would remain the same. This residential project would generate less trips than a commercial project. Commissioner Krieger asked if the 16 foot light poles would be visible from the surrounding tracts. Staff stated there will be some visibility, but less than what a commercial project would have. The carports lighting would be under the roofs and in areas near the north property line they are using bollards. 5. Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Marvin Roos, MSA Consulting, project planners for the project, introduced the project team who gave a presentation on the project. 6. Vice Chairman Quill asked if there were any questions of the applicant. Commissioner Ladner asked how many of their residents own a vehicle and drive. Mr. Brian McLemore, Pacific Retirement Services stated that as they enter they may own a vehicle, but as they grow older they get rid of them. They estimate one parking space per resident. Commissioner Ladner asked if the 216 living units are those that will have one car units. Mr. McLemore stated yes. 7. Vice Chairman Quill asked if they have done any trip generations on the 216 cars. Mr. McLemore stated a trip generation study has shown that a retirement community has 30% less than a residential community. 8. Commissioner Ladner asked if van services would be available. Mr. McLemore stated yes, and explained the services to be provided. G:\WPDOCS\PC Minutes\11-9-04.doc 6 Planning Commission Minutes November 9, 2004 9. Commissioner Daniels asked about the letter received in opposition and one issue in particular was the containment of dementia residents wandering into the community. Mr. McLemore stated this specific portion of the facility is a lock down facility and therefore, they will not be allowed to leave. 10. Commissioner Daniels asked if the other facilities they own were of the same size. Mr. McLemore stated yes, and gave the sizes. Commissioner Daniels asked if the split in the property was an issue. Mr. McLemore stated this is the reason for the tunnel where golf carts could be used to move between the two sites. They will implement a transportation program to assist the transportation problems. Commissioner Daniels asked if they would be better planned to. be constructed next to a medical facility. Mr. McLemore stated they have not found this to be necessarily true. They have registered nurses on call 24 hours a day with an emergency call system in place. Mr Chris Dalengas, architect for the project, gave a power point presentation on the project elevations. 11. Commissioner Krieger asked if the light poles would have shields. Mr. Dalengas stated yes, so there would be no light directed toward the sky. Commissioner Krieger asked if the residents of the two story units could look down into the neighboring residential projects yards. Mr. Dalengas stated they did not believe this would be possible, but if the neighbor thought they could, they would build a masonry wall to block that view. 12. Commissioner Daniels asked if it was possible to put the single story casitas on the northern property, reversing the two sites and what implications would this cause. Mr. Dalengas stated the southern site does not have enough acreage. Commissioner Daniels asked what the implications would be if the two story units were set back further. Mr. Dalengas stated they would lose units on all three buildings, but he would not know how many. 13. Vice Chairman Quill asked if there is a front or back on the parking structure to block views. Mr. Dalengas stated no. They designed it with flat roofs to reduce the visual impact. Vice Chairman Quill asked how the 16 foot lights would affect the project. He also asked if the roof tiles were clay or concrete. Mr. Dalengas stated they are concrete. Vice Chairman Quill asked if the residents were in favor of the undergrounding of the utilities. Mr. Dalengas stated they were in support of the undergrounding. • 7 G:\WPDOCS\PC Minutes\11-9-04.doc 7 Planning Commission Minutes November 9, 2004 14. Mr. Rob Parker, representing RGA, gave a presentation on the landscaping plan. Mr. Roos went over the conditions and requested changes to Conditions #8, #10, #39, #54.B.1. & 2, #54.A.1.e, #54.A.1.a., and #54.B.2. & 2. In addition, they would like to request the deceleration lane leading to the two sites access points on Avenue-50 be eliminated and confirmation that the 150 foot setback to the two story structures required, will not have to be further offset due to the deceleration lanes being conditioned on the project. 15. Commissioner Krieger asked if there had been a traffic study. Mr Roos stated Washington Street was done, but Avenue 50 was only to determine the need for deceleration lane. 16. Chairman Kirk asked if anyone else would like to address the Commission on this matter. Mr. Paul Cope, 78-766 Gorham Lane, Palm Desert, signed up to live in the development. He has investigated several of their other sites and was very impressed with the developments. 17. Mr. Jack Nelson, 78-707 Saguaro, stated he was in opposition to the project due to the change in density and the amount of traffic it would generate. He does not want it in his back yard. 18. Mr. Bob Tayar, 79-945 Rancho La Quinta Drive, stated he supported the project and hoped to be a resident at this facility. 19. M. Karen Kirk, 78-585 Saguaro, stated her opposition to the project . as she believed it will lower her property values. She submitted a petition of residents who were in opposition to the project. 20. Mr. Les Webber, 160 Tomahawk Drive, Palm Desert, stated his support of the facility. 21. Ms. Helen Marie Nelson, 78-707 Saguaro, stated her opposition to the project in regard to density, and how it would devalue their property. 22. Mr. Jack Harper, 50-665 Grand Traverse stated his support of the project. 23. Ms. Sandra Hawk, 78-770 Spy Glass Hill, stated her support of the project. Her concern was what could be developed here if this was not being proposed. G:\WPDOCS\PC Minutes\11-9-04.doc 8 Planning Commission Minutes November 9, 2004 24. Mr. John Sharn 78-650 Saguaro, stated his support of the project. He works at a project such as this and it is a progression of individuals who move from the country club environment to these facilities. 25. Mr. Bob Taher, 79-945 Rancho La Quinta Drive asked for those in support of the project to stand. A majority of the audience stood to show their support. 26. Dr. Neda Nealstron, 50-095 Doral what is going to be done with the traffic noise that exists currently? 27. Mr. Tom Anderson, 78-731 Saguaro, questioned the ten foot setback from the property line to the carport and he did not see that in the rendering. Vice Chairman Quill stated it is being provided. In addition, they will underground the power lines. Staff then discussed with him where the light poles would be located. 28. Ms. Norma Main 78-715 Saguaro Road asked how they could build the wall higher when the City has a maximum six foot height for the wall. Staff stated it could be done in a combination of a berm and wall. The Specific Plan does allow for a development to deviate from City standards and guidelines to allow a wall higher than the Code allows. Ms. Main asked the height of the single family home that was shown on the power point. Staff stated the peak would be 17 feet. She stated she was opposed to the project. 29. Ms. Patricia Duarte, 53-400 Avenida Forensa, asked how the traffic on Avenue 50 would be affected by this project. Her concern was the children traveling to school along Avenue 50. Vice Chairman Quill stated the level of service will not be impacted by this project. In other words the added traffic will not be that much greater than what exists. 30. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 31. Commissioner Daniels asked staff if they had any issues with the condition changes as requested by the applicant. Staff stated items 1 and 2 the applicant will correct and the changes will be made accordingly. Item 3 should be deferred to the Public Works and Fire Department to make certain it is allowed; Item 4 must be 349 G:\WPDOCS\PC Minutes\11-9-04.doc 9 Planning Commission Minutes November 9, 2004 specific widths per the Code; Item 6 will be referred to Sunline and the Public Works Department to determine if it is acceptable; Item 7 is a standard condition and should remain; Item 8 should be referred to CVWD. Staff would prefer the berms be landscaped. 32. Mr. Marvin Roos, stated they have held community meetings to resolve the remaining issues and most of the issues raised, they believe, have been met. 33. Commissioner Daniels asked about the lights at night and the carport. Mr. Roos stated there will be a berm and wall down to a wall at the west end to block the glare. 34. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 35. Commissioner Ladner stated she would welcome this project behind her. 36. Commissioner Daniels agrees this is a great project but the real challenge is to determine if this is the right place for it. He would like to resolve the remaining four conditions. 37. Commissioner Krieger stated he supports the project. 3.8. Vice Chairman Quill does see a problem with the metal roof on the parking structure as the lights under the roof will always be there. The roof should be a tile that could be low profile to block any lights into any resident on the north. He would suggest they use a single Mission S-clay tile. Their items #1, #2, #3 can be approved subject to Public Works Department approval; Item #5 to reduce the 8 foot sidewalk should remain on Washington Street and Avenue 50; If they will eliminate any ingress into the project on Washington Street north bound he would agree to removing the south side deceleration; Item #6 would like to see the bus turnout at this location, but it needs to be worked out with Sunline; Item #39 he would not like to see the landscaping removed, but will have to agree with CVWD requirements. With respect to raising the wall at the request of the homeowners on Saguaro, it should be allowed to go to an elevation of seven feet from the finish floor elevation of their home. This is in addition to the tile roof of the parking structure. G:\WPDOCS\PC Minutes\11-9-04.doc 10 Planning Commission Minutes November 9, 2004 39. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-085, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-470, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 40. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-086, recommending certification of General Plan Amendment 2003-091, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 41. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-087, recommending approval of Zone Change 2003-1 12, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 42. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-088, recommending approval of Conditional Use Permit 2003-074, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None 43. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commission Resolution 2004-089, recommending approval of Specific Plan 2004-071, as recommended and revised. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. G:\WPDOCS\PC Minutes\11-9-04.doc Planning Commission Minutes November 9, 2004 44. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-090, recommending approval of Site Development Permit 2003-762, as recommended and revised: a. Condition added: The carport roofs adjacent to the north property line shall use a single Mission "S" clay tile that is low profile to block any lights into any residences on the north. b. Condition #8.A.1: Shall be approved subject to Public Works Department approval. C. Condition #54.A.1.a.: Bus turnout may be deleted if approved by Sunline Transit. If deleted the deceleration lane shall be used for a bus stop; d. Condition #39: The landscaping on the CVWD Evacuation Channel face shall be subject to CVWD approval. e. Condition #99: Is amended to refer to the first floor windows at the ends of the independent living building. f. Condition added: The perimeter wall along the north property line of the north site may be a maximum seven feet high as measured on the north side of the wall. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Vice Chairman Quill. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Krieger to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on November 23, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:53 p.m., on November 9, 2004. ctfully su itted, awyer, E e' cutive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\11-9-04.doc 12 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 23, 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 Ladner to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Ken Krieger, and Chairman Tom Kirk. It was moved and seconded by Commissioners Ladner/Daniels to excuse Commissioner Quill. Unanimously approved. C. Staff present: Interim Community Development Director Oscar Orci, Assistant City Attorney Michael Houston, Associate Engineer Paul Goble, Principal Planner Stan Sawa, 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 the regular meeting of November 9, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted, B. Department Report: Interim Community Development Director Oscar Ord thanked the Commission for the opportunity to work with them. He will be assuming a position with the City of Banning and believes he has benefited from the growth and learning he has had during his term in La Quinta. Chairman Kirk thanked him for "his leadership and wished him well on behalf of the Commission. V. PUBLIC HEARINGS: A. Environmental Assessment 2004-526, General Plan Amendment 2004- 103, Zone Change 2004-122, Specific Plan 2004-074, and Tentative Tract Map 32879; a request of Trans West Housing for consideration of a subdivision of ± 199 acres into 303 single-family residential lots located at the southeast corner of Avenue 54 and Madison Street. 3 G:\WPDOCS\PC Minutes\11-23-04.doc Planning Commission Minutes November 23, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Staff requested a continuance of the project to the meeting of December 14, 2004. 2. It was moved and seconded by Commissioners Daniels/Ladner to continue the project to December 14, 2004, as requested. Unanimously approved. B. Environmental Assessment 2004-528 and Site Development Permit 2004-815; a request of Prest-Vuksic Architects/Dr. Steve. Phan for certification of a Mitigated Negative Declaration of environmental impact and consideration' of development plans for a one story 10,000 square foot office building on a 0.83 acre site located on Caleo Bay, approximately 300 feet north of Avenue 48. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the applicant had any objections to the Architecture and Landscaping Review Committee's (ALRC) conditions. Staff stated the applicant supported their conditions. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Vuksic, the architect for the project, stated he had no issues with the conditions and was available to answer any questions. 4. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 5. Commissioner Ladner commended the architect on his design. 6. It was moved and seconded by Commissioners Daniels/Krieger to adopt Planning Commissioner Resolution 2004-090 certifying a Mitigated Negative . Declaration of environmental impact for Environmental Assessment 2004-528, as recommended. G:\WPDOCS\PC Minutes\11-23-04.doc 12 Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Chairman Kirk, NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None 7. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-091, approving Site Development Permit 2004-815, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. C. Environmental Assessment 2003-523 and Tentative Tract Map 32848 a request of RT Hughes Co., LLC for certification of a Mitigated Negative Declaration of environmental impact and the subdivision of approximately 4.02 acres into 16 lots and miscellaneous lots for the property located on the north side of Avenue 60, approximately 700 feet west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if any of the other surrounding properties were being denied access for a larger circulation pattern for their developments of their properties. Staff stated it is not necessary to tie into a larger circulation pattern. 3. Commissioner Ladner asked the size of the lots to the east. Staff stated 10,300 feet maximum. Commissioner Ladner questioned the street setback issue; will it have a cutback. Staff explained. 4. Commissioner Krieger asked about the liquefaction issue. Staff noted this would be addressed through the precise grading process. 5. Chairman Kirk asked if the land to the west would be no more than a foot differential. Staff stated there will be a partial retaining wall to retain the property to the west. Chairman Kirk asked if the adjacent property owner agreed to this being on his property. Staff stated yes. Discussion followed regarding the topography of the site. _ G:\WPDOCS\PC Minutes\11-23-04.doc 3 3�r J Planning Commission Minutes November 23, 2004 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jerry Green, MDS Consulting, representing the applicant stated he agrees with the conditions and staff report. 7. Chairman Kirk asked if the property to the west was no larger than a foot differential in grade and there is an agreement with the adjoining property owner to construct a swale on his property. Mr. Green stated this was correct. 8. Mr. Richard Hughes stated he was the developer and just wanted to thank staff and in particular Oscar Orci for all his work. 9. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 10. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-092, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-523, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None 11. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-093, recommending approval of Tentative Tract Map 32848, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None D. Environmental Assessment 2003-522 and Tentative Tract Map 32397; a request of Foxx Homes . for certification of a Mitigated Negative Declaration of environmental impact and the subdivision of 28.42 acres into 74 lots and other common lots for the property located on the west side of Washington Street, north of Laguna de la Paz. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the G:\WPDOCS\PC Minutes\11-23-04.doc ►— Planning Commission Minutes November 23, 2004 Community Development Department. Staff reviewed the changes submitted by the Public Works Department for Condition #20, #38, #56.A.(1)(c), and #58.D.1 . Staff also recommends the deletion of monitoring mitigation measure of the site contained n the Environmental Assessment. The Fire Department has agreed to the 18 foot width of the roadways and an 18 foot gate. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if there was any concern about the stability of the plant material. Staff stated no. Staff went on to discuss the cross section diagrams showing the pad elevations. 3. Commissioner Daniels asked if the Laguna de la Paz Homeowners' association (HOA) had been provided copies 'of the condition changes. Staff stated no. Commissioner Daniels asked if the applicant had met with the homeowners. Staff stated yes. 4. Commissioner Krieger asked if the design of the wall at the west end, adjacent to Laguna de la Paz will come back to the Commission and will the homeowners' association have an opportunity to review it. Staff stated it would be a mutually (between the developer and the HOA) designed wall that will need to be approved by the Architecture and Landscape Review Committee as well as the Planning Commission along with the entire perimeter wall design. 5. Chairman Kirk asked about the east/west sections, Lot 3 to 5 are not a part of this tract. Staff noted Lots 5 and 2 are a part of a different tract that will be combined with tract at a later date. Its main entrance will be through this tract. Chairman Kirk asked where this new tract exists and how many lots are proposed. Staff indicated the location, at the very west sand dune area and stated ten lots were proposed. The new tract would contain the access agreements. Assistant City Engineer Steve Speer explained this access agreement was already in place. Chairman Kirk questioned the blasting into the toe of the slope and asked staff to indicate the location where this was intended to take place. Staff indicated the location on the map and discussion continued. Chairman Kirk noted the Environmental Assessment did not note this to be a significant effect. Are the pad heights needed to be 60 feet for drainage? Assistant City Engineer Steve Speer stated the applicant is trying to create a number of sizable pads and keep the soil on the site. G:\WPDOCS\PC Minutes\11-23-04.doc 5 3 J ,f Planning Commission Minutes November 23, 2004 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Foxx, the applicant, stated the pad elevations are at that height due to.the sewer construction and he went on to explain what was being required of them by CVWD for the sewer connection. I,n regard to the conditions and changes, he generally has no objections. Conditions #10 and #58.13.3. need clarification with the width of the street. They are proposing a 28 foot street with no parking on either side. This was acceptable to staff. They are working with the HOA at Laguna de la Paz to design the wall. 7. Chairman Kirk asked the applicant where they intended to blast the mountain. Mr. Foxx stated they have no intention to blast. They do intend to blow the sand off the rock. If the "live" rock has been discolored, they intend to color it to make it blend in. Chairman Kirk asked if he would have any objection to a condition being added to require them to maintain the integrity of the toe of the slope. Mr. Foxx stated he would have no objection. He went on to describe the project. 8. Chairman Kirk asked if anyone else would like to address the Commission on this matter. Mr. Charles Pariano, 48-114 Vista Cielo, Vice President of the Laguna de la Paz HOA, stated he would like to just go on record that they are working with the applicant in regard to the wall and any other issues of the wall and they hope to continue this relationship to make this a good project. 9. There being no further public participation, the public participation portion of the hearing was closed and open for Commission discussion. 10. Commissioner Daniels noted this was a difficult piece or property to be developed, but he is excited about the entry design. 11. Chairman Kirk commended the applicant and HOA on their ability to work between themselves to resolve their issues and he thanked them for their work. 12. It was moved and seconded by Commissioners Krieger/Daniels to adopt Planning Commission Resolution 2004-094, recommending certification of a Mitigated Negative Declaration of environmental impact, for Environmental Assessment 2004-522, as recommended. V G:\WPDOCS\PC Minutes\11-23-04.doc . 6 Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None 13. It was moved and seconded by Commissioners Ladner/Krieger to adopt Planning Commission Resolution 2004-095, recommending approval of Tentative Tract Map 32397 as recommended. a. Condition 20: Delete and insert the following: "The applicant shall provide temporary emergency -vehicle -only access to this tract via the existing driveway near the north property line, until permanent access across the adjacent landowner's land is made available providing access to the future signal at the Washington Street/Lake La Quinta Drive intersection. The applicant shall remove the temporary access improvements and install permanent improvements connecting this tract to the permanent access route within one year of the permanent access easement becoming available." b. Condition #38: Delete and insert the following: "The applicant shall meet and confer with the Laguna de la Paz HOA and establish a mutually agreeable landscape and wall concept along the joint property line that allows the applicant to maintain the pad elevations shown on the tentative map. The mutually agreed upon improvements shall be installed at the applicant's expense.- C. Condition 56.A.(1)(c): Delete the last sentence of this paragraph regarding minimum boulder clearance from the sidewalk and insert the following: "Adequate sight distance shall be provided near the sidewalk to ensure pedestrian safety. Boulders proposed for placement in the right of way shall be of- a size and configuration approved by the City Engineer." d. Condition #58.D.1: Delete the last sentence of this condition regarding the time frame for installation of the traffic signal at Lake La Quinta Drive. e. Condition clarification regarding the connecting street be 28 feet wide. f. Condition added: The toe of slope integrity shall be protected and preserved but may be cleaned up in regard to color. .s 9 G:\WPDOCS\PC Minutes\11-23-04.doc 7 Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger,. and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None VI. BUSINESS ITEMS: A. Site Development Permit 2004-816; a request of K. Hovnanian Homes/Forecast Homes for consideration of landscape plans for Tract 20092 located at the northwest corner of Avenue 58 and Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Staff requested a continuance of the project to the meeting of December 14, 2004. 2. It was moved and seconded by Commissioners Daniels/Krieger to continue the project to December 14, 2004, as requested. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Krieger to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 14, 2004, at 7:00 p.m.- This meeting of the Planning Commission was adjourned at 7:56 p.m., on November 23, 2004. Respectfully submitted, *e. w er, Ex cutive Secretary uinta, California � �0 G:\WPDOCS\PC Minutes\11-23-04.doc 8 Department Report: j A ,IK - 5 OF �9ti TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: December 21, 2004 SUBJECT: Department Report - Response to Public Comments The following public comments were made at the December 7, 2004, City Council meeting: 1. Nicholas Murray, 49-720 Rancho San Felipe, encouraged the City Council not to vote in favor of the multi -species habitat plan, and indicated it will have an effect on some property he is looking to buy. 2. Don Rector, 46-450 Cameo Palms, suggested a traffic survey be done for the Avenue 47 and Adams Street intersection for a possible traffic signal. 3. Chicago Title and Windermere Realty representatives presented a donation for the Annual Breakfast with Santa Special Event. Council expressed their appreciation. 4. Robert Cox, 78-315 Crestview Terrace, congratulated Mayor Adolph and Council Members Osborne and Sniff on their recent election, and complimented all the candidates on a good campaign. He thanked the Police Department for the quick recovery of a vehicle stolen from his driveway, and expressed appreciation for the City's part in funding the 2-1-1 program. He provided some background on the program as to how the effort started and how CVAG became involved. 361 Department Report: two B TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager le DATE: December 21, 2004 RE: Department Report - Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During this calendar year, the City obtained $153,707 in grant awards. e California Integrated Waste Management Board The California Environmental Protection Agency's Integrated Waste Management Board (CIWMB) provided $800,000 statewide for waste tire playground cover grants. The City's proposal for a rubberized surface beneath the future water feature at the La Quinta Park was approved by the City Council on July 1, 2003. The City received notification in May 2004 of funding in the amount of $15,775. The new surface material will greatly improve child safety at the park, while reducing the number of used tires placed in landfills. f Department of Conservation The California Department of Conservation provides funding for programs that encourage recycling and litter abatement. The City Council approved the grant application for this program on April 20, 2004. The funds from this year's grant were used to purchase 17 recycle bins to be placed at various parks and venues throughout the City, 9 portable bins to be used at special events, and promotional materials made from recycled goods. The City was awarded $8,451 for this project on July 30, 2004. 3642 0 Local Law Enforcement Block Grant This program is administered by the Federal Bureau of Justice Assistance for programs that reduce crime and improve public safety. The City received funding for the years 1999, 2000, 2001, 2002, and 2003, but was not eligible this year for funding. The Uniform Crime Reporting (UCR) program is a city, county, and state law enforcement program which provides a nationwide view of crime based on the submission of statistics by law enforcement agencies throughout the country. The Distribution Formula used to determine funding eligibility is based on the average annual number of UCR Part 1 violent crimes (murder, rape, robbery, and aggravated assault) for the three most recent available calendar years for which such data is available and reported to the FBI. Each state receives an allocation and then local agencies become eligible based on their average annual number of UCR Part 1 violent crimes compared to all units of local government in the state. For purposes of comparison, the remaining Valley cities' funding amounts were drastically reduced this year, as shown below: 2003 2004 % decrease Cathedral City 42,003 17,923 57.33% Coachella 39,644 13,963 64.78% Desert Hot Springs 48,447 20,502 57.68% Indio 63,004 27,587 56.21 % Palm Desert 28,136 12,817 54.44% Palm Springs 88,781 39,727 55.25% The City of La Quinta's funding for 2003 was $19,218. Had the City received funding this year, based on the foregoing calculations, the amount would probably have been less than $10,000. Only those jurisdictions that qualify for awards of $10,000 or more receive direct awards from the Bureau of Justice Assistance. State of California Proposition 12 Funding The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (2000 Bond Act), included a Per Capita grant program of $388,000,000, and a Robe rti-Z'Berg-Harris grant program of $200,000,000. The City of La Quinta will receive a Per Capita allocation of $176,000.00, and an RZH allocation of $ 56,486. On February 4, 20031 Council allocated both amounts for the design and construction of a skate park at the La Quinta Park. The City received authorization to proceed with the project from the California Department of Parks and Recreation in April, 2 , J63 2003. Staff has, to date, submitted reimbursement claims in the amount of $64,442. The La Quinta Park Skate Park is scheduled to conduct its Grand Opening on December 17, 2004. ■r State of California Proposition 40 Funding On March 5, 2002, California voters passed Proposition 40, "The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002" (2002 Resources Bond), which includes a Per Capita grant program of $372,500,000, and a Robe rti-Z'Berg-Harris grant program of $200,000,000. The City of La Quinta will receive a Per Capita allocation of $220,000.00, and an RZH allocation of $62,172. On September 16, 2003, Council approved the grant applications. Two projects were identified, the first being the interactive water feature at the La Quinta Park, along with several shade structures for the playground area, and the City's matching funds to accompany grant funds from CIWMB for a rubberized surface beneath the water feature; and the second being replacement playground equipment at the City -owned childcare facility operated by the YMCA of the Desert. Notices to proceed were granted on October 6, 2004. A professional services agreement is before Council today in anticipation of an award of bid on the playground equipment replacement at the childcare facility. Bids for the interactive water feature are being considered by staff. 0 California Department of Transportation The 2003/2004 Bicycle Transportation Account will provide $7.2 million for cities and counties to improve safety and convenience for bicycle commuters. The City Council approved a grant application on November 19, 2002 for funding of Class II bikeways along portions of Fred Waring, Miles and Avenue 52 in the amount of $37,931. Notification was received on February 6, 2004 that our project did not receive funding. Grant requests totaled $41 million, and our project received a rating of "Excellent." The rating commission recommended we resubmit the project for future funding. The 2005/06 funding cycle begins in February, 2005, at which time the City intends to reapply. f California Department of Transportation The 2004/2005 Bicycle Transportation Account will provide $7.2 million for cities and counties to improve safety and convenience for bicycle commuters. The City Council approved a grant application on November 18, 2003 for funding of Class II bikeways along portions of Calle Tecate and Avenida Bermudas in the amount of $61,550. Notification was received on October 4, 2004 that the City did not receive funding. 3 364 f Riverside County Transportation Commission The FY 2004/05 SB 821 Bicycle and Pedestrian Facilities Program set aside an estimated $1,026,700 countywide for pedestrian and bicyclist improvements. The City applied for funding of two projects: Sidewalk improvements on Westward Ho for $25,099; and bike lane striping on Avenue 52 for $10,104. The City received notification on July 20, 2004 that both projects were approved for funding in the requested amounts. The Avenue 52 project ranked 21 st and the Westward Ho project ranked 3d out of 46 applicants. f City of Perris "Avoid the 30" The City of Perris was awarded a grant entitled, "Avoid the 30" from the California Office of Traffic Safety to fund DUI enforcement efforts in Riverside County. The La Quinta Police Department is one of the 30 agencies participating in the program. The City's Police Department has participated in the program for the last two years, and the City has been reimbursed by the City of Perris for officer overtime in connection with the enforcement operations. The funding has been extended to the 2004/2005 fiscal year, with La Quinta eligible for an additional $5,653 during this fiscal year. Claims for reimbursement are filed after the conclusion of each enforcement operation. f Indian Gaming Special Distribution Fund (SB 621) Pursuant to California 2003 Senate Bill 621, appropriations from the Indian Gaming Special Distribution Fund were to be made to certain local government agencies impacted by tribal gaming. Council approved submission of a grant application on March 16, 2004, with the Indian Gaming Local Community Benefit Committee for funding based on the City's proximity to the Augustine Casino. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's application, which included a recommendation to fund the City's request for $886,250, over a five-year period, to be applied toward salary and benefits for an additional motor officer to assist with traffic enforcement. The City received notification on June 16, 2004 of an award in the amount of $177,250, which covers the first year of funding for the motor officer. The Police Department anticipates having a motor officer ready to fill the grant -paid position by January, 2005. Because the term of the first year's grant began in June, 2004 and ends in June, 2005, the City will receive approximately $88,625 in grant funds for this first year of funding. The subsequent four years' funds have been earmarked for use by the City of La Quinta, but are contingent upon availability of future State funding. k C) 5 This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, and County governments. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. 5 DEPARTMENT REPORT:J -A 5 � 4 f tCITY COUNCIUS a G,r r UPCOMING EVENTS 51 X20, DECEMBER 17 DECEMBER 21 JAN UARY 4 JAN UARY 18 FEBRUARY 1 FEBRUARY 15 MARCH 1 MARCH 15 MARCH 17-20 SKATE PARK GRAND OPENING LA QUINTA PARK 5:30-7:30 PA& CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QU I NTA ARTS FESTIVAL 367 December 2004 La Quints City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday €E€i€Ej{y!ifEi•E !I I €':€ I€i I'i33j �' ! EEEs!E{EEi.{f!.!!!i '!IE ! `='E°`•.!'l!jii! �iEiil!i�€ :::!;sl:l!{L•!! i!!i!E ij!!'I!I jttI! !jliljii "iiiil€! ii! iilj!!I i�! 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Cmte.- 2:00 PM City Council 9:00 AM RCTC- 7:00 PM Cultural Arts 6:00 PM Employees Adolph Meeting Henderson Commission Recognition Dinner 5:30 PM Investment Advisory Board Holiday Open House 11:30 a.m. - 3:30 p.m. 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 6:00 PM League- Abate. -Perkins vation Commission Henderson 7:00 PM Planning 7:00 PM Com. Serv. Commission Comm. 19 20 21 22 23 24 25 12:00 PM Sunline- Adolph 9:00 AM CVA-Henderson 2:00 PM City Council 4:00 PM DRRA Airp- Osborne 9:00 AM LAFCO- Henderson Meeting Christmas Eve Christmas Day (City Hall CLOSED) 1st Day of Winter 26 7 28 29 30 31 ! 7:00 PM Planning Commission •� ll1E 111 { { New Years Eve '! (City Hall CLOSED) I i,illl! lifi!l!i! I! ::.::•:•:.:•:::•;.,•. •,•:,:.: •:.�:•::•:::••:•o-:; o:.:•: ;•:a n.:•.o-no-: ::.:.::•:;•:: .:.. .:..::. :::.:.: ,..::: •..::. :: :�::: •..1. 3'. i.. .. :: :! i ':I :1: i i l.i:;,'!::,._! lEF.i .i•{.3.:: {:a., '�iiil�ll3 .