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2005 10 18 CCCALL TO ORDER Roll Call: Council Members PUBLIC COMMENT City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, October 18, 2005 Beginning Resolution No. 2005-75 Ordinance No. 422 Henderson, Osborne, Perkins, Sniff, and Mayor Adolph 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. 1 City Council Agenda 1 October 18, 2005 PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY SUNLINE TRANSIT AND TRANSPORTATION MANAGEMENT DESIGN ON THE COMPREHENSIVE OPERATIONAL ANALYSIS (COA). WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM THE LA QUINTA CHAMBER OF COMMERCE REGARDING REQUEST FOR EXPANSION OF LEASE SPACE, DATED OCTOBER 10, 2005. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF OCTOBER 4, 2005. 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 OCTOBER 18, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31, 2005. City Council Agenda 2 October 18, 2005 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR THE PERIOD ENDING AUGUST 31, 2005 AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2005. 4. APPROVAL TO AMEND THE FOOD AND BEVERAGE LICENSE AGREEMENT FOR SilverRock RESORT. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33609, RICHARD M. BAKER, OWNER. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33654, LINDA E. TENNEY AND WILSON D.K. LINDSAY, JR., TRUSTEES. 7., ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 33415, LUCANO S. CORONEL, OWNER. 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28961, INNOVATIVE COMMUNITIES AT PGA WEST. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28738, INNOVATIVE COMMUNITIES AT PGA WEST. 10. APPROVAL OF FIRST SOURCE HIRING AGREEMENT WITH THE WORKFORCE DEVELOPMENT CENTERS OF RIVERSIDE COUNTY. 11. DENIAL OF CLAIM FOR DAMAGES FROM OFELIA GARCIA - DATE OF LOSS: FEBRUARY 17, 2005. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL NEW LAW AND ELECTION SEMINAR TO BE HELD IN MONTEREY, CALIFORNIA DECEMBER 7-9, 2005. 13. APPROVAL OF ADDITIONAL FUNDING TO COMPLETE INSTALLATION OF THE BEAR CREEK TRAIL PLAQUES, CAPITAL IMPROVEMENT PROJECT NO. 1750. 14. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33076-2, MADISON CLUB, EAST OF MADISON, LLC. 15. APPROVAL OF AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH M.W. STEELE GROUP INC., FOR ARCHITECTURAL SERVICES FOR THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06. 3 City Council Agenda 3 October 18, 2005 BUSINESS SESSION 1. CONSIDERATION OF THE JOINT POWERS AGREEMENT CREATING THE COACHELLA VALLEY CONSERVATION COMMISSION. A. MINUTE ORDER ACTION STUDY SESSION 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 (OSBORNE) 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 INVESTMENT ADVISORY BOARD MINUTES OF JULY 13, 2005 17 ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE MINUTES OF SEPT. 7, 2005. 16. PLANNING COMMISSION MINUTES FOR SEPT. 13, AND 27, 2005. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. CONTINUING ACTION REGARDING THE EXPENDITURE OF PUBLIC FUNDS PERTAINING TO AN EMERGENCY CONTRACT FOR THE CONSTRUCTION OF THE SilverRock RESORT MOUNTAIN DRAINAGE IMPROVEMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2005. A. UPDATE ON DISASTER MEDICAL CACHE ,- - 4 City Council Agenda 4 October 18, 2005 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT SEPTEMBER 2005. 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT SEPTEMBER 2005. 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2005. 9. POLICE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2005, 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING CONSOLIDATION OF THE COMMUNITY SERVICES AND CULTURAL ARTS COMMISSIONS. (REQUESTED BY COUNCIL MEMBER OSBORNE) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS 1. BOYS AND GIRLS CLUB ART WALL PRESENTATIONS 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. �r� City Council Agenda 5 October 18, 2005 1. CONTINUED FROM THE MEETING OF SEPTEMBER 20, 2005 - PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING: 1) AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 97-337; AND 2) SPECIFIC PLAN 97-029, AMENDMENT NO. 4, A REQUEST FOR A NEW DRIVEWAY ACCESS ON ADAMS STREET, A CHANGE OF THE INTERNAL CIRCULATION, AND RETENTION BASIN REDESIGN FOR THE PROPERTY LOCATED EAST OF ADAMS STREET, SOUTH OF AUTO CENTRE DRIVE. APPLICANT: STAMKO DEVELOPMENT CO. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-543 AND APPROVING TENTATIVE TRACT MAP 33444, OF THE SUBDIVISION OF 317.61 ACRES INTO 219 SINGLE-FAMILY LOTS, OPEN SPACE AND OTHER MISCELLANEOUS LOTS, FOR THE PROPERTY LOCATED WEST OF JEFFERSON STREET, SOUTH OF QUARRY RANCH. APPLICANT CORAL MOUNTAIN TRAILS L.L.C. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on November 1, 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 October 18, 2005, 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 1 1 1, on October 14, 2005. DATED: October 14, 2005 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California r 6 City Council Agenda 6 October 18, 2005 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. ►'t City Council Agenda 7 October 18, 2005 SunLine Comprehensive Operational Analysis City of La Quinta October 18, 2005 OaTRANSIT .A6fNCY c O V � M 4�CL O ,� O .V .O J � > sue'.. a--) 4 c 3 � N a CL p U •� O V V s_ L O W M 4 O O u o- 0 o� z a a 9 4) V J 1 M .r A , C: 4-J O �4-) +J a) :3 V • O •r >, N X > 4- N C �4-J� 0� O • C O NN W c O v •r 4. �- i O —r cu •� on C cn M N CL � O O M O 3 4-' O 4 .Q V) L. 4� O � > > N � M O v— `.- cv L N O O V O E w C) V � O � M N -0 O >'O 4� L. 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Ln T� N mas E O V CL c O CL O CL O O O O� O O O O cT 13 L r) r O N O O O N O or- 0 CL a • N N n� V r �m 0 N cr N O o m o o d O O0 P {`t N C O lO OO O C 0 i o a`> C 1-c� c 14 aO o � o Z =„ d a W Em � Q )4 imoft, Lli r C N 1 O O O N y a„j O w Ww. ~ � U N W V � a A o d� N CON o0 8 CD 0 N p. m o o 0 o � m L a C � o o � o 0 o Y i d � U Z �N O .rm C. .r� V L. a O ,V On 4 .y LO LZ L a- J Q) 4., >. 4� O 4-1 Q Q) N O N E E O �� on w O V z c p0 .r- O � or- V w O4) a'' L '� 4- L E E 4O C: V V O" v ,�,., 0 O o o V i N CA � � m � � i o) aW oe IL a a 1G 17 -----= NextPart_000_OOF2_O1C5DO03.C979A900 Content Type: text/plain; charset="UTF-8" Content Transfer -Encoding: quoted -printable Hi Tracey, =20 Here is what I have learned about your neighborhood: =20 During the property acquisition negotiations for the Jefferson St. _ widening there were discussions and communications between La Quinta and = the City of Indio regarding the ingress and egress of the LQ Springs = Apartments. As a result, we entered into an agreement with the = Apartments to open up the previously designed fire access into a regular = access point through the Vista Grande public street. The City of La = Quinta was a part of these discussions. I am sorry that the residents = of Vista Grande were not informed of the proposal during the = discussions. =20 Currently, we are in discussions with the City of La Quinta with ideas = for a number of altematives that might be considered to remedy the = concerns you have expressed. =20 At this point, I would suggest that your neighborhood keep in = communication with the City of La Quints so that you can be included in = the discussions of any proposed remedy. =20 1 understand your concerns. Please keep me informed on how your = communications with La Quinta go. I can continue to ask of staff that = they work to remedy this for the benefit of all residents in the area. = We need your neighborhood to work on communicating with La Quinta so = that your needs are considered in the ultimate solution. =20 Lupe Original Message---=20 From: Traceyess@aol.com [maifto:Traceyess@aol.com]=20 Sent: Wed 10/12/2005 9:57 PM=20 To: Lupe Ramos Watson=20 Cc:=20 Subject: Re: Press release in regard to Vista Grande =20 =20 =20 -_NextPart_000_OOF2_01 C5DO03.C979A900 Content -Type: textfhtrnl; charset="UTF-8" Content -Transfer -Encoding: quoted -printable INedMsdW. 09WIM 05. 2006 MrAea O"Ms: MIIKELPPM Paps: 2 <HEAD><T TLE>RE: Press release in regard to Vista Grande<rME></HEAD><I- Converted from text/plain format -> Hi Tracey, Here is what I have learned about your =neighborhood: During the property acquisition negotiations for the =Jefferson St. widening there were discussions and communications between =La Quinta and the City of Indio regarding the ingress and egress of the =LQ Springs Apartments. As a result, we entered into an agreement --with the Apartments to open up the previously designed fire access into =a regular access point through the Vista Grande public street. The =City of La Quinta was a part of these discussions. I am song that --the residers of Vista Grande were not informed of the proposal during --the discussions. Currently, we are in discussions with the City of La =Quira with ideas for a number of alternatives that might be considered --to remedy the concerns you have expressed. At this point, I would suggest that your neighborhood =keep in communication with the City of La Quinta so that you can be =included in the discussions of any proposed remedy. I understand your concerns. Please keep me =informed on how your communications with La Quinta go. I can =continue to ask of staff that they work to remedy this for the benefit =of all residents in the area. We need your neighborhood to work on =communicating with La Quinta so that your needs are considered in the =ultimate solution. Lupe ---Original Message — From: Traceyess@aol.com [mailto:Traceyess@aol.com] Sent: Wed 10/12/2005 9:57 PM = To: Lupe Ramos Watson Cc: Subject Re: Press release in =regard to Vista Grande - NextPart 000 OOF2 01 C5DO03.C979A900- = NextPart 000 OOF6 01 C5DO03.C99399AO- 19 Wed aeft, October OS, 2005 Amwka Oniim MIKELPPM Papa: 3 Page 2 of 2 702-4247 cell EXCERPT FROM City Council Minutes 15 September 20, 2005 PUBLIC COMMENT Jeffrey Kohfeld, 80-060 Vista Grande, Michael Livingston, 80-865 Vista Grande, Ira Boiko, 44-750 Seeley Drive, and Lori Fahwestock, 80-065 Vista Grande, all spoke regarding the removal of a gate separating their neighborhood from the Indian Springs Apartments and how it has impacted their neighborhood. They understand from the City of Indio that the emergency exit gate was removed because of the Jefferson Street widening project but will not be replaced when the project is done. They have concerns about excessive parking on their street, an increase in crime incidents, and unsafe traffic. In response to Mayor Adolph, Public Works Director Jonasson stated the emergency gate was removed to allow access for the apartments during the Jefferson Street construction but he understands from the City of Indio that it will be re -installed. Mayor Adolph commented that the City of Indio has jurisdiction in this matter but requested staff follow-up on it. Mr. Jonasson noted Vista Grande is a public street but Code Enforcement can follow-up on any parking violations. 40V Sunday, October 09, 2005 America Online: LivingstonMgt Page 1 of 2 Subj: Fwd: Vista Grande/Calle Serena Gate Date: 10/14/2005 9:29:39 A.M. Pacific Daylight Time From: Tracey - s To: LivingstonMgt, lessar�r.rr.com Forwarded Message: Subj: RE: Vista Grande/Calle Serena Gate .Date: 10/14/2005 8:17:49 A.M. Pacific Daylight Time From: jgreek 1la- uinta.org To: Trace yess aQaol.com Sent from the Internet (Details Good Morning Tracy, I have forwarded your e-mail to all of the members of the City Council and the Mayor. I don't know what the official status of this is at this time from the City of La Quinta's point of view but I can assure you that your correspondence is being copied to the appropriate City officials. June S. Greek, City Clerk City of La Quinta, GA 92253 -----Original Message ---- From: Traceyess@aol.com [mailto:Traceyess@aol.com] Sent: Friday, October 14, 2005 7:56 AM To: June Greek Cc: Wanda Wise -Latta; Greg Butler; Angela 3ohnson; lesmry@dc.rr.com; ssmith@kesq.com Subject: Vista Grande/Calle Serena Gate Ms. Greek, We spoke last week in regard to the gate that was removed from the La Quinta Springs Apartments and allowing traffic out onto Calle Serena and Vista Grande. You told me that solutions were being investigated and I got the impression that the City of La Quinta was surprised by the gate being removed permanently. I've inserted the minutes from the Sept 20th City Council meeting where it was discussed as a refresher of the City's position at that time. On 10/13/05,1 faxed to you and to Tim Jonasson the letter that was left by our front door from the apartments along with a copy of an agreement between the Indio and the apartment owner. Now, I'm forwarding to you the response that I received from Lupe Ramos Watson, an Indio City Council member who has been very cooperative in researching this problem. A Stop sign was placed on the comer of Calle Serena and Vista Grande yesterday, the problem being is that it was attached to the existing street sign that is 10 feet or so from the comer and not really visible to those speeding around the comer from the apartments. There needs to be a more visible Stop sign. We also want the City of La Quinta to insert a gate at the border of Indio and La Quinta on Calle Serena that would allow fire access but block traffic onto Calle Serena. Please pass this on to whomever can make a decision. We are having another neighborhood meeting Monday night and would like to have some concrete information from our city officials. I appreciate your help in this matter, Tracey Essary Sunday, October 09, 2005 America Online: LivingstonMgt From: <Traceyess@aol.com> To: <lessary@dc.rr.com> Subject: Fwd: Press release in regard to Vista Grande Date: Thu, 13 Oct 2005 12:01:04 -0700 Message -ID: <215.b59fefa.308008f0@aol.com> MIME Version: 1.0 Content -Type: multipart/mixed; boundary="=_NextPart_000 OOF6_01C5DO03.C99399A0" X-IMailer. 9.0 Security Edition for Windows sub 5200 XSpam-Flag: NO X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1441 X-VirusScanned: Symantec AntiVirus Scan Engine This is a multi -part message in MIME format. -_NextPart_000_OOF6_01C5DO03.C99399AO Content -Type: multipart/altemati%e; boundary="=_NextPart_001_OOF7 01C5DO03.C99B3ACO" -_NextPart_001_OOF7_01C5D003.C99B3AC0 Content -Type: text/plain; charset="US ASCII" Content -Transfer -Encoding: 7bit -_NextPart_001_OOF7_01C5DO03.C99B3ACO Content -Type: text/html; charset="USASCIr' Content -Transfer -Encoding: quoted -printable <HEAD></HEAD><DIV> </DIV> = NextPart 001 OOF7 01 C5D003.C903ACO-- - NextPart_000_OOF6_01 C5D003.C99399A0 Content -Type: message/rfc822 Content -Transfer -Encoding: 7bit Cordent-Disposition: attachment From: "Lupe Ramos Watson" <luperamoswatson@indio.org> To: <Traceyess@aol.com> Subject: RE: Press release in regard to Vista Grande Date: Thu, 13 Oct 2005 09:27:22 -0700 Message-ID:<7A6D932B6759A14485BE5BE695CC319F849F81@indiomail.indio.ca.us> MIME -Version: 1.0 Content -Type: multipart/alternative; boundary=" -_NextPart 000_00F2_01 C OOIC979A900" X=Mailer. Unknown (No Version) X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2800.1441 X-MS-Has-Attach: X-MS-TNEF-Correlator: 2 ") X AOL-IP: 67.52.170.187 This is a multi -part message in MIME format. Wed M ft, October 06, 2W6 Amedca Online: MIKELPPM Pape: 1 WRITTEN CORRESPONDENCE ITEM: 78-250 Calle Tampico #B • La Quinta CA 92253 EXECUTIVE BOARD Lew E. Piper, Chairman of the Board KDI Stoneworks Ruth J. Finholt, President/CEO La Quinta Chamber of Commerce Linda Evans, 1st Vice Chair John R Kennedy Memorial Hospital Scott Brooks, 2nd Vice Chair JESA Printing Pedro Rincon, Treasurer Peterson, Slater & Osborne, CPA's Robert F. Sylk, Secretary The Sylk Group David Howard, Immediate Past Chair Cherokee Homes BOARD OF DIRECT Stu Bailey Pacific Western Bank Victoria Bailey Desert Springs Publishing Cathy Bretz HD Energy Cosmo Cappellino KEZN-FM EZ 103.1 Jon P. Gaffney Desert Sands Unified School District Alexis Larson Palm Springs Desert Resorts Convention & Visitors Authority Thomas McDermott Jr. McDermott & Delateur, LLP Ken Napper Modern Woodmen of America John Pena John Pena & Associates Roger Perris PTF Financial Ron Salute Desert Southwest Insurance Brokers, Inc. Kurt A. Spurgin, D.C. Advanced Physical Health Center Gemote CHAMBER OF COMMERCE October 10, 2005 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 Dear Mayor Adolph, Phone: (760) 564-3199 •Fax. (760) 564-3111 f 1 tip The La Quinta Chamber of Commerce requests your consideration on expanding our lease space to include the classroom for our committee meetings. In the lease, provided to us by Tom Hartung, Section 2., permits the Chamber the use of the classroom for one day each month for the Board of Directors meetings. However, the Chamber has Committee meetings once a month, with an average of 20 people attending. These committees are as follows: Executive, Events, Legislative, Membership, and Education. Also, we have sub -committee meetings for such events as Golf Tournament, Power Lunch, The Breakfast Network, BizNet 2006. These subcommittee meetings are not regularly scheduled but meet as needed. Our Bi-Monthly meeting with the City could be moved to City Hall. Our new office space allows room for (6) work stations, (2) offices, the Visitor Center and storage. There is no space for a conference area. The Chamber will provide you, upon request, a yearly calendar for the regular meetings but there are other meetings that will have to be scheduled on short notice. Other Items: 1. Section 13 does not provide for written notice of Default. 2. Signage is not addressed in the Lease. 3. 10 (a) Will our tenant improvements increase the insurance. 23 The Voice of Business Gem of the Desert 78-250 Calle Tampico #B • La Quinta CA 92253 EXECUTIVE BOARD Lew E. Piper, Chairman of the Board KDI Stoneworks Ruth J. Finholt, President/CEO La Quinta Chamber of Commerce Linda Evans, 1st Vice Chair John R Kennedy Memorial Hospital Scott Brooks, 2nd Vice Chair JESA Printing Pedro Rincon, Treasurer Peterson, Slater & Osborne, CPA's Robert R Sylk, Secretary The Sylk Group David Howard, Immediate Past Chair Cherokee Homes ARD OF Stu Bailey Pacific Western Bank Victoria Bailey Desert Springs Publishing Cathy Bretz III) Energy Cosmo Cappellino KEZN-FM EZ 103.1 Jon P. Gaffney Desert Sands Unified School District Alexis Larson Palm Springs Desert Resorts Convention & Visitors Authority Thomas McDermott Jr. McDermott & Delateur, LLP Ken Napper Modem Woodmen of America John Pena John Pena & Associates Roger Perris PTF Financial Ron Salute Desert Southwest Insurance Brokers, Inc. Kurt A. Spurgin, D.C. Advanced Physical Health Center wI Phone: (760) 564-3199 • Fax: (760) 564-3111 CHAMBER OF COMMERCE 4. The Chamber agrees to use the original subs that completed the Library construction in order to maintain the warranties with the exception of Tangram. In our efforts to keep costs as low as possible, we have two bids that are substantially lower than Tangram, (the partitions) but have given Tangram an opportunity to lower their bid. We are grateful to you for the office space you have already designated to us and know that we will be very comfortable in that space until a permanent location can be secured. We appreciate your review of these items. Thank you, Ruth Finholt, President/CEO La Quinta Chamber of Commerce 24 The Voice of Business - / T c� OF mow`' AGENDA CATEGORY: BUSINESS SESSION COUNCIL/RDA MEETING DATE: OCTOBER 18, 2005 / CONSENT CALENDAR ITEM TITLE: STUDY SESSION Demand Register Dated October 18, 2005 PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated October 18, 2005 BACKGROUND: Prepaid Warrants: 65540 - 65558} 152,670.97 65559 - 65589} 42,410.39 Voids} (3,440.43) Wire Transfers} 784,465.03 P/R 32964 - 32967} 6,731.17 P/R 32968 - 32982} 140,717.99 P/R Tax Transfers} 38,056.50 Payable Warrants: 65590 - 65764) 1,077,126.17 $2,238,737.79 FISCAL IMPLICATIONS: Demand of Cash -City $1,994,538.34 Demand of Cash -RDA $244,199.45 ohn M. Falconer, Finance Director 25 CITY OF LA QUINTA BANK TRANSACTIONS 9/28/05 - 10/12/05 9/29/05 WIRE TRANSFER - LA QUINTA FINANCING AUTHORITY 1996 $509,330.00 9/29/05 WIRE TRANSFER PERS $355.20 10/4/05 WIRE TRANSFER - PERS HEALTH $50,033.67 10/5/05 WIRE TRANSFER - PERS $14,182.94 10/5/05 WIRE TRANSFER - ICMA $7,882.73 10/12/05 WIRE TRANSFER - LANDMARK $202,680.49 TOTAL WIRE TRANSFERS OUT $784,465.03 26 — t a- I I O M I 1 O O O O O 0 Ol O O 10 M O t \ I Y J 1 0 0 to O O O to O O O N N 10 O �- 10 1 u > Q la tL E 1 1 O Z I I H I I w W I I 0-0 I 1 0_ I I (m w H I O ¢ I 4c4c is is 4c 4c is i( Ic is -K is is is I- I O F 1 Z 1£ W: 1 1 I I I O 1 Q0= 1 00 000 000 00 00 00 00 00 PO, 00 00 -O .O 00 tnM 00 tt 00 O 1 \I 00 000 Otn to 00 00 00 to to 00 00 00 NN NN MN1O 00 tea- 00 U I W U I U I uN I OO 00 O•I- to It Ol t-t` oo It It t`ti OO �O 10 NN to to tt 0�0�00 OO O-Ot OO Q I ZH I titi tnr40 ti%OM tit- MM tntn OO tih %ONO MM tt trMI^ intn 0%0% tntn 1 <0 1 10MO- MM to to NN 0�0� 1 F-- I O I I H I £ I 1 w F 1 I W W 1 I Z I 1 v 1 I I I 1 1 1 1 I O Ol t- M f` M — t- M M t- 0000 O O It t 1 1 — 0o —0 10 It Ml O O O It NN o It MM I I I I I I I 1 I t I I I I 1 1 1 1 1 I 1 1 1 1 to �� M10 M InM �O to t M M M MM O M MM tY 1 I t to to t to t t M M M to to M t It It M t M M (u 1 I m I F 1 MM to to N M `0 to U� £ I Z I to �O so — — M to N N- e- to to r- — N r- M M 11 to It tt to t t t t t t t t tt N to tt Z I O I 1 1 1 1 1 I I I I I I I I I 1 1 1 1 1 1 1 U I n Na- NN 0 It N t N 10 t- M N NN O O NN Y I u l M Oo 00 O 0 0 to O O O o 0 00 O 0 00 z 1 a 1 r-• Oo 00 0 0 0 0 0 0 0 0 0 0o 0 0 00 a 1 1 1010 t It 0 ti M to to t M M tt o o titi m 1 1 I 1 1 I I I I I 1 I I I I 1 1 1 1 1 I I Ne- >- I 1 O oo 00 O 0 O 0 0 O O O o 00 O O 00 m I 1 t to — — — — c- — — to c- — D: I 1 W 1 1 r I 1 V) I 1 H I 1 (7 I I W 1 I to In to to to to to to to to to to to to to to to LA to to w 1 1 0 00 CD 0 O O O O O O O O 00 O O 00 I 1 O 00 Oo O O O O O O O O O 00 O O 00 Y 1 1 N NN NN N N N N N N N N N NN N N NN W I F- 1 01 M Mr- 2 I Q 1 N e-t- a- e- e-• U I C 1 \ \\ \\ \ \ \ \ \ \ \ \ \ \\ \ \ \\ I I It Ol a, 00 O O O O O O C. 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Q I I Q Q O H I 1 H H Z I I N 2 0 M I • 0 I O f•' N 0 1 O Z 1 d W z LL I 1 Z } O H I IL 1 N H U c- J I I W J Q I WCC0 1 HO 1010 N N1�titi ti �11 U 1 =LU I Q1- �O 10 �O 10 10 10 10 z10 ZNN M 1 Qx 1 F-M MMMMMMM OM WMM O �I Z u 1 (no 0000000 O p 0 0 O Q I 0 1 O Z 0 0 0 0 0 0 0 Z 0 w o o N I. -I cc 0 1 p 0 o 0 0 0 0 0 0 0 00 Q O O \J Z 1 0> I W N N010, O10, H I p I I-- H H Z N M 0 I Z I H cc H \M C F I W I Z W W W O.$ I > 1 > > > 3 O t.7Q I 1 �T�OON O•c--O� J 1 1 •O MI - In NM�O G •• 1 W 1 10OIl-NMM0 O• WELL 1 ou I S f-OK—N— -MN I-00 It ix 0 1 ZH I ILIA \O MSOti NIAe to to QS 1 00 I 00 01-10 xl-It Itr` —tn c-1-00 LL u' r I p>Z 1 —00 0r-Ln I-MMN NO Ntn 1n W OF- 1 ZZ 1 ON o00000o0 0Ln 000 (Y [L'H I utH I 00l O 10\0.01010.010 0It 000 a 0- u I> 1 00 0 N ti ti ti ti N ti 0 M 0-- QgMrCj 5 ot X4P FM OF T1iti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 18, 2005 BUSINESS SESSION: ITEM TITLE: Transmittal of Treasurer's Report CONSENT CALENDAR: as of August 31, 2005 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated August 31, 2005 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, Falconer, Finance Director Approved for submission by: o Thomas P. Genovese, City Manager Attachments: 1. Treasurer' s Report, City of La Quinta 71 Tily/ 4 4 Qu&ro MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for August 31,2005 DATE: August 31, 2005 Attached is the Treasurer's Report for the month ending August 31, 2005. 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: Cash (3) LAIF US Treasuries (2) US Gov't Sponsored Enterprises (2) Commercial Paper (2) Corporate Notes Beginning Purchases Nores $ (296,745) $ 14,705,033 (1) 34,858,208 1,000,000 115,521,014 (2) 28,591,456 (2) 3.561.182 1 7,838 I (1 (10 0 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 $14,408,288 $14,705,033 25,858,208 (9,000,000) 154,349 115,675,363 154,349 (20,659) 28,570,797 (20,659) 0 0 0 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. ell 2 2 E E m d 0 Ti a J m c E N C ° N a) n T n 0 7 uJ o E m U y ID a) C 7 U E O a`) _ N O w a) a1 w CO d C z C z C z C z z O z O z O z 0 z w o � L m o 0 0 o $ a) Q),9 (L d d ) y O U J N y 0 a .a A O N c c a m c 0 m� dp p E f0 T U LL LL m iq o wO m m QQ W U . c Q Q d m y m N T m C m T v y E a0i T N (D a0i N N (00 N O N O 10 N J N J C J ? N f0 7 c j V; C y > m �c_� N N C C C C �3 000 y y Q� MA {Up a > N yaij 0 d•a y Oa n—°y o: _ --o o m p nip E >,N oa oEEEE N 00000 LO �-�O O O O N N O O O O O Q7 000 coO O ct - C Qom. p LY o a� o f enraiaf» Qo 0 op CD CD u CD0 u x= a� ° i 0 0 0 . 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O O N O In Z LLC n O aD c Ln Cl) CO M In Q r cQ M > O 0 o 0 0 0 00000 0 -Noo 0 00000 0 0 o O c O 0 W 0 0 0 0 0 � 00 O (a LLL J co f0 O 0 t0 0 0 O rj CD 0 0 CID vi (OrON O Q � yi rn 0 OE 0000 O O O O O c J o O O O O O o 0 o u ME O O u N 00Q O 0000 O � m co Q� o 0 0 0 � N m�� C Z r arc O (D Z co d d E dcLi i i Syr m 'a m m z z m � 3 x O' N CO a O U0 m g d o c y CF.y v C C� � LEN O m T O J m y CO m C a 0> N C J E m m (� e .V N 7 0 O h m O N O mnn U u U N .a c Urn yT 0 K ° U °� O m 2 m ii 0 7 N o m N m y N U („) cm N lL N y al L C 9 C E c o 0 .0 rn< zo c N 3 [ cat a d L 3 Z N N 6 9 "0 c C C C m i c C N 0 v c = V a c m E o c c o m m E m c E -5° aci N a c y " a� 0 0 0 a d o a N y J N d E N (D p m c rn z c a) (D m y C N 7 y > > ° H E o iu o o E Ezxxx E E Z cTi �Uiq E d T Q c <n m > m cmm�a� U m aci Q aTicc E O Y �.'U--- F- C9 C > �99 V a) O OL 0) N m y6 a L aa)i Ui o E c9 ii U_ i LL a 0 � w Q > F U U �`0 y N E E C C N L c d m ID U Q N V > a- U_ O O O m EEEN r N N N L C 0 c c x c c c x Q QQtn 73 City of La Quinta Summary of Holdings City, Redevelopment Agency and Financing Authority August 31. 2005 r-City Cash & Investments Bank Accounts Interest Accrued Unrealized Market Name-Availabilil Su lus T e Rank Rate Book Interest Gain Loss Value Bank Wells Fargo - Demand Yes Checking 7 0.00% E 14,380,023 WA N/A E 14.380,023 E 16.608,584 Petty Cash - Demand No N/A 1 N/A 1,000 N/A N/A 1 Otto 1,000 Wells Fa o/Housin - Demand Yes Checking1 0.00% 27,265 N/A N/A 27,265 34,568 Total - Bank Accounts E 14,408,288 E 14,408,288 E 16,644,153 Bank of New York - Demand Bank of New York - Demand Bank of New York - Demand Bank of New York-Demantl Bank of New York - Demand Bank of New York - Demand Bank of New York - Demand Bank of New York - Demand Yes Yes Yes Yes Yes Yes Yes Yes FNMA FARM CREDIT FHLB FHLB FHLB-Discount FHL Mortgage FARM CREDIT FHLMortgage 1 1 1 1 1 1 1 1 5.500% 2.500% 2.625% -6.500% 1.230% 5.250% 2.125% 5.500% 5,052,876 1:997,741 1,997,952 2,517:881 7,979,641 7,558.150 4,935,271 2 531,285 E 150,486 10,695 11,076 48,750 249.375 66.701 21 771 (15,376 (4,616) (4,202) (6,112) (43,208 (18,306 (13,396 1,528 E 5,187.986 2:003,820 2,004,826 2.10,469 1,936,433 7,789,219 4,988,576 2:554:584 168 106 106 76 125 1375 320 318 E 5,000,000 2,000,000 2,000,000 2,500,000 2,000,000 7,600,000 5:000:000 2,500,000 2/1/2005 1/72005 12/142004 1 2005 7/142005 1/142005 5/312005 7262005 Total - U.S. Govemment Securities $28,570,797 $558,854 5703,738 E 29,025,913 E 28,500,000 U. S. Treasury Notes Custodian - Availabilil Su lus Issuer? a Rank Discount/ Rate Amortized Value Accrued Interest Unrealized Gain Loss Market Value Days to Maturi Par Value Settlement Date Bank of New York - Demand Bank of New York - Demand Bank of New York - Demantl Bank of New York - Demand Bank of New York - Demand Bank of New York - Demand Bank of New York - Demand Yes Yes Yes Yes Yes Yes Yes U.S. Treasury Nole -. U.S. Treasury Note U.S. Treasury Note U.S. Treasury Note U.S. Treasury Note U.S. Treasury Note U.S. Treasury Note 1 1 1 11 1 1 1 2.750% 1.625% 1.625% 1.625% 1.875% 1.875% 2.500% 4,970,248 5,000,605 3,997:508 5,001.856 4,996,909 3:990:989 5,001,315 23,356 33,964 21,964 27.380 23,566 12.740 31 421 (12,048) (7,855) (9,228 (16,506) (17,009) (14,589 47,215 4,981,556 5,026,714 4,010,244 5:012,730 5,D03,466 3.989,140 4,985,521 303 30 61 61 91 122 273 5,000,000 5:000:000 4,000,000 5,000,000 5,000,000 4:000:000 5 000 000 6/302005 10/152003 11/132003 10/312003 5/28 2004 06/302004 06/012004 Total -V.S. TreasuryS 32,959,430 E 174,391 E (124,450 E 33,009,371 E 33.000,000 Loral Agency Investment Funtl Interest Acauetl Unrealizable Markel Days to Actual Management Slalulory Management Name - Availabilil Su lus T Rank Bale Book Interest Gain/ Lass Value Matunt Fees C Fees Allowed LAIF- City -Demand Ves Slate Pool WA 3.18% E 22,219,605 E 169,132 WA WA 1 .24 of 1%- Qtr ending 061W/05 .50 of 1% LAIF - RDA - Demantl Yes Slate Pool WA 3.18% 3,638,603 25 629 WA WA 1 .24 of 1 % - Qtr endi 06/30/05 .50 of 11% Total- State Pool E 25,858,20. E 194,761 Total City Investments 1 $87.388,435 1 E 928,006 1 E (228,1881 NIA Total City Cash & Investments I E 101,796,7231 E 928,006 1 E 228188 N/A 74 City of La Quinta Summary of Holdings City, Redevelopment Agency and Financing Authority August 31, 2005 Investments Interest Amortized Accrued Unrealized Markel Days Par Settlement Portfolio -RDA Investments Availabilit Su lus IssuerrT a Rank Rate Value Interest Gain Loss Value to MaturityValue Dale Custodian - 2002 RDA U.S. Bank-CIP Yes U.S.Treasury Bill 1 2A80% $ 27.949,117 $ - $ (2,597) $ 27.946.520 22 $ 28,000,000 03/24/05 06/105 2004 Finance Authority-CIP Yes U.S.Treasury Bill 1 1,945% 9,976,767 - (2,367) 9,974400 29 10,000,000 14,998,000 O/23Po5 2004 Finance Authority-CIP Yes U.S.Treasury Note 1 1.625% 14,981,628 101.882 (5,375) 15.078,135 29,865,485 30 122 29 946.000 06123105 2004 Finance Authority -CIP Yes U.S.Treasury Nate 1 1.875% 29,808,421 82,715,933 96,166 $ 198,048 39,102 S (49,441 $ 821864,540 $ 82,944.006 Total - U.S. Treasury$ S 170,302,208 Portfolio - Money Mrkt Mutual Funds Money Market Accrued Unrealizable Market Days to Bond Issue Management Fees Trustee - Availability Sur lus Mutual Fund Rank Rate Book Interest N/A Gain/ Loss $ - Value $ - Maturity 1 1996 City Hall Revenue Bon .40% of Average Daily Civic Center U.S.Bank - Project Yes 1st American 1 2.870% $ - N/A - 63 1 199 City Hall Revenue Bonds Civic Center U.S.Bank - Debt Svc Yes 1st American 1 2.870%. 63 1 1 94 Series Bonds -RDA 1 1994 RDA U.S. Bank -Debt Svc Yes 1st American 1 2.870% - N/A NIA - - - - 1 1995 Housing Bonds - RDA i 8 2 1995 RDA U.S.Bank - CIP Yes 1st American 1 2.870% - NIA - - 1 1995 Housing Bonds - RDA 1 8 2 1995 RDA U.S.Bank . Special Fund Yes tst American 1 2.870% - 101 WA 101 1 2004 Financing Authority 2004 Fin Aulh - 1995 US Bank - Ewv Yes 1st American 1 2.670% WA - 1 1998 Series Bonds - RDA 1 1998 RDA U.S.Bank - CIP Yes 1st American 1 2.870% WA - 1 1998 Series Bonds - RDA 2 1998 RDA U.S.Bank - Dbt Svc Yes 1 st American 1- 2.870% - N/A 1 1995 Housing Bonds - RDA 1 & 2 1998 RDA U.S.Bank - Special Fund Yes 1 sl American 1 2.870% NIA 1 1998 Series Bands - RDA 2 1998 RDA U.S.Bank - CIP Yes 1st American 1 2.870% - WA 1 2001 Series Bonds - RDA 1 2001 RDA U.S. Bank - Dot Svc Yes 1st American 1 2.870% WA - 1 2001 Series Bonds - RDA 1 2001 RDA U.S. Bank - CtP Yes 1st American 1 2.870% NIA 1 2002 Series Bonds - RDA 1 2002 RDA U.S. Bank - Dot Svc Yes 1st American 1 2.870% - 6,904 N/A 6,904 1 2002 Series Bonds - RDA 1 2002 RDA U.S. Bank - CIP Yes 1 st American 1 2.870% NIA - - 1 2003 Series Bonds - RDA 1 2003 Taxable RDA U.S. Bank - DS Yes 1st American 1 2.870% N/A 1 2003 Series Bonds - RDA 1 2003 Taxable RDA U. S. Bank -COI Yes 1 st American 1 2.670% - 1 2003 Series Bonds - RDA 1 2003 Taxable RDA U. S. Bank-CIP Yes 1st American 1 2.870% 3,561.952 WA WA - 3,561,952 1 2004 Financing Authority 20G4 Fin Aulh US Bank - CIP Yes 1st American 1 2.870% N/A - 1 . 2004 Financin Author 2004 Fin Auth US Bank - COI Ves 1st American 1 2.870% Subtotal - Mutual Fund Total Fiscal Agent tnvestments Grand Total Average Maturity tJt $ 86.284.9531 $ 198,048 S (49,44IN $ 86,433,560 $ 188,081,6761 $ 1,126,054 1 $ (277,6299 NIA BI Da z 75, •c 0 L Y Q C �U C f0 C_ LL 2 >. U Q c Q Y E C Y m D c c p � N N O o > _ Cis J N y CV) oE�� E 7 Lo a- O O r- o Cn cc) r- �CoocoCo LnCVOCO1• M—OMCO CV r�0-0 t. az Q W a Q z 0N0�� 00 v z �g o Y $ 0 a► LO 0 o N Q m N 0 M z Co Oo cMo O CO ti G ' O O CL O O oo o PZ Co V- a O o o O Z o Z o 0 o �+ c r c o IL CL v► N N C N LL CA � � L C aaa$aa C > aaM $,ca $.c co N Cf) cC+ Y. cn U) U) as m U ~ o U ~ ui C/? c W t V ca cN C N aD p p H 7 0 C 8 8 d Y C L L a1 C c— 0 E L A W `.C- rn z U� ��. 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W o � w ao N m gy�m// .= Na m� t w L J C L o L is c x o m U o I M N V.0 o V 0 0 0 0 0 0 0 0 L O O O O O O O O O to CDto C) to C) to C) mp 4 cri vi Ci WaWd — o 6 ■ 1 i i I ■ i I 1 I I ■ I I 1 I I 1 I ■ 1 i .1 i i 1 i ■ 1 i i 1 I i 11 G OF iKti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Transmittal of Revenue and Expenditure Report dated August 31, 2005 and Investment Summary Report for the Quarter Ending September 30, 2005 RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the August 31, 2005 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2005. RespectfullyMsubmitt d, zw�l n M. Falconer, Finance Director proved fors ubmi sio Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2005 2. Investment Summary Report for the Quarter Ending September 30, 2005 82 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2005 - 08131105 FUNDS BUDGET RECEIVED o� RECEIVED General $27,806,859.00 $2,705,909.18 9.70% Library 1,530,800.00 0.00 0.00% Gas Tax Revenue 583,800.00 120,919.70 20.70% Federal Assistance 205,010.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 0.00 0.00% Local Law Enforcement 0.00 0.00 0.00% Indian Gaming 201,142.00 177,250.00 88.10% Lighting & Landscaping 842,200.00 38.37 0,00% RCTC 96,100.00 0.00 0.00% Quimby 805,700.00 919,696.50 114.10% Infrastructure 600.00 0.00 0.00% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 0.00 0.00% Cmaq/lstea 50,597.00 0.00 0.00% Transportation 1,162,500.00 470,875.36 40.50% Parks & Recreation 446,000.00 152,264.00 34.10% Civic Center 256,000.00 110,970.09 43.30% Library Development 177,500.00 68,268.00 38.50% Community Center 54,600.00 29,420.00 53.90% Street Facility 48,000.00 6,333.38 13.20% Park Facility 12,000.00 1,611.00 13.40% Fire Protection Facility 74,500.00 33,183.43 44.50% Library Development (County) Facili 0.00 0.00 0.00% Arts In Public Places 105,100.00 41,083.85 39.10% Interest Allocation 0.00 516,575.98 0.00% Capital Improvement 68,734,826.00 3,087,437.21 4.50% Assessment District 2000-1 0.00 0.00 0.00% Equipment Replacement 397,000.00 331,312.00 83.50% Information Technology 443,000.00 426,018.00 96.20% Park Equipment & Facility 256,300.00 250,000.00 97.50% SilverRock Golf 3,720,155.00 195,857.42 5.30% SilverRock Golf 69,353.00 0.00 0.00% LQ Public Safety Officer 2,100.00 0.00 0.00% La Quinta Financing Authority 5,867,556.00 12.36 0.00% RDA Project Area No. 1 38,405,302.00 621,156.83 1.60% RDA Project Area No. 2 20,667,054.00 5,409,014.78 26.20% Total $173165,654.00 $15,675,207.44 1 9.10% EM CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07►01►2005.08►31►05 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $28,940,398.00 $2,543,531.58 $0.00 $26,396,866.42 8.8% Library 1,352,978.00 80,456.14 0.00 1,272,521.86 5.9% Gas Tax 724,732.00 98,862.56 0.00 625,879.44 13.6% Federal Assistance 517,307.00 67.50 0.00 517,239.50 0.0% Urban Forestry 0.00 0.00 0.00 0.00 0.0% Slesf (Cops) Revenue 101,400.00 0.00 0.00 101,400.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Indian Gaming 201,142.00 0.00 0.00 201,142.00 0.0% Lighting & Landscaping 842,200.00 140,366.60 0.00 701,833.40 16.7% RCTC 2,056,829.00 0.00 0.00 2,056,829.00 0.0% Quimby 559,481.00 1,963.27 0.00 567,517.73 0.4% Infrastructure 676,547.00 4,274.59 0.00 672,272.41 0.6% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600.00 0.00 0.00 26,600.00 0.0% Cmaq/Istea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 516,257.43 0.00 6,806,060.57 7.1% Parks & Recreation 113,358.00 0.00 0.00 113,358.00 0.0% Civic Center 3,350,291.00 34,026.80 0.00 3,316,264.20 1.0% Library Development 0.00 0.00 0.00 0.00 0.0% 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 0.00 0.00 0.00 0.0% Library County DIF 0.00 9,881.08 0.00 (9,881.08) 0.0% Arts In Public Places 514,978.00 14,975.00 0.00 500,003.00 2.9% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 68,734,826.00 3,087,437.21 0.00 65,647,388.79 4.5% Proposed Assessment Dii 0.00 0.00 0.00 0.00 0.0% Equipment Replacement 1,082,585.00 30,016.45 0.00 1,052,568.55 2.8% Information Technology 634,043.00 18,053.18 0.00 615,989.82 2.8% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,255,518.00 468,608.53 0.00 3,786,909.47 11.0% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authi 5,867,556.00 4,925.00 0.00 5,862,631.00 0.1% RDA Project Area No. 1 63,985,683.00 1,769,906.99 0.00 62,215,776.01 2.8% RDA Project Area No. 2 79,848,564.00 483,971.55 0.00 79,364,592.45 0.6% Total $271,709,441.00 $9,307,571.46 $0.00 1 $262,401,869.54 3.4% CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigatooi Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire Services Credit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01/2005 - 08/31 /05 REMAINING BUDGET RECEIVED BUDGET 1,167,900.00 4,227.29 1,163,672.71 1,545,000.00 7,265.40 1,537,734.60 5,256,000.00 491,600.00 4,764,400.00 1,752,000.00 0.00 1,752,000.00 797,800.00 99,799.90 698,000.10 4,108,100.00 4,634.78 4,103,465.22 0.00 322,500.00 (322,500.00) 916 200.00 12 424.15 903,775.85 15,543,000.00 942,451.52 14,600,548.48 274,100.00 32,422.40 241,677.60 14,800.00 896.00 13,904.00 493,800.00 398,317.50 95,482.50 84,400.00 67,232.25 17,167.75 43,100.00 36,254.00 6,846.00 85,000.00 57,507.47 27,492.53 11,800.00 2,290.00 9,510.00 86 200.00 44,450.10 41,749.90 1,093,200.00 639,369.72 453,830.28 13, 200.00 1,006.40 12,193.60 252,600.00 23,116.10 229,483.90 377,100.00 224,879.86 152,220.14 222,400.00 44,562.50 177,837.50 584,400.00 300,217.00 284,183.00 1,449,700.00 593,781.86 855,918.14 1,726,200.00 8,641.53 1,717,558.47 94,000.00 0.00 94,000.00 27,700.00 0.00 27,700.00 175,874.00 47,512.01 128,361.99 89,350.00 0.00 89,350.00 0.00 12,458.79 (12,458.79) 8,600.00 8,888.00 (288.00) 4,337,893.00 0.00 4,337,893.00 174,200.00 0.00 174,200.00 6,633,817.00 77,500.33 6,556,316.67 2,747,400.00 451,599.20 2,295,800.80 7,149.00 1,201.75 5,947.25 0.00 0.00 0.00 0.00 0.00 0.00 51.00 4.80 46.20 7,200.00 1,206.55 5,993.45 332,542.00 0.00 332,542.00 27,806,859.00 2,705,909.18 25,100,949.82 8� 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING BUDGET RECEIVED BUDGET LIBRARY: County of Riverside 1,527,800.00 0.00 1,527,800.00 Contributions 0.00 0.00 0.00 Interest 3 000.00 0.00 3,000.00 TOTAL LIBRARY 1,530,800.00 0.00 1,530,800.00 GAS TAX REVENUE: Section 2105 189,300.00 37,732.85 151,567.15 Section 2106 147,000.00 26,183.43 120,816.57 Section 2107 233,700.00 51,003.42 182,696.58 Section 2107.5 6,200.00 6,000.00 200.00 Traffic Congestion Relief 0.00 0.00 0.00 Interest 7,600.00 0.00 7,600.00 TOTAL GAS TAX 583,800.00 120,919.70 462,880.30 FEDERAL ASSISTANCE REVENUE: CDBG Grant 205,010.00 0.00 205,010.00 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 205,010.00 0.00 205,010.00 URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) 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 0.00 100,000.00 700.00 0.00 700.00 100,700.00 0.00 100,700.00 LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 0.00 0.00 0.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LLEBG 0.00 0.00 0.00 INDIAN GAMING Grant revenue 198,942.00 177,250.00 21,692.00 Interest 2,200.00 0.00 2,200.00 TOTAL INDIAN GAMING 201,142.00 177,250.00 23,892.00 LIGHTING & LANDSCAPING REVENUE: Assessment 842,200.00 38.37 842,161.63 Developer 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIGHTING & LANDSCAPIN 842,200.00 38.37 842,161.63 RCTC RCTC Funding 96,100.00 0.00 96,100.00 Transfer in 0.00 0.00 0.00 TOTAL RCTC 96,10 .00 0.00 96,100.00 QUIMBY REVENUE: Quimby Fees 800,000.00 919,696.50 (119,696.50) Interest 5 700.00 0.00 5,700.00 TOTAL QUIMBY 805,700.00 91 ,696.50 113, 96.50 INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 Interest 600.00 0.00 600.00 Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 600.00 0.00 600.00 VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 0.00 r • f 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 REMAINING BUDGET RECEIVED BUDGET 39,900.00 0.00 39,900.00 0.00 0.00 0.00 0.00 0.00 0.00 2,300.00 0.00 2,300.00 42,200.00 0.00 42,200.00 CMAQ/ISTEA CMAQ/ISTEA Grant 50,597.00 0.00 50,597.00 Interest 0.00 0.00 0.00 TOTAL CMAQ/ISTEA 50,597.00 0.00 50,597.00 TRANSPORTATION Developer fees 1,096,200.00 470,875.36 625,324.64 Interest 66,300.00 0.00 66,300.00 Transfer in 0.00 0.00 0.00 TOTAL TRANSPORTATION 1,162,500.00 470,875.36 691,624.64 PARKS & RECREATION Developer fees 446,000.00 152,264.00 293,736.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 152,264.00 293,736.00 CIVIC CENTER Developer fees 256,000.00 110,970.09 145,029.91 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 256,000.00 110,970.09 145,029.91 LIBRARY DEVELOPMENT Developer fees 177,500.00 68,268.00 109,232.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 68,268.00 109,232.00 COMMUNITY CENTER Developer fees 37,000.00 29,420.00 7,580.00 Interest 17,600.00 0.00 17,600.00 TOTAL COMMUNITY CENTER 54,600.00 29,420.00 25,180.00 STREET FACILITY Developer fees 44,100.00 6,333.38 37,766.62 Interest 3,900.00 0.00 3,900.00 TOTAL STREET FACILITY 48,000.00 6,333.38 41,666.62 PARK FACILITY Developer fees 11,000.00 1,611.00 9,389.00 Interest 1000.00 0.00 1,000.00 TOTAL PARK FACILITY 12,000.00 1,611.00 10,389.00 FIRE PROTECTION FACILITY Developer fees 74,500.00 33,183.43 41,316.57 Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 33,183.43 41,316.57 LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 0.00 0.00 0.00 Interest 0.00 0.00 0.00 TOTAL LIBRARY DEV (COUNTY) 0.00 0.00 0.00 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 41,083.85 56,416.15 Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 7,600.00 0.00 7,600.00 TOTAL ARTS IN PUBLIC PLACES 105,100.00 41,083.85 64,016.15 INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 516,575.98 (516,575.98) Transfer In 0.00 0.00 0.00 TOTAL INTEREST ALLOCATION 0.00 516,575.98 (516,575.98) 1� 0 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 REMAINING BUDGET RECEIVED BUDGET 23,413,062.00 1,349,983.39 22,063,078.61 848,479.00 0.00 848,479.00 0.00 0.00 0,00 228,000.00 0.00 228,000.00 2,764,466.00 0.00 2,764,466.00 244,800.00 0.00 244,800.00 0.00 0.00 0.00 52,887.00 0.00 52,887.00 373,575.00 0.00 373,575.00 0.00 0.00 0.00 306,250.00 0.00 306,250.00 0.00 0.00 0.00 40 503 307.00 1,737,453.82 38,765,853.18 68,734,826.00 3,087,437.21 65,647,388.79 ASSESSMENT DISTRICT 2000-1 Interest 0.00 0.00 0.00 Assessment Bond Proceeds 0.00 0.00 0.00 Prepayments -sewer assessments 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL ASSESSMENT DISTRICT 0.00 . 0.00 0.00 EQUIPMENT REPLACEMENT FUND: Equipment Charges 331,300.00 331,312.00 (12.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Insurance Recoveries 0.00 0.00 0.00 Interest 65,700.00 0.00 65,700.00 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 331,312.00 65,688.00 INFORMATION TECHNOLOGY FUND: Charges for services 426,000.00 426,018.00 (18.00) Capital Contribution 0.00 0.00 0.00 Sale of Fixed Asset 0.00 0.00 0.00 Interest 17,000.00 0.00 17,000.00 Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOLC 443,000.00 426,018.00 16,982.00 PARK EQUIPMENT & FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 0.00 6,300.00 Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 256,300.00 250,000.00 6,300.00 SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,175,395.00 168,629.00 3,006,766.00 34,470.00 3,289.00 31,181.00 52,500.00 3,810.00 48,690.00 245,790.00 20,129.42 225,660.58 12,000.00 0.00 12,000.00 0.00 0.00 0.00 200,000.00 0.00 200,000.00 3,720,155.00 195,857.42 3,524,297.58 69,353.00 0.00 69,353.00 69,353.00 0.00 69,353.00 2,000.00 0.00 2,000.00 100.00 0.00 100.00 2,100.00 0.00 2,100.00 • • 07/01/2005 - 08/31/05 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 779,903.00 51,097.86 0.00 728,805.14 CITY MANAGER'S OFFICE 1,027,429.00 145,518.73 0.00 881,910.27 ECONOMIC DEVELOPMENT 1,195,868.00 159,676.98 0.00 1,036,191.02 PERSONNEL/RISK MGT 971,909.00 346,415.79 0.00 625,493.21 TOTAL GENERAL GOVERNMENT 3,975,109.00 702,709.36 0.00 3,272,399.64 CITY CLERK 530,379.00 92,123.06 0.00 438,255.94 TOTAL CITY CLERK 530,379.00 92,123.06 0.00 438,255.94 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 959,119.00 102,028.24 0.00 857,090.76 SENIOR CENTER 372,661.00 49,798.00 0.00 322,863.00 PARKS & RECREATION PROGRAMS 149,682.00 26,921.69 0.00 122,760.31 LIBRARY 843,605.00 15,756.39 0.00 827,848.61 TOTAL COMMUNITY SERVICES 2,325,067.00 194,504.32 0.00 2,130,562.68 FINANCE FISCAL SERVICES 749,178.00 120,774.24 0.00 628,403.76 CENTRAL SERVICES 480,682.00 136,929.46 0.00 343,752.54 TOTAL FINANCE 1,229,860.00 257,703.70 0.00 972,156.30 BUILDING &SAFETY: BUILDING & SAFETY -ADMIN 343,081.00 55,004.94 0.00 288,076.06 BUILDING 951,179.00 186,708.58 0.00 764,470.42 CODE COMPLIANCE 660,374.00 111,954.22 0.00 548,419.78 ANIMAL CONTROL 395,986.00 57,528.91 0.00 338,457.09 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 88,317.97 0.00 935,872.03 TOTAL BUILDING & SAFETY 3,374,810.00 499,514.62 0.00 2,875,295.38 PUBLIC SAFETY: POLICE SERVICES 7,988,288.00 (99,258.74) 0.00 8,087,546.74 FIRE 4,428,480.00 24,591.00 0.00 4,403,889.00 EMERGENCY SERVICES 33,650.00 7,765.00 0.00 25,885.00 TOTAL PUBLIC SAFETY 12,450,418.00 (66,902.74) 0.00 12,517,320.74 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 844,638.00 97,734.63 0.00 746,903.37 CURRENT PLANNING 750,389.00 43,092.50 0.00 707,296.50 TOTAL COMMUNITY DEVELOPMENT 1,595,027.00 140,827.13 0.00 1,464,199.87 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 315,854.00 45,033.59 0.00 270,820.41 DEVELOPMENT & TRAFFIC 1,206,213.00 207,049.22 0.00 999,163.78 MAINT/OPERATIONS - STREETS 2,284,326.00 241,879.97 0.00 2,042,446.03 MAINT/OPERATIONS- LTG/LANDSCAPING 1,831,880.00 252,130.31 0.00 1,579,749.69 MAINT/OPERATIONS - PARK MAINTENANCE 973,651.00 349,281.89 0.00 624,369.11 CONSTRUCTION MANAGEMENT 661,417.00 107,316.30 0.00 554,100.70 TOTAL PUBLIC WORKS 7,273,341.00 1,202,691.28 0.00 5,681,478.72 TRANSFERS OUT 1,018,578.00 21,004.25 0.00 997,573.75 GENERAL FUND REIMBURSEMENTS (4,832,191.00) (500,643.40) 0.00 (4,331,547.60) NET GENERAL FUND EXPENDITURES 28,940,398.00 2,543,531.58 0.00 26,396,866.42 0 CITY OF LA QUINTA 0710112005 - 08/31/05 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 0.00 0.00 843,605.00 TRANSFER OUT 509,373.00 80,456.14 0.00 428,916.86 TOTAL LIBRARY FUND 1,352,978.00 80,456.14 0.00 1,272,521.86 GAS TAX REIMBURSE GENERAL FUND 583,800.00 97,300.00 0.00 486,500.00 TRANSFER OUT 140,932.00 1,552.56 0.00 139,379.44 TOTAL GAS TAX FUND 724,732.00 98,852.56 0.00 625,879.44 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 67.50 0.00 517,239.50 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 101,400.00 0.00 0.00 101,400.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 0.00 0.00 0.00 0.00 INDIAN GAMING FUND TRANSFER OUT 201,142.00 0.00 0.00 201,142.00 TOTAL INDIAN GAMING FUND 201,142.00 0.00 0.00 201,142.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 842,200.00 140,366.60 0.00 701,833.40 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 842,200.00 140,366.60 0.00 701,833.40 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 559,481.00 1,963.27 0.00 557,517.73 INFRASTRUCTURE FUND 0.00 0.00 0.00 0.00 CONSTRUCTION REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 676,547.00 4,274.59 0.00 672,272.41 TOTAL INFRASTRUCTURE 676,547.00 4,274.59 0.00 672,272.41 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND 26,600.00 0.00 0.00 26,600.00 PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL SOUTH COAST AIR QUALITY 26,600.00 0.00 0.00 26,600.00 CMAQnSTEA TRANSFER OUT TOTAL CMAQIISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION TRANSFER OUT 7,322,318.00 516,257.43 0.00 6,806,060.57 TOTAL TRANSPORTATION 7,322,318.00 516,257.43 0.00 6,806,050.57 PARKS & RECREATION 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE TRANSFER OUT 113,358.00 0.00 0.00 113,358.00 TOTAL PARKS & RECREATION 113,358.00 0.00 0.00 113,358.00 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,173.00 34,026.80 0.00 170,146.20 TRANSFER OUT 3,146,118.00 0.00 0.00 3,146,118.00 TOTAL CIVIC CENTER 3,350,291.00 34,026.80 0.00 3,316,264.20 LIBRARY DEVELOPMENT 0.00 0.00 0.00 0.00 PROGRAM COSTS INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 90 TOTAL LIBRARY DEVELOPMENT 0.00 0.00 0.00 0.00 CJ CITY OF LA QUINTA 07101/2005 - 08131105 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 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 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL FIRE PROTECTION DIF 0.00 0.00 0.00 0.00 LIBRARY COUNTY 0.00 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 0.00 9,881.08 0.00 (9,881.08) TOTAL LIBRARY COUNTY DIF 0.00 9,881.08 0.00 (9,881.08) 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 282,758.00 14,975.00 0.00 267,783.00 TRANSFER OUT 226,920.00 0.00 0.00 226,920.00 TOTAL ART IN PUBLIC PLACES 614,978.00 14,975.00 0.00 500,003.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 67,750,113.00 3,087,437.21 0.00 64,662,675.79 PROJECT REIMBURSEMENTS TO GEN FUND 984,713.00 0.00 0.00 984,713.00 TRANSFER OUT' 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 68,734,826.00 3,087,437.21 0.00 65,647,388.79 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 0.00 0.00 0.00 0.00 TOTAL AD 2000-1 0.00 0.00 0.00 0.00 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 425,585.00 30,016.45 0.00 395,568.55 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,082,585.00 30,016.46 0.00 1,052,568.55 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 634,043.00 18,053.18 0.00 616,989.82 TOTAL INFORMATION TECHNOLOGY FUND 634,043.00 18,053.18 0.00 615,989.82 PARK MAINTENANCE FACILITY OPERATING EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK MAINTENANCE FAC 0.00 0.00 0.00 0.00 SILVERROCK GOLF OPERATING EXPENSES 4,186,165.00 468,608.53 0.00 3,717,556.47 TRANSFER OUT 69,353.00 0.00 0.00 69,353.00 TOTAL SILVERROCK GOLF 4,255,518.00 468,608.53 0.00 3,796,909.47 SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE 0.00 0.00 0.00 0.00 LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 9.1 10 Z a UC'1in Y) O O) V d• CDN N r- t` '7 w-,t M CO M CO LO — O Cl) CO .0 M CD Cl) N N m LO O O M V N O Il- O O 0 ;r M LO -'rLO CO M M — l0 r.