{ li!ili!IIiIIN .t ! f i (, { i Printed by Calendar Creator Plus on 12/16/2004 363 2 January 2005 La Quinta City Council Monthly Planner 3 4 5 2:00 PM City Council 10:00 AM ALRC Meeting 6 7 12:00 PM Mayors lunch 1 New Years Day a 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 10:00 AM Pub. Sfty- Abate. -Perkins Henderson 12:00 PM Energy/ Perkins 12:00 PM Transp•Perkins 3:00 PM Mtns. Con -Sniff 7.00 PM Planning Commission 5:30 PM Investment Advisory Board Environ.-Sniff 7:00 PM Cultural Arts 6:00 PM League- Commission Henderson 7:00 PM Com. Serv. 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 Martin Luther King's Birthday (CITY HALL CLOSED) 23 24 25 26 27 28 29 W81 7:00 PM Planning 12:00 PM Human/Conan- 9:00 AM LAFCO- ConKnission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 31 INU; i i Ij December 04 6:00 PM Exec Cmte.• ;€ „l� �€_� `€ ,' �; I I S M T W T F S 1 2 3 4 Adolph i=�ji �, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U 26 27 28 29 30 31 February 05 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 Printed by Calendar Creator Plus on 12/16/2004 %) b February LaQuinta CityCouncil MonthlyPlanner ..... ..... Sunday Monday Tuesday Wednesday Thursday Friday Saturday G i •i I if 2 3 4 5 i! i �` : €�f i ! €�# ! € '€ i�# i ii€li# #f•€E�Ef'i i i ' i' i ii ` iE,liE, �i i ;# � i i # # i • i ! €,! # i#i,(i' # !''IE 2:00 PM City Council 10:00 AM ALRC i#Ni�E# i ## � �E I� ! � € # i � `�# I # � €E#! ii` � i•iii!#��l�lj . �# . ! i`: i��j ill i ii• I �i € A.s 3f3f' €•� i'i �z i # # � . , ! .i ��# � ' • i i i!i' � ��Fi I i Ui' • if Meeting '•`•i!€#is€i# i4lil i. h, I i !',' I i €i!• I €ii;E;iEi E! i ��f, € i '�! !fi f I€�# i, , • !#i i I f iEH �' E ii€# ! i : € f' E;!iE•:`:€€i!;Ei,ilii„`sl=li,rf,;°E:!',.IEN,,:,!!.i#,�€, ,, !I,fl l€:i,j;, �.�ili�:;i,:i„i:!�':€., li„ ,.i �, .i.i�.E, 6 7 g 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 9:30 AM Animal Campus Abate. -Perkins Henderson 12:00 PM Energy/ 7:00 PM Planning 5:30 PM Investment Environ.-Sniff Commission Advisory Board 7:00 PM Cultural Arts Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp-Perkins 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Commission Osborne Henderson 12:00 PM Sunline-Adolph President's Day 4:00 PM DRRA Airp- (CITY HALL CLOSED) Osborne d 27 28 I�iiEii' €'� � ;##'�# i,, � •i. � , I �, :,#:ifs � � , '•i#i!#ifjjiii ' #�� ti�� l# �! 6:00 PM Exec Cmte. #ii#i ii !i January March iEi3 I i lii Adolph ,##,.fl. S M T W T F S S M T W T F S 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 !! ! 16 17 18 19 20 21 22 ! 20 21 22 23 24 25 26 ? 23 24 25 26 27 28 29 ## 30 31 27 28 29 30 31 I# €i. €#..l� € f •s? i Printed by Calendar Creator Plus on 12/16/2004 nn DEPARTMENT REPORT: J3 TO: Mayor and Members of the City Council FROM: June Greek, City Clerk• DATE: December 21, 2004 SUBJECT: Community Services Commission Vacancy Community Services Commissioner Tom Vaughn has submitted a letter of resignation from the commission due to the need to relocate out of the City. Mr. Vaughn was appointed July 1, 2004 to a two-year term. Staff will, upon City Council direction, prepare and place an advertisement announcing the vacancy and soliciting applications which will be placed in the Desert Sun at least twice. If time allows, an announcement will also be placed in the Chamber of Commerce Gem. 371 DEPARTMENT REPORT: Off' �p • 0000, ti5 C� OF T'9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety d •4 . DATE: December 21, 2004 RE: Monthly Department Report - November 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. Also included is the new Monthly Executive Status Report for the Municipal Library. The reports depict the following highlights: • Year to date building permit valuation is $333,421,324 which represents an issuance of 4,852 building permits through November; 0 2,152 animal control cases have been handled through November; • 1,840 code compliance cases have been initiated through November; • $1,470.00 - garage sale permit income in November; and • Monthly Executive Status Report - Municipal Library Construction Update y y rn In cD wi (�D cr co �' CD CD y aw aCA`a' a� a 0 a� S• 0 a N n n' �'• CD a 00 CD co ' No Oro CD CD a�> CL 0 W O � �. a R CA En a �• � a CL CD o El O � N O cr O N ►, O O N N 0 z 0 cn �> �4 � 4 oCD 0 o Cr IH" L—ji IA N 1-0 �D O w d J 00 y EA C N O O .P cn 00 \�O W W O-, ON 00 0 W P. W N ►-+ � W W W W W N w ON a\ `o w O O w C 10 �a - oo W W vA W- w O� 00 W P W o w. �o $0 W N N O N J w. 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Rodarte Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO Nov. 04 DATE 04 DATE 03 HANDLED DATE 04 YEAR TO DATE 03 Dogs Alive 16 307 344 Bite Reports 3 35 36 Dead 10 76 84 Animal Trap OTI 1 39 34 Set Ups 1 30 74 Cats Alive 22 219 195 Cruelty to Dead 3 68 74 Animals 0 0 3 OTI 0 6 3 Other Animals Alive 7 88 95 Vicious Animal Dead 9 95 70 Restraining 0 5 0 OTI 0 2 1 TOTAL ANIMALS Special Hour Patrols 4 52 11 Alive 45 614 634 Zoning 0 2 12 Dead 22 239 228 Lost/Found 32 454 419 OTI 1 47 38 Animal Rescue 2 20 18 Outside Agency 0 2 6 TOTAL ANIMALS REMOVED City Reclaims 8 102 144 Other 17 226 166 68 900 900 TOTALS 67 928 889 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 33 3 12 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 0 Other 0 0 0 MONTHLY TOTAL 33 3 12 YEAR TO DATE 193 5 126 TOTAL MONTHLY INCIDENTS HANDLED: Nov. 04: 183 Nov. 03: 228 TOTAL YEARLY INCIDENTS HANDLED: Nov. 04: 2152 Nov. 03: 2318 CODE COMPLIANCE STAT REPORT FOR NOVEMBER 2004 Nov. 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 106 1060 1235 Weed Abatements Started 9 75 115 Vehicle Abatements Started 29 680 708 Dwelling Abatements Started 0 15 14 * Home Occupation Inspections 10 142 141 TOTAL STARTED 154 1840 2213 TOTAL COMPLETED 100 1679 1784 Case Followups 212 3510 4823 Business License Inspections 0 1 1 Garage Sale Permits Issued 147 1559 1568 Total Received $19470.00 * Added category to section - total will calculate in January 2005 Wasituan, mc. . _ ..':..... t �a�.T=t9,�1"illi� iYpD,�i�.+�s1�Ft� ;!�`"�;,+:; '�.i„� • .5��s.� (i}j"'�.t�'tii"i�? Glendora Beverly Hills San Clemente La Quinta Las Vegas Monthly Executive Status Report City of La Quinta Municipal Library Construction Update Presented to The, City of La Quanta: December 4, 2004 For the Month of November, 2004 • Underground utilities completed • Slab on grade completed Tilt -Up Panels erected and in -place (Nov. 22 & 23) Web Cam successfully operating/being used effectively No negative community related problems/issues reported Schedule Performance Month of November, 2004 • Lost two days due to rain (Change Orders # 4 & 5 Rain Day Credits / 0 monies involved) • Lost three days due to holidays (Veteran's Day, Thanksgiving, & Day after Thanksgiving) Schedule Performance Project To Date • Original Completion Date: June 16, 2005 • Revision Schedule # 1 July 8, 2005 • Revision Schedule # 2 • Revision Schedule # 3 June 27, 2005 June 30, 2005 • Forecast of making up days during wood framing activity, therefore: • Forecast Completion Date: June 16, 2005 Budget Performance Project To Date • Original bid: $5,794,018 • Plus Contingency (5%) $289,700 • Total Budget (original bid plus contingency): $6,083,718 • Change Orders (3) : o $7,923 (vault relocation) o $23, 228 (underground duct work not included in arch. plans) o <$6,245> CREDIT (crushed rock) o Total net change orders: $24,906 • Current cost commitments (original bid plus change orders): $5,818,924 • Contingency usage to date: $24,906 • Contingency budget remaining: $264, 794 • Current commitments as % of Total Budget ($6,083,718) 95.6% Safety Performance Project To Date • No Lost Time due to injuries or safety violations to report upcoming Month Priorities/Key Activities (December, 2004) • Structural Steel Columns currently on -site • Glue Laminated Beams currently on -site • Rotunda steel being erected • Steel framing to begin/wood framing to begin '17 7 A DEPARTMENT REPORT: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE, CITY MANAGER/ INTERIM COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 21, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF NOVEMBER, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of October. PAMonthly Report Folder\November 2004.doc 373 1 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT NOVEMBER 2004 PROJECT DESCRIPTION Conditional Use Permits 1 submitted Development Agreements 0 submitted Environmental Assessments 1 submitted General Plan Amendment 0 submitted Lot Line Adjustments 4 submitted Minor Adjustments 1 submitted Minor Use Permits 14 submitted Parcel Maps 2 submitted Parcel Mergers 2 submitted Sign Permits 8 submitted Site Development Permits 0 submitted Specific Plans 0 submitted Tentative Tract Maps 2 submitted Temporary Use Permits 11 submitted Village Use Permits 0 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted TOTAL 45 NEW CASES SUBMITTED INSPECTIONS AND PLAN CHECKS Cove Checks 4 Inspections completed Subdivision Plan checks 49 performed PAMonthly Report Folder\November 2004.doc ��3 O J C U V- N }+ O a_ a_N� E O ` 0 E > � >>>> a a o O a. 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ON +l � N CN i Lo I M XM m p Lo __ (o CL 00 00 y, mod' E ca't �� 'U� W� 20 N 0) pM O O E0 C CL0 00 coo 50 N �T- O cn0 00 M N N �Q >N p�N �M s C EN C� �� E �Q .CQ Occ »Q O� W U F- — � W OC 1- Eel 0 CL r c 0 d 06 6 383 Z O o 75 L U C o Z O 00 N N �- I U CL o 0 U co c_ '� L +- -1 > O u N O U L Q i•-f � L 4-1 0 V -0 _O (D o c > CD o Q U N N 0- O cn n- c O C o Cc CO o cu 0 co L C '*� N 'N C .0 L N c 0 cv — .a N m Cr (D U :+ O" U- U O(DC Z OTC U LU o O '4 X a '> a O (DL M C7 E L N N Lo +j �a.. -CM m � .c OC t 0 a a� r c 0 a 07 2S4 0 W cc Ch D Q H V W Ml O cc CL J Q C) W CL U) C O _�w LO O It O M O �- E o M N 0 �LO O CD CN co y N �-- i, CO co O .O O � E o zo-O, o O 0 co co rn aco c O cv E Q + o O I� 0 ccnn 0 ct 0 C 0 00 co 00 0, V Lf) M r-- +r E a� w .� 0 cn v 'y 0 -C -he as .p :3 0 0 c C M a) cn C C CL -v m aci QC7�00 J J C cn C 0 = O 7 H C CL a) +, O C� 0 C .� c U rn c U- C J C �C O o� U O .q It 0 0 N t O CL a) L O a 0S J85 TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY C0 1L DODIE HORVITZ, COMMUNITY SERVICES DIRECTOR DECEMBER 21, 20l?4 TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPQRT FOR THE MONTH OF NOVEMBER 2004 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JAN UARY 2004: Jan 7 *Pilates Class Jan 10 *Hatha Yoga Class Jan 10 *Watercolor Class -Intermediate Jan 10 *Stained Glass Jan 11 "Watercolor -Beginning Jan 11 *Arthritis Tai Chi Jan 11 *Knitting Class Jan 11 *Bridge Lessons -Intermediate Jan 12 *Bridge Lessons -Advanced Beginners Jan 12 *Bridge Lessons -Advanced Jan 12 *Beginning Conversational Spanish Jan 12 *Advanced Beginning Conversational Spanish Jan 12 *Sketching/ Drawing Class Jan 13 *Beginning Bridge :Lessons Jan 13 "Ballroom/ Swing & Latin Dance Lessons Jan 13 *Tai Chi Jan 14 *Beginning Rug Hooking Jan 18 *Tap Dance Class Jan 18 *Dog Training Workshop Jan 18 Belly Dancing, La Quinta High School Jan 18 Adobe Photoshop:Advanced, Senior Center Jan 18 Yoga Electica, Senior Center Jan 18 Tai Chi Class, Senior Center Jan 18 Beginning Guitar, Senior Center Jan 18 Italian for Travelers, Senior Center Jan 18 Acrylic Paining, Senior Center Jan 18 Hip Hop Dance Class, La Quinta High School Jan 18 Tap & Jazz Combo, La Quinta High School Jan 19 Yoga Somatica, Senior Center t� s Jan 19 Fly Fishing 101, Senior Center Jan 20 *Chili Cook -Off Luncheon Jan 20 Adobe Photoshop Introduction, Senior Center Jan 20 Dance, Play, and Pretend, La Quinta High School Jan 20 Beginning Ballet, La Quinta High Sch000l Jan 20 Belly Dancing, La Quinta High School Jan 20 All Aspects of Interior Design, Senior Center Jan 24 Ballet Workout, La Quinta High School Jan 24 Classic! Latin Ballroom Dance, La Quinta High School Jan 24 Boxing Class, Senior Center Jan 24 Young Samauri, Senior Center Jan 24 Kickboxing Bootcamp, Senior Center Jan 24 Decorative Faux Painting, Senior Center Jan 24 Master Skateboarding, Fritz Burns Park Jan 24 Microsoft Word Computer Class, Senior Center Jan 25 Acting for All Ages, Senior Center Jan 26 Beginning Computers, Senior Center Jan 27 313 Modeling and Animation Computer Class, Senior Center Jan 27 Acting for Children, Senior Center *Daytime Senior Center dass or activity 387 Monthly & Yearly Revenue for the Month of November 2004 Uo%nfhlu Djawan..e _ Rsar-ility Ran'1ata 2004 2003 Variance Senior Center $ 2,018800 $ 2,080.00 $ 62.00 Parks $ 500.00 $ 400.00 $ 100.00 Monthly Facility Revenue $ 2,518.00 $ 2,480.00 $ 38.00 Year to Date Facility Revenue $ 15 389.00 1 $ 15 915.00 1 ; 526.00 Monthl Revenue Senior Center $ 7,741:00 $ 9,422.50 $ 1;681.50 Community Services $. 2,107.00 $ 1,513.00 $ 694.00 Total Revenue ; 90848.00 $ 101935.50 $ 10087.50 Rauanue Year to Date Senior Center $ 37,104.50 $ 42,926.00 $ 5,821.52 CommunityServices $ 47,517.00 $ 499763.00 $ 246-0221 Total Revenue to Date $ 84 621.50 $ 92689.00 $ 89067.50 J88 Program Community Services Department Attendance Report for the Month of November 2004 Summary Sheet 20" 2003 Variance Sessions Per Month 2ned 2003 Leisure Classes 80 56 24 37 18 Special Events 391 258 133 4 3 Adult Sports 432 491 -59 18 18 Senior Center 1192 1399 -207 105 107 Total 2 095 21204, 409 164 146 Senior services Senior Center 242 478 -236 16 16 Total 242 478 -236 16 16 Sports User Groups La Quinta Park Use AYSO 1100 980 120 20 20 Sports Complex Desert Storm Baseball Club 14 0 14 13 0 La Quinta Heat 14 0 14 9 0 AYSO 400 420 -20 17 17 Facility/Park Rentals Senior Center Private Pa 600 400 200 4 2 Church 000 690 -90 8 10 Park Rentals La Quinta Park Rental 320 280 40 8 7 Fritz Bums Park Rental 80 40 40 2 1' Total 39128 2 810 318 81 57 Total Programs. 5,465 5,492 27 2611 219 vnhintsjor 14mare Senior Center 285 432 -147 Total Volunteer Hours 285 4321 447 J8� Community Services Program Report for November 2004 200d 2003 Participants Participants Variance Meetings Meetin s Leisure Classes Intermediate Belly Dance 5 0 5 5 0 Line Dance 6 14 -8 3 3 Classic/ Latin Ballroom Dance 13 0 0 5 0 Hip Hop Dance Teen 2 0 2 5 0 Beginning Ballet 8 0 8 1 0 Dance; Play & Pretend 7 0 7 1 0 Yoga Somatica 4 0 4 1 0 Yoga Electica 10 14 4 2 1 Self Defense 2 0 2 4 0 Microsoft Excel 9 0 9 2 0 Intermediate Computers 6 0 6 3 0 Guitar Level 2 8 0 8 5 0 Totals 80 28 39 37 4 9nnd 2nn- 2nnd 2003 Participants Participants Variance Meetings Meetings Special Events Carlsbad Village Faire Excursion 22 17 5 1 1 AI odones Excursion 24 0 24 1 1 La Quinta High School Pre -game Jam 175 0 175 1 1 Veterans' Day Tribute 1701 225 -55 1 1 1 Totals 3911 2421 149 41 4 Iona 2nn3 2WA 2003 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 212 271 -59 16 14 Adult Soccer League 220 220 01 2 4 Totals 432 "1 -591 Is 18 Recreation Totals L281 761 -01 58 25 V 90 Ranier Center Attendance a cIpation-Pawticleation Variance m s MeetiPs Senior Activities ACBL Bride Bridge, Duplicate/Social Monthly Birthday Party Monthly Luncheon 268 623 20 85 164 620 34 77 104 3 -14 8 3 20 1 1 5 14 1 1 Movie Time 30 73 -43 7 7 Senior Activity Total 926 868 58 32 28 Senior Leisure Classes Ballroom Dance 18 47 -29 4 6 Bridge Lessons 35 38 -3 12 4 Computer 44 53 -9 9 13 Computer Tutor 3 4 -1 3 4 Dog Training Class 11 12 -1 4 4 Exercise 40 48 -8 13 13 Golden Tones 39 25 .14 4 4 Pilates 10 0 10 4 0 Quilting 20 27 -7 3 4 Rug Hooking 4 1 3 3 1 Sketching/DrawingSketching/Drawing 10 5 5 3 3 Tai Chi 10 29 -19 4 6 Watercolor 12 25 -13 3 4 Yoga 10 10 0 4 2 Senior Leisure Classes Total 266 324 -58 73 68 TOTAL SENIOR PROGRAMS 1192 1192 0 105 96 Senior Services HARP "55" Course 28 36 -8 2 2 FIND Food Distribution 130 339 -209 5 4 I. I. D. Energy Assistance 48 36 12 6 7 I. I. D. Energy AssistancetNo fee 2 2 0 2 2 Legal Consultation 8 12 -4 1 1 Volunteers 26 53 -27 n/a n/a TOTAL SENIOR SERVICES 242 478 236 16 16 SENIOR CENTER TOTAL 1434 1670 -2361 1 211 112 j91 DEPARTMENT REPORT: O o4 � o V rY ti5 OF T9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: December 21, 2004 RE: Public Works/Engineering Department Report for November 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; 5. Response to public comments concerning restricted parking in the Village. T mothy R. ona n ublic Works DitorEngineer Z W Z Q 5a Cy W g0 U. �3 V J M a i J Z W v W W W U) W N H V R � P G g" 3 3g R X� a j¢ 'f M` w 3 ��$ F flg- F 63 a } . 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O " L !I �. 00 OI N N cor- E O Rt m ~ m � CN O a) cc: O O O O O O Rt O r- (n 00 U c0 cM 00 O O O O p r- r- cr O O O O O O O Ln N Ln LO LA d' d• O 00 .- r- M m LO I� Cn N d' CD (M ('M 00 �t +� O J C -a coM 3: Ln O C _ N O ca O O y C Q a) N co o � c N a ch to a) N a cn co c E ++ cn m + N °' °' ° a E C O L E O E .o a0i °' a� Lr- C LO E M m 0 p c6 Q p N a) U a) C C (n E in c O O O O - > c v > +� +r > N > cv O cv v I- L > N0o. coca �•o mOL oa cn >�� o a� a)a L}L.� 9 �J 0a U) cn mQ cna �••�2 Z� Q MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: November, 2004 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activi 4 Men 4 Men 2 Men 1 Man Total 1000 Poicin ns ection 40 43 0 16 99 1001 Pot Hole -Repair/Patching 44 541 0 1 99 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Matld a ends 0 0 0 0 0 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 7 7 0 0 14 1007 Curb & Gutter Re air/Const. 0 5 0 0 5 1008 Other Concrete Re airs/Const. 0 3 0 0 3 1009 Street Si Install New 8 16 0 0 24 1010 Street Si Re ir/Maint n 44 83.5 0 1 128.5 1011 Debris Removal 11 29 0 1 41 1012 Right of Way Maint. 48 11 9 1 69 1021 CLEAN Catch Basin Inlet/Outlet 0 0 0 0 0 1022 Rondo Channel OudeVVauft 0 0 0 0 0 1022A Desert Club OutleWauft 0 2 0 0 2 1023 S.D.! D.W./C.B. Repair/Maint. 0 20 0 1 21 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 96 0 0 0 96 1026 Street Sweeping Hand 0 1 0 0 1 1027 SidewakfBike Path Cleaning 0 0 24 0 24 1028 Dust Control 0 0 0 0 0 1029 Flood Control 22 21 26 5 74 1031 Parks/Retention Basins Ins ion/Clean- 2 40 76 0 118 1041 Mowing/Weeding, Shrubs & Tree Trimmin 9 18 0 0 27 Landsca efirri lion Contract Mana me 0 0 93 13 106 11051 1052 Li lectrical Contract Management 0 0 0 12 12 1061 Small Tools Repair/Maint. 2 0 0 0 2 1062 Equipment Repair/Maint. 2 13 0 0 15 1063 lVehicle Repair Maint. 0 3 0 0 3 1081 Trash/Litler/Recycable Removal 0 1 0 0 1 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 61 13 11 0 85 1084 Maint. Yard Building Maint. 19 7 0 0 26 1085 SeminarslrraiNn 0 0 0 20 20 1086 S cial Events 01 0 18 0 18 1087 Citizen Complaints/Requests 101 33 9 0 143 1088 Meeting 6 4 4 20 34 1089 Office Phone, paper work, reports, Misc.) 6 25 2 45 78 SUBTOTAL 528 452.5 2721 136 1388.5 1091 Over Time 15 38.5 30 0 83.5 1094 J D 0 0 0 0 0 1095 1 Sick Leave 0 19.5 0 0 19.5 1096 lVacation 16 8 0 0 24 1097 Holiday 96 96 48 24 264 1098 Workman Comp. 0 32 0 0 32 1099 AWOP 0 32 0 0 32 SUBTOTAL 127 226 78 24 455 TOTAL HOURS 655 678.5 350 160 1843.5 TOTAL MILES 1 24291 23801 1233 _2731 1 6315 v n� 4 MEMORANDUM TO: The Honorable Mayor and Members of the City Council bh- FROM: Wmothy R. Jonasson, Public Works Director/City Engineer DATE: December 21, 2004 RE: Response to public comments concerning restricted parking in The Village At the November 16, 2004 City Council Meeting, Joan Beavers of Postal Mania, requested restricted parking on Avenida La Fonda in front of her business at the west end of the street. The subject of restricted parking has previously been brought to the City Council's attention for Avenida La Fonda. The primary issue with restricted parking is the cost of law enforcement that would be necessary in order to enforce the restricted parking. The City currently has no funding source for a parking enforcement officer. The Village businesses may need to create a parking district in order to fund these costs. Another issue is the conflicting parking time limits required for different businesses in The Village such as restaurants versus shops. Without a consensus from all of the businesses in The Village, staff is reluctant to recommend restricted parking for one business at the expense of another. J99 DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT November 2004 100 City of La Quinta La Quinta Police Department Captain John Horton, Commanding November, 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Monday.11-01-04 (58): 0900 hrs-Deputies Hernandez and Knight responded to the 52000 block of Ave. Hererra and arrested Hiedi Warner (23 years) for a felony possession of a controlled substance warrant. After getting a medical clearance to book, she was booked into the Indio Jail. 0930 hrs-Deputy Reynolds responded to the La Quints soccer field to investigate a vandalism call. Upon his arrival, he found about $16,000.00 worth of damage done to the lights at the park. About 10 lights around the field and 10 lights around the snack shack were damaged. It appeared the suspects, used some sort of metal rod or pole to cause the damage. According to witnesses the damage occurred sometime between last Saturday night and today at about 0900 hrs. Sgt. Jimenez notified. Tuesday.11-02-04 (57): 2010 hours- Dep. Leary responded to the 51000 block of Ave. Vallejo in reference to a domestic violence call. Imelda Valenzuela said she her husband were arguing about his refusal to take medicine for an ear infection when he backhanded her across the face. She placed him under citizens' arrest for battery on a spouse. Wednesday,11-03-04 (56): No significant activity to report. Thursday,11-04-04 (59): No significant activity to report. Friday, 11-05-04 (90): No significant activity to report. Saturday,11-06-04 (71): No significant activity to report. Sunday.11-07-04 (50): 0018 - Deputy Donivan arrested Christian Sommer (31) for DUI at Avenue 47 and Washington after a traffic stop..108 on the PAS, suspect chose blood. 0802 hours, Deputy Hernandez and Deputy Knight, handled an unattended death on the 78000 block of Napels Street, in La Quints. The decedent, Marr Murphy (86), was found on her bed and appeared to have died of natural causes while asleep. No signs of trauma were found on the body. The coroner was notified but did not respond. 1247 hours, Investigator Munoz arrested Nora Michelle Thomson (23) for commercial burglary at the Walmart, in La Quinta. 1655 hrs-Deputy Dusek responded to investigate a vehicle burglary. The victim, Cynthia Sjoquist is a detective with the CATCH TEAM. According to Sjoquist an unknown suspect(s) smashed out the front passenger window of her personal vehicle and stole a green handbag from the rear seat. The bag contained a loaded 9mm Sig Sauer P228 pistol, handcuffs, 1- loaded, high capacity magazine, Bushnell Binoculars and a departmental digital camera. The burglary occurred sometime between 11/5/04 -21300 and 11/7/04- 1500 hrs. 0200 - Deputy Orr arrested Kathleen Emily Clark (53) for public intoxication after responding to the 78000 block of Torino for a disturbing the peace. Tuesday.l1-09-04 (54): 0256 -Deputies responded to a burglary on the 77000 block of Calle Mazatlan (Santa Rosa Cove). Suspect(s) smashed a rear sliding glass door facing the golf course. A purse was taken from the kitchen table. There was a delay of 20 minutes while victim called Santa Rosa Security before calling RSO. 1421 hours- Deputy Burns arrested Hector Milan for burglary at Home Depot in La Quints. Milan stole several flashlight batteries. Milan admitted entering the store with no money and with the specific intent of stealing the items. 1130 hours -Deputy M. Covington arrested Jesus Ham and Randy Maroquin for possession of a controlled substance, receiving stolen property and being parties to a criminal action, during a vehicle enforcement stop at SR 111 and Dune Palms. The subjects were found in possession of methamphetamine, stolen checks, and counterfeit currency. Wednesday,11-10-04 (66): 2120 Hours- Deputies responded to a vandalism call at the Westward Ho Park in reference to lights being broken. Witnesses advised that juveniles were suspected and that they were last seen walking NB thru the park. Inv. Baur located the three suspects on Desert Stream and Bridgette. SET Team members Coleman and Wedertz took over the investigation and transported the juveniles to the station. During the interviews, two of the suspects admitted to breaking the lights on 10-31-04. Total damage is estimated to be $16,000.00. Thursday.11-11-04 (86): 1015 hrs- Cpl. Perez responded to the Target Department Store regarding an employee embezzling $380.00 from the register. Derrick Johnson admitted, under Miranda, to taking money from the register. He was arrested and booked for embezzlement. 1108 hrs- Dep. Celeya was conducting an area check for Daniel Ysiano on the 84000 block of Sundown, Coachella. He saw a red Ford F 150 in front of the address with an ATV in the bed of the truck. Dep. Celeya contacted Julio Chaidez as he was leaving Ysiano's residence. The ATV was found to have been stolen from the city of La Quinta. Chaidez stated he knew it was stolen and he was arrested and booked into jail for receiving stolen property. Friday,11-12-04 (68): 1940 hrs- Deputy Bianco responded to SR 111 and Dune Palms to investigate a three -car traffic accident. A green Ford pick-up traveling west on SR 111 ran the red light at Dune Palms and collided with a gray Chrysler Van that was traveling south on Dune Palms from SR 111. The collision forced the pick-up to spin and collide with a silver Infiniti that was stopped at the signal light on eastbound SR 111 at Dune Palms. The driver in the Infiniti sustained an injury to her left foot and was transported to JFK by AMR. 40 All three vehicles needed to be towed away. At the hospital, it was discovered the injured person had a fractured and dislocated small toe. Saturday.11-13-04 (61): 2135 hrs-Deputy Krachman responded to the 49000 block of Lago in the city of La Quinta to investigate a home intrusion robbery. Upon arrival, he met with the victims Claude Gayer (87) and his wife Juanita Gayer (88). According to the victims, two armed male suspects entered their residence and bound their hands and feet with duct tape and electrical cords. The suspects were armed with a crowbar and hatchet. One of the suspects forced Claude Gayer into one of the bedrooms and threatened to harm him if he did not give the combination to the floor safe. They entered his safe and took about $5000.00 in cash and $50,000.00 worth of jewelry. While the victims lay tied up, the suspects rummaged through the residence and stole other items. Suspect #1-is described as either a white or a light skinned Hispanic male about 30- 35 years old, about 5'-10", 140-145 lbs with a thin black mustache. He was wearing a black shirt with a hood over his head, black pants and white "Fila" shoe. His face was covered with an unknown colored bandana. He had a circular shaped tattoo on the top portion of his right hand between his thumb and index finger. Suspect #2-was described as either a white or a light skinned Hispanic male about 30-35 years old, 5-08, about 150 lbs. He was wearing a light gray shirt with a hood covering his head and black pants. His face was covered by an unknown colored bandana. Both subjects exited the residence by the rear door and fled on foot across the golf course. The area was thoroughly searched by patrol deputies and the CHIP helicopter, however, the suspects were not located. Both victims sustained cuts and bruising to their arms. They were treated by AMR at the residence. Claude Gayer also had a bruise to his face from being hit by one of the suspects. Lt. Walker was notified, Forensic Tech. Burdo, Inv. Nagels and a TIP counselor responded to the scene. Sunday,11-14-04 (43): Deputy Dusek responded to the 52000 block of Ave. Juarez in reference to an unattended death. William Weber (91 years old) was discovered deceased by Lois Marcum at 6:10 pm. Weber has had a history of congestive heart failure and complications with diabetes. It appeared Weber died from natural causes. Monday.11-15-04 (65): 1315 hours, Deputy Alvarado handled a traffic collision at the La Quinta Triple A. The driver, Susan Bullers (42), was attempting to park her vehicle in front of the business and stepped on the gas pedal rather than the brake. Her vehicle lurched forward, onto the sidewalk striking a pedestrian, Betty Lee (61). The vehicle's forward motion pinned the pedestrian into the glass pane window. The pedestrian was seriously injured. Sgt. Trevino responded to the scene and provided a sound bite for the media. She also prepared a press release. 1730 Hours: Deputy Martinez handled an unattended death on the 51000 block of Velasco, La Quinta. Harold D. Harris, 83, had returned home today from a hospital stay for a urinary infection. He had just finished dinner with a family member and was being walked to the living room when he collapsed. RCF responded and were unable to revived. The coroner was notified and did not respond. Sgt. Blackwood responded and took photos. No signs of trauma or foul play scene. 1930 Hours: Deputy Vanderhoof responded to the Walmart Store in La Quinta in reference to a theft. While he was at the store investigating a shoplifting case, he was alerted by loss prevention to an employee taking a video camera from the store. Loss prevention officers detained the employee, Adrian Lopez, 22, of Coachella. Lopez admitted to the theft and was arrested and booked at the Indio Jail for Embezzlement. Tuesday,11-16-04 (68): 2330 - Deputy Orr conducted a vehicle check behind Radio Active in La Quinta and discovered it was a stolen vehicle. The driver, a minor, was arrested for receiving stolen property and vehicle theft. The driver was booked into the Indio Jail. 4 L 3 1445 hours, Deputy Celaya arrested Vicente Valle (27) for possession of a controlled substance and possession of drug paraphernalia, during a vehicle stop at Calle Nogales and Eisenhower Drive. 1451 Hours: Deputy Hernandez responded to the 53000 block of Rubio, La Quinta in reference to a missing child. The La Quinta Middle School student did not return home from school. The parent called and stated that the 12 year -old was last seen leaving the middle school campus by other students. It was later determined that the child had been caught in a theft at the school during the day and his parents were notified He had also told a classmate that he was going to run away to his mother's home in Cathedral City. Cathedral City Police assisted in the search of the residence in their city. At 1930 hours, determined to be a runaway. All appropriate computer entries were made. 2130 hours: The missing child called from the Esmeralda Hotel in Indian Wells and told his dad he wanted to come home. Father picked him up. Removed from computer as runaway. 2016 Hours: Deputy Dusek responded to Washington St. and Highland Palms in La Quinta in reference to a non -injury traffic collision. It was determined Karl Robert Knudsen, 67 years of Indio, was SB on Washington Stand ran into the vehicle stopped for the red light at Highland Palms. Knudsen was determined to be under the influence on alcohol pas..16/.14. Knudsen was taken to JFK where he received an "OK" to book and was transferred to the Indio iail. Wednesday.11-17-04 (70): 1400 hrs. Dep. Hernandez met with Adabel Martinez at the La Quints Community Policing Office (CPO) regarding an assault with deadly weapon. The suspect is identified as Elizabeth Salas, 20. The suspect went to her ex -boyfriends house on the 77000 block of Calle Hildago where she stopped her vehicle. Martinez was standing in the street and Salas exited her vehicle and struck Martinez in the head three times with a Pepper Mill. The victim is requesting prosecution. Thursday,11-18-04 (76): No significant activity to report. Friday,11-19-04 (71): 0943 Hours: Deputy Reynolds conducted a traffic stop at Fiesta Dr and Jefferson Street He arrested Alfredo Amador for possession of a controlled substance. He had 1.5 grams of methamphetamine. Amador was booked at Indio Jail. Saturday,11-20-04 (71): No significant activity to report. Sunday.11-21-04 (72): Numerous road closures occurred in the City of La Quinta due to heavy rain. Washes at Jefferson, Adams and Dune Palms closed due to rapid water flow. Washington and Ave 50 intersection closed. 1245 hrs. Dep Garcia responded to Senator Battin's house on the 78000 block of Avenida Nuestra. His van had been broken into and Sen. Battin's wallet was taken from vehicle. The wallet contained three credit cards, CDL and Senator Battin's flat Senator badge and ID card. Sen. Battin was notified by his credit card company that someone had been using his credit card at Target Dep. Garcia went to Target and they had taken possession of Sen. Battin's credit card when they became suspicious about too many purchases being made by the same person in one day. A photograph and videotape was provided to Dep. Garcia, as well as a license plate of a vehicle registered out of Indio. Deputies went to an address on the 80000 block of Ave 46, Indio and located the vehicle at the mobile home. Inside the owner of the vehicle, Christina Quevedo �L4 was located as well as her boyfriend Angel Hernandez. Also located at the residence was an "X-Box" game, still in the box, which was one of the items purchased on Sen. Battins credit card. Quevedo and Hernandez were asked to come down to the station, which they agreed to. Prior to getting into the unit, Dep. Garcia located methamphetamine on Hernandez. As he was placing Hernandez in the car, he saw a third individual that he recognized from the photos from target. He arrested Jose Perez, 29, for fraud and all three subjects were brought to the Indio Station. Angel Hernandez gave a false name and it was determined that his true name is Louis Angel Medina (23). Medina was booked into the Indio Jail for possession of a controlled substance. Jose Perez Jr. (29) was booked into the Indio Jail for fraudulent use of a credit card, burglary and receiving stolen property. Sen. Battin's flat Senator badge was recovered on the 52000 block of Ave. Martinez by Dep. JC Garcia and returned it to Sen. Battin. Monday.11-22-04 (50): 0452 - Deputy Orr arrested Adrian Navarro Gallegos (27 years) on the 53000 block of Ave Martinez for misdemeanor drug charges and domestic battery warrants after he responded to a report of forced entry and vandalism Tuesday,11-23-04 (57): 1930 hrs - Deputy Vanderhoof responded to Washington S/O SR 111 in reference to a two -car traffic collision. Upon arrival, he met with the drivers, Cesar Torrez (21) of La Quints and Jay Mansella (29) of La Quints. The investigation showed that Torres had rear -ended Mansella's vehicle. None of the occupants had sustained any injuries. Torres was found under the influence of alcohol and arrested for driving under the influence of alcohol and booked into the Indio Jail. His BAC was .10. Wednesday.11-24-04 (69): 0654-Dep. Burns responded to Avenida Vallejo in La Quinta regarding a rape. The victim had gone to party at the location at app. 2100 hours. The victim had never been to the residence and did not know the suspect. SINFO- HMA, 30yr, No facial hair, short brown hair, last seen wearing a plaid shirt. Thursday.11-25-04 (62): 0845 hrs- Dep Alexander responded to Home Depot regarding a shoplifter in custody. The suspect was identified as James Patrick Aguilar who had prior conviction for receiving stolen property and was on Parole. Aguilar was arrested and booked at the jail for petty theft with a prior and a parole violation. 1040 hrs- Dep. Adams did a vehicle stop on a 1980 Yamaha motorcycle for driver without a helmet. The driver identified himself as Jose Jimenez of Thermal. The Vehicle Identification Number on the motor- cycle was unreadable. After Dep. Adams ran the engine number the vehicle showed up as stolen out of La Quinta in October. Jimenez was arrested and booked for vehicle theft and receiving stolen property. After being asked, prior to going in the jail, Jimenez confessed to having methamphetamine concealed in his sock. He was additionally charged with possession of a controlled substance. 2117 hours- Dep. Alfaro handled a robbery/ purse snatch, from the Walmart store. The victim, 67 yrs, was pulled to the ground and her purse was removed. The suspect tripped and dropped the purse. The suspect dropped his cell phone and fled in an older model Datsun 280Z. The purse was recovered and the victim sustained minor injuries. Through investigative work by Dep. Alfaro, he learned that the phone returned to a Ruben Avina, a parolee, of the 46000 block of Clinton. Units checked the apartment at 2330 hours and were UTL. The victim could not pick Avina out during a photo line-up while at the Indio Station. A "BOLO" was sent out on the vehicle and the suspect. The second suspect is only described as a Hispanic male Friday,11-26-04 (33): No significant activity to report. Saturdav,11-27-04 (74): 1940 Hours: Deputy Dusek arrested a minor for burglary at the Super Walmart store. The minor was caught by loss prevention officers for having filled his backpack with food and clothing and leaving the store. Sunday.11-28-04 (78): 0136 - Deputy Gaunt arrested Cole Mecray (32) for DUI after Mecray collided with a traffic signal at SR 111 and Washington. Mecray refused chemical test and required and OK to book. Monday.11-29-04 (70): 0051 - Deputy Donivan/Deputy Burk arrested Joe DeLaRiva (39) at Washington and Ave 48 for resisting arrest and possession of an open container after DeLaRiva exited his car and continued to approach them after being told to stop. DeLaRiva was extremely agitated and had to be subdued with pepper spray. Passenger Dominic DeLaRiva (33) was arrested for public intoxication. Both subjects were very verbal during the stop and were uncooperative. 0152 - Deputy Orr responded to the 44000 block of Carman for a report of several suspects trying car doors in the neighborhood. Deputy Moore found the suspect vehicle and initiated a stop at Genoa and Torino while Deputy Orr found one of the suspects walking in the neighborhood. Deputies located numerous property items taken from several vehicles, including a CHP MDC taken from an off -duty CHP officer's car. One of the suspects admitted to walking through the neighborhood in north La Quinta checking for vehicles that were unlocked, then taking property from the unlocked cars. The driver, a minor, and Tony Lopez Sanchez (25) were booked for grand theft, receiving stolen property and conspiracy. One suspect is still outstanding. Property was returned to (4) victims, including the CHP officer. Tuesday.l1-30-04 (76): No significant activity to report. Total calls for service: 1935 40 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS NOVEMBER 2004 Prepared By: Deputy Dave Adams V , ...... .. :'e A Speed Violations Fail to Yield Turning Violations Calls for service & B/U' Red light / Stop sign Child Seat Violations 90 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest warnings 0 1 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 15 1 9 14 5 2 3 16 0 16 13 0 66 5 20 0 HIGHLIGHTS 407 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT NOVEMBER 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position School Session: HIGHLIGHTS Theft of a cell phone from a student's backpack. Spoke with a 6t' grader and parent regarding truancy issue. Spoke with student and parent regarding inhaling aerosol cans. Cited La Quinta high school student for truancy and another for returning to campus while on suspension. Battery on school grounds. Student was suspended case sent to Juvenile DA. Spoke with 3 students regarding putting items in the roadway. Issued two truancy cites. 4 6 3 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT November 2004 School: La Quinta High School Deputy: Robert Brooker 6- Criminal Reports 9- Non Criminal Incidents 8- Arrests 2- DA Filings 1- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Pedestrian Checks School Session: November lst through November 30th, 2004 Highlights: ➢ This period of time included Veterans' Day &x Thanksgiving Holidays. ➢ During this month I assisted the school staff with school related problems, and parents who are having problems with their high school age children at home. In most of those cases I referred the parents and students to the Student Assistance Program at the District Office, or conflict mediation at the school site. ➢ I handled several cases of truancy, batteries at school, and lost property. Theft from the boys &t girls locker rooms, while the students are on the PE field, continues to be a huge problem. The students are unable to properly secure their belongings due to the lack of adequate lockers, and the locker rooms remain unlocked for restroom access. The replacement of all gym lockers, along with a full time locker room attendant is the only solution to this problem. ➢ Over a weekend an unknown suspect gratified a total of 43 windows throughout the school by etching the glass, causing about $4300 in damage. I have solicited the assistance of all the other SROs in the valley, and the gang task force in identifying the tagger by its moniker of CREATER. Cameras on campus surely would be a deterrent, and assist in our investigations during school hours, and after. ➢ A female student, and her mother, reported to me that a Desert Sands School District substitute teacher purchased alcohol and furnished it, along with marijuana, to several other female students after taking them to his house. This case was turned over to the Indio Station Investigative Bureau for additional investigation. 4!'�9 La Quinta Police Department Special Enforcement Team Monthly Report November., 2004 (Dep. Coleman, Dep. Olsen, Dep.Wedertz, Dep.. Bolton) The following is a summary of the Special Enforcement Team activities for June. **************************************************************************************************** Ongoing Investigations 3 Probation Searches 4 Parole Searches 0 Arrests/ Filings 3 Vehicle checks 13 Business Contacts 8 Investigation assists 9 Arrest Warrants Served 0 Arrest Warrants Attempted 4 Programs 1 Pedestrian Checks 12 Crime Prevention Hours 100 Bar Checks 6 Back-ups 11 Follow-ups 23 Search Warrants 0 Meetings 0 Recovered Stolen Property 1 Citations issued 0 Surveillance's 2 Property Checks 11 Civil Commitments 0 Bicycle Time 0 Training Hours 24 Illegal Drugs Seized 0 Total Mileage: 805 miles 410 Noteworthy Accomplishments: ♦ Arrested 3 male juvenile for vandalism at the park located at Westward Ho and Adams. ♦ Above 3 juveniles confessed to committing vandalism at the same park on 10-31-04, causing approximately $16,000 dollars in damage. ♦ Assisted Sheriffs investigations reference escaped 187PC-suspect Steven Sanchez. Conducted surveillance and follow-ups reference this incident. ♦ Assisted Sheriff's investigations and the Coachella District Team reference theft of mail, and fraudulent use of credit cards and checks. Several of the victim's resided in the city Of La Quinta. A search Warrant was conducted at which time property from a La Quinta burglary was recovered and returned to the victim. 41.E CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler NOVEMBER 2004 Summary of Months Activity Type of Activity Number of Incidents Burglary Investigations 12 Grand Theft Reports 3 PettyTheft Reports 11 Vandalism/Malicious Mischief Reports 10 Vehicle Theft or Recovery Reports 3 Traffic Collision Response 16 Vehicle Code or Parking Citations 10 Abandoned Vehicles Tagged w/ Waming 11 Towed Vehicles 1 Lost or Found Property Reports 8 Area Checks /LQ Skate Park/Laborers 20 Follow Up to Previous Cases 2 Custodial and Non -Custodial Transports 3 Miscellaneous Calls 7 412 City of La Quinta Community Oriented Policing Office and Volunteers Report November, 2004 Highlights: • The volunteer program presently has fourteen volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. • One additional applicant is in the background process. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. Two volunteers are assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • We are cross training our volunteers so we will be able to interchange responsibilities when necessary. • Four volunteers completed a 13 week course with the Palm Springs Police Department in their Citizen's Police Academy. This is in preparation for a patrol program which we hope to begin in 2005. • The City of La Quinta gave a Volunteer Recognition Dinner this month which was very much appreciated by all the volunteers. • The La Quinta Police Toy Drive is under way and the office is decorated for the holidays. Volunteer Hours and Monthly CPO Stats Monthly YTD Totals (4103 to Present) Hours 332 2875.5 4544.5 Visits 150 1520 2802 413 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 November 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard Training meetings were held on November 3, 10, and 17. The meetings covered physical training, Riverside County Sheriffs Department Indio Jail tour, report .writing instruction and practice, marching and drill practice and 10/11 Codes review and quiz. I handled the physical training, report writing instruction, marching and drill practice and 10/11 Codes review and quiz. Indio Jail Sergeant Dinkins set up the Indio Jail tour and Correctional Deputy Carl Cervello did an excellent job leading the tour. Explorer Post 503 Explorers volunteered & assisted with traffic and crowd control at the November 6 Jacqueline Cochran (Thermal Airport) Air Show and November 13 Chiriaco Summit Veterans Day event. Explorer Post 503 is currently seeking applicants for the volunteer position of Explorer. Explorers receive law enforcement related training, participate in physical training (running, push ups, sit ups, etc.), assist at volunteer events, go on ride -a -longs with deputies, compete at competitions, attend approx. a one week academy, and have fun outings. Some of the requirements to join Post 503 include be between 14-21 years old, maintain at least a "C" grade average, follow instructions, be a team player, have an interest in law enforcement, have no physical limitations, obtain your parents permission, pass a background investigation, be committed to attend meetings, and volunteer at some special events. Interested in the program? Call 863-7250 or 863-8990 to make an appointment with a Post 503 advisor. 414 DEPARTMENT REPORT: CITY OF LA Q UINTA CRIME STATISTICS SUMMARY November 2004 415 p ti\ONOR ° \ti° !'o'-0 0 �C0OO O r. �e- 0co 'T -'t V7UttOcoI0 Q .0GoC Cn O N O Cfi M co � 00 N M 'o M M O O MO.e.-.eooco�tjONcf)r, NLONm O N �0LnN0000OCMOi ItC~oCo0 NMOO tAe-N'It N� mLO M m O Hv ZQ o o V Ro \� o\\°\ °�\°\\� o� a`o� CQ000o \Mo o �o 0 0 o OHO v 00UO-COMO�T7OMCCOO_ttOMNQg1� CO O �- I� LO LO (6 I� 6 ci ci OM 0 0 Z �� Ninmco mMM , � aa oQ J W Q O � WM V Ci m m O O O't N~ N M O M N9*4 v Q W Qg ONNOOOC*4 NtMdN'.-�Me-ON � N Q �- W z CO 00 } Z Z 0 JCf) Z w O , IW O� Q W Z Q H W W}tL�V�f-W��U W ZixJU wu- :3 ZDaU W vwUvm¢aw�v��oU z?LLLL � fax v =gavwi�w<Qomw=�azapp:PP; 416 CITY OF LA QUINTA Month to Month Crime Comparison - October ■ Oct-04 ■ Oct-03 60 50 40 30 20 10 0 HOMICIDE RAPE SEX CRIMES ROBBERY ASSAULT (F) BURGLARY VEH THEFT THEFT (F) (F) Year to Date Crime Comparison - October ■ YTD 2004 ■ YTD 2003 700 600 500 400 300 200 100 0 HOMICIDE RAPE SEX CRIMES ROBBERY ASSAULT (F) BURGLARY VEH THEFT THEFT (F) (F) Created by I. Kline/CAU 11/22/04 41'7 I � H LL w S ~ o UCO } g\ W Z O (7 N N ' LU LL m �Id W �Q ~ CYU. �, W J LL Oo � O tCO w Cc Qi»C U-N t� O z�NVir) Q " � ' o�0 U� Q Z 418 500 450 400 350 300 250 200 150 100 50 0 TRAFFIC CITATIONS CITY OF LA QUINTA Month to Month Traffic Activity Comparison T/C NON -INJURY T/C INJURY T/C FATAL ■oct-oa ■Oct-03 Year to Date Traffic Activity Comparison 3500 3000 2500 2000 ■ 2004 ■ 2003 1500 1000 500 0 TRAFFIC CITATIONS T/C NON -INJURY T/C INJURY T/C FATAL Created by I. Kline/CAU 11/22/04 0 CITY OF LA QUINTA DISPATCH INFORMATION - OCTOBER 2004** TYPE OF CALL RESPONSE TIME MINUTES NUMBER OF INCIDENTS EMERGENCY 4.31 2 ROUTINE 9.25 1308 ** Data from Riverside Co. Sheriff's Department Data Warehouse, Average Response Time Report. Created by I. Kiine/CAU 11 /22/04 4 ? �J DEPARTMENT REPORT: /1) Craig Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Beaumont a� Banning +: Calimesa fi Canyon Lake Ar Coachella Desert Hot Springs �e Indian Wells .II. Indio Lake Elsinore La Quinta g► Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jim Venable, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 December 14, 2004 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for July 1 through September 30, 2004. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 306 • False Alarms 50 • Structure Fires 10 • Vegetation Fires 4 • Rescues (accidents, entrapments) 31 • Other Fires (vehicle, refuse, etc.) 18 • Public Service Assists 23 (Non -emergency assistance) • Fire Menace Standby 7 (Fuel spill, gas leak etc.) Along with the City's growth, we are also seeing an increase in the number of calls to which we are responding. This has been notable along the commercial corridors, especially during peak business hours. In this report, you will also note a change wherein I have separated out "Rescue" calls. This removes them from the "Medical Aid" category. Rescue calls include all traffic accidents, all calls where persons are trapped, or incidents where access to the patient requires technical skills or equipment. This allows us to differentiate and track those calls from others involving sick or injured persons. Attachments Respectfully submitted, Craig E. Anthony Fire Chief By: Dorian J. Cooley Battalion Chief 409W1 120 m .e 40 20 X x.. S was �s La Qua City Fire Responses Monthly Totals ~� %s �s '9ssi �70' sfs 6y ■ July-04 ■ August-04 ❑ September-04 Jul -04 Au ust-04 S tember-04 Medical Aids 119 89 98 False Alarms 10 16 24 Structure Fire 1 3 6 Vegetation Fires 2 2 0 Rescues 10 12 25 Other Fires 8 6 4 Public Service Assists 8 9 6 Fire Menace Standby 2 4 1 TOTALSI 160 141 164 s • La Q ta City Fire Responses Quarterly Totals 350 300 250 200 150 100 50 0 Quarterly Comparisons 02004 ■ 2003 go s Third Quarter _ 2004 2003 Medical Aids 306 278 False Alarms 50 55 Structure Fire 10 5 y2ptabon Fires 4 2 Rescues 47 0 Other Fires 18 7 Public Service Assists 23 17 Fire Menace Standby 7 9 TOTALS 465 373 12/1420N ��3 -r- �7 OF'� COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Continued Public Hearing to Consider Adoption of Resolutions and First Reading of an Ordinance for: 1) Certification of a Mitigated Negative Declaration for Environmental Assessment 2004-526; 2) Consideration of General Plan Amendment 2004-103 and Zone Change 2004-122, to Remove ± 159 acres of Very Low Density Residential Designations and Replace with Low Density Residential Designations; 3) Griffin Ranch Specific Plan 2004-074, Design Guidelines and Development Standards for 303 Residential Units; and 4) Tentative Tract Map 32879, to Subdivide ± 199 Acres into 303 Residential Lots and Other Amenity Lots, Located Along the South Side of Avenue 54, the East Side of Madison Street, the North Side of Avenue 55 Alignment, and ±'/4 Mile West of Monroe Street. ADnlicant: Transwest Housina RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to continue consideration of Environmental Assessment 2004-526, General Plan Amendment 2004-103, Zone Change 2004-122, Specific Plan 2004-074 and Tentative Tract 32879, to the regularly scheduled City Council meeting of January 4, 2005. BACKGROUND AND OVERVIEW: Staff and the applicant are requesting a continuance of this item to the City Council meeting of January 4, 2005. This item was recently approved by the Planning Commission at their meeting of December 14, 2004. Approved for submission by, Thomas P. Genovese, City Manager 42 �z W OF 'TKti� COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions of the City Council Certifying Environmental Assessment 2004-523 and Approving Tentative Tract Map 32848, for the Subdivision of t 4.02 Acres into 16 Single -Family Lots and Miscellaneous Lots, for the Property Located on the North Side of Avenue 60, Approximately 700 Feet West of Madison Street. Applicant: R T Hughes Co., 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 2004-523; and Adopt a Resolution of the City Council approving Tentative Tract Map 328481 subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The 4.02 acre site is located on the north side of Avenue 60, approximately 700 feet west of Madison Street (Attachment 1). The site lies between an existing single-family residence with a date farm and Tentative Tract Map 32201 (Choice Enterprises) that the City Council approved on July 20, 2004. 462J The applicant is requesting approval of a Tentative Tract Map to subdivide ± 4.02 acres into 16 single-family lots and miscellaneous lots for a privately gated development (Attachment 2). The lots range between 10,215 to 12,100 square feet in size. Lots "A" and "B" would be used for storm and nuisance water retention and comprise an area of 10,430 square feet in size. Based on ± 4.02 acres, the maximum number of lots allowed would be 16, which are proposed. Therefore, the project is at the maximum density of four dwelling units per acre allowed under the Low -Density Residential Land Use designation. Access Access would be taken from Avenue 60, via a private 32-foot wide roadway (curb - line to curb -line) with a cul-de-sac bulb at the end of the street. The project will not have a gatehouse. The gates will be operated via remote control. The entry area is designed to accommodate passenger vehicles that do not gain entry into the development, to make a full turn -around out onto the main street from the gated entry. However, staff requests the entry be redesigned to accommodate emergency vehicle access. The Fire Department requires a minimum 20-foot wide right-of-way, clear of any obstruction. Since no secondary access is required, sufficient space needs to be provided at the entry to accommodate emergency personnel. This requirement has been added as a Condition of Approval. Landscaping Avenue 60 west of Madison Street is designated in the General Plan as a local street with a 60-foot right-of-way. Based on this roadway designation, the required landscape setback along Avenue 60 is ten feet wide. In addition to the required ten -foot landscape setback, the applicant has provided an additional 35-foot wide area adjacent to Avenue 60 for retention purposes which also adds more space for landscaping. No residential unit plans are proposed at this time. When the plans for this tract are submitted they will be processed under the appropriate Zoning Code requirements. This would also include review and approval of any perimeter walls and landscaping. Historic Preservation Commission Archaeological and Paleontological reports for this project were presented to the Historic Preservation Commission on October 21, 2004. The reports were accepted as submitted. The applicant has been conditioned to have an archaeologist and paleontologist monitor on -site during all grubbing, grading and trenching operations. This has been added as a Condition of Approval as part of the Mitigation Monitoring Program for the project. N PAReports - CC\12-21-04\Hughes\CC SORpt TTM 32848.doc 4 Planning Commission Action At the November 231 2004 Planning Commission meeting, the Commission reviewed this project and voted 4-0 (with one Commissioner absent), to recommend approval of Tentative Tract Map 32848 to the City Council by adoption of Resolution 2004-092, subject to Findings and Conditions of Approval (Attachment 3) . Public Notice Thisproject ect was advertised in the Desert Sun newspaper on December 11, 2004, j and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City. Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 523; and Adopt a Resolution of the City Council approving Tentative Tract Map 32848, subject to Findings and Conditions of Approval; or 2. Do not adopt Resolutions approving the project; or 3. Provide staff with an alternative direction. Approved for Submission by, Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Tentative Tract Map 32848 3. Planning Commission excerpts 3 PAReports - CC\12-21-04\Hughes\CC StfRpt TTM 32848.doc 4 ti 7 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 32848 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-523 APPLICANT: R T HUGHES CO,. LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 21 st day of December 2004, hold a duly noticed Public Hearing to consider a request by R T Hughes Co., LLC for certification of Environmental Assessment 2004-523 for Tentative Tract Map 32848 to subdivide ± 4.02 acres into 16 single- family lots and miscellaneous lots, generally located on the north side of Avenue 60, approximately 700 feet west of Madison Street, more particularly described as follows: APN : 766-080-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of November, 2004, hold a duly noticed Public Hearing to consider a request by R T Hughes Co., LLC to recommend to the City Council certification of Environmental Assessment 2004-523 for Tentative Tract Map 32848 to subdivide ± 4.02 acres into 16 single-family lots and miscellaneous lots, generally located on the north side of Avenue 60, approximately 700 feet west of Madison Street, by adoption of Resolutions 2004-092 and 2004-093; and WHEREAS, Environmental Assessment 2004-523 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 2004-523 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures will be imposed on the project that will reduce impacts to less than significant levels; 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. PAReports - CC\12-2.1-04\Hughes\CC Reso EA TTM 32848.doc ?S City Council Resolution No. 2004- Environmental Assessment 2004-523 R T Hughes Co., LLC December 21, 2004 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment did not identify any wildlife resources on the site. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that the site will be developed consistent with the density designated under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did 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 will be imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 2004-523 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). P:\Reports - CC\12-21-04\Hughes\CC Reso EA TTM 32848.doc 5 69 City Council Resolution No. 2004- Environmental Assessment 2004-523 R T Hughes Co., LLC December 21, 2004 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California,' 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the La Quinta City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2004-523 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist on file in the Community Development Department and attached hereto. 3. That Environmental Assessment 2004-523 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California PAReports - CC\12-21-04\Hughes\CC Reso EA TTM 32848.doc p 430 City Council Resolution No. 2004- Environmental Assessment 2004-523 R T Hughes Co., LLC December 21, 2004 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE, JENSON, City Attorney City of La Quinta, California P:\Reports - CC\12-21-04\Hughes\CC Reso EA TTM 32.848.doc 431 Environmental Checklist Form 1. Project title: Tentative Tract Map 32848 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: North side of Avenue 60, approximately 700 feet west of Madison Street. APN: 766-080-008 5. Project sponsor's name and address: RT Hughes Co., LLC 78900 Avenue 47, Suite 201 La Quinta, CA 92253 6. General plan designation: Low Density 7. Zoning Designation: Low 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.) A Tentative Tract Map to divide 4.02 acres into 16 single family lots and miscellaneous lots for landscaping/retention, and streets. The proposed tract would result in a single cul-de-sac access road from Avenue 60, access all 16 lots. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant desert lands, scattered single family residential (Low Density Residential, ) South: Avenue 60, Vacant desert lands (Low Density Residential, Open Space) West: Agricultural, Low Density Residential East: Vacant desert lands (approved Tract 32201) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 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 Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the x environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature November 8, 2004 Date 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. 10 44 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 11 435 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) Avenue 60 is not designated an Image Corridor in the General Plan. The site is relatively flat, and located in an area of the City which does not have significant physical features. The BOR levee is located southwesterly of the site. Views of the Coral Mountains are available to the west of the property. The development of single family residential homes on the subject property is limited in the Zoning Ordinance to one and two stories in height. The proposed lots will be a minimum of 10,215, and generally exceed this size. There will be only limited building coverage on the lots from single family development. The proposed project will not result insignificant aesthetic impacts to surrounding lands. The primary source of light and glare upon buildout of the site will be from automobile headlights and landscaping lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. 12 4%-36 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The project site is vacant land, and most lands surrounding it are vacant desert lands. Lands on the west are in agriculture with a single-family residence, in an area of about 5 acres in , size. The site does not have any Williamson Act contracts on the land. Other agricultural activities occur further east, past Monroe Street. Country club development occurs at the southeast and northeast corners of Madison and Avenue 60. The site is in an area experiencing urbanization, and is not of a viable size for long term agriculture. Impacts to agricultural resources are expected to be negligible. 13 437 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) It is expected that vehicle trips generated by the proposed project will be the most significant generators of air pollutants. The proposed project will result in 16 single family homes, which have the potential to generate up to 153 trips per day'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, 6`h Edition," Institute of Transportation Engineers, category 210, Single Family Detached. 14 Moving Exhaust Emission Projections at Project Buildout (hounds per dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 153 x 15 = 2,295 PMIo PMIo PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 206.55 5,370.30 1,101.60 - 22.95 22.95 Pounds at 50 mph 0.46 11.85 2.43 - 0.05 0.05 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 153 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 for chemical emissions. The project's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM 10 (Particulates of 10 microns or less). The Valley's 2002 PM 10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: 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 106.1 pounds per day, for a limited period while grading operations are active. A 6 foot perimeter block wall is proposed. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 1 439 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, covered 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 hydroseed on the affected portion of the site. S. Landscaping on the Avenue 60 parkway shall be installed immediately following project precise grading, as will the proj ect's perimeter wall. 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 Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of residential units and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. 16 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either X 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 MEA, p. 78 ff.) b) Have a substantial adverse effect on any X 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 MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Community Conservation Plan, or other approved local, regional, or state 17 441 habitat conservation plan? (General Plan MEA, p. 78 ff.) IV. a)-f) The proposed project site does not occur in an area of potential habitat for species of concern in the General Plan. The site is only sparsely vegetated, and does not include large trees. The site is located immediately east of disturbed agricultural lands. As an isolated, and relatively small parcel, the site provides limited, and low quality habitat for sensitive biological resources. There is no riparian or wetland habitat on the property. The project site is located outside the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Impacts to biological resources are expected to be insignificant. We* 44� IV. a)-f) The proposed project site does not occur in an area of potential habitat for species of concern in the General Plan. The site is only sparsely vegetated, and does not include large trees. The site is located immediately east of disturbed agricultural lands. As an isolated, and relatively small parcel, the site provides limited, and low quality habitat for sensitive biological resources. There is no riparian or wetland habitat on the property. The project site is located outside the boundary of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. Impacts to biological resources are expected to be insignificant. We* 44� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in Sec. 15064.5? (Historical/ Archaeological Resources Survey... CRM Tech, October 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to Sec. 15064.5? (Historical/ Archaeological Resources Survey ... CRM Tech, October 2004) c) Directly or indirectly destroy a unique X X paleontological resource or site or unique geologic feature? (Paleontologic Resources Assessment ... CRM Tech, October 2004) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) A cultural resources analysis was completed for the proposed project site 2. The analysis included both records searches and on -site investigation. The on site survey identified three isolates on the site. The study found that although limited resources were identified on the site, the high number of resources previously identified on lands surrounding the project site led to a potential for buried resources on the site. Should these resources be uncovered during project grading, impacts could be significant. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. A qualified archaeological monitor shall be present during all earth moving and grading activities. The monitor shall be empowered to stop or redirect activities on the site should a resource be identified. A final report shall be filed with the Community Development Department prior to issuance of a certificate of occupancy for the first house on the project site. V. c) A paleontologic survey was prepared for the proposed project site 3. The study found that the project site is within the historic lake bed of ancient Lake Cahuilla. The study further found mollusk shells on the project site. Development of the site could result in 2. "Historical/Archaeological Resources Survey Report Tentative Tract Map 32848," prepared by CRM Tech, October 2004 3 "Paleontological Resources Assessment Report Tentative Tract Map 32848," prepared by CRM Tech, October 2004. 19 44 2 significant impacts to paleontologic resources without mitigation. In order to assure that these potential impacts are mitigated to a less than significant level, the following mitigation measures shall be implemented. 1. A surface collection of mollusks shall be completed prior to initiation of any earth moving activity on the project site. 2. A paleontologist shall be present on site during all earth moving and trenching activities in areas of undisturbed lakebed soils. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. 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? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) 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 (MEA Exhibit 6.1) 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 project site lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. The homes to be built on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This 21 445 requirement will ensure that impacts from ground shaking are reduced to a less than significant level. Depending on the depth to groundwater, the project site is located in an area subject to liquefaction. Special construction methods may need to be implemented to mitigate the liquefaction hazards, if they occur. In order to assure that this potential impact is mitigated to less than significant levels, the following mitigation measure shall be implemented: 1. Prior to the issuance of grading permits, the project proponent shall submit to the City Engineer, for review and approval, a liquefaction study which determines whether the project will be subject to liquefaction. Any recommendations made in the study shall be implemented in project construction. The proposed project is not located in an area subject to rockfall or landslides. The site does not have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. The site is located in an area of moderate 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. 2ti 4/16 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? (General Plan MEA, p. 95 ff.) 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? ("Report of Phase I Environmental Site Assessment," Earth Systems Southwest, October 2004) 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? ("Report of Phase I Environmental Site Assessment," Earth Systems Southwest, October 2004) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a. X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) 23 4 Ax 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 16 homes on the subject site will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. A Phase I environmental assessment was completed for the subject property4. It found that although trash and other debris are located on the site, there is no evidence of hazardous materials in the site soils. The site is not on the County list of sites which have had issues with hazardous materials. The site is not located adjacent to an airport or air strip. Impacts are expected to be negligible. 4 "Report of Phase I Environmental Site Assessment," prepared by Earth Systems Southwest, October 2004 4AS A 24 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the project: 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 EIR p. III-187 ff.) 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 EIR p. III-187 ff.) 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 EIR p. III-187 ff.) f) Place housing within a 100-year flood X 4�925 hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service use for residential use and for landscaping irrigation. 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 be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, 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 City requires that all projects retain the 100 year storm on site. The proposed project includes retention basins immediately north of Avenue 60 to accommodate project flows. The City Engineer will review final plans and hydrology analysis to assure that these basins are sufficient to adequately retain water, prior to the issuance of grading permits. Impacts associated with storm water drainage are therefore not expected to be significant. VIR. e)-g) The site is not located in a flood zone as designated by FEMA. 26 450 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 is designated Low Density Residential in the General Plan and is consistent with this designation. The project site is not within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. There will be no impacts to land use and planning. 2'7 r4VA 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-3 Zone, and consists primarily of coarse sands. The site is located in a residential area of the City, and is not considered suitable for mineral resources. 08 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan MEA p. 111 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. 111 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 111 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 MEA p. ill 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 project site is located in an area which is currently very quiet, and which will continue to experience limited noise levels in the future. The project will be surrounded by a block wall, which will reduce noise levels on the site. Noise levels on Avenue. 60 in this area of the City are not expected to exceed the City's standards, because of the limited traffic generated in this area. 29 4J3 Noise will be generated during project construction. There are no sensitive receptors located adjacent to the project site. The development of the site will be limited to hours prescribed in the Municipal Code. Impacts associated with noise at the site are expected to be less than significant. 4 4 0 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 construction of 16 homes will not induce substantial population growth. The site is currently vacant, and no one will be displaced. Impacts associated with population and housing are expected to be negligible. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate sales and 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 development impact fee and mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. 3 4?� 4 56 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The project, proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. 33 4J7 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)? (TTM 32848) e) Result in inadequate emergency X access? (TTM 32848) f) Result in inadequate parking capacity? X (TTM 32848) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The development of the 16 homes will generate about 153 daily trips. The project is consistent with the General Plan designation for the property, and was therefore analysed as part of the General Plan EIR. The traffic on Avenue 60 at buildout of the General Plan was expected to remain at acceptable levels of service in that analysis. Impacts associated 34 ;� 8 with traffic are expected to be less than significant. The project does not include inadequate parking or unsafe designs. Overall impacts to traffic are expected to be less than significant. 35 4 9 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.) 36 4U0 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. 37 461 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has the potential to impact cultural and paleontologic resources. These impacts have been mitigated above to a less than significant level. XVII. b) The proposed project will add to the housing types offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts. 462 XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. 