- 0)0) N r- W N M0666.1i L6CO-7MN006r-:C6 000 tE I�r0)(M co4Nt I�tO)OLAOO�MO O 0) 0)lfi 0) LO LO LT 0) O O O O) O O (O 0 LON�-(,N444cei uig7C6 OCl)M0) Q p MOLOOM�(OLOOOMf�000OMO m O 0 1l- O M O O N LO O m m 0 0 0 0 co > O ti M N m L` O o rZ- N r- N O O N O 0 (rj O M 4 O r O N LO N -li cM rl N Ci LA CO w N O LA O M N N r 0 LO M CO Lb LO M f� 0 m O LO m LO LO M m O m O 0 O O O (O Ln m LO — - 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U U � m Cl. aai 0 0 0 Z Q 2 S 2 M Q S C C C C C C C 0 �5 LLLLLLLLLLLLLLLLI-FL F- HFLFLFL (n� C -C LL LL C C E E C d N a) E > > > Z' Z' L U U C w w 7 7 0 7 7 7 7 C C m m m m m m m N N O U U U U N N Q Q Q�mmm��F-F-HF-F-f`F- @ o 7 (n (n cn (n cn (n to U U �� J J J J� J -Q w Z Q= 2 2 M:Q 2 p o LL LL. LL LL LL LL LL LL D Z) :) Z) :D Z) Z) J J Ui 11 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Approval to Amend the Food and Beverage License Agreement for SilverRock Resort RECOMMENDATION: P AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Amend the Food and Beverage License Agreement, paragraph 2.5 (Attachment 1) between the City and Landmark Golf Management, LLC (Landmark) for SilverRock Resort. FISCAL IMPLICATIONS: None. The revised wording does not affect the master agreement with Landmark for operating the golf course. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As per the Golf Course Management Agreement by and between the City and Landmark, Section 3.1 - Management of the Golf Course by Manager, the manager is responsible for: (b) Managing and supervising the day-to-day operations of the food and beverage service; and (f) Acquiring all necessary licenses and permits for the operation of the Golf Course including those related to food preparation and alcoholic beverages. Since the opening of SilverRock Resort on February 14, 2005, Landmark has managed the food and beverage operations. SilverRock Resort was not able to sell alcoholic beverages until a Food and Beverage License Agreement was made between the City and Landmark. 93 S:\CityMgr\STAFF REPORTS ONLY\10-18-05\C1 F&B Amendment.doc On May 17, 2005, City Council approved the Food and Beverage License Agreement between the City and Landmark Golf Management, LLC for SilverRock Resort. Landmark applied for a California State Liquor License following Council's approval of the Food and Beverage License Agreement. On August 2, 2005, the operator was contacted by a licensing representative at the State Department of Alcoholic Beverage Control (ABC) informing Landmark Golf Management that paragraph 2.5 of the Food and Beverage License Agreement conflicts with Section 24076 of the B & P Code which states, "No licensee shall enter into any agreement where they pledge the license as security for the fulfillment of any agreement entered into more than 90 days prior to the filing of the application." In order to meet ABC's requirements, staff has worked with the City Attorney to amend the wording of paragraph 2.5 FROM: Assignment of Liquor License. Upon termination or expiration of this Agreement, and upon written notice of City, Manager shall immediately assign, irrespective of any alleged breach of this Agreement or the Management Agreement or dispute by any party, the Liquor License to any person or entity designated by City and shall execute any and all documents implementing said assignment as determined appropriate by the City. TO: Assignment of Liquor License. Upon termination or expiration of this Agreement, Manager shall not assign the Liquor License to any person or entity unless said assignment is offered first to a person or entity specified by the City upon the same terms and conditions as offered to the Third Party, and Manager shall execute any and all documents implementing said assignment as determined appropriate by the City Manager, and shall not assign the Liquor License to any person or entity without the prior written consent of the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Amend the Food and Beverage License Agreement, paragraph 2.5 between the City and Landmark Golf Management, LLC for SilverRock Resort; or 2. Do not amend the Food and Beverage License Agreement, paragraph 2.5 between the City and Landmark Golf Management, LLC for SilverRock Resort; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\10-18-05\C1 F&B Amendment.doc 2 94 Respectfully submitted, 9 T'mothy R. o asso P.E. ublic Works irect r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Food and Beverage License Agreement (Revised paragraph 2.5) TAPWDEPT\COUNCIL\2005\1 0-1 8-05\F&B Amendment.doc 3 90 ATTACHMENT 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into this _ day of January, 2005 ("Effective Date") by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and LANDMARK GOLF MANAGEMENT, LLC, a California limited liability corporation ("Manager"). RECITALS A. City and Manager are parties to that certain Golf Course Management Agreement dated as of , 2005 (the "Management Agreement") pursuant to which the Manager manages for the City the Golf Course and related facilities commonly known as SilverRock Resort (collectively, the "Golf Facilities"). B. The liquor license for the Golf Facilities ("Liquor License") will be acquired and held by Manager. C. City and Manager now desire that Manager conduct the sale of food and beverages, including alcoholic beverages (the "Food and Beverage Operation"), at the Golf Facilities, upon the terms and conditions hereinafter set forth. D. This Agreement shall neither amend nor modify the Management Agreement except as it relates to the Food and Beverage Operation. As provided in this Agreement, the Management Agreement shall control the ownership, control, maintenance, and use of Facilities relating to the Food and Beverage Operation. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Manager hereby agree as follows: ARTICLE I 1.1 Definitions. As used in this Agreement, the following terms shall have the respective meanings indicated below: Agency. The La Quinta Redevelopment Agency. Affiliate. Any and all corporations, partnerships, trusts, and other entities directly or indirectly controlled by, controlling, or subject to direct or indirect common control of an entity or person. Cam. The City of La Quinta, a municipal corporation. City Manager. The person holding the position of City Manager of the City of La Quinta. Furnishings and Equipment. All furniture, furnishings, trade fixtures, apparatus and equipment, including without limitation cash registers, kitchen equipment, appliances, china, glassware, silverware, telephone systems (not including pay telephones), and other personal property used in or held in storage for use in the operation of the food and beverage services at the Golf Facilities, other than operating inventory. 9& Impositions. All taxes and assessments (including without limitation real property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license fees, permit fees, inspection fees and other authorization fees and charges, which at any time may be assessed, levied, confirmed or imposed on the food and beverages services at the Golf Facilities Expense. Manager. Landmark Golf Management, LLC or any successor to its interests under this Agreement as provided in Section 9.3 of this Agreement. Any capitalized terms used herein and not defined shall have the same meaning ascribed to them in the Management Agreement. ARTICLE II 2.1 License. City hereby licenses to Manager on a non-exclusive basis, the portion of the Golf Facilities which is used for the same and consumption of food and beverages, including alcoholic beverages, for the term, and upon the conditions set forth herein. 2.2 Term. The term of this Agreement shall commence upon the execution of this Agreement and shall expire one (1) year later. 2.3 Termination. If the Management Agreement is terminated, then this Agreement shall automatically terminate effective as of same date of termination of the Management Agreement. 2.4 License Fees. Upon commencement of and throughout the term, Manager shall pay City a license fee in the monthly amounts as follows: 5 per month for the months of July, August and September; and $ per month for the Months of October, November and December; and $ per month for the months of January, February and March; and $ per month for the months of April, May and June. Such fees shall be paid to City in lawful money of the United States, in arrears, on or before the tenth (10`h) of each month, at the address for notices set forth in the Management Agreement. Fees for partial months shall be prorated. 2.5 Assignment of Liquor License. Upon termination or expiration of this Agreement, Manager shall not assign the Liquor License to any person or entity unless said assignment is offered first to a person or entity specified by the City upon the same terms and conditions as offered to the Third Party, and Manager shall execute any and all documents implementing said assignment as determined appropriate by the City Manager, and shall not assign the Liquor License to any person or entity without the prior written consent of the City. 2.6 Reimbursements for Costs of Liquor License. City shall reimburse Manager for all costs associated with the acquisition and renewal of the Liquor License within thirty (30) days of the submission of a requisition in a form approved by the City Manager. ARTICLE III 3.1 Sale of Food and Alcoholic Beverages. Upon commencement of and throughout the Term, Manager shall be responsible for the sale of food and beverages, including alcoholic beverages, on the premises. Manager shall pay all labor costs and direct expenses relating - 9 to the sale of food and beverages on the premises, including the costs of purchasing food and beverage inventory and supplies. Manager shall maintain an appropriate number of 5 food and beverage service employees and an appropriate level of inventory. Manager will collect for its account all revenues from the sale of food and beverages on the premises. 3.2 Frustration of Purpose. If Manager is not able to sell alcoholic beverages at the Premises for any reason whatsoever, including without limitation, damage, destruction, condemnation of all or any portion of the Premises, Acts of God, force majeure events and acts of governmental agencies, then at Manager's sole discretion, this Agreement shall terminate and neither party shall have any further rights or obligations under this Agreement. 3.3 Specific Operating Procedures. Manager shall operate and manage the food and beverage services at the Golf Facilities in accordance with the following operating procedures: 3.3.1 Hours of Operation. Food and beverage service at the Golf Facilities shall be operated on a daily basis as provided in the Management Agreement. 3.3.2 Dress Code. Appropriate attire shall be worn as defined in the Management Agreement. 3.3.3 Food and Beverage Operations. Manager shall continuously operate the restaurant located in the clubhouse and a snack bar. Other than a beverage cart(s), which is allowed at all times, temporary food stands shall not be installed on the Golf Facilities except for special events. Manager shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Manager shall require and provide basic alcohol serving training to all alcohol servers. Manager shall obtain and maintain all permits from the County of Riverside Department of Health for all food and beverage services at the Golf Facility. Manager shall comply with all regulations of the County Riverside Department of Health and all other present and future health laws and regulations as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Facilities. Manager shall comply with City's municipal code as it relates to tuberculosis testing, and other health and disease testing as now or hereafter may be required by applicable law, for all food and beverage employees. Prices of food and beverage services at the Golf Facilities shall be comparable to prices charged at other first class golf resorts in the Coachella Valley. 3.3.4 Safety and Security. The food and beverage services at the Golf Facilities shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Sections 1720 et seq. and 6300 et seq, and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Manager shall take all reasonable actions to protect the safety of all food and beverage service employees and customers. Manager shall provide appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for after hours control, and locks for the perimeter gates. The alarm system at the food and beverage service locations shall be tied into an offsite monitoring station. Manager shall keep for seven (7) days computer back-up tapes for all accounts payable and accounts receivable information. All records at the food and beverage services at the Golf Facilities 98 shall be kept in fireproof files. 0 3.3.5 Conformity with Base Budget. The license fees have been established based upon an assumption that the base budget (copy attached hereto as Exhibit A) will remain in force and effect without change during the term of the Agreement. If in the reasonable opinion and discretion of the City Manager there are changes to the budget or expenses related to the food and beverage services, the City shall adjust the license fee payable hereunder so that the Manager does not experience a profit or loss in the management of the Food and Beverage operations. If, by the date that is thirty (30) days after receiving written notification of the City's adjustment of the license fee, Manager has not consented to the adjusted license fee amount, this Agreement shall terminate effective on such date or such later date as the parties agree to. 3.4 Alterations to Buildings. Manager shall not make any alterations, additions, or changes to the appearance or the structural nature of the clubhouse without the prior approval of the City Council. 3.5 Operating and Maintenance Standards. The parties acknowledge and agree that the food and beverage services at the Golf Facilities shall be operated and maintained to the standards of a first class golf resort. In addition to all other responsibilities of Manager under this Agreement, Manager agrees that at all times during the term of this Agreement, the food and beverage services at the Golf Facilities shall be operated and maintained in accordance with the applicable standards set forth on the "Evaluation Form" attached hereto as Exhibit "B" and incorporated herein by this reference. Each month during the term of this Agreement, the City Manager, or his or her designee, shall inspect the food and beverage services at the Golf Facilities for purposes of compliance with the terms of this Section 3.5. The remedial procedures and remedies set forth in Sections 3.8.1 - 3.8.3 of the Management Agreement shall be applicable provided the maximum deductions from the Performance Evaluation Deposit shall be $1,000.00 per month for each Deficiency Item, under this agreement. In the event Manager disagrees with the results of any Evaluation Form or in the event the parties disagree as to whether any Corrective Action Item has been properly or timely corrected, improved, or repaired, then the parties shall submit the matter in disagreement to the City Manager. If after submitting the matter in disagreement to the City Manager, the parties are still unable to resolve the disagreement to their mutual satisfaction, then the matter in disagreement shall be submitted to the City Council of the City of La Quinta. Manager shall provide the City Clerk of the City a written description of the matter in disagreement and Manager's position on such matter, and the results of the City Manager's consideration of such matter. The matter in disagreement shall be heard at a regularly scheduled open session meeting of the City Council and the recommendations of the City Council shall be stated in writing and provided to Manager. The parties agree that Manager shall comply with the recommendations made by the City Council as to the correction, improvement, or repair of any Corrective Action Item in accordance with Manager's responsibilities under this Agreement. With regard to any matter in disagreement, during the period of time that such matter has been submitted to the City Council as provided above, the deductions from the Performance Evaluation Deposit shall be paid into an escrow account held by the City until such matter has been finally resolved. is 7 ARTICLE IV 4.1 Contract Administration. City has designed the City Manager as the individual who is responsible for administering this Agreement on behalf of City. The City Manager may designate any member or members of his or her staff or other person to carry out the City Manager's responsibilities in administering this Agreement. Manager has designated Randy Duncan, as the individual who is responsible for administering this Agreement on behalf of Manager. Manager shall notify City in writing if another individual has replaced Randy Duncan, as the individual who is responsible for administering this Agreement on behalf of Manager. The parties acknowledge that except as otherwise expressly provided herein (a) the City Manager has the authority to approve or consent to those matters identified in this Agreement as requiring City's approval or consent and to make all other decisions on behalf of City regarding the administration of this Agreement (except where City Council approval is expressly required herein), and (b) Randy Duncan or such other individual designated by Manager has the authority to approve or consent to those matters identified in this Agreement as requiring Manager's approval or consent and to make other decisions on behalf of Manager regarding the administration of this Agreement. City's management direction to Manager shall be given by the City Manager. ARTICLE V inigi IPAKIrF 5.1 Coverage. Manager agrees to insure the food and beverage operations and to procure and maintain, as a Golf Facilities Expense, at all times during the term of this Agreement, insurance that complies with the insurance requirements of Section 3.11 of the Management Agreement: 5.2 Handling of Claims. Manager shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability; and expenses (including without limitation personal injury and property damage claims) arising out of the operation and management of the food and beverage services at the Golf Facilities ("Claims"), whether or not such claims are covered by insurance required under this Article V as provided in Section 3.12 of the Management Agreement. ARTICLE VI 6.1 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 food and beverage services at the Golf Facilities. 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 food and beverage services at the Golf Facilities, including contract documents, invoices and construction records. All books and records for the food and beverage services at the Golf Facilities shall be located at the Golf Facilities. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in an accrual format for each Operating Year. 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 food and beverage services at the Golf Facilities, and such controls shall provide checks and balances designed to protect the food and beverage services at the Golf Facilities, as well as the Manager and the City. The cash registers used by Manager shall be approved by City. too E 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 6.2 below. 6.2 Inspection. Upon seven (7) days prior written notice to Manager, which notice shall set forth the date and time that City desires to inspect the books and records, City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by Manager in connection with the operation of the food and beverage services at the Golf Facilities. All such books and records shall be made available to City at the Golf Facilities, unless City and Manager agree upon another location City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Golf Facilities on an annual basis. City's rights under this Section shall continue for seven (7) years (6.1) after termination of this agreement. 6.2.1 Reports to City. Manager shall deliver to City the following financial statements, in a form acceptable to City: (a) Within twenty (20) days after the end of each calendar month,, a profit and loss statement showing the results of operation of the food and beverage services at the Golf Facilities for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all gross revenues and food and beverage service expenses; and (b) Within sixty (60) days after the end of each Operating Year, a profit and loss statement showing the results of operation of the food and beverage services at the Golf Facilities for such Operating Year which statement shall include sufficient detail to reflect all gross revenues, and food and beverage service expenses. If requested by City, and at the sole expense of City, these financial statements shall be certified by an independent certified public accountant acceptable to City. ARTICLE VII TERMINATION RIGHTS 7.1 Termination by City. In addition to the City's option to terminate this Agreement pursuant to Section 2.2, City shall have the right to terminate this Agreement upon the occurrence of any one of the following events: (a) Manager fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, and such default continues for a period of thirty (30) days after written notice of such default by City to Manager (the "Cure Period"); or (b) (i) Manager applies for or consents to the appointment of a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets; (ii) Manager files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors, (iii) Manager files an answer admitting the material allegations of a bankruptcy petition, reorganization proceeding, or insolvency 1 LI 1 proceeding filed against Manager; (iv) Manager admits in writing its inability to pay its debts as they come due; (v) Manager makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent 9 jurisdiction, on the application of a creditor, adjudicating Manager a bankrupt or insolvent or approving a petition seeking reorganization of Manager or appointing a receiver, trustee or liquidator of Manager or of all or a substantial part, of its assets, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days. City's right to terminate this Agreement shall be exercised upon written notice to Manager given at any time after the applicable Cure Period has expired. City's termination notice shall specify the effective date of such termination, which date shall not be more than sixty (60) days after the date of City's termination notice. (c) Termination of this Agreement. 7.2 Termination by Manager. Manager shall have the right to terminate this Agreement, if City fails to keep, observe, or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by City, and such default continues for a period of thirty (30) days after notice of such default by Manager to City. Manager's right to terminate this Agreement pursuant to this Section 7.2 shall be exercised upon written notice to City given at any time after the applicable grace period has expired. Manager's termination notice shall specify the effective date of such termination, which date shall not be less than sixty (60) days after the date of Manager's termination notice. 7.3 Effect of Termination. The termination of this Agreement under the provisions of this Article VII shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 7.4 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. ARTICLE VIII TITLE MATTERS; ASSIGNMENT 8.1 Ownership of Improvements and Personal Property. All improvements to the food and beverage services at the Golf Facilities made during the term of this Agreement and all Furnishings and Equipment shall be considered property owned exclusively by City. 8.2 Levelized Inventory. The cost of the present inventory for food and beverage service shall be ascertained by an inventory audit on the first day of the license. Upon termination of the license a closing inventory audit shall be made. Any difference in the beginning and during inventory shall be compensated by a cash payment from the appropriate party. 8.3 Assignments. Except for an assignment of this Agreement by by City to a governmental agency related to City, neither party shall assign this Agreement without the 102 prior written consent of the other party. It is understood and agreed that any consent granted by a party to any such assignment shall not be deemed a waiver of any consent required under this Section 8.3 as to any future assignment. Any assignment by either 10 party of this Agreement in violation of the provisions of this Section 8.3 shall be null and void and shall result in the termination of this Agreement. In addition to any other remedies available to the parties, the provisions of this Section 8.3 shall be enforceable by injunctive proceeding or by suit for specific performance. 8.4 Successors and Assigns. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. ARTICLE IX INDEMNITIES 9.1 Manager's Indemnity. Manager agrees to indemnify and hold harmless City, Agency, and City Personnel from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys' fees, costs, and expenses: (a) which result from any act or omission constituting negligence or willful misconduct by Manager or any officer, director, or employee of Manager in connection with Manager's performance under this Agreement; or (b) which result from any action taken by Manager relating to the food and beverage services at the Golf Facilities (i) that is expressly prohibited by this Agreement, or (ii) that is not within the scope of Manager's authorities under this Agreement. Manager's indemnity obligations under this Section 9.1 shall not apply to any acts or omissions taken (or in the case of omissions, not taken) either at the express written direction of City or with the express written approval of City. 9.2 City's Indemnity. City agrees to indemnify and hold harmless Manager and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys' fees, costs, and expenses which results from any act or omission constituting negligence or willful misconduct by City or any officer, director, employee, or agent of City. ARTICLE X 10.1 Golf Facilities Names. The Golf Facilities shall be known by such trade name and/or trademark or logo as may from time to time be determined by City. The parties acknowledge and understand that the names, logos, and designs used in the operation of the food and beverage services at the Golf Facilities, together with appurtenant goodwill, are the exclusive property of City. Manager may identify the food and beverage service at the Golf Facilities as managed and operated by Manager. 10.2 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service, postage prepaid to the addresses stated below or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective 1 {� three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. 11 For purposes of Notices hereunder, the address of City shall be: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager For purposes of Notices hereunder, the address of Manager shall be Landmark Golf Management 74-947 Highway 1 1 1, Suite 200 Indian Wells, CA 92210 Attn: President Each party shall have the right to designate a different address within the United States of America by the giving of notice in conformity with this Section 10.2. 10.3 Independent Contractor. Manager shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City and its successors and assigns, on the one part, and Manager and its successors and assigns, on the other part. 10.4 Modification and Changes. This Agreement may be amended or modified only by a writing signed by both parties. 10.5 Understandings and Agreements. This Agreement and the Management Agreement constitutes all of the understandings and agreements of whatever nature or kind existing between the parties with respect to Manager's management and operation of the food and beverage services at the Golf Facilities, and this Agreement supersedes all prior understandings and agreements, whether written or oral, between City and Manager pertaining to the management and operation of the food and beverage services at the Golf Facilities. 10.6 Headings. The Article, Section and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 10.7 Consents. Each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified. Similarly, each party agrees that any provision of this Agreement which permits such party to make requests of the other party shall not be construed to permit the making of unreasonable requests. 10.8 Survival of Covenants. Any covenant, term or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 104 10.9 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the 12 terms of this Agreement. 10.10 Waivers. No failure by Manager or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 10.11 Applicable Law. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the internal laws of the State of California. The parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the parties relating to this Agreement. 10.12 No Presumption Regarding Drafter. City and Manager acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and Manager, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Manager to be the drafter of this Agreement, and therefore no presumption for or against the drifter shall be applicable in interpreting or enforcing this Agreement. 10.13 Enforceability of Any Provision. If any term, condition, covenant, or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 10.14 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 10.15 Counterparts. This Agreement and any amendment may be executed in counterparts by fax, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 10.16 Attorneys' Fees. In the event of a dispute involving the nonperformance by a party hereto of its obligations under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all other expenses (including fees and costs related to discovery) reasonably incurred in connection with such dispute, whether or not litigation is commenced, in addition to all other relief to which the party is entitled. If the successful party recovers judgment in any legal action or proceeding, the attorneys' fees and all other expenses of litigation shall be included in and made a part of any such judgment. 10.17 Easements. Manager shall recognize all easements of record affecting the food and beverage service at the Golf Facilities. 1015 10.18 Publicity. Any commercial advertisements, press releases, articles, or other media information using City's name or the name of the Golf Facilities shall be subject to the prior approval of City which approval shall not be unreasonably withheld. 13 10.19 Covenants Against Discrimination. Manager agrees that in connection with its performance under this Agreement, there shall be no discrimination by Manager against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. Manager agrees to include a provision similar to this Section 10.19 in all subcontracts entered into by Manager in connection with work being performed under this Agreement. 10.20 Time of the Essence. Time is of the essence of this Agreement. The parties understand that the time for performance of each obligation has been the subject of negotiation by the parties. 10.21 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. 10.22 Possessory Interest. Pursuant to California Revenue and Taxation Code Section 107.6, City hereby informs Manager that this Agreement may create a possessory interest subject to property taxation, and in such event Manager may be, subject to the payment of property taxes levied on such interest. The parties agree that in the event possessory interest property taxes are levied against Manager in connection with this Agreement, such taxes shall be considered Golf Facilities Expense and shall be paid from the Golf Facilities Expense Accounts pursuant to the provisions of the Management Agreement. 10.23 Conflict of Interest. The parties hereto hereby covenant that during the term of this agreement they will not employ any person to administer any portion of this agreement that has an interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. IN WITNESS WHEREOF, the parties have executed or caused this Agreement to be executed as of the day and year first written above. CITY OF LA QUINTA, a municipal corporation Date: By: APPROVED AS TO FORM: M. Katherine Jenson, Esq., City Attorney 10F 14 Date: LANDMARK GOLF MANAGEMENT, LLC, a California limited liability company MR Its: 1 �w 15 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Parcel Map No. 33609, Richard M. Baker, Owner RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:.S STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33609, Richard M. Baker, Owner. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33609 is located north of Avenue 58 and west of Madison Street (Attachment 1). This residential development will consist of 2 numbered and 1 lettered parcel lots on approximately 10.04 acres (Attachment 2). On June 15, 2005, at a Directors Hearing, the Community Development Director approved Tentative Parcel Map No. 33609. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. The Final Map is technically complete and is being routed for signatures. The developer expects the signatures to be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map. The approval is contingent upon receipt within 30 days (November 17, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). 1 V 0 S:\CityMgr\STAFF REPORTS ONLY\10-18-05\C2 PM 33609.doc Once the map is 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 the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33609, Richard M. Baker, Owner; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33609, Richard M. Baker, Owner; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R. o son, P.E. Public Works erector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 2 105 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33609, RICHARD M. BAKER, OWNER, 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. 110 3 Resolution No. 2005- Parcel Map No. 33609, Richard M. Baker Adopted: October 18, 2005 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 33609 is conditionally approved provided the subdivider submits all required items on or before November 17, 2005. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Finalize the Final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 17, 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. ill C! Resolution No. 2005- Parcel Map No. 33609, Richard M. Baker Adopted: October 18, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 181h day of October 2005, 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, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 112 5 ATTACHMENT 1 A VENUE 1 54 AIRPORT BL VD. N o A VENUE 58 PROJECT SI TE VICINITY MAP NOT TO SCALE 113 L ATTACHMENT 2 pry of LA QU/NtAA cowry of Rlm?s DE STAIE OF CAUFO N/A PARCEL MAP 33609 S MC A a m wgm or AE EAST HALF cr 7ME Ksr HALf G1r DE SOMMST WARM? OF DE SLVJW-ASr OlARV OF SEMIN 21. TOWSW 6 SWIR RANGE 7 £AST, SAN BERHAROYWiO AIpPID(AM, AV 7W OrY Or LA a frA. COWrY Ar AYWW= STATE OF CALMMA. OWAMMANNNT rMMY SrAw WT W AT K OEM W K LAID AUM"N K WX AW SARIOM Wr WAIF K Osr FMM VW MIWN Wt> Wr AIAAA OIM Itt A SW LAO NOT W COM A K YM&V AW I V I I Or MS K AMAW AS SAM ffm K a5mcm mw I" WM&wrOmSNKAAAAAOM/OWM= 1'(AW"So A KOI►Wu OI M RR PMC SWU AO OR/Tr AWM AS SANE AN W MMY MLM M WMIL* A=U WO A Ad[ K AIM MOMS I AV A DW'r ArAvAV O LM=K AOWtl & SMO ACTAO/'AoolollL�fbl1► OAAIOI' i r 1 Ns1#Atl AIeI�tt.A Q: �,..a ML. 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M INE drY OF LA QWTA. COIMTY OF RFWM STAIE OF C4FORMA. IQ oa wt I Z Iw toow►ua>W NawPAWN n4wra64s1uWffAd asa r avrat ,cmotc N JW Smt WAW I K Gsaarr rttMws tearer j 71p1 ilf 1Klel w A17 1rM1•AY7tw Aiq JIi1tAMI �rrweb� PARCEL f ¢OO At7UiY � � OWAL 'A' #4rom PARCEL 2 1 I IJO AM f I I PARCEL. A' ... c b�• �— 29 27 C 22V "W toe' -r scar r roc' ttfe' SHEET J OF J SEFIS I PARCEL 2 1.70 ACRES bar t�txx�� 3:b PARCEL 1 8.00 ACRES --,I•— tart - — — — PAt+4CEL�'A• R.W AMS AVEIM Ir. A' tiMMIC lC+YL C ro » a a IC rso sots r. ro 116 9 I1 7 PJDCOMM TAMM, COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Parcel Map No. 33654, Linda E. Tenney and Wilson D.K. Lindsay Jr., Trustees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33654, Linda E. Tenney and Wilson D.K. Lindsay Jr., Trustees. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33654 is located north of Madison Street and west of Via Mallorca (Attachment 1). This residential development will consist of 2 parcel lots on approximately 0.70 acres (Attachment 2). On July 20, 2005, at a Directors Hearing, the Community Development Director approved Tentative Parcel Map No. 33654. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. The Final Map is technically complete and is being routed for signatures. It is expected that all signatures will be in place within the time allowed for its conditional approval. (10 As a result, City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map. The approval is contingent upon receipt within 30 days (November 17, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). 117 T:\PWDEPT\COUNCIL\2005\10-18-05\PM 33654.doc Once the map is 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 the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33654, Linda E. Tenney and Wilson D.K. Lindsay Jr., Trustees; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33654, Linda E. Tenney and Wilson D.K. Lindsay Jr., Trustees; or 3. Provide staff with alternative direction. Respectfully submitted, imothy Jo sson, P.E. Public Works irector/ City Engineer Approved for submission by: Z�— Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map T:\PWDEPT\COUNCIL\2005\10-18-05\PM 33654.doc 118 1S 2 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33654, LINDA E. TENNEY AND WILSON D.K. LINDSAY JR., TRUSTEES, 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. 1q Resolution No. 2005- Parcel Map No. 33654, Linda E. Tenney and Wilson D.K. Lindsay Jr. Adopted: October 18, 2005 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 33654 is conditionally approved provided the subdivider submits all required items on or before November 17, 2005. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Finalize the Final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 17, 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. 120 4 Resolution No. 2005- Parcel Map No. 33654, Linda E. Tenney and Wilson D.K. Lindsay Jr. Adopted: October 18, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of October, 2005, 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, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 121 5 ATTACHMENT 1 A NIUF 50 Lij Cy c VIA PESSAROLLJ cJ L_.E_7 VIA I ALLORCA AVENUE 54 VICINITY MAP NJ, S, PARCEL MAP 33654 PALM ESE- £)0_..6L% 01- 15`.;9 t 122 Al ATTACHMENT 2 lob 95 o 10> 3 b i b bit b Igb h II it I g1l it $ 3 ;; 11 ;� gigs _ p gW s W €gR Jill b" �< $ 9v ig Qa '$ $e tl IV "sII T 1 9 Ni d g b RXs R ; ;$ 9 1:1 W. b $ R �3@ doll mm M9 LO =n N 4 .yEa b (Y) o g I as � b gg R g \ go W a � Vr 1 O lff�� <zoo =W ax BR s �bp j yyIN= s 123 6 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEMTITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map for Parcel Map No. 33415, Lucano S. Coronel, Owner RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map for Parcel Map No. 33415, Lucano S. Coronel, Owner. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33415 is located north of Calle Chihuahua and west of Avenida Ramirez (Attachment 1). This residential development will consist of 2 parcel lots on approximately 0.34 acres (Attachment 2). On June 15, 2005, at a Directors Hearing, the Community Development Director approved Tentative Parcel Map No. 33415. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. The Final Map is technically complete and is being routed for signatures. The developer expects that all signatures will be in place within the time allowed for its conditional approval. S:\CityMgr\STAFF REPORTS ONLY\10-18-05\C4 PM 33415.doc 124 As a result, City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map. The approval is contingent upon receipt within 30 days (November 17, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk). Once the map is 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 the required item is not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33415, Lucano S. Coronel, Owner; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33415, Lucano S. Coronel, Owner; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J na n, P.E. ublic Works Dir tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map T:\PWDEPT\COUNCIL\2005\10-18-05\PM 33415.doc 125 2 RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33415, LUCANO S. CORONEL, OWNER, 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. 126 3 Resolution No. 2005- Parcel Map No. 33415, Lucano S. Coronel Adopted: October 18, 2005 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 33415 is conditionally approved provided the subdivider submits all required items on or before November 17, 2005. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Finalize the Final Parcel Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 17, 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. 127 0 Resolution No. 2005- Parcel Map No. 33415, Lucano S. Coronel Adopted: October 18, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 181" day of October 2005, 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, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 128 5 ATTACHMENT CALLE ENSENADA N N W O Q ck� Q W CALLE v Q J > W _ NOGALES SI E CALLE CHIHUAHUA Q 0 Q 0 Q 0 W Z � W Q Q Q Q CALLE MONTEREY VICINITY MAP NO SCALE 29 9 4 � t h g cv.)` , W RYY ±r O S i t K M la rt� 1 -------- ATTACHMENT 2 i m y wpq� N ri�tiy �} � ZS I QG R 13 Rig dut 11111 "!a #1 4. P. 5 LZ 12 CALLS zk AR to z cc stye c!1 SrWA3, c fsact 0 NOGALES twr oso-W) 1. �-4 Sib At zw b-4 A ca CALLE %0 & MI. CHIHUAHUA 13 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 28961, Innovative Communities at PGA West RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Accept improvements associated with Tract Map No. 28961, Innovative Communities at PGA West and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract Map No. 28961; therefore, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 28961 is located within PGA West, which lies west of Madison Street, south of Avenue 54, and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating securities to be released after the City receives the warranty securities. 132 T:\PWDEPT\COUNCIL\2005\10-18-05\TM 28961.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept improvements associated with Tract Map No. 28961, Innovative Communities at PGA West and authorize staff to release performance securities upon receipt of warranty securities; or 2. Do not accept improvements associated with Tract Map No. 28961, Innovative Communities at PGA West and do not authorize staff to release performance securities upon receipt of warranty securities; or 3. Provide staff with alternative direction. Respectfully submitted, 4T'oth�R. nan, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Table of Values T:\PWDEPT\COUNCIL\2005\10-18-05\TM 28961.doc 1 3 32 TRACT NO. 28964NT 1 COLONIAL INTERLACHEN .. 54th AVENUE z RIVIERA W � MERION o V) TRACT NO.n :z 28961 CLUB wF�sk� HERMITAGE SOUTHERN HILLS eqY AIRPORT BLVD. i 58th AVENUE LAKE r- CAHUILLA VICINITY MAP 134 COUNTY w LL- PARK W NOT TO SCALE 3 1:\45804\MAPPING\VICINITY 2/17/2000 ATTACHMENT 2 EXHIBIT A SECURITY — Tract No. 28961 Received Bonds: Performance Bonds Improvement Description Labor& Materials Current Amount Proposed Reduction Reduced Amount Streets & Storm Drain $269,449.00 $67,362.00 90.00% $26,945.00 Domestic Water $194,910.00 $48,728.00 90.00% $19,491.00 Sanitary Sewer $105,000.00 $26,250.00 90.00% $10,500.00 Electrical $120,000.00 $30,000.00 90.00% $12,000.00 Monumentation $11,060.00 100.00% $0.00 Totals $689,359.001 $183,400.00 $68,936.00 135 0 i COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 28738, Innovative Communities at PGA West RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: PUBLIC HEARING: Accept improvements associated with Tract Map No. 28738, Innovative Communities at PGA West and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Tract Map No. 28738; therefore, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 28738 is located within PGA West, which lies west of Madison Street, south of Avenue 54, and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating securities to be released after the City receives the warranty securities. 136 S:\CityMgr\STAFF REPORTS ONLY\10-18-05\C6 TM 28738.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept improvements associated with Tract Map No. 28738, Innovative Communities at PGA West and authorize staff to release performance securities upon receipt of warranty securities; or 2. Do not accept improvements associated with Tract Map No. 28738, Innovative Communities at PGA West and do not authorize staff to release performance securities upon receipt of warranty securities; or 3. Provide staff with alternative direction. Respectfully submitted, - AM RJaiector/City sson, P.E. mothy clWorks Engineer Approved for submission by: C j Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Table of Values T:\PWDEPT\COUNCIL\2005\10-18-05\TM 28738.doc 137 ATTACHMENT 1 MONROE STREET c J m w Z La 2 � cm LaR a MADISON �- Q � Z W 4 V PGA BLVD. h— OD J EFFERSON ST. Lo DO w w N d 0 (. ATTACHMENT-2 EXHIBIT A SECURITY — Tract No. 28738 Received Bonds: Performance Bonds Improvement Description Labor& Materials Current Amount Proposed Reduction Reduced Amount Grading $10,041.00 90.00% $4,016.00 On -Site Street Improvements $0.00 $49,378.00 90.00% $19,751.00 Domestic Water $0.00 $33,075.00 90.00% $13,230.00 Samitary Sewer $0.00 $14,850.00 90.00% $5,940.00 Underground Electrical $0.00 $13,750.00 90.00% $5,500.00 Monumentation $5,340.00 100.00% $0.00 Totals $0.00 $126,434.001 1 $48,437.00 I S9 H T41tt 4 4 4P Qu & rcv COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Approval of First -Source Hiring Agreement with the Workforce Development Centers of Riverside County RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /d STUDY SESSION: PUBLIC HEARING: Approve the First -Source Hiring Agreement with the Workforce Development Centers of Riverside County. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Riverside County Economic Development Agency and the Workforce Development Board of Riverside County have established five Workforce Development Centers ("WDC") throughout Riverside County: locations include Indio, Palm Springs, Riverside, Temecula, and Hemet. The Workforce Development Centers provide a variety of services to employers and job -seekers, including recruitment assistance, pre-screening and testing, job placement services, tax incentive programs, job fair coordination, business consulting, video conferencing, and business expansion/relocation assistance. Most services are provided free of charge. Additional information about the WDC is included as Attachment 1. In order to strengthen the relationship between cities and the Workforce Development Centers, the Workforce Development Board developed the First -Source Hiring Agreement (Attachment 2). This non -binding agreement encourages (but does not require) cities to refer existing, new, and expanding businesses to the WDC for employment and training services. The WDC will provide the City a supply of WDC Information Packets to share with interested businesses. Every month, the WDC will 140 provide the City a written update regarding its assistance to participating La Quinta businesses. Between 12 and 18 months after the agreement is executed, WDC and City representatives will meet to discuss the program's status. The WDC has entered into this agreement with the following Riverside County cities: Coachella, Desert Hot Springs, Palm Desert, Banning, Calimesa, Murrieta, Norco, Perris, Riverside, San Jacinto, and Temecula. The WDC is waiting for agreement approval from: Indio, Cathedral City, Beaumont, Canyon Lake, Corona, Hemet, and Moreno Valley. In the near future, the WDC will also contact: Blythe, Indian Wells, Lake Elsinore, Palm Springs, and Rancho Mirage. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the First -Source Hiring Agreement with the Workforce Development Centers of Riverside County; or 2. Do not approve the First -Source Hiring Agreement with the Workforce Development Centers of Riverside County; or 3. Provide staff with alternative direction. Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Information about the WDC 2. First —Source Hiring Agreement 141 tj rivcojobs.com - Who We Are ATTACHMENT 1 Monday, October 10, 2005 WHO WE ARE MENU: Who We Are Who ho We Are GU�'St SServicesGuest Se The Workforce Development Centers (WDC) is brought to you by the Development EcoAgency Economic Development Agency of Riverside County. Partners Our mission is providing businesses with their greatest resource. Our Locations Whether you are a business looking for qualified employees or a job Customer Center seeker looking for employment we can help. For businesses, the WDC is prepared to provide comprehensive business services that will save you time and money hiring and training employees. For Job Seekers the WDC provides education, job training, and employment programs services, and information to help with your employment preparation needs. The Workforce Development Centers are brought to YOU by the. Workforce Development Board and the Economic Development Agency. Copyright © 2005 All rights reserved. Workforce Development Centers Email the Webmaster 142 3 http://www.rivcojobs.com/about/default.asp rivcojobs.com - Business Services BUSINESS MENU: Business Services Business Services Expansion & Relocation The Workforce Development Tax Incentives Centers of Riverside County offer Industry Skills businesses a variety of Outplacement employment and training services Recruitment and incentives that will save you Training time and money. Our center representatives are prepared to Space meet with you to discuss your Mobile one stop (MWDC) specific needs and how our rivcojobs.corn Job Match services can best serve you. System Disability Program Navigator For more information call (951) Labor Market Info 955-3075 or click here to fill out our contact form.. and a Employment Development representative will contact you. Department The Riverside County EDGE Customer Center CI_ck here _fio. _comp_lete_,7_ob Match _Form Monday, October 10, 20D Specral _B.uslin_e s Events.. B.u_s _ness..._Res®u_rce. Guide .................................... The Workforce Development Centers are brought to you by the Workforce Development Board and the Economic Development Agency. Copyright © 2005 All rights reserved. Workforce Development Centers Email the Webmaster 143 CI http://www.rivcojobs.com/business/default.asp ATTACHMENT 2 FIRST -SOURCE HIRING AGREEMENT This non -binding, First -Source Hiring Agreement is by and between the Workforce Development Centers of Riverside County (hereinafter referred to as "WDC") and the City of La Quinta (hereinafter referred to as "City"). Introduction: The Workforce Development Centers of Riverside County were established by the Workforce Development Board and the Economic Development Agency. The WDCs are responsible for a variety of employment and training services (see attachment A) and are available to assist cities with business attraction and retention. Purpose: As the City works directly with a new or existing business that is either relocating or expanding, the City may, at its sole discretion, utilize the WDC as a First -Source Agency by referring the business to the WDC for assistance with staffing needs, training and tax incentives. Mechanics of Employment Plan: If the City refers a business to the WDC and said business communicates directly with the WDC and accepts its assistance (hereinafter referred to as "participating business" or "participating businesses"), the participating business will be provided with a Workforce Development Center packet including key contacts. Further, with prior approval from any business that contacts the City with inquiries, the City may provide appropriate contact information to the WDC, enabling WDC staff to proactively offer and/or implement employment and training assistance to the business. It shall be the responsibility of the WDC to provide the City with not less than a monthly, written update regarding the status of WDC's involvement and assistance with participating businesses in the City of La Quinta. Scope of Agreement This Agreement calls for certain activities to be completed by the Workforce Development Centers of Riverside County, the City of La Quinta and the participating business. Participant Responsibilities: The WDC shall: Work with the appointed City Employment Coordinator in identifying new or expanding businesses; Meet with participating businesses to determine employment needs and describe available employment benefits; 144 5 BR 448-28A (New 10/07/03) • Coordinate services with other agencies such as Employment Development Department (EDD), Department of Social Services/GAIN and other community -based organizations; • Serve as lead agency in the coordination of services including: 1) identification and screening of potential applicants, 2) recruitment and screening facilities and 3) testing of applicants if required; • Coordinate training resources such as vocational schools, community colleges, customized training, On -the -Job Training, Employment Training Panel (ETP); and • Coordinate tax incentive programs. At its sole discretion, the City may: • Notify the appointed WDC representative at such time as is appropriate for the City to engage assistance but not later than the time the participating business submits an application for a City Business License; • Coordinate an introduction between the participating business and the WDC; and • Continue communication with the participating business for program evaluation and improvement. Participating businesses shall: • Have the right without discrimination to have any and all applicable employment services made available through the WDC; and • Have a single -source contact within the WDC to coordinate and facilitate all activities. Evaluation: At a period of not less than one year and not more than 18 months from the beginning of the executed Agreement, each of the parties (WDC and City) shall conduct a formal program evaluation meeting whereas the following statistics shall be compiled for the benefit of analysis: 1. Name and number of businesses participating during the reporting period; 2. Services provided to each participating business; 3. Number of job applicants recruited; 4. Number of applicants who received training or other job related preparatory services; 5. Number of applications referred to each participating business; 6. Number of applicants hired by each participating business; 7. Any additional statistical information required by the City; and 8. Comments and evaluation by both signatories and participating businesses. AS AGREED this day of , 2005 Name of City La Quinta 1 j Address P. O. Box 1504 6 BR 448-28A (New 10/07/03) City La Quinta State CA Zip Code 92247-1504 Phone (760) 777-7000 City Signatory/Title Workforce Development Centers of Riverside County 1151 Spruce Street, Riverside, CA 92507 Phone 951.955.3133 Jerry Craig Workforce Development Administrator Fax (760) 777-7101 Date Fax 951.955.3131 Date 146 7 BR 448-28A (New 10/07/03) ATTACHMENT A Your One -Stop Center for Business Services • Recruitment Assistance • Pre -Screening & Testing Placement Services • rivcojobs.com — Job Match System Training Reimbursement Programs Interviewing & Conference Space • Tax Incentive Programs Job Fair Coordination Outplacement Business Consulting, Seminars & Resources • Videoconferencing 14" BR 448-28A (New 10/07/03) O��o .c�,y 9ti5 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Ofelia Garcia — Date of Loss: February 17, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: �l Deny the Claim for Damages filed by Ofelia Garcia, with a reported date of loss of February 17, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $953. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Ofelia Garcia with a reported date of loss of February 17, 2005 (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. 148 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Ofelia Garcia with a reported date of loss of February 17, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, o n Ruiz, er o el/Risk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Ofelia Garcia, Claim for Damages 2 149 FILE WITH: CITY CLERK'S OFFICE City of La Quinta P.O. Box 1504 La Quinta, CA 92253 CLAIM FOR DAMAGES TO_.. ,ERgbN OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 911.2.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bottom. s_ Attach seoarate sheets. if necessary. to aive full details. SIGN EACH SHEET. ATTACHMENT 1 l.V1rm "V._ ECEIVED 2005 At 2 0 CITIOF LA QUINTA CITY LERK'S OFFICE TO: [Name of City] Date f Birth of Claimant .Lf —)- — a Nam of Claimant Ab Occupation of CIqmant a f(a u avioto 64 o Home Address of Claimant City and State Home Telephone of Claimant o 7-:� 7 7 Business Address of Claimant City and State Business Telephone of Claimant Give address and telephone number to which yot ,'r)Wpunications lo be sent Claimant's Social Security No.: regarding claim: .TQ&-ra j When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date: r7 — O : Time: Q': io If Claim is for Equitable Indemnity, give date claimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse siae or nits sneeL nrrrere apprlupnau;, y1yU bU=%11a11ti4 and �s�an fro meastspj/dsC.�a�%'' C.�/h �'.�.(� l'�C•2��/G>�%!T( r Describe in detail how i RY Occurredd.. i �./—�J � Why do you claim the city is responsble? 13�c'a-r Describe in detail each INJURY or DAMAGE i 1�0 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ O Future loss of earnings ....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages fcir ..................... $ Prospective general damages $ Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: _1$r Was damage and/or injury investigated by police? If so, what city? _ Were paramedics or ambulance called? If so, name city or ambulance 9 injured, state date, time, name and address of doctor of your initial visit WITNESSPS to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name AOSH 6 ols 2 4r A 2 Address 5' ZC 9/ .5 Z C off AV- U r G G i3 Phone 7 7/ - X V 9? Name Address Phone Name Address Phone DOCTOR ANDO RTALS: 81-M Dr. C+itow EL Sft 3 Hospital Address kI�IQi. CA9=1 Phone =v0 7S` 80 Doctor Address _ Phone '7 / rc Doctor Address Phone . READ CAREFULLY For all aoddentdaims place on blowing diagram name of streets, including North, accident by "AT and location of yourself or your vehicle at the time of the accident East,'South, And West indicate place of accident by X and by stowing house by B-1" and the point of impact by X." numbers or distances to street comers. If City Vehicle was involved, designate by letter A' location of City Vehicle when you first saw it, and by'B" location of yourself NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you fast saw City Vehicle; location of City vehicle at time of signed by claimant SIDEWALK CURB —� Signature of Claimant or person to Claimant on PARKWAY SIDEWALK CURB 151 CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 4 � LOU o o Qum& OF T19� COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Authorization for Overnight Travel for the City Clerk to attend the City Clerks New Law and Election Seminar in Monterey, California, December 7-9, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1aq— STUDY SESSION: PUBLIC HEARING: Approve authorization for Overnight Travel for the City Clerk to attend the City Clerks New Law and Election Seminar in Monterey, California, December 7, 2005 through December 9, 2005. FISCAL IMPLICATIONS: Funding is available in the budget from Travel, Training and Meetings Account No. 101-2001-41 1.51-01. The breakdown of estimated expenditures is as follows: Registration $ 415 Travel $ 378 Lodging $ 535 Meals $ 100 $ 1,428 CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The seminar is held annually by the League of California Cities after the recess of the State Legislature and the November elections to provide the most recent information regarding new legislation which affects the duties of the City Clerk. It also provides updates on all new legislation regarding the California Elections Code (Attachment 1). �J� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for Overnight Travel for the City Clerk to attend the City Clerks New Law and Election Seminar in Monterey, California, December 7, 2005 through December 9, 2005; or 2. Do not approve authorization for Overnight Travel for the City Clerk to attend the City Clerks New Law and Election Seminar in Monterey, California, December 7, 2005 through December 9, 2005; or 3. Provide staff with alternative direction. Respectfully submitted, reek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Program iq 153 ,l\ LEAGUE OF CALIFORNIA CITIES ATTACHMENT 1 20015 CITY CLERKS NEW. LAW Leadership ELECTION SEMINAR Through Wednesday, December 7 - Friday, December 9, 2005 g Monterey Marriott Hotel, Monterey, California Learning You Will Want To Attend If You Are A... ➢ City Clerk ➢ Deputy City Clerk ➢ Assistant City Clerk You Will Benefit From This Program By... ➢ Learning about the changing face of elections ➢ An update from the Fair Political Practices Commission ➢ Hearing an address by the Secretary of State ➢ New Law & Election Updates ➢ Hearing about experiences with the Federal Voting Ri4hts Act 'and the Department of Justice ➢ Getting updates on new ethics laws ➢ Fearlessly facing recalls, initiative and referendum ➢ Sharing the 10 habits of highly effective city clerks Watch the program grow at www.cacities.oralevents Three ways to register before Tuesday, November 15: -Register online at www.cacities.org/events -Fax the Registration Form -Mail the Registration Form 3154 Registration/Events The full registration fee includes program materials, two full breakfasts (tickets required), Wednesday and Thursday lunch, 2 receptions, and FREE registration for two LeaguE-Campus courses. To sign up, complete the card in your registration packet and turn in during the conference. Registrations received before November 15, 2005, will also receive 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. Check, money order, Visa or MasterCard are accepted. If paying by credit card please fax your registration form to (916) 658-8220 or register online at www.cacities.ore/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 Guest/spouses of registered attendees may purchase individual meal or special event tickets or a meal/event package for $90.00 at the registration desk. Guest/spouses may not be city or other public officials or vendors to cities to receive the reduced rate. For information on local events within the city, please contact the hotel concierge desk or visit www.gomonterey.org. Airlines We invite you to visit www.cacities.org/travel for the new Enhanced Local Government Airfare Program. Directions From Northern California: Take Highway 101 South to Highway 156 West to Highway 1 South Exit at Pacific Grove/Del Monte Avenue. Continue down Del Monte Avenue for 1.5 miles, staying in the left lane. Stay to the left past the fork following downtown signs (not going through the tunnel). The hotel is 2 blocks up on the left side on Calle Principal. From Southern California: From Highway 101 take the Monterey Peninsula Exit, which will bring you to Highway 68. Travel on Highway 68 to Highway 1 South. Take the first Monterey exit. Turn right at the first stoplight (Camino Aguajito) and continue until it dead -ends. Turn left on Del Monte Avenue and stay to the left past the fork following downtown signs (not going through the tunnel). The hotel is 2 blocks up on the left side on Calle Principal. For a map to the location, please visit www.manquest.com Hotel Marriott Hotel 350 Calle Principal Monterey, CA 93940 (831)649-4234 $162.00 single/double (plus 10.00% hotel tax) Valet parking $15/day, nearby self -parking 5/day Reservation deadline: November 15 at 3:00 p.m. Wednesday, December 07, ZOOS PLEASE NOTE: Session times, titles, and topics are subject to change. Registration Open 8:00 a.m. - 4: 00 p.m. CityBooks Open 10: 30 a.m. - 5: 00 p.m. New Clerks and First-Timer's Orientation 9:00 - 9: 45 a.m. An informal meeting to answer those burning questions: Why is there a New Law and Election Seminar? How do I receive "certification" points for attending? Who should attend? Get general information about other seminars and training sessions, ask questions, and most importantly, get acquainted with other new clerks and first -timers. Speakers Colleen Nicol, City Clerk, Riverside Gail Vasquez -Connolly, City Clerk, Norwalk The Changing Face of Elections (With Summary of Secretary of State Meeting) 10: 00 - 10: 45 a.m. Discussion of the administration of elections from a local municipal perspective including diversity of approaches, meeting the challenges of changing voter and poll worker demographics, continuing evolution of election laws and voting systems, and partnering with other cities and your county. Moderator Larry Herrera, City Clerk, Long Beach Speaker Frank Martinez, City Clerk, Los Angeles The Federal Voting Rights Act and The Department of Justice (A Case Study) 11: 00 - 11: 45 a.m. What are the requirements for cities under the Federal Voting Rights Act? How does the Department of Justice address "violations" by cities under the Act? What you should do and not do when the Department of Justice contacts your city. These questions and more will be addressed during this session. Moderator Josie Triggs, City Clerk, City of Cerritos, Speakers John Cavanaugh, City Attorney, Paramount Linda Daube, Law Offices of Linda Daube, Sonoma, CA General Luncheon - Celebrations & Update On California City Clerk Certification Noon - 1: 45 p.m. Moderator and Speaker President, Dawn Abrahamson, City Clerk, Pleasanton Speakers Katherine Meissner, City Clerk, Stockton Shalice Reynoso, City Clerk, Buena Park Joann Tilton, City Clerk, Manteca 5 106 Wednesday, December 07, 2005 Public Records Act....Post-Prop. 59 2: 00 - 3:15 p.m. Responding to requests for records after Prop. 59: A review of the Act, and recommendations for responses. Moderator Alice Calvert, City Clerk, Livermore Speaker Jason Alcala, Assistant City Attorney, Livermore Development Of Action Plan For Goals With Secretary Of State 2: 00 - 5: 00 p. m. This session is a continuation of work that was started at the June meeting with the Secretary of State. Space is VERY limited. Seasoned clerks with extensive experience and a willingness to actively participate are encouraged to attend. The task of this workshop is to develop action plans and implementation strategies. Facilitator Gloria Young, Clerk of the Board of Supervisors, City & County of San Francisco New Ethics Laws: The Floor, Not The Ceiling 3: 30 - 5: 00 p. m. With state laws and local codes in place to regulate candidates and officeholders, why do we still see scandals in the headlines? This session will help identify common ethical dilemmas facing local officials and offer a framework for ethical decision -making. Practical tools will be provided as well as the opportunity to learn from discussing fascinating case studies. Moderator Rhonda Pellin, City Clerk, Gilroy Speaker Judy Nadler, Sr. Fellow in Government Ethics, Markkula Center for Applied Ethics, Santa Clara University, Santa Clara Welcoming Reception 5: 00 - 6. 00 p.m. 6 157 'Thursday, December 08, 2005 Breakfast and Networking 7: 30 - 9: 00 a.m. Registration Open 8: 00 a.m. - 4: 00 p. m. CityBooks Open 8: 30 a.m. - Noon. and 1: 00 - 5: 00 p. m. New Law Update 9: 00 -11: 45 a.m. This session will provide an overview of new laws in various areas that affect the duties of city clerks. The session will also cover specific legislation that was introduced, bills that may need further amending (2 year bills) and possible legislation for next year. We will also look at the Omnibus bill package and solicit feedback to what can be placed within that package. The session will also cover mandates and its impact on the elections code section. Moderator Past President, Joann Tilton, City Clerk, Manteca Speakers Amy Brown, Partner, Dunlap, Van Vleck & Brown, Sacramento P. Anthony Thomas, Legislative Representative, League of California Cities, Sacramento General Luncheon - Secretary Of State 12: 00 - 1: 45 p.m. Moderator President, Dawn Abrahamson, City Clerk, Pleasanton Speaker Bruce McPherson, Secretary of State, State of California, Sacramento Fair Political Practices Commission Update 2: 00 - 3:15 p.m. Dixie Howard, with the FPPC, will share what is ahead for 2006, answer questions, and provide useful information to assist you with your filing officer duties. Moderator Randi Johl, City Clerk, Fountain Valley Speaker Dixie Howard, FPPC, Sacramento Do Recall, Initiative Or Referendum Stress You Out? 3:30 - 5: 00 p.m. If you feel like you want to run and hide when someone comes in and asks about procedures on how to do a Recall, Initiative or Referendum, this session will give you the tools to face those fears head on, with code references, samples, and step-by-step instructions, including the basics: inhale and exhale! Moderator Pamela Greeninger, City Clerk, Capitola Speaker Gail Pellerin, County Clerk, Santa Cruz Networking Reception 5: 00 - 6: 00 p.m. 7 Friday, December 09, 2005 Breakfast and Networking 7:30 - 9: 00 a.m. C tyBooks Open 8:00 - 10: 00 a.m. 10 Habits of Highly Effective City Clerks 9: 00 - 12: 00 P.m. Join this popular trainer and educator, in this high-energy session, which will change the way you view yourself and others. Dr. Smith will lead the group in discovering attitudes, behaviors, and relationships to create "Ten Habits of Highly Effective City Clerks." These empowering habits will become your guide to solving problems and seizing opportunity with competence and confidence. Moderator Shalice Reynoso, City Clerk, Buena Park Speaker Glenda Smith, Spring, TX Adjourn TW�t 4 4v Q" COUNCIIJRDA MEETING DATE: October 18, 2005 ITEMTITLE: Approval of Additional Funding to Complete Installation of the Bear Creek Trail Plaques, Capital Improvement Project No.1750 RECOM M ENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J3 STUDY SESSION: PUBLIC HEARING: Approve additional funding from the Quimby Account in an amount not to exceed $4,000 to complete the Bear Creek Trail plaques. FISCAL IM PUCATIONS: Adequate funds exist in the Quimby Account to approve the additional funding for the project. Quimby funds maybe used for this project provided the Council determines that the expenditure is for an enhancement of the Bear Creek Trail facility. BACKGROUND AND OVERVIEW: On March 3, 2005, the City Council approved funding in the amount of $4,000 to install two monument signs along the Fred Wolff Bear Creek Nature Preserve. One of the monuments has already been installed at a cost of approximately $2,900. In order to complete the second monument additional funding is needed. Any unused funds will be returned to the Quimby Account. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve additional funding from the Quimby Account in an amount not to exceed $4,000 to complete the Bear Creek Trail plaques; or 1 G 0 2. Do not approve the additional funding; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Director of Building and Safety Approved for submission by: Thomas P. Genovese, City Manager 2 1F1 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33076-2, Madison Club, East of Madison, 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 for Tract Map No. 33076-2, Madison Club, East of Madison, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33076-2 is located south of Avenue 52 and east of Madison Street (Attachment 1). This residential development will consist of 122 residential lots on approximately 137.8 acres (Attachment 2). On February 1, 2005, the City Council approved Tentative Tract Map No. 33076. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. - - 162 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 (November 17, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33076-2, Madison Club, East of Madison, 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. 33076-2, Madison Club, East of Madison, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, imothyc . J n sson, P.E. Public Works irector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 1 E.) RESOLUTION NO. 2005-(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. 33076-2, MADISON CLUB, EAST OF MADISON, 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: 164 3 Resolution No. 2005- Tract Map No. 33076-2, Madison Club Adopted: October 18, 2005 Page 2 Section 1. The final map for Tract Map 33076-2 is conditionally approved provided the subdivider submits all required items on or before November 17, 2005. 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 November 17, 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 165 4 Resolution No. 2005- Tract Map No. 33076-2, Madison Club Adopted: October 18, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of October 2005, 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 5 ATTACHMENT 1 VICINITY MAP 111 w w w z O p z z � Z O Y � � U Q AVENUE 50 z Ow cn w o� u) AVENUE 52 z A E.53 N.T.S. AVENUE 54 TRACT No. 33076 MADISON CLUB PHASE 2 li N. 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TOMTISHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, JOSEPH PADILLA P.LS. 7557 DATE OF SURVEY, NOVEMBER. 2004 h pww AVENUE 52 —T p e1KWQ�ypM4M) 1M710'a ^ M Mak' [ Mf _________ - _ ____n_0.V____ __ aMYYre ones — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ------------ — ---iM— T10' ." T P.U.E EIV WD T 7r ZL—jAMWWE .tea os`a ja o/ 1t'�'+rs>• a LOT ,A1 (PRWAIE S 1.94 acres ,N r, \� LOT T' 7.46 ACRES �\�•,, \ •\ (GROSS) .e LOT 13 �\ 351,384 sq.ft. \ \ \\ \ LOT 14 p� \ 34,565 sq.ft. 0.79 acres \' \ \ \\A LC) 4r>„ LOT 15 Ld �Aq 28,002 sq.ft. uo:-�a,�:•.` 0.64 acres ,\ \ \ LOT 16 � 27,165 sq.1t. 0.62 acres >r w , s 330"'. IMI. W.-,a GRAPHIC SCALE 0 IN }QT) �'Tk s' LOT 84 LOT 'A' MEWWETHER WAY (PRIVATE STREET) \ H \\ `�EARMEXT LOT 1 0.54 acres LOT 17 46.203 sq.ft. 1.06 acres NOTES'. �M SEE SHEET 2 FOR EASEMENT NOTES. SEE SHEET 21 FOR ONE AND CURVE TABLES. 0 LOT M �T s PER TR. 33078—J 8 e"" LOT 18 58,006 sq.ft. NOT A PART 1.33 acres �77 LOT 19 56,542 sq.fL I OT AA SEE SHEET 7 1.30 acres 0 I i� for 'C !I 2.10 acres rh (GROSS) I r r I� I� I� II II I 1C rex IL G4JIFNT T� LOT A (Mm WrTHER fI1 WAY) I' SHEET 6 OF 20 SHEETS 173 A sod \ 6 133HS 33S vi h $ $ Z CL _ ' e i, I 4moo IV z OJo.25 g 1 itij I Pl07 �za aCL � <= S ALJ Z 9 e�CC S44WA � � h to All N \ \ a 8 \.. \;i ♦� a s t +D n r co i 1 i + N w\ m0 \+ i \ \ � Q i3 m to a�'p, m j f 1 74 W W � a s♦ y � tC xW L 8 133HS 33S jam.; %,' 13 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 33076-2 BEING A SUBDIVISION OF A PORTION OF SECTION10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, JOSEPH PAPILLA P.L.S. 7557 DATE OF SURVEY: NOVEMBER, 2004 4p, A 5" a LOT 21 42:496 sq.ft. 0.98 ayes LU W N LOT M LOT 22 N PER TR 33078-1 ". 