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. WJ 463 0 a� cl" O 0 0 y N 00 En N o o Z 00 O .. Z � U � o zo b �wV�� wVti 0p��, A 00 00 N M U O t U > N Z o H a A V W EW-F A V p�q �A a� OV U IOU °' a u �,4- w C%1 un Con r- bA b � -" rn Cd 0 0 0 o a c�aaaa�'o A A A A O � �o b Cd b b b U U PQ U A al al z cis a� A cd C U a Cd M �r �+-+ cd .� N C> 3 b cd U rA Cd N �••� N G Cd 4) cam, A �*'' O C 40 F A U pq �A a� U O� UU G7 F03 Cd o to A a A a wz 4-A Cd W�bobo a a b pq a� U A GQ bo Poo O b4 U O O 'd O }c}d...�� E..� Cd U ¢, 1 41 F A U pq �A a� �WU OU 0 E�Cd EyCd b) 0 0 a O w� a� (A 0 p4 W V O U rh 4. V1 C� 4 V� o � O W � 4 Ej1J 41 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 4.02 ACRES INTO 16 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32848 APPLICANT: R T HUGHES CO, LLC WHEREAS, the City Council of the City of La Quinta, California, did, on the 21 st day of December 2004, hold a duly noticed Public Hearing to consider a request by R T Hughes Co, LLC, to subdivide ± 4.02 acres into 16 single-family lots and miscellaneous lots, generally located on the north side of Avenue 60, approximately 700 feet west of Madison Street, more particularly described as follows: APN: 766-080-008 . WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of November 2004, hold a duly noticed Public Hearing to consider a request by R T Hughes Co, LLC, to recommend to the City Council approval to subdivide ± 4.02 acres into 16 single-family lots and miscellaneous lots, generally located on the north side of Avenue 60, approximately 700 feet west of Madison Street; and WHEREAS, said Tentative Tract Map 32848 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 2004-523 was prepared and determined that although the project could have a significant adverse effect on the environment, mitigation measures will be 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 32848: 1 . The proposed tract map will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR) which allows single-family residential uses. PAReports - CC\12-21-04\Hughes\CC Reso TTM 32848 Hughes.doc 42 City Council Resolution No. 2004- Tentative Tract Map 32848 R T Hughes Co, LLC December 21, 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 land uses on the site will be provided from an existing street 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 City of La Quinta Community Development Department has completed Environmental Assessment 2004-523, and based upon this Assessment, the project may have a significant adverse effect on the environment; however, mitigation measures will be imposed on the project to reduce impacts to a less than significant level. The subject site is physically suitable for the proposed land division and currently, development exists to the west of the site and grading has taken place on the east side 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 to 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 is an existing access - way 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 32848, subject to the attached Conditions of Approval. PAReports - CC\12-21-04\Hughes\CC Reso TTM 32848 Hughes.doc 43 City Council Resolution 2004- Tentative Tract Map 32848 R T Hughes Co, LLC December 21, 2004 PASSED, APPROVED and ADOPTED at a regular meeting of the la Quinta City Council, held on this 21" day of December, 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 PAReports - CC\12-21-04\Hughes\CC Reso TTM 32848 Hughes.doc 44 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 - R T HUGHES CO., LLC DECEMBER 21, 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 any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department Coachella Valley Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley 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. 45 PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 469 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL —RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A.. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 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. P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 4 '� CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 5) Non -Storm Water Management. 6) Waste .Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 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) Avenue 60 (Avenue 60 (Local Street, 60' ROW) - The standard 30 feet from the centerline of Avenue 60 for a total 60-foot ultimate developed right of way. P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 47 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 9. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to -be retained for private use required for this development include: a. Private Residential Streets measured at gutter flow line to gutter flow line shall have a travel width of 32 feet with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. b. CUL DE SACS - the cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. 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. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, any left turn lanes, deceleration lane(s) and bus stop turnout(s), if required. The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 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 PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 48 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 - R T HUGHES CO., LLC DECEMBER 21, 2004 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 offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16.. Direct vehicular access to Avenue 60 from lots with frontage along Avenue 60 is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. 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. The Final Map shall be of a 1 " = 40' scale. n P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 7,.� 9 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans. may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP ill = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal Note: A through D shall be submitted concurrently. E. Off -Site Street Plan lit = 40' Horizontal, 1 if = 4' Vertical F. Off -Site Signing & Striping Plan 1 If = 40' Horizontal The Off -Site street improvement plans shall have 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. 50 PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 414 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 G. On -Site Street/Signing & Striping Plan 1 " = 40' Horizontal 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. H. On -Site Residential Precise Grading Plan 1 if = 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 and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at: http://www.la-quinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 23. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. 51 PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 4 75 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, .the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall 52 P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 4' u CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 28. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 53 477 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 32. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 36. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. M1 P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 - R T HUGHES CO., LLC DECEMBER 21, 2004 Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall , list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 39. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. nRAINAC;F 40. 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. Additionally, the 100 year stormwater shall be retained PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 55 479 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 within the interior street right of way. 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. 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 nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by a separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 42. 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. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. 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. 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. P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848:doc 5S CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 - R T HUGHES CO., LLC DECEMBER 21, 2004 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 retention 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. UTILITIES 49. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 50. 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. 51. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 52. 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 53. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 57 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 54. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS 1) Avenue 60 (Local Road, 60' R/W): a) Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as requirements of these conditions. The north curb face shall be located twenty (20') north of the centerline. Other required improvements in the Avenue 60 right or way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b. 5-foot wide sidewalk with landscaping provided between the curb and the sidewalk as approved by the Community Development and the Engineering Departments. C. An additional street widening along all frontage adjacent to the Tentative Map boundary of fourteen feet (141 south of the centerline to accommodate east bound traffic. B. PRIVATE STREETS 1) Lot "C" - Construct 32=foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 58 q82 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 2004 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Private Cul-de-sacs shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 55. All gated entries shall provide for three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 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. 56. 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. 0•1 PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 483 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 - R T HUGHES CO., LLC DECEMBER 21, 2004 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. General access points and turning movements of traffic are limited to the following: Primary Entry (Avenue 60): All turn movements are permitted. 59. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 60. 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 61. 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 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc ' so 484 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 - R T HUGHES CO., LLC DECEMBER 21, 2004 63. The applicant shall provide drought tolerant landscaping in the required setbacks, retention basins, common lots and park areas. 64. Drought Tolerant landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. The applicant shall submit the drought tolerant landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 66. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 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 a.nd 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 PAReports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 61 4Sa CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 32848 — R T HUGHES CO., LLC DECEMBER 21, 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). COMMUNITY DEVELOPMENT DEPARTMENT 75. The applicant shall comply with all the mitigation measures in the Mitigation Monitoring Plan attached to the Environmental Assessment for this project. sz P:\Reports - CC\12-21-04\Hughes\CC COA TTM 322848.doc 486 ATTACHMENT 2 VICHTY MAP N.T.S. ATTACHMENT Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commission Daniels, Ladner, Krieger, Chairman Kirk, NOES: ne. ABSENT: Commissioner Quill. ABSTAIN: No 7. It was moved d seconded by Commissioners Daniels/Ladner to adopt Plann' g Commission Resolution 2004-091, approving Site Develop nt Permit 2004-815, as recommended by staff. ROLL CA : AYES: Commissioners Daniels, Ladner, Krieger, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None. C. Environmental Assessment 2003-523 and Tentative Tract Map 32848 a request of RT Hughes Co., LLC for certification of a Mitigated Negative -/ Declaration of environmental impact and the subdivision of approximately 4.02 acres into 16 lots and miscellaneous lots for the property located on the north side of Avenue 60, approximately 700 feet west of Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if any of the other surrounding properties were being denied access for a larger circulation pattern for their developments of their properties. Staff stated it is not necessary to tie into a larger circulation pattern. 3. Commissioner Ladner asked the size of the lots to the east. Staff stated 10,300 feet maximum. Commissioner Ladner questioned the street setback issue; will it have a cutback. Staff explained. 4. Commissioner Krieger asked about the liquefaction issue. Staff noted this would be addressed through the precise grading process. 5. Chairman Kirk asked if the land to the west would be no more than a foot differential. Staff stated there will be a partial retaining wall to retain the property to the west. Chairman Kirk asked if the adjacent property owner agreed to this being on his property. Staff stated yes. Discussion followed regarding the topography of the site. 64 G:\WPDOCS\PC Minutes\11-23-04.doc 488 Planning Commission Minutes November 23, 2004 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jerry Green, MDS Consulting, representing the applicant stated he agrees with the conditions and staff report. 7. Chairman Kirk asked if the property to the west was no larger than a foot differential in grade and there is an agreement with the adjoining property owner to construct a swale on his property. Mr. Green stated this was correct. 8. Mr. Richard Hughes stated he was the developer and just wanted to thank staff and in particular Oscar Orci for all his work. 9. There being no further questions of the applicant, Chairman Kirk asked if anyone else would like to address the Commission on this matter. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 10. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-092, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-523, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None 11. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-093, recommending approval of Tentative Tract Map 32848, as recommended by staff. ROLL CALL: AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None D. Environnhntal Assessment 2003-522 and Tentative Tract Map 32397; a request o Foxx Homes for certification of a Mitigated Negative Declaration environmental impact and the subdivision of 28.42 acres into 74 lots a other common lots for the property located on the west side of Washin on Street, north of Laguna de la Paz. 1. Chairman KAN,,copened the public hearing and asked for the staff report. Princip Planner Fred Baker presented the information contained in the 11V report, a copy of which is on file in the 65 G:\WPDOCS\PC Minutes\11-23-04.doc 499 o� �o U 5 �o --- - F Sep v5 OF 'T9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Public Hearing to Adopt Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2004-522 for a Subdivision of ± 28.43 Acres into 74 Residential Lots and Miscellaneous Lots for Tentative Tract Map 32397, for the Property Located on the West Side of Washington Street north of Laguna De La Paz. Applicant: Canyon Ridge L.L.C. 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 2004-522; and Adopt a Resolution of the City Council approving Tentative Tract Map 32397 to subdivide ±28.43 acres into 74 single-family lots, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: This site, on the west side of Washington Street, north of Laguna De La Paz, was the location for the La Quinta Arts Foundation facility approved _by the City Council by Specific Plan 2000-042 on June 6, 2000. The site was gilded and improved with festival grounds, driveways, lighting and a parking lot (Attachment 1). The applicant is proposing to subdivide the 28.43 acre site into 74 single-family residential lots (Attachment 2). The existing RL zoning on the property requires a minimum lot size of 7,200 square feet. All lots meet or exceed this requirement. Proposed residential lot sizes range from 9,800 to 23,400 square feet. All residential lots are proposed to have driveway access from 36-foot width internal 4�-)0 S:\CityMgr\STAFF REPORTS ONLY\PH 2 CC Staff rpt TTM 32397.doc private streets. Access into the property is proposed at approximately the mid- point of the property on Washington Street with right -in and right -out turning movements. The entry drive is proposed to have a 12 foot landscaped median with 18-foot wide drive lanes. The applicant has provided cross sections (Attachment 3) illustrating the view of the proposed project from the mid -point on Washington Street, and three pads at Laguna de La Paz. The applicant proposes to re -grade the site to accommodate the project with a 23-foot rise in elevation from the Washington Street curb to Lot 40; the cross -sections illustrating pad heights are proposed to be two to seven feet higher than adjacent existing pads to the south. The proposed grades allow site drainage and sewer flow. The second cross section is an illustration that compares four pads at Laguna de La Paz with adjacent proposed pads and units in the Tentative Tract. Washington Street is designated an Augmented Major Arterial and Image Corridor in the General Plan. Although no additional street widening improvements are required, additional right-of-way is required for an Augmented Major Arterial. The applicant proposes a combination of trees, shrubs, and ground cover with earth mounding, synthetic rocks, and a perimeter retaining adjacent to Washington Street. The landscape palette includes Mexican fan palms, Acacias, Palo Verde, Desert Willow, Ironwood, mesquite, and Smoke trees. The applicant is proposing a meandering landscape setback (average 20-foot) adjacent to Washington Street with a meandering wall and sidewalk adjacent to proposed retention areas located inside the gated community. The proposed wall functions as a retaining wall as well as a privacy and noise barrier wall. The proposed entry design into the proposed project makes a dramatic and unique statement with the use of lush landscaping, earth mounding, and synthetic rocks as high as 20 feet with transponder activated metal gates for vehicle access (Attachment 4) . A homeowners' association will be formed to maintain retention basins, common landscape areas, private roads, and perimeter landscaping. Environmental Review The La Quinta Community Development Department has completed Environmental Assessment 2004-522. Based upon this Assessment, it has been determined the proposed project could have a significant adverse impact on the environment. However, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification. S:\CityMgr\STAFF REPORTS ONLY\PH 2 CC Staff rpt TTM 32397.doc 49 Planning Commission Action The Planning Commission, at its November 23, 2004 meeting, recommended approval of Environmental Assessment 2004-522 and Tentative Tract Map 32397 by adoption of Planning Commission Resolutions 2004-094 and 2004-095. Excerpts of the minutes of the Planning Commission meeting are attached (Attachment 5). Public Notice This case was advertised in the Desert Sun newspaper on December 1, 2004. All property owners within 500 feet of the proposed project were mailed a copy of the public notice. FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment and Tentative Tract Map can be made and are contained in the attached Resolutions. Alternatives for action are as follows: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 522; and Adopt a Resolution of the City Council approving Tentative Tract Map 32397 to subdivide ±28.43 acres into 74 single-family lots, subject to Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Approved for submission by, Mark Weiss, Assistant City Manager Attachments: 1. Location Map 2. Tentative Tract Map 32397 3. Cross -sections 4. Landscape frontage and Entry Feature 5. Excerpt from Planning Commission Minutes of November 23, 2004 S:\CityMgr\STAFF REPORTS ONLY\PH 2 CC Staff rpt TTM 32397.doc /, (� `f J 0,3 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFIYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 32397 CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-522 APPLICANT: CANYON RIDGE L.L.C. WHEREAS, the City Council of the City of La Quinta did on the 21" day of December, 2004, hold a duly noticed public hearing to consider the request of Canyon Ridge L.L.C. for certification of Environmental Assessment 2004-522 for Tentative Tract Map (TTM) 32397, referred to as the "Project" for the subdivision of 28.43 acres into 74 residential lots, generally, located at 47-555 Washington Street and more particularly described as: A. P. N : 643-090-024, and WHEREAS, the Planning Commission of the City of La Quinta did on the 23d day of November, 2004, hold a duly noticed public hearing to consider the request of Canyon Ridge L.L.C. for certification of Environmental Assessment 2004-522 for Tentative Tract Map (TTM) 32397, referred to as the "Project" for the subdivision of 28.43 acres into 74 residential lots, generally, located at 47-555 Washington Street and recommended approval by adoption of Resolutions 2004-094 and-2004-095; and WHEREAS, the City has prepared the Initial Study and Mitigated Negative Declaration in compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., (CEQA Guidelines); and WHEREAS, the City mailed a Notice of Intent to adopt the Mitigated Negative Declaration in compliance with Pubic Resources Code Section 21092 on the 151h day of November, 2004 to the Riverside County Clerk; and WHEREAS, the City published a Public Hearing Notice to adopt the Mitigated Negative Declaration and associated Initial Study in the Desert Sun newspaper on November 12th, 2004, such notice was also mailed to all landowners within 500 feet of the Project Site, and all public entities entitled to such notice; and WHEREAS, upon hearing and considering all testimony and arguments, if any, to all interested persons desiring to be heard, said Planning Commission did make the following findings recommending to the City Council certification of said Environmental Assessment: 04 P:\Reports - CC\ 1 2-21-04\Foxx Homes\CC RESO EA 2004-522.doc 493 City Council Resolution No. 2004- Environmental Assessment 2004-522 Canyon Ridge L.L.C. Adopted: December 21, 2004 Page 2 1. That the Mitigated Negative Declaration has been prepared and processed in compliance with the State CEQA Guidelines and the City's implementation procedures. The Planning Commission has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the Project, and based upon the Initial Study, the comments received thereon, and the entire record of proceeding for this Project, there could be a significant environmental effect resulting from this project; however, the mitigation measures will reduce the impacts to less than significant. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and are made part of the approval of the project and will mitigate any potential significant effect. 2. The' Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-522. 3. The 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. 4. There is no evidence before the City that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 5. The Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 6. The 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 Project. 05 P:\Reports - CC\12-21-04\Foxx Homes= RESO EA 2004-522.doc 494 City Council Resolution No. 2004- Environmental Assessment 2004-522 Canyon Ridge L.L.C. Adopted: December 21, 2004 Page 3 7. The Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 8. The City Council has fully considered the proposed Mitigated Negative Declaration and comments, if any, received thereon. 9. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 10. The location of the documents which constitute the record of proceedings upon which the City Council decision is based upon is in the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253. 11. A Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the mitigation measures during Project implementation. 12. Based upon the Initial Study and the entire record of proceedings, the Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. 13. The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). 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 a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-522 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist, on file in the Community Development Department and attached hereto. 016 P:\Reports - CC\12-21-04\Foxx Homes= RESO EA 2004-522.doc 495 City Council Resolution No. 2004- Environmental Assessment 2004-522 Canyon Ridge L.L.C. Adopted: December 21, 2004 Page 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 07 P:\Reports - CC\12-21-04\Foxx Homes= RESO EA 2004-522.doc 496 Environmental Checklist Form 1. Project title: Tentative Tract Map 32397 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Fred Baker 760-777-7125 4. Project location: Northwest corner of Washington Street and Avenue 48 (extended) APN: 643-090-024 5. Project sponsor's name and address: Canyon Ridge LLC 76061 Fred Waring Drive Palm Desert, CA 92260 6. General plan designation: Low Density 7. Zoning: Low 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 28.43 acres into 74 single family residential lots of at least 9,800 square feet, as well as lettered lots for streets, landscaping and retention. The site will be accessed from Washington Street, with a primary drive in the southern third of the site, and a secondary street at the northern boundary of the site. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant desert lands, parking lot and St. Francis of Assisi Church (Low Density Residential, ) South: Existing single family residential in Laguna de la Paz (Low Density Residential) West: Vacant desert lands, hillside (Open Space) East: Washington Street, Vacant partially improved lands (Community Commercial) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 08 497 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 Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Land Use / Planning Quality Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature November 12, 2004 Date ng 498 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 proj ect. 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. 10 499 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 lb t 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) Washington Street is designated a Primary Image Corridor in the General Plan. As such, special landscaping and setback requirements will be applied to the project site. The proposed single family residential development will generate single and two story single family homes, some of which will be located on a knoll in the northern portion of the site. The scale of single family homes in this area will not impact views of the adjacent hillsides, and will have a minimal impact on viewsheds in the area. There are no rock outcroppings or other natural features in the vicinity of the project site, other than the Santa Rosa mountains. Impacts associated with buildout of the project site will be less than significant. The primary source of light and glare upon buildout of the site will be from automobile headlights and landscaping lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. W4 5 01 1 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) H. a)-c) The project site is located in an urbanized section of the City, and is not located near agricultural land uses. The closest agricultural lands are several miles to the south and east of the site. There are no Williamson Act contracts on the site, and the zoning of the property is Low Density Residential. There will be no impacts to agricultural resources associated with the proposed project. 13 502 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 proposed project will result in 74 single family homes, which have the potential to generate up to 708 trips per day'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions can be, expected to be generated from the project site. "Trip Generation, 6h Edition," Institute of Transportation Engineers, category 210, Single Family Detached. 14 J' Moving Exhaust Emission Projections at Project Buildout (Dounds Der dav) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 708 x 15 = 10,620 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 955.80 24,850.80 5,097.60 - 106.20 106.20 Pounds at 50 mph 2.11 54.86 11.25 - 0.23 0.23 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 708 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for chemical emissions. The proj ect's potential impacts to air quality resulting from vehicular emissions 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 include the following, to be included in conditions of approval for the proposed project: 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. The site has been partially developed, including a decomposed granite parking area, and turfed display areas. The removal of these facilities will generate particulate matter as well. Under mass grading conditions, the 28.43 acres could generate up to 750.6 pounds of dust per day. The existing parking areas are considerably below the grade of the finished pads for the proposed project. Fill will therefore be required to bring these areas to ultimate grade. This has the potential to generate fugitive dust. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 15 J i4 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Once unloaded, fill shall be watered regularly to assure that blowing dust is kept to a minimum. 6. No stockpiling shall be permitted. Imported fill shall be immediately distributed on the site. 7. No imported fill shall be brought to the site during wind events exceeding 25 miles per hour. 8. 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. 9. 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. 6. 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 hydroseed on the affected portion of the site. 7. Landscaping on Washington Street shall be installed immediately following project precise grading, as will the proj ect's perimeter wall. 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 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 residential units and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. 16 5G5 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, either X 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 MEA, p. 78 ff.) b) Have a substantial adverse effect on any X 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 Assessment..." James Cornett, 2000) 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 Assessment..." James Cornett, 2000) 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 Assessment..." James Cornett, 2000) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("Biological Assessment..." James Cornett, 2000) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X Natural Co nunity Conservation Plan, or 17 506 other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) IV. a)-f) Biological resource analysis was conducted for the previously approved La Quinta Arts Foundation project2. This analysis, combined with consultation with the California Department of Fish and Game and the US Fish and Wildlife Service, resulted in a series of mitigation measures in association with the proj ect's adjacency to the Santa Rosa mountains, which are considered part of the critical habitat for the Peninsular Bighorn Sheep, for which a Recovery Plan has been adopted. The proposed project does not propose the construction of homes on the hillsides. The construction of facilities for drainage and rockfall hazards along the western property line may require excavation and/or blasting above the toe of slope, which has a potential to impact bighorn sheep. In order to assure that impacts are reduced to a less than significant level, the following mitigation measures shall be implemented: 1. No blasting, ripping or excavation shall be permitted above the toe of slope, as defined in the La Quinta Municipal Code, between January 1 and June 15 of any year. 2. The Homeowners' Association (HOA) for the proposed project shall monitor the project site any signs that bighorn sheep are entering the site. The HOA shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The HOA shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project site, the HOA shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the HOA shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. Any and all fencing constructed will be subject to the City's Hillside Conservation Overlay District. 3. The project developer shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 4. All exterior lighting shall be aimed away from the hillside. 5. The project landscaping plan will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to 2 "Biological assessment and Impact analysis of the proposed La Quinta arts Foundation Center," prepared by James W. Cornett, April 1999 and 2000. 50' 7 18 invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. Prohibited plant materials shall be included in the CC&Rs and provided to each homeowner adjacent to the hillside. 6. The project proponent and HOA shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the HOA shall post notices discouraging such use. With implementation of these mitigation measures, the impacts to biological resources will be reduced to less than significant levels. 19 5 8 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? ("Archaeological Investigations..." ASM Affiliates, 2000) b) Cause a ,substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA, Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) Two cultural resource investigations were conducted for the project site 3. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis. The second consisted of an on -site excavation of the recorded site. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three previously recorded sites in 1991. The occurrence of multiple mesquite hummocks makes it likely that additional resources are located on site, and careful grading and on -site monitoring were recommended in the first study. The second study, completed to report on the testing and data recovery at CA-RIV-6214. This process concluded that the site is not significant beyond the recovery performed for the study. V. c) The project site is outside the traditional lakebed of ancient Lake Cahuilla. No paleontologic resources are expected on the site. 3 "A Cultural Resources Inventory and Evaluation of the La Quinta Arts Center Project,"; and "Archaeological Investigations of CA-RIV-6214...," prepared by ASM Affiliates, December 1998 and April 2000, respectively. n �V ;. 9. 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? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) 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 (MEA Exhibit 6.1) 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 project site lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. The homes to be built on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The site has been previously developed in its eastern portion, and will require filling. The City Engineer will require the preparation of site -specific geotechnical 21 510 analysis in conjunction with the submittal of grading plans. This requirement will ensure that the filling of the site will be completed in a manner which results in proper compaction of the site. The proposed project is not located adjacent to an area subject to landslides and rockfall. No development is planned, however, on the slopes of the hillsides. The project proponent has included a rockfall barrier along the western property line to protect those homes located immediately east of the site. Impacts from these hazards are expected to be insignificant. The site does not have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. The site is located in an area of 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. rg i121 Potentially Less Than Less Than No Significant Impact Significant w/ Mitigation Significant Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) 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? ("Report of Phase I Environmental Site Assessment," Earth Systems Southwest, October 2004) 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? ("Report of Phase I Environmental Site Assessment," Earth Systems Southwest, October 2004) 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) 5j� 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 the proposed homes will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. Impacts are expected to be negligible. 24 513 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would the project: 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 EIR p. III-187 ff.) 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 EIR p. III-187 ff.) 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 EIR p. III-187 ff.) f) Place housing within a 100-year flood X 25 514 hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water service use for residential use and for landscaping irrigation. 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 be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, 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 proposed project will have to convey waters coming from adjacent hillsides, as well as on site drainage. The City requires that all projects retain the 100 year storm on site. The proposed tract map includes retention basins in on the eastern property line, adjacent to Washington Street. The City Engineer will approve the site hydrology study, to assure that these basins are sized to accommodate the storm flows on the site. The project proponent is also proposing the construction of a swale along the western property line, to convey water from the hillsides to a drainage easement between lots 45 and 46, and into the project streets. This system will be reviewed and approved by the City Engineer, to assure that flows are conveyed in conformance with the City's standards. Impacts associated with storm water drainage are therefore not expected to be significant. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. 26 515 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 is designated Low Density Residential in the General Plan. The proposed project is consistent with this designation. The project site is within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan, and fees in place at the time that building permits are secured will be collected. There will be no impacts to land use and planning. 27 516 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 consists primarily of coarse sands. The site is located in a fully urbanized area of the City, on a major roadway, and is not considered suitable for mineral resources. Wool 517 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Acoustical Analysis," Eilar Associates, 2004) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Acoustical Analysis," Eilar Associates, 2004 c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Acoustical Analysis," Eilar Associates, 2004) 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) A noise impact study was completed for the proposed project4. The study found that the noise levels currently on Washington Street exceed the City's standards for sensitive 4 "Acoustical Analysis Report Canyon Ridge," prepared by Eilar Associates, November 2004. 29 J�t� receptors. Since the project is proposing residential structures, the noise levels must be mitigated to an exterior level of 65 dBA CNEL, and the interior noise levels must not exceed 45 dBA CNEL. The study further analysed the site plan for the proposed project, and found that with construction of the two walls, one twenty feet from the eastern property line, and one along the eastern property line of the eastern -most lots, would reduce the exterior noise levels for the homes in this area to the range of 58.0 to 48.8 dBA CNEL, depending on the location. These levels are well below the City's standard, and will assure that the residents are not significantly impacted by noise. Noise will be generated during project construction. The proposed project is located immediately north of the existing Laguna de la Paz. It is likely that the grading of the site will result in noise levels which exceed the City's standards. However, since these noise levels are temporary and short term, they can be mitigated as follows. 1. Construction activities shall be limited to those hours prescribed in the Municipal Code. 2. All storage and staging areas, as well as equipment servicing areas, shall be located along the northern property line of the proposed project. No storage or staging shall be permitted adjacent to Laguna de la Paz. 3. All construction equipment shall be mufflered and adequately maintained throughout the construction of the project. With implementation of these mitigation measures, impacts associated with noise at the site are expected to be less than significant. 30 J19 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 construction of 74 single family homes will not induce substantial population growth. The site is currently partially developed but vacant, and no one will be displaced. Impacts associated with population and housing are expected to be negligible. 31 :��0 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a)Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate sales and 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 and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. r r)2 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. 33 522 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)? (TTM 32397) e) Result in inadequate emergency X access? (TTM 32397) f) Result in inadequate parking capacity? X (TTM 32397) 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 designated Low Density Residential on the General Plan land use map. The site could accommodate up to 114 dwelling units. 74 dwelling units are proposed. The site will generate approximately 708 average daily trips, which are well within the trip generation analysed in the General Plan EIR. That document found that 34 traffic on Washington Street at buildout of the General Plan would operate at an acceptable level of service. Since the proposed project will generate fewer units than originally envisioned, the impacts associated with the proposed project are expected to be slightly lower than previously analysed. The project does not include inadequate parking or unsafe designs. Overall impacts to traffic are expected to be less than significant. 35. J24 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.) 36 JAJ 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. 37 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has the potential to impact biological resources. These impacts have been mitigated above to a less than significant level. XVII. b) The proposed project will add to the housing types offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. Construction of the project will have no significant cumulative impacts. 5 627 XVH. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM 10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have also been mitigated to a less than significant level. 39 J�8 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. The Initial Study prepared for the La Quinta Arts Foundation (EA 2000-394) was used in the preparation of this report. 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. r4 0 N O O O M 4 �4 N A Eq 4-4 0 i 0 U N 0 z z O a U a U O a W Q O aa, mod' A Uzz p�q dA U U� o a" 0 o � ° � o d O d O ., U a , o C's 0 ,.. u Cd � O L7 �, o o co U U F o cd CA IA cd W a� a� �+ U U Cd Cd Cd U }�.,_ OQ OA GA wGasasEl A A A A A A qo G0-4 z Cd �, Cd Cd crs C's U U GQ U A a� vn zcqs O �•+ v O O > O Cd Yam. _. M 0 � 'd �I O Cd 3 N taA O o �any COCd o 4 a) s a� cd cd U cad y b ap 5 3U H A V p�q �A OV U co W O O O bo b F Cd b) 't� 'd❑ to to Cd to G c o a bo bo � x UAL UAx a� co cd o o U) (4i bn Cd a CdCd O ar"o to a b b 40 A, 'b z -C"3� a a H A U pq �A OU � o U U a� a F .b Cd bA A a �O aA � b GQ bA U �~ 42 t_ n J�1 [-y A U p�q �A a� a �W Ov H •o •o •o U a a a U U U A A A a cap A A Cd A b b b GU GQ � b � O OD o agcd 0 o A U F� ONO 0 V ap z Cd J�43 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY ± 28.43 ACRES INTO A 74 LOT RESIDENTIAL DEVELOPMENT CASE NO.: TENTATIVE TRACT 32397 APPLICANT: CANYON RIDGE L.L.0 WHEREAS, the City Council of the City of La Quinta, California, did on the 21" day of December, 2004, hold a duly noticed Public Hearing to consider the request of Canyon Ridge L.L.0 for the subdivision of ± 28.43 acres site into 74 single- family lots plus amenity and street lots, generally located at 47-555 Washington Street and more particularly described as: A. P. N .: 643-090-024, and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23d day of November, 2004, hold a duly noticed Public Hearing and adopted Resolution 2004-095 recommending approval of this Tentative Tract Map; and, WHEREAS, The La Quinta Community Development Department has completed Environmental Assessment 2004- 522 in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). Based upon this Assessment, there may be a significant adverse effect on the environment; however, mitigation measures have been imposed on the project that will reduce the impacts to less than a significant level; therefore, a Mitigated Negative Declaration has been certified; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval to justify approval of said Tentative Tract Map 32397: A. The proposed map is consistent with the City of La Quinta General Plan. The project is within a Low Density Residential (LDR) District per the provisions of the amended 2002 General Plan Update. Tentative Tract Map 32397 is consistent with the goals, policies and intent of the La Quinta General Plan provided conditions contained herein are met to ensure consistency with the General Plan, and mitigation measures are also met pursuant to Environmental Assessment 2004-522. P:\Reports - CC\ 1 2-21-04\Foxx Homes\CC RESO RESO TT 32397.doc 44 J :-3 3 City Council Resolution No. 2004- Tentative Tract Map 32397 Canyon Ridge L.L.C. Adopted December 21, 2004 B. The design, or improvement, of the proposed subdivision is consistent with the La Quinta General Plan and the Subdivision Ordinance. All streets, lot density and designs and other related improvements in the project conform to City standards. All on -site streets will be private. Access for the single- family lots will be provided from internal streets planned under the Tentative Tract Map. C. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. An environmental analysis concluded that this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because the site is disturbed saltbush habitat, impacted by agricultural activity and recent adjacent roadwork. The animal species found during the survey did not identify any species of concern. The site is disturbed and surrounded by developed areas, and its loss as biological habitat will not be significant. D. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems since installation of urban improvements will be based on City, State, and Federal requirements. E. The design of the lot, 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 the proposed internal streets will be privately owned and maintained, and that there will be no publicly -owned improvements within the Tentative Tract Map. The proposed streets are planned to provide direct access to each single-family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. F. The design of the lot, or type of improvements are not likely to cause serious public health problems in that the Fire Marshal, Sheriff's Department, and the City's Building and Safety Department have reviewed the proposal for public health conditions and the project is appropriately conditioned. PAReports - CC\12-21-04\Foxx Homes= RESO RESO TT 32397.doc 45 City Council Resolution No. 2004- Tentative Tract Map 32397 Canyon Ridge L.L.C. Adopted December 21, 2004 G. The design of the lots and grading improvements, including the pad elevations differentials within the tract bare an acceptable minimum in that the tract design preserves community acceptance and buyer satisfaction. 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 approve Tentative Tract Map 32397 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 21 st day of December, 2004 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California P:\Reports - CC\12-21-04\Foxx Homes= RESO RESO TT 32397.doc C" '� C Jv5 46 City Council Resolution No. 2004- Tentative Tract Map 32397 Canyon Ridge L.L.C. Adopted December 21, 2004 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PAReports - CC\12-21-04\Foxx Homes= RESO RESO TT 32397.doc JJ6 47 CITY COUNCIL RESOLUTION NO. 2004- CONDITIONS OF APPROVAL - RECOMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. ADOPTED: DECEMBER 21, 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 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 any 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 • SCAQMD Coachella Valley 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. PAReports - CC\12-21-04\Foxx Homes= COA TT 32397.doc * 48 a�v7 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 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. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc C" 49 JJ CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 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 (Augmented Major Arterial, 132' ROW) — The standard 66 feet from the centerline of Washington Street for a total 132-foot ultimate developed right of way except for an additional variable right of way dedication at the proposed primary entry measured 72 feet west of the centerline of Washington Street to accommodate existing improvements. At a minimum, right of way requirements along the Tentative Tract Map shall be measured 12 feet west of the existing curb face. 50 P:\Reports - CC\ 1 2-21-04\Foxx Homes\CC COA TT 32397A= � � n CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 9. The applicant shall retain for private use on the Final Map all private street right-of- ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width where streets are double loaded. The travel width may be reduced to 32 feet with parking restricted to one side, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. The applicant shall design the roadway between Lots 42 and 43 to a minimum of 32 feet. The applicant or design professional shall realign roadways for through movement traffic especially in the north/south directional streets. Median noses shall be adjusted to allow for such directional through movement. The applicant shall enter into an agreement with the City to remove the roadway between Lots 42 and 43 if future development to the west is not permitted. As an option, the applicant may remove construction of the roadway in the street improvement plan review process as approved by the City Engineer. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. 2) Cul de sacs shall have a minimum clearance of 15 feet from the back of curb to any perimeter wall. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 51. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc J 4 O CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 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. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s) . The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 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 (Augmented 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 P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 52 J�� CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to 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. 20. The applicant shall provide temporary emergency -vehicle -only access to this tract via the existing driveway near the north property line, until permanent access across the adjacent landowner's land is made available providing access to the future signal at the Washington Street/Lake La Quinta Drive intersection. The applicant shall remove the temporary access improvements and install permanent improvements connecting this tract to the permanent access route within one year of the permanent access easement becoming available. FINAL MAPS 21. 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. The Final Map shall be of a 1 " = 40' scale. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc r- A n 5 3 J .. (. CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 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. 22. 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. 23. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal D. Storm Drain Plans 1 " = 40' Horizontal NOTE: A through D shall be submitted concurrently. E. F. G. H. Off -Site Street Plan Vertical Off -Site Signing & Striping Plan 1 if = 40' Horizontal, 1 " = 4' 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. On -Site Street Improvement/Signing & Striping Plan Entry Rock Facade/Monument Plan* 1 " = 40' Horizontal, 1 " = 4' Vertical 1 " + 20' Horizontal P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 5 43 54 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 * To include sufficient street improvement and existing conditions for sight distance determination. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. H. On -Site Residential Precise Grading Plan 1 it = 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 and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "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. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 25. 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 P:\Reports - CC\ 1 2-21-04\Foxx Homes\CC COA TT 32397.doc '" t1 55 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 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 26. 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. 27. 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. 28. 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. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 29. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 5 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 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. Off -Site Improvements should be completed on a first priority basis. 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. 30. 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. 31. 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. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 51 5A6 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 GRADING 32. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 33. 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. 34. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 35. 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. 36. 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 P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 7 58, CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 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 feet (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. 37. 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. 38. The applicant shall meet and confer with the La Guna de la Paz HOA and establish a mutually agreeable landscape and wall concept along the joint property line that allows the applicant to maintain the pad elevations shown on the tentative map. The mutually agreed upon improvements shall be installed at the applicant's expense. 39. Prior to any site grading or re -grading 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. 40. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 41. 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. Additionally, the 100 year stormwater shall be retained within the interior street right of way. 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. 5 PAReports - CC\12-21-04\Foxx Homes= COA TT 32397.doc J CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 42. 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. 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 nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 43. Underground storage retention chambers design and the supporting hydrology report shall be as approved by the City Engineer. The applicant or any successor shall maintain the underground storage retention chambers in perpetuity. 44. 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. 45. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 46. 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. 47. 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. 48. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc r ""' 0 ��9 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 49. 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. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. Drainage swales along the mountain to the west of the property shall be reinforced gunite treated as approved by the City Engineer. Such treatment may be required for the swale along the south property line as approved by the City Engineer. IITII ITIFS 52. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 53. 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. 54. 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 55. 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. 56. The applicant shall construct the following street improvements to conform with the General Plan. A. OFF -SITE STREETS P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc J J O 61, CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 1) Washington Street (Augmented Major Arterial; 132' R/W): a) No additional street widening is required. Other required improvements in the Washington Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) The applicant shall reconstruct the curb returns, curb and gutter, sidewalk and storm drain facilities along Washington Street along the Primary Entry as shown on the tentative tract map. The applicant shall locate all boulders and monuments at the Primary Entry to provide adequate sight distance for ingress and egress vehicles. Adequate sight distance shall be provided near the sidewalk to ensure pedestrian safety. Boulders proposed for the placement in the right of way shall be of a size and configuration approved by the City Engineer. d) The applicant shall reconstruct the curb and gutter, sidewalk and storm drain facilities along Washington Street along the portion of the existing northerly entrance when it is abandoned and the signalized intersection at Washington Street and Lake La Quinta Drive is operational. The west curb face shall be forty eight feet (48') west of the Washington Street centerline. Prior to the above mentioned abandonment, the applicant shall reconstruct the existing northerly entrance for emergency access use only as approved by the City Engineer. e) 8-foot wide meandering sidewalk. Reconstruct the existing 8-foot wide meandering sidewalk at the redesigned Primary Entry and construct a 8-foot wide sidewalk across the existing northerly entry when abandoned and the signalized intersection at Washington Street and Lake La Quinta Drive is operational. 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. PAReports - CC\12-21-04\Foxx Homes= COA TT 32397.doc J CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 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. f) Final rock entry design shall be approved by the City Engineer and the Community Development Director. 57. 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). 58. The applicant shall remove and replace the existing sidewalk as needed at all locations where it is cracked, uneven at joints, or otherwise damaged pursuant to Streets & Highways Code Section 5610. This requirement applies to all sidewalk located in the public right of way adjacent to the property being developed. The applicant shall advise the HOA of its continuing obligation to maintain all sidewalk located in the public right of way adjacent to its property in a good state of repair pursuant to Streets & Highways Code Section 5610. B. PRIVATE STREETS 1) Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded. 2) Construct full 32-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are single loaded provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 3) Construct full 28-foot wide travel width improvements measured gutter flow line to gutter flow line where parking is prohibited and there is adequate off-street parking for residents and visitors, and the applicant P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 552 03, CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 makes provisions for perpetual enforcement of the restrictions in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 4) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 5) The applicant or design professional shall realign roadways for through movement traffic especially in the north/south directional streets. Median noses shall be adjusted to allow for such directional through movement. C. PRIVATE CUL DE SACS 1) Construct constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. 2) Cul de sacs shall have a minimum clearance of 15 feet from the back of curb to any perimeter wall. Private Streets and Cul de Sacs shall have a porous grade paver pavement structure as approved by the City Engineer. D. TRAFFIC SIGNAL ON WASHINGTON STREET AT THE PROPOSED DRIVE ACROSS LAKE LA QUINTA DRIVE 1) The applicant is responsible for 25 % of the cost to design and install the traffic signal at the Future Street Extension across Lake La Quinta Drive. Applicant shall enter into a SIA to post security for 25 % of the cost to design and install the traffic signal prior to issuance of an on site grading permit. The security shall remain in full force and effect until the signals are warranted. 59. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City'Engineer. 60. 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. Augmented Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 61. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 62. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Temporary Emergency Access (Existing northerly entrance on Washington Street): Emergency Vehicle access only. To be abandoned when the proposed Street Extension is constructed and signalized intersection at Washington Street and Lake La Quinta Drive is operational. PAReports - CC\12-21-04\Foxx Homes= COA TT 32397.doc CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 63. 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. 64. 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 65. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if requiredf 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. 67. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 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. 69. 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. 70. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 5 :J 5 LOUS CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 71. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 72. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 73. 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. 74. 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. 75. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 76. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 77. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. PAReports - CC\12-21-04\Foxx Homes= COA TT 32397.doc C JJ6 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 FEES AND DEPOSITS 78. 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. 79. 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).] FIRE MARSHAL 80. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. Fire hydrants are also required every 660 feet on the outside of the perimeter walls. 81. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 82. Any turn or turn -around requires a minimum 38-foot outside turning radius. 83 Flag lots are not permitted for safety reasons, check lot 35. 84. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor as measured by outside path of travel. 85. The minimum dimension for access roads and gates is 18 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height, and a turn through the center divider not to exceed every 100 feet. 86. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 87. Gates shall be automatic, minimum 18 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for 8: P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc JJ7 CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 88. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 89. 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. MISCELLANEOUS 90. All perimeter wall designs including height, color, material, design shall be reviewed by the Architecture and Landscape Review Committee and approved by the Planning Commission. 91. Proposed street name, with a minimum of two alternative names per street, shall be submitted to the Community Development Department for approval. The street names shall be approved prior to recordation of the map. 92. All mitigation measures contained in Environmental Assessment 2004-502 shall be met. 93. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. 94. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of Division 13 of the La Quinta Municipal Code. 95. Minor lot configuration modifications required to comply with these conditions and Fire Marshal requirements shall be reviewed and approved by the Community Development Department and Public Works Department. 96. Approval of production home designs and landscaping requires approval of a Site Development permit application by the Planning Commission. P:\Reports - CC\12-21-04\Foxx Homes\CC COA TT 32397.doc - S 619 JJ CITY COUNCIL RESOLUTION 2004- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT 32397 CANYON RIDGE L.L.C. DECEMBER 21, 2004 97. Within 24 hours of approval of the tentative tract map by the City Council, the developer shall submit to the Community Development Department, a check made out to the County of Riverside for $64.00 to allow filing of a Notice of Determination for Environmental Assessment 2004-522 as required by State law. 98. Prior to final map approval by the City Council, the developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13.48 of the La Quinta Municipal Code. 99. All dwelling units shall be single story and shall not exceed 22 feet in height. 100. All grading activity shall maintain the integrity of the toe -of -slope of the mountains. P:\Reports - CC\12-21-04\Foxx Homes= COA TT 32397.doc 70 ATTACHMENT 1 . • U` .. PROJECT s �~ •:1• �: SITE ..,� as •., ; . E : o ..D•RI.VE. �, .•' • :• • • 1 .. ti i ; . ••.•••: •..•. .� • . • •lp • •. • i ' y�.. ,.•. •. • s.• : ••; • . •. ••.... • •_ • �• • ' •• • •• t f•� ♦ • •.CA 40 ar .ice.•.. � s . � •��VI�E 50 7a ATTACHMENT S Planning Commission Minutes November 23, 2004 6. Chairman Kirk asked if the applicant would like to addr ss the Commission. Mr. Jerry Green, MDS Consulting, re pre nting the applicant stated he agrees with the conditions and aff report. 7. Chairman Kirk asked if the property to the wes as no larger than a foot differential in grade and there is a agreement with the adjoining property owner to construct wale on his property. Mr. Green stated this was correct. 8. Mr. Richard Hughes stated he wa he developer and just wanted to thank staff and in particular car Orci for all his work. 9. There being no furth/noe, ons of the applicant, Chairman Kirk asked if anyone else e to address the Commission on this matter. There being e public participation portion of the hearing was closed afor Commission discussion. 10. It was moved and econded by Commissioners Daniels/Ladner to adopt Planning mmission Resolution 2004-092, recommending certification of Mitigated Negative Declaration for Environmental Assessment 004-523, as recommended by staff. ROLL CALL: AY S: Commissioners Daniels, Krieger, Ladner, and airman Kirk. NOES: None. ABSENT: Commissioner uill. ABSTAIN: None 11./1tdas moved and seconded by Commissioners Daniels/Ladner to pt Planning Commission Resolution 2004-093, recommending roval of Tentative Tract Map 32848, as recommended by staff. LL CALL: AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None D. Environmental Assessment 2003-522 and Tentative Tract Map 32397; a request of Foxx Homes for certification of a Mitigated Negative Declaration of environmental impact and the subdivision of 28.42 acres into 74 lots and other common lots for the property located on the west side of Washington Street, north of Laguna de la Paz. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the G:\WPDOCS\PC Minutes\11-23-04.doc ° Planning Commission Minutes November 23, 2004 Community Development Department. Staff reviewed the changes submitted by the Public Works Department for Condition #20, #38, #56.A.(1)(c), and #58.D.1 . Staff also recommends the deletion of monitoring mitigation measure of the site contained n the Environmental Assessment. The Fire Department has agreed to the 18 foot width of the roadways and an 18 foot gate. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if there was any concern about the stability of the plant material. Staff stated no. Staff went on to discuss the cross section diagrams showing the pad elevations. 3. Commissioner Daniels asked if the Laguna de la Paz Homeowners' association (HOA) had been provided copies of the condition changes. Staff stated no. Commissioner Daniels asked if the applicant had met with the homeowners. Staff stated yes. 4. Commissioner Krieger asked if the design of the wall at the west end, adjacent to Laguna de la Paz will come back to the Commission and will the homeowners' association have an opportunity to review it. Staff stated it would be a mutually (between the developer and the HOA) designed wall that will need to be approved by the Architecture and Landscape Review Committee as well as the Planning Commission along with the entire perimeter wall design. 5. Chairman Kirk asked about the east/west sections, Lot 3 to 5 are not a part of this tract. Staff noted Lots 5 and 2 are a part of a different tract that will be combined with tract at a later date. Its main entrance will be through this tract. Chairman Kirk asked where this new tract exists and how many lots are proposed. Staff indicated the location, at the very west sand dune area and stated ten lots were proposed. The new tract would contain the access agreements. Assistant City Engineer Steve Speer explained this access agreement was already in place. Chairman Kirk questioned the blasting into the toe of the slope and asked staff to indicate the location where this was intended to take place. Staff indicated the location on the map and discussion continued. Chairman Kirk noted the Environmental Assessment did not note this to be a significant effect. Are the pad heights needed to be 60 feet for drainage? Assistant City Engineer Steve Speer stated the applicant is trying to create a number of sizable pads and keep the soil on the site. 73 G:\WPDOCS\PC Minutes\11-23-04.doc J Planning Commission Minutes November 23, 2004 6. .Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jim Foxx, the applicant, stated the pad elevations are at that height due to the sewer construction and he went on to explain what was being required of them by CVWD for the sewer connection. In regard to the conditions and changes, he generally has no objections. Conditions #10 and #58.13.3. need clarification with the width of the street. They are proposing a 28 foot street with no parking on either side. This was acceptable to staff. They are working with the HOA at Laguna de la Paz to design the wall. 7. Chairman Kirk asked the applicant where they intended to blast the mountain. Mr. Foxx stated they have no intention to blast. They do intend to blow the sand off the rock. If the "live" rock has been discolored, they intend -to color it to make it blend in. Chairman Kirk asked if he would have any objection to a condition being added to require them to maintain the integrity of the toe of the slope. Mr. Foxx stated he would have no objection. He went on to describe the project. 8. Chairman Kirk asked if anyone else would like to address the Commission on this matter. Mr. Charles Pariano, 48-1 14 Vista Cielo, Vice President of the Laguna de la Paz HOA, stated he would like to just go on record that they are working with the applicant in regard to the wall and any other issues of the wall and they hope to continue this relationship to make this a good project. 9. There being no further public participation, the public participation portion of the hearing was closed and open for Commission discussion. 10. Commissioner Daniels noted this was a difficult piece or property to be developed, but he is excited about the entry design. 11. Chairman Kirk commended the applicant and HOA on their ability to work between themselves to resolve their issues and he thanked them for their work. 12. It was moved and seconded by Commissioners Krieger/Daniels to adopt Planning Commission Resolution 2004-094, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004-522, as recommended. 74 G:\WPDOCS\PC Minutes\11-23-04.doc �) 6 3 Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None 13. It was moved and seconded by Commissioners Ladner/Krieger to adopt Planning Commission Resolution 2004-095, recommending approval of Tentative Tract Map 32397 as recommended. a. Condition 20: Delete and insert the following: "The applicant shall provide temporary emergency -vehicle -only access to this tract via the existing driveway near the north property line, until permanent access across the adjacent landowner's land is made available providing access to the future signal at the Washington Street/Lake La Quinta Drive intersection. The applicant shall remove the temporary access improvements and install permanent improvements connecting this tract to the permanent access route within one year of the permanent access easement becoming available." b. Condition #38: Delete and insert the following: "The applicant shall meet and confer with the Laguna de la Paz HOA and establish a mutually agreeable landscape and wall concept along the joint property line that allows the applicant to maintain the pad elevations shown on the tentative map. The mutually agreed upon improvements shall be installed at the applicant's expense.