46,401 sq.ft f BK _/_ LOT 23 1.07 can NOT A PART 39,5773 sq It %r / 0.91 E1gMEMT P.V.E. y{• tY WDE a LOT 24;^i� Ewr �' 1''e��°.;ears•. Ea 34,428 sq.fL 0.79 acres � '/• Fes_ ��a=��. / LOT B LOT 25 °,, " (A W4MON AVENUE) 37,251 sq.ft. _'•b 0.86 oaes S ti LOT D y e p N low N asx � PER TR 33076—1 BK AD11 NOT A PART LOT 26 I ' 38,226 sq.ft. 0.38 oaes /, \ � Pal ■ SIs)s-i, /A Qw` 10 a-v io Po' EA97AP47 10v.uwEE , `gr� LOT 29 NT >H 32,338 sq.ft. LOT 27 r 7 0.74 oaes 32,163 sq.ft. EASEMENT 0,74 oaes /ar � r� + LOT 28 29.652 sq.ft. _ a 0.68 oaes y e a GRAPHIC SCALE �j, M ■ p N1N MOTES: SEE SHEET 2 FOR EASEMENT NOTES. 1 lm4 - e0 tl SEE SHEET 23 FOR UNE AND CURVE TABLES. SHEET 8 OF 20 SHEETS IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 33076-2 BEING A SUBDIVISION OF A PORTION OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. JOSEPH PADILLA P.L.S. 7557 DATE OF SURVEY: NOVEMBER, 2004 q RYgSf 6. QVLIY LOT 'H' INIINELANDSCAINE R 5area EASEMENTxaxEwT = 4 ,a ODE (GROSS) ,a .1oE r.U.E _ P.U.E ERSFMQIT i 4 -� � � �� EASDENT LJ E12'WT +. / i fir% mac` W LANDSeAPE ET �. P.U.E. / LU IN ' EASEWENT D W LOT 34 21.073 eq.ft 0.46 acres n ; x Vi W W N SEE SHEET 10 11 N II � 11 � nl GRAPHIC SCALE n t ImR e0 1L II II II n nl UY ERIWETHER WAY) 1 n 11 11 �11 1 NOTES: SEE SHEET 2 FOR EASEMENT NOTES, SEE SHEET 21 FOR LINE AND CURVE TABLES. SHEET 9 OF 20 SHEETS �E■Nalt•�rira 176 -15 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 33076-2 BEING A SUBDIVISION OF A PORTION OF SECTION 10, TOWNSHIP 6 SOUTH. RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. JOSEPH PADILLA P.L.S. 7557 DATE OF SURVEY: NOVEMBER, 2004 'r m LOT 42 SEE SHEET 9 �11 LOT M LOT 43 PER TR 3307LI-I ; " 2a821 sq.k aK _� 0.55 acres 1 NOT A PART ' T s LOT 4-4/ ��"'• 21,196 sq.ft. / �. /J i 'o 1 I 9 a49 acres ' f y4 III /i II LOT 45 18,528 0.43 w d tk c° 4 II a"` b /� LOT 46 o X 20.112 sq.k. E °Asir j 19 11 TIN oI 0.46 " llyx 11 LOT G ill (I LOT 47 e�ls,,// //// (SHACKLETON 18,052 eq.k. r / �'' /i STREET) LOT A a (/ i a 0.41 acres u�& .r / /H WAY) /l / x mrar r LOT 48 / 80 6 17,383 sq ftI ms r If /q 0.40 acres LOT V DE SOTO AVENUE —� (PRIVATE STREET) 0.40 acres I N LOT 49 Is 33,074 sq.k. 0.76 acres LOT 50 26,312 sq.ft. 0.60 acres a en Ar ., azs.n> awwwn a GRAPHIC SCALE NOTES: SEE SHEET 2 FOR EASEMENT NOTES. ( ai race 1 SEE SHEET 21 FOR LINE AND CURVE TABLES. 1 leon - e0 rL &I w w w 3i Lu (N 7 W w Lt 177 16 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 33076-2 BEING A SUBDIVISION OF A PORTION OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. JOSEPH PADILLA P.L.S. 7557 DATE OF SURVEY: NOVEMBER, 2004 N.M. w� �Ia W =,� \y, N.M. \ s� N LOT.Il \ UI LOT 71 IDt x W IOT 76 +� N ` LOT S! LOT 34 i +: IOT J 'L '7bA-tT.U' '$. s i LOT JO LOT T LOT s 1Y 30 ��i / _ li P• i fq lM b tLm>� { LOT 4: LOT 4/ / / ��: ✓✓ I a m> LOT 45 / / i a r n ,�,��,+,,�` / •�' / r LOT M i 6 <I tl4Y4f D ILIlN14! LW47 all j IOT 4e LOT x IOT 53 W LJ LOT f@ N W I LOT M N Lot M LOT So GRAPHIC SC I A Rif) NOTES: L maC �p fl SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 21 FOR UNE AND CURVE TABLES. SHEET 11 OF 20 SHEETS 178 17 CI 177uc 77c sw F o � C C N M N w W \ 1 1 ff 1 y� i 1 I II � I I I i I I I I I I I I I I I I I I i I Cl) all IL m 4 V J � M I' II xlr � z o II II I �I I I I I I i I I I I I I I I ! Ott r- � • � Vl hh \ W '• \ \ \a �y du Is \\ . a0.q.,.6Y"P`" 0L 133HS 33S Jim 179 W] a F�- W LOT 57 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 33076- 2 BEING A SUBDIVISION OF A PORTION OF SECTION 10. TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. JOSEPH PADILLA P.L.S. 7557 DATE OF SURVEY! NOVEMBER. 2004 —�� AVENUE 53 LOT , PER TFL 3 SA _/ NOT A F GWkUC SCALE IMRx) I .!0 LL NOTES SEE SHEET 14 SEE SHEET 2 FOR EASEMENT NOTES. SEE SHEET 21 FOR LINE AND CURVE TABLES. SHEET 13 OF 20 SHEETS ' 180 19 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA TRACT NO. 33076-2 BEING A SUBDIVISION OF A PORTION OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. JOSEPH PADILLA P.L.S. 7557 DATE OF SURVEY: NOVEMBER, 2004 SEE SHEET 13 r LOT 65 y P pye: rr w I I LOT 66 aE--------- I 36,308 sq.ft. II 0.88 acres '� it III LOT'W 1 II 8.74 acres 1 (ASS) E yiAs .cs�_.'•' �1 ( LOT 67 32,800 salt. �,,�E. 0.75 ogee ,W'-"•Fi5` N.A.P. 77 N �•W` �F� �v' \ S � LOT 68 \\ \ 35,253 sq.iL \. 0.81 acres \ b E E e1 IEA�03CWE \ 1\ fAeENFNE \ �\ LOT 69 ti 38,927 sq.. t 1 w 0.89 cann ,o• M10f t P.Ud. K__________i` 1i ___________ _______________ _____ ____ ___ __________,_ GRAPHIC SCALE T1eEf + 1 = " 1 L ITS (p7w) Ile S E Imb - Ca tl o LOT 70 p A904 sq.ft. I IiN R 0.89 can LOT P LOT 71 +p PER Tit 33078-1 J n. T BK _/ OA4 # .84 can NOT A PART N '✓ !f--_____-- _ _ — _ _ E r — — — _ _ _ _ _ _ _ t /_• IeY'aw _� u0' --'----- NOTES SEE SHEET 2 FOR EASEMENT NOTES. SEE SHEET 21 FOR LINE A140 CURVE TABLES. LOT 72 34.919 sq.ft. 0.00 acres SEE SHEET 15 I I I I I I I I I i I , I , I, II I L � �I I LOT 674 aces (GRGSSI I I I I I I I I , SHEET 14 OF 20 SHEETS _ I ---------------------------- -------------------------- - I I I m d b>� \ � I I 8 H v c N W Ln W aW rr � A 0 �z � 0' Cl) r� -1m g;X z �o� O J = U. �$ Z s Q a % ' v - cs sU� o0 �N a a:oil Q1 i w � Z� i mrc r w m a r O , / vi LJ Louj % •>� All, o� / a I I I iD5 I I I � p •^ MM 1 = I I I I d �I I' ---------- I •M la I I tt 118 I la I I I II N 1S 21 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA a TRACT NO. 33076-2 4 " LOT 80 BEING A SUBDIVISION OF A PORTION OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL 22,524 sq.ft. PLAT THEREOF. 0.52 acres es PADILLA P.L.S. 7557 DATE OF SURVEY: NOVEMBER. 2004 LOT 81"' / 17,976 sq.ft. 0.41 acres LOT 82 ` 1�1 ON" LOT P 23,341 sq.ft. r-- - - ---- PER 7R 33078-1 0.54ocru 1 - - - - —_„ - '_ � �\ �_ NOT A PART LOT 83 B h II NS=F� 23,1156 ssq R. 0.53 acres / r " �slialr / LOT 84 21.323 sq.ft. 0.49 acresLOT V xLlwsw _r_ i PIKE PLACE (PRIVATE STREET) " a.U.E E / �/ 0.51 aaw 6 EASEMENT IV WK GRAPHIC SCALE LOT 85 ' / SE E. D 0/ EAsouNr 20,406 sq.R. tp / - . I/ LOT 79 a I! AM 0.47 acres 7!� / b 39,035 sq.ft. a t be! - es a e �w '' WAKE vNDSCAAK EASEMENT �- /� 12' waE LOT 86 ASEMENT M°'EA°E 20,448 sq.ft '4Ep��0;ia1 / P M ee7YSY a xtee7' 0.47 acres -*-we LOT 87 e�,,.�� NF ,, 1�: / LOT 78AM 25.415 4% `- -�Tr l: 0.82 aaesR. a LOT 'B' aeT /M+ti BAF IVVAT AVENUE AMES hy •� 1+e. ' LOT 116 W �~A. INS IS/a -t. �\ '�'�4-- C ' NL la/aI-aI 23,982 sq.ft. LOT 117 LOT 118 Y�OC• 0.55 acres 24,134 sq.ft. 25,094 sq.ft. 6 is wu s 0.55 acres 0.58 acres - EASEMENT ` LOT 119 27.295 crest. \ !` N 0.63 axes Tars 4 MYa'o aas» _ EASEMENT_ LOT 120 27,078 aq tt. NOTES 0.62 acres SEESHEFT 2 FOR EASEMENT NOTES. SEE SHEET 21 FOR LINE AND CURVE TABLES. i SEE SHEET 15 SHEET 18 OF 20 SHEETS 133 22 1s4 23 LL 133HS 33S r- fl-W4-01 '11v J,gl■!Il N N St lII ~ _ I 7 k I V �g Vi g,1 u� IJ == N J m my III, O ny P. �P. r ZZ \\� ff & a J F- < oa uI 1h �1�� Cdl W ZZ ~ IIa W< Z ba M µµ JC7N 3w A>1101 N 1 d /« I u O A 42i / 'tiyiX ■ q.� y N J O 16Sb ` k C o J ` n a 185 24 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33076-2 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between EAST OF MADISON, LLC. a Delaware 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. 33076-2 (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 �y reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby 1 secured. 26 TAProject Development Division\Development Prcjects\Agreements\SIA\SIAs in Progress\Madison Club TM 33076-2\ONSITE SIA.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 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 1 g submitted and for substitution of securities but shall not be required for submittal of warranty 27 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Madison Club TM 33076-2\ONSITE_SIA.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 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice; Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. 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 189 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 28 performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgressWadison Club TM 33076-2\ONSITE_SIA.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 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 inform 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 1,99 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 29 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Madison Gub TM 33076-2\ONSITE_SIA.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 attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions, A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. 191 B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the 1 heirs, executors, administrators, assigns, and successors of the parties hereto. 30 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Madison Club TM 33076-2\ONSITE_SIA.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 DEVELOPER ADDRESS East of Madison, LLC. 375 North Front St, Ste 200 Columbus, OH 43215 EAST OF MADISON, LLC By: 120 Acre Partners, LLC By: Nationw Realt Investors, By: ��I ak I I, Title: By: Title: Date Ltd., its managing member 61!�Alr /l ZooS Date Brian j. niiis, -rresiaenu ana Wnle� Operating Officerof Nationwide Realty Investors, Ltd. Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date 192, 31 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Madison Club TM 33076-2\ONSITE_SIA.doc 6 of 7 STATE OF OHIO SS: COUNTY OF FRANKLIN ACKNOWLEDGMENTS The foregoing Subdivision Improvement Agreement was acknowledged before me this )141 day of October, 2005, by Brian J. Ellis, President and Chief Operating Officer of Nationwide Realty Investors, Ltd., as managing member of 120 Acre Partners, LLC, as managing member of East of Madison, LLC, a Delaware limited liability company, on behalf of the company. p +� KAREN K TACKETT Notary Public : NOTARY PUBLIC * * STATE OF OHIO M Recorded in �► 1 Pickaway County O 1 OMy Comm. Exp. /o • . 0 9 193 32 Exhibit A ON -SITE SECURITY — TRACT MAP NO. 33076-2 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 $ 478,545 $ 478,545 Storm Drainage $ 1,519,355 $ 1,519,355 Street Improvements $ 898,523 $ 898,523 Domestic Water $ 1,541,250 $ 1,541,250 Sanitary Sewer $ 936,547 $ 936,547 Dry Utilities $ 977,145 $ 977,145 Monumentation $ 75,000 Totals $ 6,426,365 $ 6,351,365 Standard 10% Contingency $ 642,637 $ 635,137 Total Construction Cost $ 7,069,002 $ 6,986,502 Professional Fees, Design 10% $ 706,900 $ 698,700 Professional Fees, Const 10% $ 706,900 $ 698,700 Bond Amount $ 8,482,802 $ 8,383,902 194 33 TAProject Development Division0evelopment Projects\Agreements\SIA\SIAs in ProgressWadison Gub TM 33076-ZONSITE_SIA.doc 7 of 7 COUNCIIJRDA MEETING DATE: October 18, 2005 ITEM TITLE: Approval of an Amendment to the Professional Services Agreement (PSA) with MW Steele Group Inc., for Architectural Services for the Municipal Library, Project No. 2000-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Professional Services Agreement with MW Steele Group Inc. (Attachment 1) in the amount of $48,000 for additional architectural services associated with Phase II of the municipal library project. FISCAL IMPLICATIONS: On December 12, 2001, the City executed a Professional Services Agreement (PSA) with MW Steele Group Inc. for architectural services in the amount of $622,586. The proposed amendment would increase the contract by $48,000 for a total contact amount of $670,586. Sufficient funds are available in the project's Contract Services/Professional Account, # 401-1702-551 .32-10. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 12, 2001, the City entered into a contract with MW Steele Inc. to design the City's Municipal Library. Architectural support services for Phase I of the construction was included as part of the agreement. On April 5, 2005, the City Council approved a Change Order to the Project and appropriated funds that allowed for the completion of Phase II in conjunction with the Phase I. The proposed amendment provides for compensation for the additional architectural services that are required for completion of Phase II including construction management support and record drawings. 195 S:\CITYMGR\STAFF REPORTS ONLY\C-17 STEELE AMENDMENT.DOC FINDINGS AND ALTERNATIVES: 1. Approve an Amendment to the Professional Services Agreement with MW Steele Group Inc. in the amount of $48,000 for additional architectural services associated with Phase II of the municipal library project; or 2. Do not approve an Amendment to the Professional Services Agreement with MW Steele Group Inc. in the amount of $48,000 for additional services; or 3. Provide staff with alternative direction. Respectfully submitted, bm Tom Hartung, Director of Building and Safety Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1 . Amendment to the Professional Services Agreement with MW Steele Group Inc. 196 S:\CITYMGR\STAFF REPORTS ONLY\C-17 STEELE AMENDMENT.DOC 2 ATTACHMENT 1 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH MW STEELE INC. FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE MUNICIPAL LIBRARY, PROJECT NO. 2000-06 Per Section 9.3 of the aforementioned Agreement, both parties agree to the following: Exhibit B is amended to add $48,000 to the Optional Services amount for a total optional services amount of $155,879 Section 2.1 of the contract is amended to read as follows: 2.1 Contract Sum For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Six Hundred Seventy Thousand, Five Hundred Eighty -Six Dollars ($670,586) ... the rest of the Section to remain unchanged. City of La Quinta a California municipal Corporation Thomas P. Genovese, City Manager ATTEST: June S. Greek, City Clerk Date 197 S:\CITYMGR\STAFF REPORTS ONLY\C-17 STEELE AMENDMENT.DOC 3 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: MW Steele Group Inc. By: Name: Title: Date: 193 S:\CITYMGR\STAFF REPORTS ONLY\C-17 STEELE AMENDMENT.DOC 4 c&ht 4 *'A Q" COUNCIL/RDA MEETING DATE: October 18, 2005 Consideration of the Joint Powers Agreement Creating the Coachella Conservation Commission RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Joint Powers Agreement, appoint a Coachella Valley Conservation commissioner and an alternate, and authorize the Mayor to sign the Agreement. FISCAL IMPLICATIONS: No effect at this time. If the Coachella Valley Multi -Species Habitat Conservation Plan (CVMSHCP) is approved, the City would have to adopt a per acre mitigation fee that will apply to all future development within the City. Additionally, as noted in Section 11 .6 Additional Funding, there is a possibility that the JPA may seek funding from CVAG and/or any Member Agency. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Association of Governments (CVAG) and its Member Agencies have been working on the CVMSHCP (the Plan) for approximately ten years. The Draft Plan and Draft Environmental Impact Report (El R)/Environmental Initial Study (EIS) have been circulated for public review and comment. CVAG is preparing the Final Draft Plan and written response to comments as a result of the public review process. The following key dates for the Plan review and CVAG approval are as follows: 1. Final Plan and Final EIR/EIS released for public review October 28, 2005 2. CVAG Energy and Environmental Committee November 10, 2005 3. CVAG Technical Advisory Committee November 11, 2005 4. CVAG Executive Committee December 5, 2005 S:\CITYMGR\STAFF REPORTS ONLY\C 11 JPA.DOC Once the Plan is approved and the Final EIR/EIS is certified, the CVAG Member Agencies, Coachella Valley Water District (CVWD), and Imperial Irrigation District (IID) will be expected to review and approve the Plan and Implementing Agreement. Subsequently, the Fish and Wildlife Service (FWS) and California Department of Fish and Game (CDFG) will complete their review and issue a (Section 10.a.1 Endangered Species Act and State Natural Communities Conservation Plan) permit. Initially City staff sent a letter to CVAG requesting all documents, the Final Plan and Final EIR/EIS, and Implementing Agreement be released for review 45-days prior to any CVAG committee review. CVAG has chosen to proceed with its schedule as noted above. City staff will be unable to review the Plan, Final EIR/EIS, and any other documents, within 45 days prior to the Energy and Environment Committee and Technical Advisory Committee meetings. It is anticipated City staff will recommend the City oppose moving forward with a very complex and far reaching Plan with such a short review period. City staff has worked to revise the proposed JPA (Attachment 1) creating the Coachella Valley Conservation Commission (CVCC). The JPA would establish the CVCC which would be empowered to implement the CVMSHCP. Members of the CVCC will include Riverside County, CVAG cities (except Blythe), IID and CVWD. If the City Council elects to enter into the JPA at this time (prior to Plan approval) and appoints a commissioner and alternate, it may withdraw at any time prior to approval of the Plan and Implementing Agreement. Subsequently, it may withdraw by delivering a written notice and such withdrawal shall be effective 90 days thereafter. The JPA and the Plan require all CVCC members to approve the Plan prior to issuance of the permit. As written and as evaluated in the Final EIR/EIS, all CVAG members, with the exception of Palm Springs, must enter into the JPA and approve the Plan. CVAG chose, over the objection of Palm Springs, to create an alternative which would allow the Plan to be adopted without the participation of Palm Springs. In its report to the Executive Committee, CVAG staff noted the following benefits of entering into the JPA prior to Plan approval: 1 . Provides contractual indemnification for members. 2. Allows IID and CVWD to participate in the implementation phase of the Plan. 3. Allows.the JPA to take the necessary steps to acquire insurance. 4. FWS and CDFG require formation of the JPA prior to issuance of the permit. The City submitted to CVAG, via the City Attorney, several memorandums outlining concerns regarding the JPA (Attachment 2). Finally, the City Attorney submitted recommended wording changes on specific issues. After attempts at changes were made at the Energy and Environment Committee and Technical Advisory Committee meetings, CVAG's attorney revised the JPA document to incorporate most of the key elements recommended by La Quinta prior to the Executive Committee meeting. 200 S:\CITYMGR\STAFF REPORTS ONLY\C 11 JPA.DOC The Executive Committee, at its September 26, 2005 meeting, by a unanimous vote, approved the revised JPA with several additional changes requested by the City (Attachment 3). Staff recommends the City Council approve the JPA for the purposes of participating in the early CVCC work program. The City may withdraw from this JPA at any time by providing written notice. The first meeting of the CVCC will be scheduled when nine or more entities have joined. We do not know the intended frequency of meetings but would expect to meet on a regular CVAG committee cycle. In summary, if the City Council enters into the JPA, creating the CVCC, which includes CVAG member agencies, CVWD, and IID, then the FWS and CDFG will issue a take permit for the CVMSHCP based upon the facts and findings in the Final EIR/EIS. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Joint Powers Agreement, appoint a commissioner and an alternate, and authorize the Mayor to sign the Agreement; or 2. Do not approve the Joint Powers Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, A P-00-M�0- �Sral� Douglas R vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Joint Powers Agreement 2. City Attorney's memo and text 3. CVAG's Memo dated September 30, 2005 S:\CITYMGR\STAFF REPORTS ONLY\C 11 JPA.DOC ATTACHMENT #1 JOINT POWERS AGREEMENT CREATING THE COACHELLA VALLEY CONSERVATION COMMISSION This Joint Powers Agreement ("Agreement") is made and entered into, this ist day of December, 2005 for identification purposes only, pursuant to Government Code Sections 6500 et seq., by and amongst the signatories hereto. The signatories may include any of the following public agencies: (a) City of Cathedral City, (b) City of Coachella, (c) City of Desert Hot Springs, (d) City of Indian Wells, (e) City of Indio, (f) City of La Quinta, (g) City of Palm Desert, (h) City of Palm Springs, (i) City of Rancho Mirage, (j) County of Riverside, W Coachella Valley Water District, and (1) Imperial Irrigation District. The foregoing public agencies, upon execution of this Agreement, are referred to hereinbelow, individually and collectively, as "Party" or "Parties," "Member" or "Members" and "Member Agency" or "Member Agencies." The following public agencies shall be ex officio, non -voting "Participants" on CVCC's governing board: (m) Coachella Valley Association of Governments ( C VAG) ; (n) Riverside County Flood Control and Water Conservation District; 0-e) 09/26/05 Final 1 (� �f Coachella Valley Conservation Commission JPA (o) Riverside County Regional Parks and Open Space District; and (p) Riverside County Waste Management District. RECITALS Each of the Parties herein is a public agency. Each is authorized and empowered to contract with the other Parties for the joint exercise of powers pursuant to California Government Code Sections 6500, et seq. Each of the Parties has the authority and power to prepare and implement habitat conservation plans for the protection of rare, threatened and endangered species, and to acquire, own, maintain and operate habitat reserves for such species in connection with said habitat conservation plans. The formation of a single public agency would most efficiently serve the interests of the Parties and Participants by allowing for the joint exercise of the aforementioned powers. It is proposed that each of the Parties and Participants has or shall consider the approval of the Coachella Valley Multiple Species Habitat Conservation Plan (the MSHCP) after appropriate review and consideration, including compliance with all requirements of the California Environmental Quality Act. The Parties and Participants are intended as "Local Permittees" pursuant to the MSHCP. The MSHCP calls for the Members to form this joint powers authority, the Coachella Valley Conservation Commission (CVCC). 09/26/05 Final 2 Coachella Valley ^ Conservation Commission JPA Pursuant to the MSHCP, CVCC is the venue whereby, collectively, the Member Agencies shall oversee and administer the MSHCP. The Members desire to join together for the purposes set forth above. NOW, THEREFORE, it is agreed by and between the Parties hereto as follows: Article 1 Definitions Section 1.1 Definitions. Unless otherwise defined herein, or the context requires otherwise, the terms with the initial cap letters that are used in this Agreement shall have the same meaning as set forth in the MSHCP. As used in this Agreement, unless the context requires otherwise, the meaning of the terms set forth below shall be as follows: (a) "Accrue," in the context of the date that an obligation of CVCC accrued, shall not refer to the date of a demand or claim. Rather, where there is one act, omission or event giving rise to the obligation, the date of that one act, omission or event shall be the date the obligation accrued. However, where an obligation arises out of more than one act, omission or event, the accrual date shall refer to the entire period of time running from the first act, omission or event through the date of the last act, omission or event related to the same obligation. (b) "Commission" shall mean the governing legislative body of CVCC- (c) "Commissioner" shall mean the individual designated by a Member Agency to serve as the Member's 09/26/05 Final 3 Coachella Valley2 0t 4 Conservation Commission JPA representative on the Commission. Except where the context dictates otherwise, references to "Commissioner" shall include a reference to the alternate designated by the Represented Member Agency to serve in the absence of a Commissioner. (d) "CVAG" shall mean the Coachella Valley Association of Governments. (e) "Law" or "the Law" shall mean the Joint Exercise of Powers Act, being Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the California Government Code (Sections 6500, et seq.). (f) "Member" or "Member Agency" shall mean a public agency with voting rights in CVCC listed in subparagraph (a) through (1) in the opening paragraph of this Agreement that becomes a signatory to this Agreement or any new party as permitted pursuant to Section 13.1 (Admission of New Parties). (g) "MSHCP" shall mean (i) the Coachella Valley Multiple Species Habitat Conservation Plan, which is a comprehensive, multiple species habitat conservation planning program in the Coachella Valley area of Riverside County, California that complies with the requirements of Section 10(a)(1) of the Federal Endangered Species Act and the California Natural Community Conservation Planning Act of 2002; as well as (ii) any agreement implementing same. (h) "Participant" refers to a public agency that is a signatory to the MSHCP but not a party to this Agreement. A Participant may attend Commission and other meetings of CVCC to participate in discussions for implementing, overseeing and administering the MSHCP. Participants' obligations are limited to those outlined in their respective Permit requirements in the MSHCP. They are not 09/26/05 Final 4 Coachella valley 2 Conservation Commission JPA subject to assessment should the Commission determine additional resources are necessary to administer the MSHCP and consequently are non -voting Participants of CVCC- (i) "Represented Member Agency" refers to the Member Agency represented by a Commissioner, i.e., the Member Agency that appointed a particular Commissioner. (j) "Treasurer" for CVCC shall be the Treasurer of CVAG (provided CVAG's Treasurer is a Member or a certified public accountant) or any other certified public accountant or Member designated by the Commission. Article 2 Creation of CVCC Section 2.1 Creation. There is hereby created pursuant to the Law a public entity to be known as the "Coachella Valley Conservation Commission," which shall be an agency or entity that, is separate from the Parties to this Agreement. Section 2.2 No Precommitment To MSHCP. The parties are entering into this Agreement prior to the adoption of the MSHCP for the purpose of allowing the proposed Permittees to collectively prepare as necessary for the issuance and acceptance of the Permit to be issued if the MSHCP is ultimately adopted by the Member Agencies. However, nothing herein is intended as a precommitment by a Party to approve or adopt the MSHCP. 