- C. Condition 56.A.M(c): Delete the last sentence of this paragraph regarding minimum boulder clearance from the sidewalk and insert the following: "Adequate sight distance shall be provided near the sidewalk to ensure pedestrian safety. Boulders proposed for placement in the right of way shall be of a size and configuration approved by the City Engineer." d. Condition #58.D.1: Delete the last sentence of this condition regarding the time frame for installation of the traffic signal at Lake La Quinta Drive. e. Condition clarification regarding the connecting street be 28 feet wider f. Condition added: The toe of slope integrity shall be protected and preserved but may be cleaned up in regard to color. t.. 7 5b4 G:\WPDOCS\PC Minutes\11-23-04.doc Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, and Chairman Kirk. NOES: None. ABSENT: Commissioner Quill. ABSTAIN: None BUSINESS ITEMS: A. Site Development Permit 2004-816; a request of K. Hovnanian Homes/Forecast Homes for consideration of landscape plans for Tract 20092 located at the northwest corner of Avenue 58 and Madison Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Staff requested a continuance of the project to the meeting of December 14, 2004. 2. \ontinue was moved and seconded by Commissioners Daniels/Krieger to the project to December 14, 2004, as requested. animously approved. VII. CORRESPONDENkE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: IX. ADJOURNMENT: There being no further business, 't was moved and seconded by Commissioners Daniels/Krieger to adjourn this reg lar meeting of the Planning Commission to a regular meeting of the Planning Com ission to be held on December 14, 2004, at 7:00 p.m. This meeting of the Planning ommission was adjourned at 7:56 p.m., on November 23, 2004. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 76 G:\WPDOCS\PC Minutes\11-23-04.doc 565 OF 'TKti9 COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: Public Hearing to Adopt. Resolutions Certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 200-524 and Approving Specific Plan 97-029, Amendment No. 3, for the Property Located at the Southwest Corner of Highway 111 and Dune Palms Road. Applicant: City of La Quinta Redevelopment Agency 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 2004-524, subject to the attached Mitigation Monitoring provisions; Adopt a Resolution of the City Council approving Specific Plan 97-0291 Amendment No. 3, subject to the attached Conditions of Approval. FISCAL, IMPLICATIONS: The approval of this Specific Plan Amendment, in and of itself, has no fiscal implications. However, the commercial development of the property will lead to an increase in City revenues from sales tax, and an increase in property tax revenues to the City and the La Quinta Redevelopment Agency. In addition, adoption of this Specific Plan Amendment will facilitate the Agency's disposition of this property, allowing the Agency to repay the loan from the City General Fund for the acquisition of the northerly portion of the property purchased this year from the Hammer family. CHARTER CITY IMPLICATIONS: None. IN 566 S:\CitvMar\STAFF REPORTS ONLY\PH 3 SP 97-029 Amd 3.DOC BACKGROUND AND OVERVIEW: The property that is subject to this Amendment (Attachment 1) consists of approximately 12.33 acres adjacent to the existing Centre at La Quinta ("Centre") (Attachment 2). Recently developed businesses in the Centre include Marshall's, PetsMart, and the Wal-Mart Supercenter. The property is a part of a larger parcel (27.77 acres) that was recently purchased by the La Quinta Redevelopment Agency. The southern segment of the property will be the subject of a separate residential specific plan which will be presented at a future date. The intent of Amendment No. 3 is to add this acreage to the existing Specific Plan, such that the character and design of the added area will be integrated with the existing Center. As specific building designs are prepared, they will be considered for approval by the Planning Commission through the standard Site Development Permit process. Past Amendments to the Centre at La Quinta Specific Plan included the following: Amendment 1: Changes to the Conditions of Approval regarding landscaping, under -grounding utilities, storm -water retention, a well site, infrastructure, signage and lighting. Amendment 2: Modifications to the Sign Program, allowance of car display jacks for the auto dealerships, and an Amendment to the Development Agreement regarding definitions. The property is currently vacant, except for a small remnant structure. In the past, the property was used for agriculture, but has been in disuse for some time. It has been used for some trash dumping and other unauthorized activities. The project will involve mixed commercial activities, consistent with the City's Zoning Code and the existing Centre at La Quinta Specific Plan. Three lots will be created as part of a forthcoming Parcel Map. The approximate configuration of the lots is shown on Amendment Figure 1-5. The project will have its primary access provided from Dune Palms Road although it will also be tied into the internal circulation system now in place for the Centre. It is anticipated that a new signalized intersection will be constructed that will serve as the primary access point (See Amendment Figure 1-9). Other access points will not be signalized and turning movements will be limited to right turn out and right turn in. On -site storm water retention for the existing Centre has been designed to contain runoff from a 100-year storm. The Amendment provides for connection to these facilities and/or new facilities designed to ensure that the amended Specific Plan 02 S:\CitvMar\STAFF REPORTS ONLY\PH 3 SP 97-029 Amd 3.DOC area will continue to meet the requirement for on -site retention of runoff. Nuisance water will be collected and directed to the landscape areas. As required by the General Plan as well as the Highway 111 Design Theme, special landscaping will be provided along the Highway 111 frontage. Similarly, landscaping along Dune Palms Road, which is designated as a Secondary Image Corridor, will be provided in accordance with the requirements of these City policies. All future development within the amended Centre will require approval of either a Site Development Permit or Conditional Use Permit or both. It is at that stage of development approval that specific project characteristics will be presented. This Amendment continues the existing Centre floor area ratio (FAR) standard of .25 (rather than the more liberal standard of .35 as contained in the General Plan for M/RC designated property). Other salient design standards include the provision that no building within 150 feet of a Secondary Image Corridor may be higher than one story or 22 feet. This standard will apply along both the Highway 111 and Dune Palm Road frontages. The height limit for the remainder of the area included in the Amendment is 25 feet. Environmental Review The La Quinta Community Development Department has completed Environmental Assessment 2004-524; based upon this Assessment, it has been determined that although the proposed project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, a Mitigated Negative Declaration of environmental impact is recommended for certification. Planning Commission Action At the December 14, 2004 meeting the Planning Commission (Attachment 3) reviewed this project and unanimously voted to recommend the City Council approve Specific Plan 97-029, Amendment No. 3, by adoption of Resolutions 2004-105 and 2004-106, respectively, subject to Findings and Conditions of Approval. Several of the Planning Commissioners noted they would like to see enhanced architectural designs and landscaping as the, Site Development Permits come forward for their review. Staff will work with future applicants to address this request. 03 S:\CityMgr\STAFF REPORTS ONLY\PH 3 SP 97-029 Amd 3.DOC 568 Public Notice This project was advertised in the Desert Sun newspaper on November 24 2004, and mailed to all property owners within 500 feet of the site. In addition, a courtesy notice was provided to the Rancho La Quinta Homeowners' Association representatives. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve Specific Plan 97-029, Amendment No. 3 can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 524, subject to the attached Mitigation Monitoring provisions; Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment No. 3; subject to the attached conditions of approval. 2. Do not adopt the Resolutions approving the project; or 3. Refer the Specific Plan Amendment back to the Planning Commission. 4. Proved staff with alternative direction. Approved for submission by, Thomas P. Genovese, City Manager Attachments: 1. Specific Plan Amendment document 2. Project Vicinity Map 3. Planning Commission excerpts }� 04 S:\CityMgr\STAFF REPORTS ONLY\PH 3 SP 97-029 Amd 3.DOC RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 97-029, AMENDMENT #3 CASE: ENVIRONMENTAL ASSESSMENT 2004-524 APPLICANT: LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did, on the 21" day of December, 2004 hold a duly noticed Public Hearing to consider the request of La Quinta Redevelopment Agency for Environmental Assessment 2004-524 prepared for Specific Plan 97-029, Amendment #3, located at the southwest corner of Highway 1 1 1 and Dune Palms Road, and more particularly described as the northerly portion of: APN: 649-030-034 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141" day of December, 2004 hold a duly noticed Public Hearing to consider the request of La Quinta Redevelopment Agency to recommend to the City Council certification of Environmental Assessment 2004-524 prepared for Specific Plan 97- 029, Amendment #3, located at the southwest corner of Highway 1 1 1 and Dune Palms Road; and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on November 24, 2004, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Environmental Assessment 2004-524 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared an Environmental Assessment in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Department has determined that the project, as conditioned, will not have a significant adverse impact on the environment because mitigation measures have been imposed on the project that would reduce impacts to less than significant levels, and therefore, is requesting that a Mitigated Negative 6 I.-T 191 PAReports - CC\12-21-04\Centre @ LQ\CC Reso MND.doc City Council Resolution No. 2004- Environmental Assessment 2004-524 December 21, 2004 Page 2 Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Clerk's Office on November 23, 2004 as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed application will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2004-524. 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. Potential impacts associated with the habitat of a fish or wildlife population are insignificant in that the site has been previously disturbed by prior grading activities. 3. There is no evidence before the City that the proposed project will have the potential for adverse effects on wildlife resources or the habitat on which the wildlife depends, in that no significant impacts were identified by Environmental Assessment 2004-524 regarding wildlife resources. Therefore, the project is found to be "de minimus" on its effect on wildlife resources. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of land uses for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The construction of additional development in the Amendment area will not have considerable .�� 06 571 City Council Resolution No. 2004- Environmental Assessment 2004-524 December 21, 2004 Page 3 cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. 6. The proposed project has the potential to adversely affect human beings, due to air quality, biology, cultural resources, geotechnical, hydrological, noise and traffic impacts. However, these impacts have been addressed through the imposition of mitigation measures which will lower the potential for significant impacts to less than significant levels on each of these dimensions. 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 2004-524 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. 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 2004-524 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2004-524 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of December, 2004, by the following vote, to wit: 070 07 City Council Resolution No. 2004- Environmental Assessment 2004-524 December 21, 2004 Page 4 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 08 �) 7 3 Environmental Checklist Form 1 Project Title: EA 2004 - 524 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Thomas P. Genovese, City Manager/ Interim Community Development Department City of La Quinta Project Location: West side of Dune Palms, between Avenue 48 and Highway 111 5. Project Sponsor's Name and Address: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 6. General Plan Designation: M/RC - Mixed 7. Zoning: *CR - Regional Regional Commercial Commercial 8. Description of -project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project involves the disposition and development of a 27.77-acre parcel, including the issuance of all related land use approvals and permits ("the Project") . The parcels are located on the northwest corner of Avenue 48 and Dune Palms in the City of La Quinta, APN 649-030-034 ("the Property"), and are situated between Avenue 48 and Highway 111, west of Dune Palms. (See Exhibits 1 & 2.) The site is vacant, with some vestiges of previous agricultural activities. (See Exhibit 3.) The La Quinta Redevelopment Agency acquired the Property in March of 2004, primarily for the purpose of carrying out its obligation to provide affordable housing. Approximately 15.44 acres of the Property will be developed with affordable housing, and the remainder will be developed with retail commercial. The actions, approvals, and permits which will implement the Project include (1) the adoption of a Specific Plan for the 15.44 acres located on the northwest corner of Avenue 48 and Dune Palms, for an affordable housing complex containing up to 300 units of varying sizes as well as accessory facilities (management office, recreation building, swimming pool, etc.); (2) the amendment of Planning Area III of the Centre at La Quinta Specific Plan to extend its border to Dune Palms, adding approximately 12.33 acres of property with the potential of an additional 164,000 sq. ft. of retail development to that Specific Plan; (3) the approval of a parcel map to create a parcel for the affordable housing development, and one or more commercial 09 PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC J 7 parcels (see Exhibit 4.); (4) approval of the site development permits, conditional use permits, grading permits, building permits, and any other required permits for the construction of the various structures to be built on the site; and (5) disposition of the property by the La Quinta Redevelopment Agency. The property is designated M/RC - Mixed Regional Commercial on the Land Use Element of the General plan. The zoning designation is CR - Regional Commercial. These designations allow a variety of commercial activities as well as high density residential uses so long as there is an affordable component. No general plan or zoning designation change is involved. This Environmental Assessment addresses the impacts of the Project, in combination with the remaining buildout of the existing Planning Area III of the Specific Plan. Primary access to the Project will be from Dune Palms Road. A signalized intersection will be developed to provide an entry to the property at the southern end of the commercial component of the property. This new intersection will be located approximately half -way between Highway 111 and Avenue 48. Additional non -signalized intersections will be located along Dune Palms Road, two serving the residential parcel and at least one serving the commercial ones. No access points from Avenue 48 are proposed. Driveways serving the retail center closest. to the corner of Highway 111 and Dune Palms Road consistent with City and Caltrans standards will provide access to the northernmost parcel. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: State Route 111, with commercial development on north side of highway. South: Avenue 48, bordered by low density residential (Rancho La Quinta). West: Commercial development (Super Wal-Mart Center) adjacent to northerly section of Property; vacant and CVWD pump site along southerly section. East: Dune Palms, bordered by commercial development and school district facility. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Caltrans, for development adjacent to SR 111: Coachella Valley Water District 10 PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC r, 575 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 Impactivas 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/Traf fic 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 r11. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 576 analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. November 18, 2004 Date Signature \12-21-04\Centre L \EA Mecklst.DOC r r P:\Reports CC @ Q J � 7 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, 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. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 578 12 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. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, and b) the mitigation measure identified, if any, to significance used to evaluate each question; reduce the impact to less than 14 PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 579 Potentially Significant Less Than Significant Less Than Significant No Impact Impact w/ Mitigation Impact I. AESTHETICS -- Would the project: X a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit 3.6) X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Project Description Materials) c) Substantially degrade the existing visual character or quality X of the site and its surroundings? (Project Description Materials) d) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? (Proiect Description Materials) I. a)-c) = The project will alter the visual character of the property from vacant, former agricultural operation to commercial and residential uses. This transition has been anticipated in the City General Plan and Zoning Code which designated the northern portion (closest to Highway 1 1 1) for commercial uses and anticipates residential in the area to the south. Highway 111 is designated as a Primary Image Corridor and Dune Palms and Avenue 48 are Secondary Image Corridors on the La Quinta General Plan (Exhibit 3.6). The site itself is without scenic merit, having been in disuse since the end of agricultural operations. Consistent with City General Plan Policies and zoning regulations, minimum landscape setbacks along the three scenic corridors will be as follows: Highway 111: 50 feet Dune Palms: 20 feet Avenue 48: 20 feet L \EA Mecklst.DOC r P:\Reports CC\12 21 04\Centre @ Q 530 In addition, City zoning code requires that building heights within 150 feet of the rights - of -way of Image Corridors be limited to 22 feet. These two standards maintain near distance visual character. Because the project will comply with adopted policies regarding enhancing visual character, impacts to these aesthetic topics is expected to be less than significant. In order to provide for continuing views of the Santa Rosa Mountains from the scenic corridors, Mitigation Measure No. AES-1 will ensure that specific building placement is designed to prevent a barrier effect by future development. AES-1: Prior to the approval of any site development or conditional use permit that authorizes structural improvements on the property, applicant shall prepare a line -of -sight or equivalent visual impact analysis meeting the approval of the Director, Community Development, that demonstrates that the placement, height and massing of proposed buildings do not result in significant obstruction of views of the Santa Rosa Mountains. d) Development of the property will increase the amount of ambient light in the area. However, City policies and standards ensure that direct lighting is limited to the property itself. Accordingly, any impacts are less than significant and no mitigation is required. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 58.1 16 II. AGRICULTURE RESOURCES: Would the project: a) Convert Prime Farmland, Unique 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-22 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? (General Plan EIR p. III-22 ff.) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact I X II. a)-c): Properties adjacent to the proposed project site are urbanized. There is no agriculture in the vicinity. There are no Williamson Act contracts that affect the project site. For these reasons, the proposed project will have no impact on agricultural resources, and no mitigation measures are required. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 17 III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable 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 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description, Aerial Photo, . site inspection) e) Create objectionable odors affecting a substantial number of people? (Project Description Materials) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact fl X X X III a)-b): City of La Quinta General Plan, with which the proposed project is consistent, reflects Southern California Association of Government's projections of jobs and housing. It is consistent with the Southern California Air Quality Management District plans as PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC J 8 well. As such, implementation of the proposed project will not conflict or obstruct implementation of the air quality plan. The Coachella Valley is part of the Southern California Air Basin, which is a non - attainment area for a number of pollutants. For the project area at issue, the General Plan EIR assumed a development level consistent with regional commercial uses. Within the General Plan EIR, the area at issue, plus certain additional land, was identified as Traffic Analysis Zone (TAZ) 896. Development intensities associated with this TAZ were utilized in projecting the traffic levels the site would generate as well as the associated air quality emission. The air quality impacts of the General Plan's build -out, were weighed by the City decision -makers at that time and General Plan update was approved, and were overridden in accordance with CEQA Guideline 15092. A statement of overriding considerations adopted at the time the General Plan EIR was certified. The trip generation levels currently anticipated with project buildout are within the daily trip generation rates assumed in the General Plan EIR. Based on the traffic analysis as well as other project characteristics, the engineering consulting firm of Urban Crossroads prepared an assessment of the project's air quality impacts.' That analysis, examined the following emissions utilizing SCAQMD procedures and the UREMIS model, reactive organic compounds (ROC), nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (Sox) and particulate matter (PM 10) in light of SCAQMD thresholds. The results of that analysis are as follows: PROJECT EMISSIONS SUMMARY SCAQMD Daily Thresholds for Project Operations (pounds per day) ROG NOx CO PM 10 SOx Dail (lbs/da) 55 55 550 150 150 SUMMER OPERATING EMISSIONS Area Source 6.96 3.88 3.12 0.01 0 Operations 55.96 36.76 643.76 54.55 0.36 total 62.92 40.64 646.88 54.56 0.36 % threshold 114% 74% 1 18% 36% 0% WINTER OPERATING EMISSIONS Area Source 6.77 3.86 1.6 0.01 0 Operations 51.05 58.8 548.63 69.68 0.36 total 57.82 62.66 550.23 69.69 0.36 % threshold 105% 114 %J 100% 1 46% 1 0% t Urban Crossroads, Centre at L aQuinta Air Quality Impact Analysis, November, 2004 19 CHecklst.DOC \EA P:\Reports - CC\12-21-04\Centre @ L r Q 584 MITIGATED PROJECT EMISSIONS SUMMARY SCAQMD Daily Thresholds for Project Operations (pounds per day) ROG NOx CO PM 10 sox Ib /d ) 55 55 550 150 150 Daily ( s ay SUMMER OPERATING EMISSIONS Area Source Operations total % threshold 6.94 3.60 3.12 0.01 0 47.6 29.59 518.27 43.75 0.29 54.54 33.19 521.39 43.76 0.29 99% 60% 95% 29% 0% WINTER OPERATING EMISSIONS Area Source 6.77 3.84 Operations 41.42 47.05 total 48.19 50.89 % threshold 88 % 1 93 % SCAQMD Daily Thresholds for Construction ROG NOx Daily (lbs/da) 75 100 PROJECT CONSTRUCTION EMISSIONS Construction 60.74 97.61 threshold 81 % 98% 1.59 439.79 441.38 80% ounds p CO 550 26.86 5% 0.01 55.63 55.64 37% r day)' PM10 150 0 0.29 0.29 0% Sox 150 75.5 0.04 50% 0% As can be seen, although there are instances when the project does exceed the established thresholds, application of mitigation measures will reduce all air quality impacts to a level below significance. c) As noted above, the proposed project's impacts were anticipated in the General Plan EIR. In evaluating the cumulative impacts of the buildout of the general plan, the City s EIR did include the development of the proposed project. As shown in the traffic analysis, the anticipated buildout of TAZ 896 remains well within the levels assumed in the EIR. There are no site -specific conditions which require further analysis. PARe orts - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 20 P J$5 d) The only sensitive receptor included in the project is the residential component. The residential uses are not located with a quarter mile of any facilities emitting toxic pollutants, nor are the residential uses located adjacent to a congested roadway or other area with a high background carbon monoxide concentration. An assessment was also done in 2004 of potential worst case one -hour carbon monoxide concentrations or "hotspots" as related to the current proposal. The conclusion of this analysis is that the project does not generate enough additional vehicle trips to crate a local CO hotspot. e) The proposed project consists of retail commercial and residential uses that are not expected to result in the emission of objectionable odors. f) The proposed project consists of retail commercial and residential uses that are not expected to result in the emission of objectionable odors. No mitigation is required. MM AQ-1: Prior to the issuance of a grading permit or building permit, whichever comes first, the Applicant shall prepare and implement a construction management plan, as approved by the City of La Quinta, which include the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD. Configure construction parking to minimize traffic interferences. • Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). Schedule construction activities that affect traffic flow on the arterial system to off-peak hours. Reroute construction trucks away from congested streets. Consolidate truck deliveries when possible. • Provide dedicated turn lanes for movement of construction trucks and equipment on -and off -site. Prohibit truck idling in excess of two minutes. • Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturers' specifications and per SCAQMD rules, to minimize exhaust emissions. • Suspend use of all construction equipment operations during second stage smog alerts. • Use electivity from power poles rather than temporary diesel- or gasoline - powered generators. • Use methanol- or natural gas -powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. • Use propane- or butane -powered on site mobile equipment instead of gasoline if readily available at competitive prices. [5.6-21 ] PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 8 21 MM: AQ-2 The applicant shall prepare and implement a PM 10 Plan based on the measures of SCAQMD Rule 403, Fugitive Dust, which are in effect at the time of development. The following measures are currently recommended to implement Rule 403, Fugitive Dust. The measures have been quantified by the SCAQMD as being able to reduce dust generation between 30 and 85 percent depending on the source of the dust generation. Apply approved non -toxic chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas inactive of four days or more). Replace ground cover in disturbed areas as quickly as possible. Enclose, cover, water twice daily, or apply approved soil binders to exposed piles (i.e., gravel, sand, dirt) according to manufacturers' specifications. Water active grading sites at least twice daily. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. Provide temporary wind fencing consisting of three- to five-foot barriers with 50 percent or less porosity along the perimeter of sites that have been cleared or are being graded. All trucks hauling dirt, sand, soil , or other loose materials are to be covered or should maintain at least two feet of freeboard (i.e., minimum- vertical distance between top of the load and the top of the trailer,), in accordance with Section 23114 of the California Vehicle Code. • Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (recommend water sweepers using reclaimed water if readily available) . Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. Apply water three times daily or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces. Enforce traffic speed limits of 15 mph or less on all unpaved roads. MM AQ-3: The Applicant shall implement all rules and regulations adopted by the Governing Board of the SCAQMD which are applicable to the development of the project (such as Rule 402, Nuisance and Rule 1113, Architectural Coatings) and which are in effect at the time of development. MM AQ-4: Prior to the issuance of a conditional use or site development permit, Applicant shall implement the maximum feasible pedestrian and bicycle facilities within and between the commercial and residential components of the project. L \EA Mecklst.DOC 2 2 P:\Reports CC\12 21 04\Centre @ Q Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, X 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? (AMEC Report, General Plan MEA, p. 73 ff.) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community x identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (AMEC Report, General Plan MEA, p. 73 ff.) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not X limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 73 ff.) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? (AMEC Report, General Plan MEA, p. 73 ff.) PARe orts - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 23 e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation X Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 73 ff.) a)-c) - The project site has been previously graded and has been disturbed over many years by agricultural activities. Since they were concluded, off road vehicle use, dumping and other unauthorized activities have occurred. In addition, the site is adjacent to urban development. There are no riparian resources on the site. A biologist from AMEC Earth & Environmental conducted a review of the site during September, 2004.2 J This review included both a literature survey and a site assessment. The general conclusion of the study is that the area is highly degraded and not a high value from a biological perspective, due primarily to the factors noted above. A total of nine plant and wildlife species were observed on the property. Only the southwest portion of the site borders an additional two to three acres of open, sandy creosote habitat, potentially suitable for several sensitive species including the Coachella Valley fringe -toed lizard (Uma inomata) . These open areas have since been graded for residential development, Tentative Tract 31311 (Santa Rosa Development) in October, 2003. Twenty-five plant and 14 animal species were identified during the survey. None of those observed are considered sensitive species. Although, not all species are observable in a short time period at a single time of year, the literature review, and the AMEC biologists' knowledge of the site vicinity, indicated that while other sensitive plants, animals and habitat types could potentially occur in the vicinity of the property, the degraded condition of the site reduces the potential of such species occurring at this location. e)-f) - Further, review of the EIR for the La Quinta General Plan indicates that the site is not included in the survey areas for species of special interest that could be found in such settings (e.g., Coachella Valley Giant Sand Treader Cricket, Flat -tailed Horned Lizard, the Palm Springs Pocket Mouse). However, the site is in the fee mitigation area for the Fringe -Toed Lizard. 2 AMEC Earth & Environmental, Inc., General Biological Assessment of the RSG La Quinta Site, September 16, 2004, is available for review at the City of La Quinta Community Development Department. P:\Reports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 58- 24 Accordingly, the following mitigation measures insure that any impacts on biological resources are reduced to a less than significant level. BIO-1: Common and Special Status Bird nests. If project site grading and/or construction occurs during the nesting /breeding season (typically February through July) of native bird species potentially nesting on the site, then the following measure shall be implemented: Prior to construction or site preparation activities, a field survey shall be conducted by a qualified biologist to determine if active nests of special status birds (i.e., loggerhead shrike) or common bird specified by the migratory Bird Treaty Act and/or California Fish and Game Code, are present in the construction zone or within 50 feet of the construction zone. If active nests are found, a minimum 50- foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier shall be erected around the nest site. No construction activities shall be permitted within this nest zone until the young birds have fledged, as determined by the project biologist. BIO-2: Coachella Valley Fringe -toed Lizard and Flat -tailed Horned Lizard. Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, applicant shall pay $600 per acre developed to the City of La Quinta as part of the Coachella Valley fringe -toed lizard mitigation plan. This mitigation structure has been established by the USFWS and CDFG. The fee is applied when lands within known or historical fringe -towed lizard habitat are developed. The project lies within the fee area. The mitigation fee is used to purchase fringe -toed lizard habitat in special preserves, such as the Coachella Valley Preserve area, for the purpose of maintaining suitable habitat for the fringe -toed lizard. In addition, even though there is only a low potential for the flat -tailed lizard to occur on the site due to the disturbed nature of the habitat, the fringe -toed lizard habitat on the site is also suitable for the horned lizard. Measures such as the payment of the mitigation fee that are enacted as part of the Coachella Valley fringe -toed Lizard Habitat Conservation Plan to preserve and enhance fringe -toed lizard habitat will also benefit flat -tailed horned lizard. Therefore the mitigation fee paid for the loss of the fringe toed lizard habitat on the site will also mitigate the loss of the same habitat for the flat -tailed horned lizard. These mitigations are expected to reduce potential project impacts to biological resources to less than significant levels. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 590 25 V. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Government Code Sec 15064.5 (General Plan MEA, p. 123 ff.) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Sec 15064.5? (General Plan MEA, p. 123 ff.) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (General Plan Exhibit 6.8) d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact FIA X X V. a)-d) - As noted above, most of the project site has been previously graded for agricultural activities. Nevertheless, the general vicinity is one of potential significance as having been adjacent to the lakeshore(s) of previously -existing Lake Cahuilla. Archaeologists from the Keith Companies conducted a Phase 1 and Phase 2 Cultural Resources investigations of the Property. This investigation involved both archival and site examinations. Although the site is highly degraded, some historical aspects as well as evidence of pre- historic habitation was noted. Further investigation was undertaken to ensure that no significant resources would be destroyed by project implementation. The results of that work were that it is appropriate to document and salvage artifacts on the site to ensure they will be appropriately catalogued and disposed of in an appropriate manner. The following mitigation measure will ensure that impacts remain below a significant .level: MM Cul-1 Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, Applicant shall submit an Archaeological Monitoring program for approval by the Director, Community Development. Said report shall include, but not be limited to, provisions that will ensure that the following issues are addressed: P:\Reports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 26 • Any diagnostic artifacts exposed at any site identified in the Phase I study shall b collected for curation at the La Quinta Historical Museum so that additional archival research can be conducted with the La Quinta Historical Museum, the Coachella Valley Historical Museum or other local entities. For the former dwelling unit in the middle of the parcel, the standing structure and all related features within the site should be photo documented in detail, and a detailed architectural site recode be filed with the EIC. Additional archival research is recommended with the La Quinta Historical Museum, the Coachella Valley Historical Museum and other agencies to seek additional historical information about the site. Focused monitoring of the demolition of the structure should be conducted to recover any historic artifacts of interpretive value, assess significant features that may be exposed and to monitor for buried cultural deposits of older time periods. • The Program shall detail procedures to ensure that an archaeological monitor will be on site during initial grading activities in the vicinity of the sites identified in the Phase 1 Cultural Resources Investigation as well as those activities that would lead to a deeper excavation that may occur following the initial grading sequence The archaeological monitor may be joined by a Tribal monitor is required by local Native American bands in conjunction with federal, State and local requirements. • The Archaeological Monitoring Program shall also detail procedures that will be followed in the unlikely event that human remains are encountered during project construction, pursuant to Public Resources Code Section 5097.98, to include provisions that the following steps are taken upon discovery of human remains: 1. Stop work immediately in vicinity and contact Riverside County Coroner; 2. The Coroner has two working days to examine human remains after being notified by responsible person. If the remains are Native American, the coroner has 24 hours to notify the Native American Heritage Commission; 3. The native American heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased native American; 4. The most likely descendent has 24 hours to make recommendations to the owner, or representative for the treatment or disposition, with proper dignity, of the human remains and grave goods; 5. If the descendent does not make recommendations within 24 hours the owner shall reinter the remains in an area of the property secure from further disturbance, or; If the owner does not accept the descendant's recommendations, the owner of descendent may request mediation by the Native American Heritage Commission. This mitigation will reduce potential project impacts to cultural resources to less than significant levels. 27 P AReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 59� Potentially Significant Less Than Significant Less Than Significant No Impact Impact w/ 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, as delineated on the most recent Alquist-Priolo Earthquake X Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan MEA Exhibit 6.2) X ii) Strong seismic ground shaking? (General Plan MEA Exhibit 6.2) iii) Seismic -related ground failure, including liquefaction? (General X Plan Exhibit 8.2) X iv) Landslides? (General Plan Exhibit 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan X Exhibit 8.4) c) Be located on a geological unit or soil that unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan Exhibit 8.3) 28 P:\Reports \EA CHecklst.DOC J 93 CC\1221-04\Centre @ LQ d) Be located on expansive soil, as defined in Table 18-1-13 of the X Uniform Building Code (1994)1 creating substantial risks to life or property? (General Plan Exhibit 8.1) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste X water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a) i)-iv) - The proposed project site lies approximately 5 miles from the San Andreas Fault, in a Zone IV groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake Due to its location and underlying geology, the risk of liquefaction on the site is considered low. Adherence to State and local seismic standards in the design and construction of structures on the site will ensure that the potential impacts due to seismic events are less than significant impacts. Furthermore, Mitigation Measures noted below will provide that additional design considerations are observed during actual development and construction. GEO-1 Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, Applicant shall conduct a geotechnical investigation to determine whether there are any localized geological constraints that would require special design or construction measures. If such constraints are found, incorporate appropriate design and construction control measures in to grading, foundation and/or structural plans, as recommended by the geotechnical engineer. GEO-2: Prior to the issuance of a conditional use permit, a site development permit or a grading permit, whichever occurs first, applicant shall prepare a detailed soils engineering report meeting the approval of the City Engineer. Said report shall include, but not be limited to, the following topics: • Criteria for design of foundations, slab -on -grade construction, site grading specifications and utility trench backfill recommendations. • Structural design to account for the anticipated ground shaking characteristics in the design of the proposed buildings for earthquake loading. Project plans and specifications shall satisfy the seismic design parameters set forth in the latest addition of the Uniform Building Code, as administered by the City, of La Quinta. These criteria are considered minimum guidelines for project structural design. 29. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 594 b) The site is located in a very severe wind erosion area, and will therefore potentially be subject to significant soil erosion from wind. City standards for construction practice during construction phases will ensure that any such wind erosion remains below a level of significance. c)-e) The soils on the subject property have a low expansion probability, as defined in the Uniform Building Code. Waste water disposal will be provided by the Coachella Valley Water District so there will not be reliance on septic systems or similar methods of waste water disposal. 0 PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 595 Potentially Significant Less Than Significant Less Than Significant No Impact Impact w/ Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project. a) Create a significant hazard to the public or the environment through the routine transport, use, or X disposal of hazardous materials? (Project Description Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? (Project Description Materials) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or X waste within one -quarter mile of an existing or proposed school? (Project Description Materials) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant X to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (DTSC List) e) For a project located within an airport land use plan or, where such a plan has not been adopted, X 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) PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC J 9 6 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for X people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted X emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, X including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) a)-c) The Desert Sands Unified School District operates a childcare center/pre-school at 47950 Dune Palms Road, east of the residential component of the project. Construction of both the commercial and residential areas of the project would involve the use of potentially hazardous materials, particularly fuel and lubricants. Standard City requirements placed on grading and building permits related to required grading and construction fueling practices ensure that such environmental imparts are less than significant In a similar fashion operation of the project, could, involve such things as household cleaners, swimming pool chemicals, fuel and lubricants for lawn maintenance as well as vehicles. Other than motor fuel, federal, State and local regulations and standards set appropriate safety levels for such potentially hazardous materials, particularly given the small amounts of such materials that are typically associated with household or retail uses. These standards and policies will ensure that any impacts to the environment are less than significant. There will, of course, be a higher volume of fuel and lubricants at a retail gas station. Such a use is allowed in the commercial area of the expanded Planning Area III. However, this location is not in the vicinity of any schools, residences or other sensitive land uses. Once again, standard regulations related to the delivery, storage and pumping of gasoline ensure that there will be no significant impacts on the environment. P AReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC J 9 7 d) The site is not listed on the Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List). A Phase I Environmental Site Assessment was undertaken in by Earth Systems Southwest March, 2004, which identified possible underground storage tanks (USTs), lead and DDT -related issues on the site.' Based on this initial investigation, a Phase II investigation was undertaken. This effort resulted in the conclusion that no USTs are present and lead residues were removed. Lastly, while low concentrations of DDT and its breakdown products were detected in testes performed on surface soil on site, the concentrations were well below the residential preliminary remediation goals (PRGs). The conclusion of this Phase II Environmental Assessment is that potential environmental impacts from hazardous materials on the site are less than significant. e)-h) The site is not located in proximity to any airport or airstrip. It is surrounded by urbanized uses, with access to Dune Palm Road, a primary arterial roadway. Its location does not interfere with any emergency response or evacuation plan. Lastly, due to its location well away from open space areas, the site is not susceptible to wildland fires. 3 Earth Systems Southwest, Report of Phase I environmental Site Assessment and Report of Phase II Investigation and Lead Removal, May, 2004. P:\Reports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC �98 33 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge X requirements? (General Plan MEA, p. 92ff) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a X 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 MEA, p. 92ff)) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of X the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? (General Plan MEA, p. 92ff) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of X 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 MEA, p. 92ff) 34 P AReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC . 599 e) Create or contribute runoff water which would exceed the capacity X of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or X Flood Insurance Rate Map or other flood hazard delineation map? (General Plan MEA Exhibit 6.6) g) Place within a 100-year flood hazard area structures which would X impede or redirect flood flows? (General Plan MEA Exhibit 6.6) VIII. a) Pursuant to City of La Quinta policies, conditions of approval will be imposed on the project that require the project comply with the National Pollutant Discharge Elimination System (NPDES) program. Under the NPDES Stormwater Permit issued to the County of Riverside and to the city of La Quinta as one of the co-permitees, all development and significant redevelopment is obligated to implement structural and non- structural facilities for non -point source pollutants reaching the Waters of the U.S. to the maximum extent practicable. Thus, the proposed project will not affect groundwater quality. b) The project site is not now used for groundwater recharge. In fact, installation of on - site retention basins required for flood control/drainage purposes, will provide a limited recharge enhancement. Development of the project site is consistent with the La Quinta General Plan. Its policies, as well as those of the Coachella Valley Water District, ensure that there is not a significant depletion of groundwater resources. c)-e) The proposed project will result in a decrease in water absorption rates because the amount of impermeable surfaces on the site will be increased over existing conditions. This will also result in the generation of additional runoff on the project site. To compensate for the additional runoff, drainage facilities will be provided as part of the project to direct this runoff to onsite retention basins, thereby ensuring that such impacts are less than significant. These basins will be designed to capture the runoff from the 100-year storm event. Physical and biological project design features, consistent with City standards, will capture and. stabilize or reduce polluted runoff to less than significant levels. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 600 35 f)-g) The project site is not within the 100-year flood plain or a flood hazard zone as defined by the Federal Emergency Management Agency (FEMA). No mitigation measures are required. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 3 60 IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? (Project Description Materials) b) Conflict with any applicable land use 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 conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact X Q X IX. a)-c) - The project site is adjacent to commercial development along the Highway 1 1 1 corridor. Property on the east side of Dune Palms Road is currently developed for commercial and institutional uses. Property to the south (across Avenue 48) is residential and that to the west is approved for a residential project which is under construction. It will be, in essence, an infill development consistent with City policies and as such will not divide an established community. Its future development will implement the General Plan intent of the Mixed Regional Commercial land use designation Development of the site will not interfere with any Habitat Conservation Plan, although the project site is located within the existing fee area (but not a reserve) for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. No mitigation measures are required. PARe orts - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC n 37 6 E 1U X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (General Plan MEA, P. 72 ff.) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (General Plan MEA, p. 72 ff.) Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact X X X. a) - b) - The project site is located in the MRZ -1 Zone, and is not expected to contain mineral resources. It has not been used for mineral extraction in the past. Therefore, potential impacts on the environment due to a loss of availability of known regionally or locally important mineral resources are not anticipated. No mitigation measures are required. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 38 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or - X applicable standards of other agencies? (General Plan MEA, P. 111 ff.) b) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? (Project Description Materials) c) A substantial permanent increase in ambient noise levels in the X project vicinity above levels existing without the project? (Project Descri tion Materials) d) A substantial temporary or periodic increase in ambient noise X levels in the project vicinity above levels existing without the project? (General Plan land use map) e) For a project located within an airport land use plan or, where such a plan has not been adopted, X 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) PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 6 4 ME f) For a project within the vicinity of a private airstrip, would the project expose people residing or X working in the project area to excessive noise levels? (General Plan land use map) XI. A noise analysis was conducted by Traffic engineering consulting firm Urban Crossroads to determine the noise impacts associated with development of the project. a) According to the noise' contours for General Plan buildout conditions, the noise levels for the exterior living areas (in the residential component of the project site) located within 139 feet of Dune Palms Road and 178 feet from Avenue 48 will exceed the City's standard of 65 dBA CNEL for residential areas. With a noise barrier (perimeter wall), these noise levels will be reduced to a level below 65 CNEL. b) Neither the operation nor traffic generated by the project is expected to create significant levels of ground borne vibration or noise. The activities permitted in the M/RC Mixed Regional Commercial area do not involve any industrial or similar activities with that characteristic. Further, due to the simple nature of the future structures, the construction activities necessary to complete them will not cause such impacts. c) The off -site noise analysis indicates that for the General Plan buildout conditions, the traffic associated with the proposed project will not create a noise level increase of 3.0 dBA or greater on study area roadways. An increase of less than 3.0 dBA CNEL is generally considered to be insignificant in terms of community noise impact assessment. The results of the off -site noise analysis show that the projected project's noise level contributions will not result in significant impacts to the existing or future sensitive noise receptors identified in the project study area. Noise generated from the proposed commercial center is expected to impact the residential component of the proposed project. Air conditioning units and trash compactors that are expected to be located near the southern boundary of the commercial complex could generate enough noise to exceed City standards. Accordingly, to minimize potential noise impacts from the commercial center, an 8-foot screen wall will be utilized as a project design feature to ensure that such noise impacts are reduced to a level of insignificance. d) Noise increases from the project will be generated during the grading and construction activities. These activities will be short term and will be subject to the construction activity restrictions applied by the City of La Quinta on all such projects (days and hours of operation, equipment maintenance standards, etc.) These temporary increases in noise levels from project construction activity are expected to be less than significant. Furthermore, there are few noise sensitive land uses near the project site. Qnly the existing and future residential adjacent to the southern portion of the Property are PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 6 5 40 considered sensitive, along with the childcare center/pre-school across Dune Palms Road. The two residential areas are each protected by a perimeter wall. e)-f) The project site is not within the vicinity of an airport or airstrip. MM N01-1 Prior to the issuance of the first grading or building permit, applicant shall submit a noise study and construction mitigation program meeting the approval of the City Engineer, demonstrating the following: • That through the use of appropriate project design features, the noise levels in outdoor living areas as well as interior areas for all residential uses meet City standards. • During all project site excavation and grading on site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest the project site. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise sensitive receptors nearest the project site during all project construction. • The construction contractor shall limit all construction related activities that would result in high noise levels according to the construction hours to be determined by City staff. • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 6 4.1 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly X (for example, through extension of roads or other infrastructure)? (General Plan, Housing Element.) b) Displace substantial numbers of existing housing, necessitating the X construction of replacement housing elsewhere? (General Plan, p. 9 ff., Project Description Materials) c) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? (Project Description Materials) XII. a) - The residential portion is identified as a potential affordable housing site on the City's Housing Element. Further, the Land Use designations on both the General Plan and zoning call for residential development so long as it is in conjunction with commercial and has an affordable component. As such, the expectation is that up to 300 dwelling units can be developed, consistent with these policy and regulatory documents. Furthermore, La Quinta has a demonstrated need for low- and moderate -income units. Given the size of this need, as documented in the Housing Element, and the relatively small proportion of the total growth that the project will represent, the impacts on population and housing are anticipated to be less than significant. b)-c) The project site is vacant and has been for many years. Neither housing units nor population will be displaced by the project. No mitigation measures are required. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC Potentially Significant Less Than Significant Less Than Significant No Impact Impact w/ 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, X p. 57) Police protection? (General Plan X MEA, p. 57) Schools? (General Plan MEA, p. 52 X ff.) Parks? (General Plan; Recreation X and Parks Master Plan) Other public facilities? (General X Plan MEA, p. 46 ff.) The Riverside County Fire Department provides fire protection under a contract with the City of La Quinta. Police Service is provided by the Riverside Sheriff's Department, under a contract with the City of La Quinta. With the inclusion of standard conditions of approval, potential adverse impacts relative to fire and police protection are expected to be less than significant and no mitigation is required. School facilities in the project area are provided by the Desert Sands Unified School District (DSUSD). The student generation factors (i.e., students per dwelling unit) utilized by the district for both attached and detached housing products are as follows: K-5 6-8 9-12 Total Detached .2904 .1407 .1828 .6137 Attached .0879 .0325 .0357 .1561 43 PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 6''8 Thus, with a maximum of 300 dwelling units, the student generation from the project would range between 46 and 184 students. Although the type of residential units has not been defined at this point, these generation factors are the best source of information about future demands on the school district. Many of the schools in the district are at or nearing capacity levels. The DSUSD has plans to open new schools in the vicinity of Eisenhower and Calle Tampico and on Madison. These facilities will relieve the schools serving the project site Pursuant to State law, and as described in the report entitled Residential Development School Fee Justification Study for the Desert Sands Unified School District, February 24, 2004, the DSUSD has adopted a school impact resolution and collects developer fees to offset the increase in students resulting from new development, both from commercial and residential development. Consistent with the provisions of CEQA, these fee programs are adequate mitigation for impacts on the school district. The City has the right to impose fees for the acquisition and improvement of parks, commonly referred to Quimby Fees. Other public facilities potentially impacted by the project include road maintenance and library services. As discussed above, the project is consistent with the City General Plan and Zoning Code. With the inclusion of standard conditions of approval related to fee programs addressing these services, potential adverse impacts relative to road maintenance and, library services XX are expected to be less than significant and no mitigation is required. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational X facilities such that 'substantial physical deterioration of the facility would occur or be accelerated? (General Plan Land Use Plan, Project Description Materials) b) Does the project include recreational facilities or require the construction or expansion of X recreational facilities which might have an adverse physical effect on the environment? (Project Description Materials) XIV. a) b) - The potential development of up to 300 residential units could be expected to slightly increase the demand for parks. The closest park to the project site is La Quinta Park, located on Westward Ho Drive, east of Adams Street. The City of La Quinta imposes park dedication and/or park in -lieu fee requirements for residential developments. The proposed development will be required to pay its fair share of park fees. In addition, the residential component of the development will provide various on -site recreational amenities for use of its residents. The facilities will be typical of this type of development - swimming pools, tot lots and playgrounds, and possibly a small gymnasium/community center. All are within the project boundaries, will be part of the overall grading and construction process, and will not exhibit any unusual characteristics that might cause impacts not already described. These facilities as well as the required park in -lieu fees will offset the impacts of the project on recreational facilities ensuring that no significant impact will occur. Accordingly, no mitigation measures are required. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC r 610 45 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XV. TRANSPORTATION/TRAFFIC - - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan MEA, P. 27ff.) b) Exceed, either individually or cumulatively, a level of service X standard established by the county congestion management agency for designated roads or highways? (General Plan MEA, p. 27 ff.) c) Result in a change in air traffic patterns, including either an X 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 design feature (e.g., sharp curves or dangerous intersections) X or incompatible uses (e.g., farm equipment)? (Project Description Materials) e) Result in inadequate emergency X access? (Project Description Materials) f) Result in inadequate parking X capacity? (Project Description Materials) PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 611 11 g) Conflict with adopted policies, plans, or programs supporting X alternative transportation (e.g., bus turnouts, bicycle racks)? (Project Description Materials) XV. a)-b) - Highway 111 is designated as an Augmented Major (8D) and Dune Palms is a Primary Arterial - A (4D) on the City General Plan. (General Plan Exhibit 3.5, as amended by Resolution 2003-01 1.) Access to the project will be provided by one new signalized intersection into the commercial component of the project as well as four additional driveways (two each in the commercial component and residential component). These unsignalized intersections will be limited to "right turn out" only. "Left turn in" movements will be permitted at. one access point in the residential component. A traffic analysis was undertaken by the traffic engineering firm of Urban Crossroads to assess the potential impacts of the project on traffic and transportation facilities.' The proposed development is anticipated to generate approximately 10,100 trips per day, with 332 trips during the AM peak hour and 511 trips during the PM peak hour. It should be noted that a portion of the trips (25 percent) are anticipated to be due to pass -by traffic. The project trip distribution (directional orientation of the trips) has been based on near - term conditions, based on those highway facilities which are either in place or will be completed over the next few years, which represents the opening occupancy for the proposed development. Using standard methodologies from the Institute of Transportation Engineers, the study evaluated the impacts of the project traffic on the nearby roadway network. Based on this analysis in which the project traffic from the project was added to that now on the roadways, expanded by a standard growth factor, the Urban Crossroads study concludes that the project will not have a significant impact on the intersections in the area. There will be a need for a deceleration lane for southbound traffic on Dune Palms Drive as it approaches the new signalized intersection. In addition, there will need to have left turn pockets for north bound traffic wishing to enter the project. These project design features will be incorporated into the site development plans for the commercial component of the project, consistent with standard City of La Quinta policy. The City of La Quinta has proposals to improve the intersection of Highway 111 and Dune Palms Road to its full General Plan configuration. This project, which will be completed prior to the proposed project, will ensure that traffic movement at that location is well within City (and CALTRANS) performance levels. 4 Urban Crossroads, Centre at La Quinta, Traffic Impact Analysis, City of La Quinta, CA, 2004. P:\Reports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 612 47 The Comprehensive General Plan Update EIR evaluated traffic conditions for the buildout of the General Plan, and identified a number of mitigation measures that would be needed to ensure that the road way network operates at an acceptable level of service. Specifically, the EIR identified the need to upgrade Dune Palms Road from a Secondary Arterial (4U) to a Primary Arterial A(4D) That mitigation was completed as part of General Plan Amendment 2002-088. Future buildout of the Dune Palms Road will be in accordance with its new General Plan designation. Other segments of the roadway network were identified as operating within acceptable levels of service (LOS) at General Plan buildout. MM TRN-1: Prior to the issuance of the first grading permit, Applicant shall submit a detailed improvement plan for Dune Palms Road between Highway 111 and Avenue 48 meeting the approval of the City Engineer, in consultation with CALTRANS, addressing deceleration lane(s) and median/left turn pockets. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 613 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XVI. UTILITIES AND SERVICE X SYSTEMS B Would the project: a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or X 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 new storm water drainage facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? (General Plan MEA, P. 58 ff.) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X capacity to serve the projectes projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 614 I O f) Be served by a landfill with sufficient permitted capacity to' X accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local statutes and regulations X related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a)-b) The Coachella Valley Water District (CVWD) operates and maintains the sanitary sewage collection and treatment system for the City of La Quinta (as well as other areas).CVWD is continuously increasing the capacity of all its wastewater treatment facilities to meet demands. The proposed project is consistent with the City General Plan and its wastewater conveyance and treatment needs constitute only a small part of that envisioned by buildout of the General Plan. c) Similarly, the CVWD operates and maintains regional stormwater management facilities within the City of La Quinta. These facilities transport flows through the City and include the Coachella Valley Stormwater Channel and the La Quinta Evacuation Channel. The City requires that new development install on -site retention basins capable of managing runoff from the 100-year flood. This policy will be applied to the project, thereby ensuring that any stormwater impacts are less than significant. d)-e) As noted, the project is consistent with the General Plan and represents a very small increment of the buildout of the City of La Quinta and its sphere of influence. Adequate capacity for water and wastewater services for the project are available from CVWD. It is anticipated that a well site may be developed in the residential component of the project to allow CVWD to provide water to its service area. The well site will be located in the area being prepared for residential development and will not involve any special steps other than the actual drilling of the well. f)-g) Solid waste collection and disposal service is provided by Waste Management of the Desert, to include efforts to recycle and otherwise divert material from the waste stream in accordance with State law (AB 939). Once again, the amount of solid waste associated with the project is very small when compared' against the buildout of the General Plan. Accordingly, any impacts will be less than significant. As noted in the general plan, while the disposal company has indicated its ability to adequately serve this buildout level of population, it will continue to be necessary for the City and Waste Disposal of the Desert to work closely to assure that adequate long term disposal sites are selected and utilized. PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 615 5-0 Potentially Less Than Less Than No Significant Significant Significant Impact Impact w/ Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to 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 X 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 X potential to achieve short-term, to the disadvantage of long-term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively X considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? PAReports - CC\12-21-04\Centre @ LQ\EA CHecklst.DOC 616 XVII. a) The project site has been disturbed for many years and does not contain potential habitat for fish or wildlife. The proposed project will not degrade the quality of habitat in the area. Nor will the project have any impact on cultural resources. Based on the results of the cultural resources surveys, there are no important examples of California history or prehistory located on the project site. XVII. b) The project is consistent with the long term goals of the General Plan, and is currently designated for M/RC Mixed Regional Commercial development. There is no potential for the project to achieve short term goals to the disadvantage of long term goals. XVII. c) The impacts associated with the project are not cumulatively considerable. The project is consistent with that analyzed in the General Plan EI R. XVII. d) The development of the property in the proposed manner will help meet the documented need for housing opportunities in La Quinta. The project does not have environmental effects that will cause adverse effects on human beings, either directly or indirectly. PAReports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC 617 52 XV111. 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. See below. 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. Sources of Information: City of La Quinta Comprehensive General Plan, adopted March 20, 2002 City of La Quinta Master Environmental Assessment, adopted March 20, 2002. City of La Quinta Comprehensive General Plan Draft EIR, July 2001 DEIR for Centre at La Quinta (SCH 9701 1055), dated April 18, 1997 AMEC Earth' & Environmental, Inc., Genera/ Biological Assessment of the RSG La Quinta Site, September 16, 2004. Earth Systems Southwest, Report of Phase I Environmental Site Assessment and Report of Phase // Investigation and Lead Removal, NWC Dune Palms Road and Avenue 48, March 22 and May 5, 2004, respectively. Keith Companies, Phase I Cultural Resources Investigation of 27.7 acres located North of Avenue 48 and West of Dune Palms Road, City of La Quinta, September, 2004. Urban Crossroads, Centre at La Quinta Access Evaluation, November 19, 2004 Exhibits: 1. Vicinity Map (USGS) 2. Assessor's Parcel Map 3. Proposed Parcels 4. Aerial Photograph 5. Ground Photos of Site P:\Reports - CC\12-21-04\Centre @ LQ\EA Mecklst.DOC • H • 53 Exhibit 1— Vicinity Map (USGS Quad) J I� • - 0 ._�. . O .C7 ._raitbr •60. � i 1 LA QUINTA QUADRANGLE CALIFORNIA—RIVERSIDE CO. 7.5 MINUTE SERIES (TOPOCRAP'HIC)" ,,-' ..__._` NE/4 PALM DESERT IV QUADRANGLE ;GI? v' ••. r ��M-1 3733 5.70000 FEET $730 42'30" vpg La Quinta Redevelopment Agency Exhibit 1 54 620 Exhibit 2 — Assessor Parcel Map PLKY. to L'Agii1TY (ASSESS^P S PARCEL G 51-E vR'JiNANCES. PAN X 3.2 AC I PAR < ss 3.49 AC WA9 PAR 5 cC 4.94 AC i AC S 1 2 SECT 29, T5S R 7E CITY OF INDIO CITY LA QUIRTA 0' it N!4.912aE— I i 7AC.ML 1 i I I' 9.90AC.ML �! 1 0 10.97 AC �y16 G 0 „70.25 i _ _ _ I < < a/I \\ — fl+1—IH/5041—PI 1'4i4 38 z _PM 193/85-97 PI 37 �s q§A �! - PSI 190/61-62 PI PM 194/72-75 R. La Quinta Redevelopment Agency 3q Exhibit 2 601 55 Exhibit 3 — Aerial Photo of Project Site (photo predates Planning Area III construction) La Quinta Redevelopment Agency 40 Exhibit 3 56 View to northeast across property from its southwest corner. View to east from neighboring commercial parcel. La Quinta Redevelopment Agency q ( Exhibit 4 57 623- FYhihit 4 — Site Photos (1 /20/04) View across Highway I I I to southwest. View to south across Hammer property. View across Avenue 48 to northwest. La Quinta Redevelopment Agency q Z Exhibit 4 58 `21 - Exhibit 5 — Proposed Parcels LAND USE KEY - COMMERCIAL - RESIDENTIAL SIGNALIZED INTERSECTION INTERSECTION DUNE PALMS PROJECT ROSENOW SPEVECER GROUP INC. nx v<nnne xua� eraeer avast s *+ uunw ..w.uua 1 , tLl}µNtNll! La Quinta Redevelopment Agency 13 Exhibit 5 59 6 '? 5 cd 0 cis cd O A O O N N a� (1) O Z ,O A Z H o °1 � 0 N a� a N cd C� O O cd .. ENO H � a r� W A V pq �A a� O� UU C 0 C 0 -v o U L CD 0 U cv � N U C/) N o +r m +-, in N `L° N o g E N V O N C E 0 n- : CLo y c c c o y � U cn • 1 rn LAo im O L-cLa O 0 c ` }d L L o ` a 0 0 CL_ a c E c E w� t t 0 E a� � 0) ca a z o 0 a o- cv C C 0 •c � � � o N c0 O Ca +-' C O O W O V E 0. 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N: C � co C `� E > O '� L C f-j O O N O L C C +-+ � N a) o 0 0 7— C � C O o .0 C- oC a� 0 a) p ,0 a� o c :.. se Z a E co o cc yo a 75 y c oC cNarn>coy�_ ~ O a >> o»tea 0) C L03 N (D C •D 'n C C C 5 CL 7 co 'O O C •cA C co r -ccL O a) +., cn o. 2 P 0 co v +� C . p }, .0 c a eU) L L i] U mo w G coda co U 0 C) c t C m �. cc co 0. 65 631 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A THIRD AMENDMENT TO SPECIFIC PLAN 97-029 (CENTRE AT LA QUINTA) CASE: SPECIFIC PLAN 97-029, AMENDMENT #3 APPLICANT: LA QUINTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La, Quinta, California did, on the 21 st day of December, 2004 hold a duly noticed Public Hearing to consider a request by La Quinta Redevelopment Agency, for approval of a Specific Plan Amendment to add approximately 12.33 acres to the existing Planning Area III of the Centre at La Quinta Specific Plan, located at the southwest corner of Highway 111 and. Dune Palms Road, more particularly described as the northerly portion of: APN: 649-030-034 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of December, 2004 hold a duly noticed Public Hearing to consider a request by La Quinta Redevelopment Agency, to recommend to the City Council approval of a Specific Plan Amendment to add approximately 12.33 acres to the existing Planning Area III of the Centre at La Quinta Specific Plan, located at the southwest corner of Highway 1 1 1 and Dune Palms Road; and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on November 24, 2004, as prescribed by the Municipal Code. Public hearing notices . were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2004-524 for this Specific Plan Amendment in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Department has determined that the project, as conditioned, will not have a significant adverse impact on the environment because mitigation measures have been imposed on the project that would reduce impacts to less than significant PAReports - CC\12-21-04\Centre @ LQ\CC Reso SP.doc 632 66 City Council Resolution No. 2004- Specific Plan 97-029, Amendment #3 La Quinta Redevelopment Agency Adopted: December 21, 2004 Page 2 levels, and therefore, a Mitigated Negative Declaration of environmental impact will be certified by the City Council. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's Office on November 23, 2004 as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approval of said Specific Plan Amendment #3: Finding A - Consistency with General Plan The property is designated Mixed/Regional Commercial. The proposed project will be developed with commercial uses and within the development intensity (FAR) specified for this designation as allowed under the General Plan. Finding B - Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City's General Plan and design of the Specific Plan, as well as other County and State standards, such as CEQA. Findings C and D - Land Use Compatibility and Property Suitability The project site will be added to an already commercially designated and zoned area. The project will provide adequate buffering through landscaping and walls to ensure compatibility with surrounding land uses. Additionally, the project will provide adequate perimeter landscaping and acceptable architectural design guidelines, consistent with those requirements of the existing Specific Plan. NOW, THEREFORE, BE IT RESOLVED by, the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2004- 524 has determined that no significant effects on the environment have been identified that cannot be reduced to a level of insignificance by P:\Reports - CC\12-21-04\Centre @ LQ\CC Reso SP.doc 67 6�3 City Council Resolution No. 2004 Specific Plan 97-029, Amendment #3 La Quinta Redevelopment Agency Adopted: December 21, 2004 Page 3 application of identified mitigation measures; and 3. That it does hereby approve Specific Plan 97-029, Amendment #3, 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 21 st day of December, 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 P:\Reports - CC\12-21-04\Centre @ LQ\CC Reso SP.doc 6 %3 4 AN CITY COUNCIL RESOLUTION NO. 2004- SPECIFIC PLAN 1997-029, AMENDMENT NO. 3 - CENTRE AT LA QUINTA CONDITIONS OF APPROVAL - RECOMMENDED DECEMBER 21, 2004 C.FNFRAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan No. 97-029, Amendment No. 3, 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 any 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 • SCAQMD Coachella Valley 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. P:\Reports - CC\ 12-21 =04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 - Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 If previous NPDES construction permits are no longer applicable, a project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08- DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. 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. 70 P:\Reports - CC\1.2-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc [� 6 V .a City Council Resolution No. 2004-, Specific Plan 1997-029, Amendment No. 3 - Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 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) Highway 1 1 1 (Major Arterial - State Highway, 140' ROW) - The standard 70 feet from the centerline of Highway 1 1 1 for a total 140- foot ultimate developed right of way plus additional right of way for an exclusive right turn only lane measured 78 feet from the centerline of Highway 111. 2) Dune Palms Road (Primary Arterial, Option A - 110' ROW) - The P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 standard 55 feet from the centerline of Dune Palms Road for a total 1 10-foot ultimate developed right of way except for an additional right of way dedication at the three access driveways of 62 feet from the centerline and a minimum of 100 feet long plus a variable dedication of an additional 50 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 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. Pursuant to this requirement, the Applicant shall include. in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, Left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 10. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Specific Plan 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. 11. 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. 12. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Highway 1 1 1 (Major Arterial - State Highway) - 50-foot from the R/W-P/L. B. Dune Palms Road (Primary Arterial) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 72 P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 638 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 - Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 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. 13. 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 11 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. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Highway 1 1 1 and Dune Palms Road from parcels with frontage along Highway 1 1 1 and Dune Palms Road is restricted, except for those access points identified in the Specific Plan, or as otherwise conditioned in these conditions of approval. 16.. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 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 Specific Plan and the date of recording of any Final Map, unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 73 P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 639 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 19. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the, applicant may be required to prepare other improvement plans- not, listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan ill = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal Note: A through C to be submitted concurrently. D. Storm Drain Plans 1 " = 40' Horizontal E. Off -Site Street Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have 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. G. On -Site Commercial Precise Grading Plan 1 " = 30' Horizontal H. Traffic Signal Plans 1 " = 20' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 6,10 74 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 - Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the On -site Commercial Precise Grading Plan when it is submitted for plan checking. "On -site Commercial Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-qUinta.org/publicworks/tract1 /z onlinelibrary/0 intropage.htm. 21. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 22. 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 P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 improvements; and shall provide for the setting of the final survey monumentation. GRADING 23. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 24. 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. 25. 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, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 26. 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. P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.Idoc 641 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 27. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches 0 8") behind the curb. 28. 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. 29. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 30. 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 Specific Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 31. 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. 77 P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 6 V City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 nRAIK]ArF 32. 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 and highways. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 33. 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. Nuisance water shall be retained on site. 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. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1.108 feet of leach line per gph of flow. 34. 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. 35. 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. 36. Stormwater may not be retained in landscaped parkways or landscaped setback lots along Dune Palms Road. 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 7 8. P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.ldoc 6 3 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC. 37. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 38. 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. 39. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 40. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 41. 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. 42. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground.. 43. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 44. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 644 79 P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.ldoc City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 - Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 13.24.080 (Street Design - Private Streets), where private streets are proposed. 45. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial — State Highway; 140' R/W): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the General Plan, the requirements of these conditions and as approved by CALTRANS. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Highway 1 1 1 at the Dune Palms Road intersection per CALTRANS requirements. Other required improvements in the Highway 1 1 1 right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that 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. d) Modify the existing traffic signal at the Highway 1 1 1 and Dune Palms Road intersection for a dual left turn for northbound Dune Palms Road traffic to westbound Highway 1 1 1 and any street improvements conditioned herewith. P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 80 645 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 e) Remaining costs for the design and installation of the Bus Shelter on Highway 111, as previously conditioned on parcel Map 30240 and/or previous entitlements. 2) Dune Palms Road (Primary Arterial; Option A, 1 10' R/W): Widen the west side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width o,n the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the three access driveways. The west curb face shall be located fifty five feet (50') east of the centerline and length to be determined` by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 03-08. As a minimum, the required right of way shall be for a length of 100 feet plus a variable dedication of an additional 50 feet. b) A dual left turn lane for northbound Dune Palms Road traffic to westbound Highway 1 1 1. Other required improvements in the Dune Palms Road right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 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 Ltm P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.ldoc k" City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 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. e) An 18 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the north bound Dune Palms Road traffic at Highway 111 and full movements at the signalized Primary Entry. Additional median breaks for access driveways on Dune Palms Road shall be established with Site Development Permit approvals. 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). The applicant is responsible for construction of all improvements mentioned above. The development is eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. 3) The applicant shall install the Traffic signal at the project's main entry. Applicant is responsible for 100 % of the cost to design and install the traffic signal. Applicant shall enter into a SIA to post security for 100% of the cost to design and install the traffic signal prior to issuance of an on -site grading permit; the security shall remain in full force and effect until the signal is actually installed by the applicant. 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. 46. 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: P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 6 A, 7 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval -. Recommended December 21, 2004 Parking Lot 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. Major Arterial — State Highway per CALTRANS Standard or the approved equivalents of alternate materials. 47. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 48. General access points and turning movements of traffic to the retail center shall be determined when the Site Development Permit is submitted for City review on entitlement. 49. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 50. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 51. The design of parking facilities shall conform to LQMC Chapter 9.150; especially the parking stall and aisle widths and the parking stall striping design. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn Lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. CONSTRUCTION P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 648 `3v City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 - Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 52. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPING 53. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 54. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 56. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 57. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 58. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 59. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 84 P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 60. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 61. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 62. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 63. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 64. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 65. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 66. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). COMMUNTY DEVELOPMENT DEPARTMENT 85 PAReports CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.3.doc 6 City Council Resolution No. 2004- Specific Plan 1997-029, Amendment No. 3 — Centre at La Quinta Conditions of Approval - Recommended December 21, 2004 67. The applicant shall comply with the Mitigation Monitoring Program associated with this project. 68. The applicant shall design and install an 8' high block wall along the southerly boundary of the Amendment area, all in a manner meeting the approval of the Community Development Director and the City Engineer. 69. The applicant shall design and install enhanced pedestrian and bicycle access crossing the southerly boundary of the Amendment area, all in a manner meeting the approval of the Community Development Director and the City Engineer. P:\Reports - CC\12-21-04\Centre @ LQ\CC COA SP 97-029, Amend No.ldoc 86 651 ATTACHMENT 2 PROJECT VICINITY LOCATION MAP 87 652 ATTACHMENT #3 Planning Commission Minutes November 23, 2004 E. Environmental Assessment 2004-524 and Specific Plan 97-0291 Amendment #3; a request of the City of La Quinta Redevelopment Agency for consideration of a certification of a Mitigated Negative Declaration of environmental impact and an Amendment to the existing Centre at La Quinta Specific Plan to add approximately 12.33 acres of land for a Mixed Regional Commercial development located at the southwest corner of Dune Palms Road and Highway 1 1 1. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magana introduced RSG Consultant George Britton who 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. Commission Quill asked if this land would be sold to commercial developers. City Attorney Kathy Jenson stated the property was acquired with Redevelopment Agency funds for a portion and City General funds for the remainder to have a portion of the site dedicated to commercial. All of the property would be disposed of to commercial developers as well as a residential developer. The majority of the site will be used for affordable housing. 3. Commissioner Daniels confirmed the Environmental Assessment was for the entire site. Staff stated yes. 4. Chairman Kirk asked if anyone else would like to speak on this project. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 5. Chairman Kirk stated his concern is the design of the Centre and he would like to see a better architectural design for whatever is proposed. He realizes the need to keep continuity, but it should be improved. City Attorney Kathy Jenson stated the Site Development Permit and Conditional Use Permit as well as the map stage will come before the Commission and they will have the opportunity to review the design at that time. 6. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-105, recommending to the City Council certification of a Mitigated Negative Declaration for Environmental Assessment 2004-524, as recommended. G:\WPDOCS\PC Minutes\12-14-04.doc 653 Planning Commission Minutes November 23, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 7. It was moved and seconded by Commissioners Ladner/Quill to adopt Planning Commission Resolution 2004-106, recommending to the City Council approval of Specific Plan Amendment 97-029, Amendment #3, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Krieger, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUMESS ITEMS: A. ontinued - Site Development Permit 2004-816; a request of K. H vnanian Homes/Forecast Homes for consideration of landscape plans for Tract 20092 located at the northwest corner of Avenue 58 and Madi on Street. 1. C airman Kirk opened the public hearing and asked for the staff rep t. Associate Planner Wallace Nesbit presented the info r ation contained in the staff report, a copy of which is on file in the mmunity Development Department. 2. There bein\archiect, stions of staff, Chairman Kirk, asked if the applicant to address the Commission. The applicant's landscape Tom Saguaro, gave a presentation on the project and who they would alter the design to meet the City's requ 3. Commissioner Quill as d if the plant list agreed with CVWD's list. The applicant stated yes. 4. It was moved and seconded Commissioners Daniels/Ladner to adopt Minute Motion 2004-0 8, approving Site Development Permit 2004-816, as recommen d. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: Nne. G:\WPDOCS\PC Minutes\12-14-04.doc 634 Ci!?ibt " 19� 4 44" COUNCIL/RDA MEETING DATE: December 21, 2004 ITEM TITLE: A Joint Public Hearing Between the City Council and Redevelopment Agency to Consider an Agreement to Sell Real Property Located at 78-310 Desert Fall Way By and Between the La Quinta Redevelopment Agency and Felix Perez. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J Approve the Agreement to sell a single-family home located at 78-310 Desert Fall Way to Felix Perez for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $107,000 from sale proceeds. The Agency would also provide a $50,000 silent second trust deed loan to insure that the dwelling is affordable to a, low-income household for 45 years. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: On October 14, 2004, the Agency acquired this property at a Trustee's foreclosure sale to protect its recorded low-income affordability covenant and to maintain the Agency's low-income affordable housing stock. The previous owner stopped paying their first trust deed mortgage payments and abandoned the property. The foreclosure sale purchase price was $240,000, with the Agency receiving $78,900 in foreclosure sale proceeds; $50,000 to repay the Agency's silent second trust deed loan and $28,900 in shared appreciation income. Prior to offering the property for sale, the Agency invested $4,000 to rehabilitate the dwelling and correct any deficiencies. The net Agency investment is $165,100; $161,100 to retire the first trust deed mortgage obligations and $4,000 in rehabilitation expenses. 6J 0 When the Agency initiated relocation activities at the Vista Dunes Mobile Home Park, staff began working with interested Park residents who could qualify for first trust deed mortgage loans to purchase homes that were in the Rental Housing Program or featured an Agency sponsored silent second trust deed mortgage. Ms. Perez, who is a Vista Dunes resident, expressed interest in purchasing a home and took the required actions to qualify for a first trust deed loan. This home then came available, and upon inspection, she elected to purchase it. The sale transaction would be structured wherein an Agency silent second trust deed mortgage would cover the difference between the sales price, and the down payment and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for $165,000 with the buyer funding an 11 % or $18,000 down payment, and a private lender originating a $97,000 first trust deed mortgage (the maximum loan the homebuyer can obtain and have overall housing costs affordable to a low-income household). The Agency would convert $50,000 of its equity into a silent second trust deed loan. This unit was previously counted toward the Agency's inclusionary housing requirement and this sale will maintain that covenant. Attachment 1 is a Summary Report that further details this transaction. Pursuant to the Redevelopment Law, a joint public hearing of the City Council and Agency Board must be held prior to approving the sale of Agency property purchased with tax increment revenue. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Agreement to sell a single-family home located at 78-310 Desert Fall Way to Felix Perez for a purchase price of $165,000; or 2. Do not approve the Agreement to sell a single-family home at 78-310 Desert Fall Way to Felix Perez for a purchase price of $165,000; or 3. Provide staff with an alternative direction. Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary Report 2 ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND FELIX PEREZ December 21, 2004 INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Felix Perez ("Buyer"). The purpose of Agreement is to facilitate the sale by the Agency of a single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. Subject Property The home is a vacant 3-bedroom, 2-bath single-family dwelling located at 78-310 Desert Fall Way within La Quinta Redevelopment Project Area No. 1 ("Property"). The property was initially purchased new in November, 1999 with a silent second trust deed loan of $50,000 provided to a low-income household through the La Quinta Housing Program. The owner then elected to not maintain their first trust deed mortgage loan payments and abandoned the Property. In order to preserve its second trust deed loan and the low-income affordability covenant, the Agency acquired the Property in October, 2004 through a Trustee's foreclosure sale. The Agency subsequently refurbished the dwelling prior to offering it for sale. 3 S:\CityMgr\STAFF REPORTS ONLY\PH 4 SumRpt Desert Fall way.doc %5 7 A SUMMARY OF THE PROPOSED TRANSACTION The Agency is in the process of relocating residents from the Vista Dunes Mobile Home Park. The Buyer, a Vista Dunes resident who was being relocated, expressed interest in purchasing a home in La Quinta and subsequently qualified for a first trust deed loan. The Agreement facilitates the sale of the Property to the Buyer, who will occupy the dwelling. The $165,000 sales price will be funded through a combination of the Buyer's $18,000 down payment, a $97,000 first trust deed mortgage, and $50,000 of the Agency's equity that will be converted into a silent second .trust deed loan. This second trust deed loan will include covenants to insure that the Property will remain affordable to a low income - household for 45 years. THE COST OF THE SALE TO THE AGENCY To date the Agency has invested $165,100 in this property, $161,100 to retire the first trust deed loan obligations and $4,000 to refurbish the unit. The foreclosure sale purchase cost was $240,000; however, the Agency received $78,900 in foreclosure sale proceeds; $50,000 to repay the Agency's silent second trust deed loan and $ 28, 900 in shared appreciation income. Prior to offering the property for sale, the Agency invested- $4,000 to rehabilitate the dwelling and correct any deficiencies. Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $1 15,000 in sale proceeds and convert $50,000 of its equity into a silent second trust deed mortgage loan of $50,000 in order to insure that the annual costs are affordable to a low-income household. The Agency will recover 71 % of its investment to date from the sale proceeds. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USES PERMITTED BY THE AGENCY'S REDEVELOPMENT PLAN The Redevelopment Plan for La Quinta Redevelopment Project Area No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values. of $240,000 to $250,000 for three bedroom, two bath single family dwellings in good condition. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINED BY THE USE, AND WITH THE CONDITIONS, COVENANTS The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a low-income household. S:\CityMgr\STAFF REPORTS ONLY\PH 4 SumRpt Desert Fall way.doc EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands the supply of affordable ownership housing in the Project Area. Prior to the sale, the . Agency substantially rehabilitated the Property to extend the Property's economic life, to reduce the maintenance burdens for the family that will occupy this unit, and to improve operating efficiencies by installing low water landscaping and efficient heating, air conditioning and water heating devices. The Agreement includes covenants that require the dwelling to remain affordable to very low-income households for a 45 year period. This effort not only preserved housing that was affordable to very low-income households but will also insure that this dwelling remains affordable for the longest feasible time. 5 S:\CityMgr\STAFF REPORTS ONLY\PH 4 SumRpt Desert Fall way.doc AGENDA CATEGORY: BUSINESS SESSION: COUNCIU/RDA MEETING DATE: December 21, 2004 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: A Joint Public Hearing Between the City Council and Redevelopment Agency to Consider an PUBLIC HEARING: Agreement to Sell Real Property Located at 52-830 Avenida Martinez By and Between the La Quinta Redevelopment Agency and Danielle Davenport. RECOMMENDATION: Approve the Agreement to sell the single-family home located at 52-830 Avenida Martinez to Danielle Davenport for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agency will receive approximately $95,000 from sale proceeds and will fund a $70,000 silent second trust deed loan; funding the second trust deed loan will insure that the dwelling is affordable to a very low-income household. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single-family homes in the Cove to remove them from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Known as the La Quinta Rental Housing Program, these dwellings were rented to very low-income Section 8 households. In February 1998, the Agency directed staff to sell two units per year first to qualified tenants, and second, to other eligible very low-income households. Since 1998, the Agency has also been substantially rehabilitating these units in order to count them towards the Agency's affordable housing production requirements. State law requires existing dwellings be substantially rehabilitated (wherein the rehabilitation costs are 25 % or greater than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs have been funded from rental income. PAReports - CC\12-21-04\RDA Reports\52-830 martinez CC staff report.doc 64 When the Agency initiated relocation activities at the Vista Dunes Mobile Home Park, staff began working with interested Park residents who could qualify for first trust deed mortgage loans to purchase homes that were in the Rental Housing Program or featured an Agency sponsored silent second trust deed mortgage. The Rental Housing Program property manager and/or local realtors (in the case of homes with silent second trust deed mortgages) continually contact staff when Rental Housing Program homes are vacant, or when Agency second trust deed mortgage homes are offered for sale. Ms. Davenport is a Vista Dunes resident who expressed interest in purchasing a home. A Rental Housing Program home was available and Ms. Davenport subsequently qualified for a first trust deed mortgage loan The sale transaction would be structured wherein an Agency silent second trust deed mortgage would cover the difference between the sales price, and the down payment and an affordable first trust deed mortgage. If this sale is authorized, the unit will be sold for $165,000 with the buyer funding a 19% or $32,000 down payment, and a private lender originating a $63,000 first trust deed mortgage (the maximum loan the homebuyer can obtain and have overall housing costs affordable to a very low-income household). The Agency would convert $70,000 of its equity into a silent second trust deed loan. This sale would be the 16th Rental Housing Program unit to be sold; ten were sold to existing tenant, and six to non -tenant, households. Attachment 1 is a Summary Report that further details this transaction. Pursuant to the Redevelopment Law, a joint public hearing of the City Council and Agency Board must be held prior to approving the sale of Agency property purchased with tax increment revenue. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve the Agreement to sell the single family home located at 52-830 Avenida Martinez to Danielle Davenport for a purchase price of $165,000; or 2. Do not approve the Agreement to sell the single family home located at 52- 830 Avenida Martinez to Danielle Davenport for a purchase price of $165,000; or 3. Provide staff with an alternative direction. A') 1-0 P:\Reports - CC\12-21-04\RDA Reports\52-830 martinez CC staff report.doc 661 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary Report PAReports - CC\12-21-04\RDA Reports\52-830 martinez CC staff report.doc h �' ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND DANIELLE DAVENPORT December 21, 2004 INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Danielle Davenport ("Buyer"). The Agreement facilitates the sale of an Agency single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (California Community Redevelopment Law) and presents the following: • A summary of the proposed transaction. • The cost of the sale to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. The Subject Property The home is a vacant 3-bedroom 2-bath single-family dwelling located at 52-830 Avenida Martinez within La Quinta Redevelopment Project Area. No. 1 ("Property"). In August, 1995, the Agency acquired 50 single-family homes to remove them from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Known as the La Quinta Rental Housing Program, these dwellings were rented to very low-income Section 8 households. In February 1998, the Agency directed staff to sell two units per year, first to qualified tenants, and second, to other eligible very low-income households. Since 1998, the Agency has also been substantially rehabilitating these units in order to count them towards that Agency's affordable housing production requirements. State law requires that an existing dwelling be substantially rehabilitated (wherein the rehabilitation costs are a 663 25 % or greater than the current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs have been funded from rental income. The existing tenant recently vacated the property and per Agency policy, staff initiated the sale of this unit to a very low-income household. A SUMMARY OF THE PROPOSED TRANSACTION The Agency is in the process of relocating residents from the Vista Dunes Mobile Home Park. The Buyer, a Vista Dunes resident who was being relocated, expressed interest in purchasing a home in La Quinta and subsequently qualified for a first trust deed loan. The Agreement facilitates the sale of the Property to the Buyer, who will occupy the dwelling. The $165,000 sales price will be funded through a combination of the Buyer's $32,000 down payment, a $63,000 first trust deed mortgage, and $70,000 of the Agency's equity that will be converted into a silent second trust deed loan. This second trust deed loan will include covenants to insure that the Property will remain affordable to very low income - household for 45 years. THE COST OF THE SALE TO THE AGENCY The Agency has invested $127,750 in the Property through a combination of the $86,500 initial purchase cost and $41,250 of expenses related to substantially rehabilitating the dwelling. Since 1998, the Agency has been substantially rehabilitating the Rental Housing Program units in order to count them towards the Agency's affordable housing production requirements. State law requires that existing dwellings be substantially rehabilitated (wherein the rehabilitation costs are 25 % or greater that than current market value) in order to count them as part of the Agency's affordable housing production efforts. Property rehabilitation costs were funded from rental income. Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $95,000 in sale proceeds and convert $70,000 of its equity into a silent second trust deed mortgage loan of $70,000 in order to insure that the annual costs are affordable to very low-income households. The Agency will recover 74% of its investment to date from the sale proceeds. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USES PERMITTED BY THE AGENCY'S REDEVELOPMENT PLAN The Redevelopment Plan for La Quinta Redevelopment Project Area No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values 5 S:\CityMgr\STAFF REPORTS ONLY\PH 5 SumRpt-52-830 martinez.doc P P 4 of $210,000 to $225,000 for three bedroom, two bath single-family dwellings in good condition. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINED BY THE USE, AND WITH THE CONDITIONS, COVENANTS The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low-income household. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands the supply of affordable ownership housing in the Project Area. Prior to the sale, the Agency substantially rehabilitated the Property to extend the Property's economic life, to reduce the maintenance burdens for the family that will occupy this unit, and to improve operating efficiencies by installing low water landscaping and efficient heating, air conditioning and water heating devices. The Agreement includes covenants that require the dwelling to remain affordable to very low-income households for a 45 year period. This effort not only preserved housing that was affordable to very low-income households but will also insure that this dwelling remains affordable for the longest feasible time. S:\CityMgr\STAFF REPORTS ONLY\PH 5 SumRpt-52-830 martinez.doc