09/26/05 Final 5 Coachella Valley 2 L, w Conservation Commission JPA Article 3 Powers and Duties of CVAG Section 3.1 CVAG's Participation. CVAG shall be a non -voting ex officio Participant of CVCC and shall have the following powers and duties: (a) To provide, under contract with CVCC, all administrative services required by CVCC during the first five (5) years of the implementation of the MSHCP; and thereafter as the administrative services contract may be renewed from time to time by CVCC; (b) To empower its Executive Director to serve as Secretary of CVCC; (c) To exercise such other powers and duties as the Commission deems necessary to achieve the purposes of this Agreement. Section 3.2 Principal Office. The principal office of CVAG shall be the principal office of CVCC. The Commission is hereby granted full power and authority to change said principal office from said location to another within the Coachella Valley. Article 4 Term of Agreement Section 4.1 Term. This Agreement shall become effective and CVCC shall exist at such time as this Agreement has been executed by at least a majority of the public agencies identified in the first paragraph of this Agreement. This Agreement shall be automatically terminated and considered null and void in the event that, after the Member Agencies which determine not to adopt the MSHCP have withdrawn from CVCC, the MSHCP is not approved 09/26/05 Final 6 Coachella Valley 2 0 Conservation Commission JPA by the remaining Parties or the Permit contemplated thereby is not issued by the Wildlife Agencies. Upon issuance of the Permit, the term of this Agreement shall automatically expire at such time as CVCC shall have no further obligations pursuant to the MSHCP or the Permit. Article 5 Membership Section 5.1 Membership. Excluding ex-officio, non- voting Participants, each public agency which has executed or hereafter executes this Agreement, and any addenda, amendments or supplement thereto, and which has not, pursuant to the provisions hereof, withdrawn or been terminated, shall be a Member of CVCC. Article 6 Purposes and Powers Section 6.1 Purpose. The purpose of this Agreement is to create a public agency to collectively monitor the Members, compliance with their responsibilities under the MSHCP, and to do all acts related or incidental thereto, either by CVCC alone or in cooperation with the California Department of Fish and Game, U.S. Fish and Wildlife Service and other entities, and to otherwise adopt, implement, manage and administer the MSHCP. Prior to formal adoption of the MSHCP and/or execution of the Implementing Agreement, CVCC shall assist in the processing of the MSHCP for adoption, related negotiations, environmental review, editing, drafting, planning, promoting or other administration required or related thereto. 09/26/05 Final 7 Coachella Valley �0 O Conservation Commission JPA Q Within the jurisdictional boundaries of each Member Agency, however, the adoption and amendment of general plans, specific plans, community plans, zoning ordinances and similar land use ordinances, and the granting of land - use entitlements (collectively, "local land -use actions") are matters within the sole and absolute discretion of that Member Agency. Nothing herein shall be construed to require the approval of such local land -use actions by CVCC. Section 6.2 General Powers. CVCC shall have the power to exercise any power common to all the Members as authorized by the Law and is hereby authorized to do all acts necessary for the exercise of these common powers, including, if adopted, any powers or authority implied or expressed in the MSHCP and Implementing Agreement, including, but not limited to, any of the following: (a) To coordinate the finalization, adoption, implementation, management and administration of the MSHCP; (b) To make and enter into contracts, leases and other agreements; (c) To incur debt, liabilities or obligations; (d) To acquire, hold and dispose of property by purchase, lease, lease purchase or sale as necessary to the full exercise of its powers; (e) To lease, acquire, construct, manage, maintain and operate any buildings, works or improvements; (f) To sue and be sued in its own name; (g) To contract for the services of engineers, attorneys, planners, educators, scientists, technical specialists, financial consultants and, separate and apart therefrom, to employ such other agents, employees, 09/26/05 Final 8 Coachella Valley Conservation Commission JPA J consultants, advisors, independent contractors and other staff as it deems necessary; (h) To issue bonds, notes and other indebtednesses, and to enter into installment sale and installment purchase contracts, all as provided for in Section 11.9 (Issuance of Bonds, Notes and Other Indebtedness); (i) To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, the State of California or other public or private entities; (j) To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; (k) To adopt rules, regulations, policies, bylaws and procedures governing the operation of CVCC; (1) To perform all acts necessary or proper to carry out fully the purposes of this Agreement; (m) To invest any money in the treasury pursuant to California Government Code Section 6505.5 that is not required for the immediate necessities of CVCC, as CVCC determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to California Government Code Section 53601; (n) To the extent not hereinafter specially provided for, to exercise any powers in the manner and according to the methods provided under the laws applicable to the County of Riverside; and (o) Notwithstanding the powers described in this Section 6.2, nothing in this Agreement shall limit the local land -use actions or powers granted to a Member under state law or charter and nothing in this Agreement shall be 210 09/26/05 Final 9 Coachella Valley Conservation Commission JPA interpreted as a limitation on those local land -use actions or powers. Section 6.3 Implementation of the MSHCP. CVCC shall provide guidance to Members on the implementation of the MSHCP and will provide opportunities for public participation in the decision -making process. Those duties shall include but are not limited to the following: (a) Upon due consideration and approval, sign the Implementing Agreement and act as a Permittee under the Permit; (b) Consistent with the terms of the MSHCP, hire, appoint, designate and/or contract with an Executive Director, Land Manager and Monitoring Program Administrator. (c) Establish the Acquisition and Funding Coordinating Committee, the Reserve Management Oversight Committee, the Reserve Management Unit Committees and designate the Monitoring Program Administrator; (d) Establish a Trails Management Subcommittee to the Reserve Management Unit Committee for the Santa Rosa and San Jacinto Mountains Conservation Area; (e) Establish policies as appropriate under which the Acquisition and Funding Coordinating Committee will make recommendations to CVCC; (f) Identify and make decisions on Local Permittee MSHCP Reserve System acquisitions where such decision is to be made by CVCC pursuant to the MSHCP; (g) Ensure adequate management of locally managed Reserve Lands; (h) Assist in the development of Reserve Management Unit Plans; 09/26/05 Final 10 Coachella Valley 211 Conservation Commission JPA (i) Contract with outside entities for specific services, such as land management and law enforcement, as needed; (j) Manage and coordinate the MSHCP local funding plan as set forth in the MSHCP; (k) Develop and implement financing strategies to maximize funding sources; (1) Develop an investment policy and review said policy on an annual basis; (m) Adopt an annual budget, including but not limited to expenses associated with land acquisition, and the Monitoring Program, Management Program and Adaptive Management Program, consistent with the annual work plans for same; (n) Annually review development mitigation fee remittance for compliance and accuracy; (o) Prepare annual reports assessing the status of the Permittees' compliance with the MSHCP and hold public workshops to present the findings; (p) Conduct an annual Rough Step analysis to ensure the Reserve System is being assembled, over time, in a configuration consistent with the MSHCP; (q) Act as custodian of records for information concerning MSHCP implementation; (r) Maintain a record of the amount of Take and habitat loss for each Local Permittee; (s) Maintain a record of the amount of Take Authorization to Participating Special Entities as set forth in the Implementing Agreement; (t) Grant Take Authorization to Participating Special Entities and others as set forth in the Implementing Agreement; 09/26/05 Final 11 Coachella Valley Conservation Commission JPA 212 (u) Acquire land and administer grant programs to non-profit organizations and Permittees to conserve lands that contribute to MSHCP Reserve Assembly; (v) Coordinate conservation easement agreements with landowners, seek grants and other funding sources to assist with acquisition, and coordinate with other state and federal acquisition programs in the Plan Area to ensure efficiency and consistency among acquisition programs; and (w) Hold regularly scheduled public meetings. Article 7 Commission Section 7.1 Governing Body. CVCC shall be governed by a Commission consisting of a Commissioner representing each Member Agency; except that each Supervisor's District of the County of Riverside shall be represented by a Commissioner. An alternate for each Commissioner may be appointed by the Represented Member Agency, which alternate shall meet the same qualifications as a Commissioner, except that an alternate for a County Supervisor may be any official elected to serve in any elected, county -wide position. In the absence of the Commissioner, the alternate shall have the same authority and power as the Commissioner. Each Participant may also appoint a Commissioner and alternate. Excluding ex officio Participants, each Commissioner shall have the voting rights provided for in Section 7.13 (Voting). Ex officio Participants shall be non -voting members of the Commission. The Commission shall exercise all powers and conduct all business of CVCC, either directly or by delegation to other 213 09/26/05 Final 12 Coachella Valley Conservation Commission JPA bodies or persons pursuant to this Agreement, the MSHCP and applicable law. Section 7.2 Qualifications. Excluding ex otticio Participants, each Commissioner shall be a current member of the governing body of the appointing Member Agency. Termination of office with the Represented Member Agency shall automatically terminate membership on the Commission. Except as to County Supervisors serving as Commissioners, each Commissioner (and alternate, including any alternate designated by the County) shall serve at the pleasure of the governing body of the appointing Member (or appointing Participant) and may be removed at any time, with or without cause, in the sole discretion of said Member's (or Participant's) governing body. Section 7.3 Regular Commission Meetings. The Commission shall hold at least one regular annual meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Commission shall be held at such locations in the Coachella Valley and at such times as may be designated from time to time by the Commission. Section 7.4 Special Meetings of the Commission. Subject to all noticing requirements of The Brown Act, special meetings of the Commission may be called by the Chair, to be held at such times and places within the Coachella Valley as may be ordered by the Chair. A majority of the Commissioners may also call a special meeting for any purpose. Section 7.5 Quorum. Except as otherwise provided in this Agreement, CVCC shall act only upon a majority of a quorum of the Commission. A quorum of any meeting of Commissioners shall consist of a majority of the Commissioners then designated by and serving on behalf of 214 09/26/05 Final 13 Coachella Valley Conservation Commission JPA the Members. Ex officio, non -voting Participants shall not be included when calculating the number of Commissioners necessary to constitute a quorum or the number of votes necessary to approve an action. In the event that a Member Agency has failed to designate a Commissioner, or a Member Agency's designated Commissioner has died, resigned, left office, been terminated or is otherwise unwilling or unable to act as the designating Member Agency's representative, and a replacement Commissioner has not yet been designated, and there is no designated alternate, such that a Member Agency has no duly acting representative on the Commission, that Member Agency's vacant Commission seat shall not be included when calculating the number of Commissioners necessary to constitute a quorum or the number of votes necessary to approve an action. Except as otherwise provided in this Agreement, every act or decision made by a majority of the Commissioners present at a meeting duly held at which a quorum is present is the act of the Commission. In the absence of a quorum, any meeting of the Commissioners may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this Section. The Commissioners present at a duly called or held meeting at which a quorum is present may continue to transact business until adjournment notwithstanding the withdrawal of enough Commissioners to leave less than a quorum, if any action taken, other than adjournment, is approved by at least that number of Commissioners required to constitute a majority of a quorum. Section 7.6 Chair and Vice -Chair. The Commission shall annually elect from its membership a Chair and Vice - Chair to serve for a one-year term. 21a 09/26/05 Final 14 Coachella valley Conservation Commission JPA Section 7.7 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice -Chair, shall preside at all meetings of the Commissioners. Section 7.8 Resignation of a Commissioner. Any Commissioner may resign effective on giving written notice to the Commission and the other Member Agencies, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the Represented Member Agency as provided for in this Agreement. Section 7.9 Vacancies on the Commission. A vacancy on the Commission shall exist (a) on the death or resignation of any Commissioner, (b) at the end of any Commissioner's term on the governing body of the Represented Member Agency, (c) whenever the number of Commissioners is increased, (d) upon termination by the Represented Member Agency, or (d) on the failure of the Member Agencies to appoint the full number of Commissioners authorized. A vacancy shall be filled only by the Represented Member Agency for whom a Commissioner is not then serving. Absent notice to the contrary from the Represented Member Agency, the alternate for the Represented Member Agency may continue to act in the place of the vacating Commissioner. Section 7.10 Other Officers. The Executive Director of CVAG shall be the secretary of CVCC. Any officer, employee or agent of any Member of CVCC may also be an officer, employee, or agent of any of the Member Agencies. CVCC shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Each and all of said officers, employees and assistants shall serve at the pleasure of CVCC and shall perform such duties and shall have such powers as 216 09/26/05 Final 15 Coachella valley Conservation Commission JPA CVCC may, from time to time, determine. Any officer may resign at any time by giving written notice to the Secretary. Any such resignation shall be effective upon receipt of such notice or at any later time specified in the notice. Officers shall assume the duties of their offices immediately after their appointment and shall hold office until their successors are appointed, except in the case of their removal or resignation. Vacancies shall be filled by appointment of the Commissioners and such appointee shall hold office until the appointment of his or her successor. Section 7.11 Minutes. The secretary of CVCC shall cause to be kept minutes of regular, adjourned regular and special meetings of the Commission. The Secretary shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the Parties hereto. Section 7.12 Rules. A majority of Commissioners may adopt rules governing meetings if not inconsistent or in conflict with this Agreement. In the absence of rules adopted by the Commissioners, Roberts' Rules of Order, as they may be amended from time to time, shall govern the meetings of the Commission in so far as they are not inconsistent or in conflict with this Agreement or any CVCC bylaws. Section 7.13 Voting. Except as otherwise provided by this Agreement, each Commissioner shall have one vote. Section 7.14 Compensation. Commissioners shall serve without compensation from CVCC. For purposes of this Section, "compensation" does not include reimbursement of actual expenses or per diem. 09/26/05 Final 16 Coachella Valley 217 Conservation Commission JPA Article 8 Committees Section 8.1 Committees. From time to time, and in addition to the committees to be established pursuant to the MSHCP, the Commission may create by majority vote various other committees to carry on the business of CVCC. Article 9 Conduct of Meetings Section 9.1 Compliance with Brown Act. All meetings of the Commission and other CVCC committees, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with applicable provisions of the Ralph M. Brown Act, California Government Code Sections 54950, et seq. Article 10 Employees Section 10.1 CVCC Staff. CVCC may contract with CVAG for staff services, retain its own staff, or contract with another entity for services. Unless other employment is approved by the Commission, the CVCC Executive Director may utilize CVAG staff as may be necessary to accomplish the purposes of CVCC. CVAG staff time, as well as office expenses, direct and indirect overhead, shall be charged to CVCC utilizing direct billing and other accounting practices that provide for a clear separation of funds. Section 10.2 Status. Where CVAG's or other Member Agency's staff are utilized to accomplish the purposes of CVCC, all of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, 09/26/05 Final 17 Coachella Valley Conservation Commission JPA relief, disability, worker's compensation and other benefits which apply to the activity of officers, agents or employees of any of the Members when performing their respective functions shall apply to them to the same degree and extent when engaged in the performance of any of the functions and other duties under this Agreement. However, no staff employed directly by CVCC, if any, shall be deemed, by reason of their employment by CVCC, to be employed by any of the Members or, by reason of their employment by CVCC, to be subject to any of the employment requirements of the Member Agencies. Section 10.3 Legal Counsel. CVCC may appoint General Counsel who shall provide legal advice and perform such other duties as may be prescribed by the Commission. Counsel to one or more of the Members shall be eligible to serve as General Counsel to CVCC and such appointment shall not, by itself, be deemed to be inconsistent, incompatible, in conflict with or inimical to his or her duties as counsel to the Member Agency or Agencies, consistent with all applicable conflict -of -interest statutes and regulations. Article 11 Financial Provisions Section 11.1 Fiscal Year. The fiscal year of CVCC shall be from July 1 of each year to the succeeding June 9190 Section 11.2 Depositary. The Treasurer shall be the depositary and have custody of all money of CVCC from whatever source and shall perform the duties specified in Government Code Section 6505.5. All funds of CVCC shall be 09/26/05 Final 18 Coachella Valley n Conservation Commission JPA 7� strictly and separately accounted for, and regular reports shall be rendered to the Commission and the Members of all receipts and disbursements at least quarterly during the fiscal year. The books and records of CVCC shall be open to inspection by a Member or Commissioner at all reasonable times upon reasonable notice. The Treasurer shall contract with an independent certified public accountant to make an annual audit of the accounts and records of CVCC, which shall be conducted, at a minimum, in accordance with the requirements of the State Controller under Section 26909 of the California Government Code, and shall conform to generally accepted auditing standards. Section 11.3 Property Bonds. The Commission shall from time to time designate the officers and persons, in addition to the Treasurer, who shall have charge of, handle, or have access to any property of CVCC. Each such officer and person, including the Treasurer, shall file a bond in an amount designated by the Commission. When fixing the amount of such bonds, the Commission shall be deemed to be acting for and on behalf of the Represented Member Agencies in compliance with Government Code Section 6505.1 Section 11.4 Budget. As soon as practicable after the effective date of this Agreement, and thereafter at least thirty (30) days prior to the commencement of each fiscal year, the Executive Director shall present a proposed budget to the Commission for the forthcoming fiscal year. Prior to the commencement of the fiscal year, the Commission shall adopt a budget for the new fiscal year. No expenditures in excess of those provided for in the current, duly adopted budget shall be made without the approval of the Commission. 09/26/05 Final 19 Coachella valley 2 20 0 Conservation Commission JPA Section 11.5 Working Capital Account. A Working Capital account, which is to be used for the purpose of funding general overhead and administrative expenses for the ongoing operations of CVCC, shall be established by the Commission in an amount approved in connection with the annual budget process. Section 11.6 Additional Funding. In the event that the Commission proposes to seek funding for a budget in excess of the funds available from the funding mechanisms set out in the Plan, an advance or grant may be requested from CVAG and/or any Member Agency. Should such request be declined, the Commission, by three -fourths (3/4)vote of the Member Agencies, meaning an affirmative vote by three - fourths (3/4) of the total number of Member Agencies, may levy an assessment on Member Agencies. Said vote shall include a determination as to the amount deemed necessary and the manner of apportionment. Thus, notwithstanding the fact that the County shall be represented by five Commissioners, the County shall have only one vote on issues of assessments or apportionment thereof. The determination as to the apportionment of an assessment shall be fair and reasonable given the purpose for which the assessment is required and the degree to which each Member is affected and/or benefited by the contemplated expenditure. A Member Agency unable to immediately fund an assessment shall be permitted to pay an assessment in installments. Subject only to the arbitration rights set out at Section 11.7, the determination of the assessment to be paid by each Member and the due date shall be final, binding and enforceable as a term of this Agreement. 4 09/26/05 Final 20 Coachella Valley Conservation Commission JPA Nothing in this Agreement shall be construed by the Parties to require the expenditure of any money from the general funds of a Party unless expressly authorized by the appropriate governing body of that Party. Section 11.7 Arbitration. Notwithstanding any other provision herein, the parties agree as follows: Any determination with respect to an assessment levied pursuant to Section 11.6, 13.4 or 15.3 shall be subject to binding arbitration at the request of any Party to which liability is assigned; provided, however, that the request for arbitration shall be made within ninety days of the date that the Commission votes to impose the assessment. If the Parties cannot agree on the method of arbitration and selection of the arbitrator within ninety days of notice of the request for arbitration, the arbitration shall be administered by JAMS, or its successor, pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator shall exercise his or her independent judgment as to whether or not the Commission has abused its discretion when it determined the manner of apportionment of an assessment. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. Judgment on the arbitration award may be entered in any court having jurisdiction. Section 11.8 [Reserved.] Section 11.9 Issuance of Bonds, Notes and other Indebtedness. CVCC may issue bonds, notes or other forms of indebtedness if such issuance is approved by two-thirds (2/3) vote of the Commission. 09/26/05 Final 21 Coachella valley Conservation Commission JPA �. Section 11.10 Disbursements. The Executive Director shall request warrants from the Treasurer in accordance with budgets approved by the Commission subject to quarterly review by the Commission. The Treasurer shall pay such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Commission. Section 11.11 Accounts. All funds will be placed in accounts and the receipt, transfer or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Section 6505 et seq. and any other applicable laws. All revenues and expenditures shall be reported to the Commission. Section 11.12 Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of the Commission. Article 12 Relationship of CVCC and Its Members Section 12.1 Separate Entity. CVCC shall be a public entity separate from the Parties to this Agreement and the debts, liabilities and obligations of CVCC shall not be the debts, liabilities or obligations of the Members. No Member shall be jointly or severally liable for any debt or obligation of CVCC or any of its Members. Specifically, nothing herein is intended to give rise to any right in any third party to enforce an obligation set out herein of one Party to another Party to this Agreement. All property, 09/26/05 Final 22 Coachella Valley 223 Conservation Commission JPA equipment, supplies, funds and records of CVCC shall be owned by CVCC, except as otherwise provided in this Agreement. Article 13 Admission and Withdrawal of Parties Section 13.1 Admission of New Parties. Any public agency identified in the first paragraph of this Agreement, which public agency did not execute the Agreement when it first went into effect, shall subsequently be admitted as a Member upon request by that public agency's legislative body and without further approval of the then existing Member Agencies. The admission of said new Member shall be evidenced by the execution of a written addendum to this Agreement signed by the new Member. Additional public entities not identified in the first paragraph of this Agreement may become Members of CVCC upon such terms and conditions as provided in the MSHCP. Admission of such additional public entities shall be evidenced by the execution of a written addendum to this Agreement signed by all the Parties including the new Parties Section 13.2 Withdrawal of Membership. (a) Prior to Permit Issuance. A Member may withdraw from CVCC at any time prior to the issuance of a Permit pursuant to the MSHCP, and notwithstanding any other provision herein, that Member shall have no continuing liability for any assessments levied by CVCC after the effective date specified in the notice of withdrawal. (b) After Permit Issuance. After Permit issuance a Member may withdraw by delivering written notice to the Commission's secretary that the Member's legislative body 224 09/26/05 Final 23 Coachella Valley Conservation Commission JPA has approved withdrawal and such withdrawal shall be effective 90 days thereafter. Withdrawal after Permit issuance shall not relieve the Member of its proportionate share of any debt or other liability of CVCC that accrued prior to the effective date of the Member's withdrawal, provided notice of the potential liability was given by CVCC to the Member prior to or within the first four years of said Member's withdrawal from the CVCC. Withdrawal shall result in the forfeiture of that Member's rights and claims relating to the distribution of property and funds upon termination of CVCC as set forth in Section 13.3 (Disposition of Property Upon Termination). Section 13.3 Disposition of Property Upon Termination. In the event of the termination of this Agreement, any property interest remaining in CVCC following the discharge of all obligations shall be disposed of as the Commission shall determine with the objective of returning to each Member a proportionate return on the contributions made by each, less previous returns if any. Section 13.4 Continuing Liability. Notwithstanding a withdrawal of membership, a past Member Agency shall be responsible to CVCC for its proportionate share, as determined and approved by a three -fourths (3/4) vote of the Member Agencies, of any liability of the CVCC Accruing during the withdrawn Member's period of participation in CVCC, provided notice of the potential liability was given by CVCC to the Member prior to or within the first four years of said Member's withdrawal from the CVCC. The determination as to the apportionment of such an assessment shall be fair and reasonable given the purpose for which the assessment is required and the degree to which each Member is affected and/or benefited by the contemplated 225 09/26/05 Final 24 Coachella Valley Conservation Commission JPA expenditure. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to arbitration rights set out at Section 11.7, the Members agree that the Commission's good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Any such assessment shall be paid to CVCC within thirty (30) days of billing by CVCC. Article 14 Provision for Bylaws Section 14.1. Bylaws. As soon as practicable after the first meeting of the Commission, the Commission shall cause to be developed bylaws to govern the day-to-day operation of CVCC. Article 15 Contribution and Indemnity Among Members Section 15.1 No Third Party Beneficiaries. This Article shall reflect the Parties' rights and obligations as by and among themselves. Nothing herein shall create any right in any third party to enforce any right or obligation set out in this Agreement as against any Party hereto. Section 15.2 Hold Harmless and Indemnity. Subject to the provisions of Section 15.3 and provided that a Party has acted in good faith and in accordance with this Agreement, the MSHCP, the Implementing Agreement and the Permit, CVCC shall defend with counsel acceptable to said Party, indemnify and hold such Party free and harmless from 09/26/05 Final 25 Coachella Valley �S Conservation Commission JPA V any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of any of the following: the Party's development mitigation fee ordinance; the Party's participation in CVCC; action taken to approve and/or implement the MSHCP; claims of inverse condemnation or unconstitutional takings against a Party as a result of or related to its participation in the MSHCP; or any other act performed or to be performed by the Party pursuant to this Agreement, the MSHCP, the Implementing Agreement or the Permit; provided, however that such indemnification or agreement to hold harmless pursuant to this section shall be recoverable only out of CVCC assets and not from other Parties. To the extent CVCC's assets are insufficient to satisfy its obligations under this Section, any Member Agency forced to expend its own funds to satisfy what would otherwise be CVCC's obligations shall be entitled to reimbursement from CVCC. Section 15.3 Limitations on Liability. CVCC shall be authorized to defend, indemnify and hold harmless any Commissioner, officer, agent or employee for actions taken or not taken within the scope of authority given or granted by CVCC and from and against any claim or suit arising out of any act or omission of CVCC, the Commission or any Commissioner, officer, agent or employee in connection with this Agreement and may purchase insurance as the Commission may deem appropriate for this purpose. The Parties acknowledge that Section 895.2 of the California Government Code provides that a Member is jointly and severally liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to 09/26/05 Final 26 Coachella Valley 2 � Conservation Commission JPA contractually agree to indemnity and contribution provisions that allow such liability to be apportioned among the members based on their respective degree of fault giving rise to the liability. The parties further acknowledge that they have agreed at Section 15.2 above to indemnify and defend those Member agencies against loss, liability or damage suffered by a Member Agency individually as a result of that Agency's good faith acts taken pursuant to this Agreement or the MSHCP. Now, therefore, in contemplation of such authority, the Parties agree that, as among themselves, each shall assume that portion of the liability imposed upon CVCC or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement that is not covered by insurance, that is determined by the Commission to be that Member's proportionate share Accruing during the Member's period of participation in CVCC. Said determination shall be by three -fourths (3/4) vote of the Member Agencies, meaning an affirmative vote of three - fourths (3/4) of the total number of Member Agencies. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to arbitration rights set out at Section 11.7, the Members agree that the Commission's good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2. 09/26/05 Final 27 Coachella Valley Conservation Commission JPAq4.8 Article 16 Miscellaneous Provisions Section 16.1 Notices. Notices to Members hereunder shall be sufficient if delivered to the principal office of the respective Member. Section 16.2 Amendments. This Agreement may be amended or terminated, provided such amendment or termination is consistent with the provisions of the MSHCP and has been approved by each Member. The vote, assent or approval of each Member shall be evidenced by a certified copy of a resolution, minute order or similar writing of the governing body of the Member Agency, filed with CVCC. Section 16.3 Prohibition Against Assignment. No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee, or third - party beneficiary of any Member shall have any right, claim or title to any part, share, interest, fund, or asset of CVCC. This Agreement shall be binding upon, and shall inure to, the benefit of the successors of each Party. Section 16.4 Agreement Complete. The foregoing constitutes the full and complete Agreement of the Parties. There are no oral understandings or agreements not set forth in writing herein. Section 16.5 Severability. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 229 09/26/05 Final 28 Coachella Valley Conservation Commission JPA Section 16.6 Multiple Originals. This Agreement may be executed in counterparts, each of which shall be deemed an original. Section 16.7 Execution. The governing legislative body of each Member has each authorized execution of this Agreement, as evidenced by the authorized signatures below. CITY OF CATHEDRAL CITY DATE Mayor Kathy De Rosa City of Cathedral City CITY OF COACHELLA DATE Mayor Jesse Villarreal City of Coachella CITY OF DESERT HOT SPRINGS DATE Mayor Matt Weyuker City of Desert Hot Springs CITY OF INDIAN WELLS DATE Mayor Ed Monarch City of Indian Wells 09/26/05 Final 29 Coachella Val]Q`2 0 Conservation Commission JPA CITY OF INDIO Mayor Melanie Fesmire City of Indio CITY OF LA QUINTA Mayor Don Adolph City of La Quinta CITY OF PALM DESERT Mayor Buford Crites City of Palm Desert CITY OF PALM SPRINGS Mayor Ron Oden City of Palm Springs CITY OF RANCHO MIRAGE Mayor ALAN SEMAN City of Rancho Mirage DATE DATE DATE DATE DATE 09/26/05 Final 30 Coachella Valley Conservation Commission JPA COUNTY OF RIVERSIDE DATE Marion Ashley, Chair Board of Supervisors County of Riverside COACHELLA VALLEY WATER DISTRICT DATE Peter G. Nelson, President Coachella Valley Water District Coachella, California IMPERIAL IRRIGATION DISTRICT DATE Rudy Maldonado, President Imperial Irrigation District Imperial, California 09/26/05 Final 31 Coachella Valley J Conservation Commission JPA .49 ATTACHMENT #2 -s TAN 611 ANTON BOULEVARD, FOURTEENTH FLOOR 31 COSTA CALIFORNIALTO:POST ORANGE COUNTY CKER OFFICE DIRECT ALL MAIL TO: POST OFFICE BOX 1950 SILICON VALLEY COSTA MESA CALIFORNIA 92628-1950 (408) 289.8777 TELEPHONE 714-641-5100 FACSIMILE 714546-9035 ATTORNEYS AT LAW INTERNET ADDRESS wwwjuten.com A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS MEMORANDUM TO: Honorable Don Adolph, Mayor of the City of La Quinta Thomas P. Genovese, City Manager, City of La Quinta FROM: Kathy Jenson, City Attorney Michael R.W. Houston, Assistant City Attorney DATE: September 26, 2005 RE: Suggested Discussion Items and Revisions to Draft JPA Agreement for CVCC for the CVAG Executive Committee Meeting on September 26, 2005 and Report on City Attorney's Conference Call regarding Same This memorandum provides final comments to the latest draft Joint Powers Agreement Creating the Coachella Valley Conservation Commission (the "Agreement") which was attached to Jim Sullivan's staff report. I am happy to report that the draft Agreement now incorporates most of the changes we previously had submitted to CVAG's general counsel. In order to assist in our efforts to finalize the Agreement, I organized a telephone conference this morning at 10:00 am for all of the City Attorneys in Coachella Valley to see if legal counsel could come to a consensus on any outstanding issues. With the exception of Coachella and Desert Hot Springs, the City Attorneys for all of the city members of the proposed JPA participated in the call. The representation was as follows: Steve Deitsch for Indian Wells, Bob Hargreaves for Palm Desert, Ed Kotkin for Indio, Mike Shirey for Cathedral City and Rancho Mirage, Doug Holland for Palm Springs, and Michael Houston and me for La Quinta. It was an extremely productive conference call. In addition to some specific suggestions for minor modifications to the agreement, the City Attorneys collectively concurred that to the extent that there has not already been a focused policy discussion of certain sections, those discussions should occur at the CVAG Executive Committee meeting on Monday. The following is a summary of the items the City Attorneys discussed. 1. Section 2.2. No Precommitment To MSHCP: The word "Precommittinent" in the title of this section is misspelled. The extra "t" should be deleted. The consensus of the City Attorneys was that phrase "prior to compliance with all legal requirements, including CEQA" should be deleted from the last sentence in this section because this phrase implies that Member Agencies must adopt the MSHCP after CEQA review is completed. 2156/015610-0002 6"238.01 a09/23/05 233 4- September 26, 2005 Page 2 2. Section 7.4, Special Meetings: During the Attorneys Conference, a concern was raised that allowing four members to call a special meeting was at odds with the Brown Act. Specifically, Government Code Section 54956 authorizes "a majority of the members of the legislative body" to call a special meeting. The Brown Act requirements may not be modified by agreement. Four members is less than a majority. Therefore, "Four or more" should be replaced with "a majority". 3. Section 7.5, Quorum: One of the policy areas that the City Attorneys wished to ensure had been fully vetted was the issue of actions being taken by a majority of the quorum. There was some discussion as to whether the Agreement should provide for categories of decisions that must be acted upon by a majority of the board rather than a majority of the members present. For examples, most of the member cities appear to have requirements that decisions involving expenditures of funds must be passed by a majority of the members rather than a majority of the quorum. The City Attorneys also discussed that it is not desirable to have CVCC's recommendations on specific development projects delayed due to an inability to pass motions. This is a policy issue that may merit discussion. 4. Section 13.2 Withdrawal or Termination of Membership: In subparagraph (a), on the last line, it is recommended that the reference to the "effective date" be clarified, since unlike subparagraph (b), the subparagraph (a) language does not specify a period. This clarification would be made by inserting the words "specified in the notice" after "date" and before "of withdrawal". In subparagraph (b), concern was expressed regarding the sentence "After Permit issuance, no member may be terminated except as provided in the MSHCP." The recommendation is that this language either be deleted or clarified in an acceptable manner. It was unclear whether this was intended to be an involuntary termination of membership. Also, none of the City Attorneys recalled seeing provisions in the MSHCP that addressed the method for terminating the membership of a city in the CVCC JPA. There was therefore shared concern about all of the references to "termination" in this section and in the following section (Section 13.4). 5. Section 13.4, Continuing Liability: There is a concern that this section is somewhat at odds with Section 12.1. The City Attorneys concurred that this would be clarified by inserting the following at the beginning of the first sentence: "Subject to the provisions of Section 12.1,". In addition, the concern about the "or termination" references was expressed by the City Attorneys. Finally, in line 5, "Accruing" should be "accruing". 6. Section 15.2. Hold Harmless and Indemnity: The City Attorneys discussed these provisions at length, with particular focus on the final two lines of the section. In order for us to assess the adequacy of the language, there was consensus that we wanted clear policy direction by the Executive Committee as to the goal of this section. We discussed certain hypothetical situations, and thought that to the extent such discussion had not already taken place, it would be help our legal analysis to understand the parties' intended scope of indemnity. 2156/0156 1 0-M2 644238.01 a09/23/05 2�4 September 26, 2005 Page 3 If City X is sued for inverse condemnation by an owner of property in a conservation area, and City X has acted in a matter consistent with the CVCC recommendation regarding the property at issue, is it the intention that ultimate liability is the responsibility of CVCC and it alone? Is there any limitation on CVCC's obligation? If CVCC's then existing assets are insufficient to cover the liability, is the unfunded liability the responsibility solely of the member agency? What if City X, in good faith, acts in a manner inconsistent with the CVCC recommendation? The answers to these questions will have effect on our analysis of Section 15.3 as well. 7. Section 16.4. Agreement Complete: The City Attorneys concurred with my prior recommendation that incorporating the MSHCP into the contract is not advisable, even as redrafted. Therefore, we recommend that the second and third sentences of Section 16.4 be deleted. cc: La Quinta City Council Mr. Doug Evans, Director of Community Development Bob Hargreaves, Palm Desert Doug Holland, Palm Springs Ed Kotkin, Indio Steve Deitsch, Indian Wells Mike Shirey, Rancho Mirage and Cathedral City Jimmy Gutierrez, Coachella Corky Larson, Desert Hot Springs Toni Eggabratten, Desert Hot Springs and CVAG John Wohlmuth, CVAG 2156/015610-M2 644238.01 a09/23/05 235 ATTACHMENT #3 MEMORANDUM TO: Proposed CVMSHCP Permittees FROM: Toni Eggebraaten, CVAG General Counsel RE: Final Draft of JPA for the CVCC DATE: September 30, 2005 The enclosed proposed Joint Powers Agreement is the document that will create the Coachella Valley Conservation Commission ("CVCC"). CVAG's Executive Committee unanimously approved the proposed Joint Powers Agreement in this final form on September 26, 2005. The following outlines the more important terms of the agreement as ultimately negotiated. 1. The document clearly provides that each of the member jurisdictions retains ultimate land use authority for decisions within their respective boundaries. 2. Any member may withdraw at any time prior to permit issuance without penalty. Please note that the permit cannot be issued until after the Plan has been adopted by each of the participating jurisdictions. 3. Any assessments that might be approved by the Commission must be apportioned in a manner that is fair and reasonable given the purpose for which the assessment is required. Any member may require such a determination be submitted to binding arbitration. The arbitrator is authorized to exercise his/her independent judgment. 26 Q 4. Each Member Agency will have one representative ("Commissioner") on the governing body (the "Commission"), except that Riverside County shall have one representative from each of the five County Supervisorial Districts. The three Riverside County Districts that will be permittees (Flood Control and Water Conservation District; Waste Management District; and Regional Parks and Open -Space District) will not have separate representation. Each Commissioner may have one alternative, which alternate must be an elected official (including the County Supervisor's alternate). 5. Excluding a vote on assessments/apportionment, a majority vote of a quorum of the Commissioners is necessary to pass any item. With respect to assessments/apportionment, an affirmative vote of three -fourth's of the member jurisdictions is necessary. Thus, the County of Riverside would only have one vote with respect to an assessment/apportionment. 6. The JPA shall indemnify any member jurisdiction for claims arising out of that jurisdiction's good faith act consistent with its obligations under the Plan and any agreement implementing the Plan. 7. The Chair or a majority of the Commissioners may call for a Special Meeting. The original proposal by Energy and Environmental Resources Committee (E&E) to allow four Commissioners to call a Special Meeting was changed to require a majority in order to stay consistent with the Ralph M. Brown Act. The proposed Final Draft of the Joint Powers Agreement includes the most recent recommended modifications made by the City of La Quinta in correspondence dated 437 September 15 and September 23, 2005. The recommended modifications were approved by the CVAG Executive Committee and included in the Proposed Final JPA with the exception of two: 1. Section 13.4 Continuing Liability — Recommended Wording: Beginning the Section with, "Subject to the provision of 12.5." Executive Committee Action: not to be included. 2. Section 15.2 Hold Harmless and Indemnify — Recommended Wording: Ending the Section with the following sentence: "To the extent CVCC's funds are insufficient to satisfy its obligations under this section, any Member Agency forced to expend its own funds to satisfy what would otherwise be CVCC's objections shall be entitled to reimbursement from CVCC and shall have the right to receive such reimbursement on a priority basis from any funding the CVCC subsequently receives." Executive Committee Action: add the following sentence at the end of Section 15.2: "To the extent CVCC's assets are insufficient to satisfy its obligations under this Section, any Member Agency forced to expend its own funds to satisfy what would otherwise be CVCC's obligations shall be entitled to reimbursement from CVCC," The next step in the formation of the CVCC JPA is the consideration of entering into this agreement by the governing bodies of each of the proposed Member Agencies. CVAG respectfully requests that each proposed Member Agency place consideration of the JPA on the governing body's agenda as soon as possible. Once CVAG receives an adequate number of approved CVCC JPA's from proposed CVMSHCP permittees, CVAG will organize the first meeting of the CVCC. Nine CVCC Commissioners must be seated to � ei call the first meeting. Therefore, it would be most helpful to not only consider the JPA, but also for your governing body to appoint a CVCC Commissioner and an alternate CVCC Commissioner. Please notify CVAG of your action and appointments. Finally, I want to extend my personal thanks to counsel for all of the proposed members, as well as other staff and CVAG committee members for all of your suggestions and comments. I truly believe that our collective efforts have resulted in a document that carefully and thoughtfully serves the proposed member's mutual interests. Feel free to contact John Wohlmuth or myself if you have continuing questions or concerns. End of memo. Distribution List: • City of Cathedral City Mayor, City Council, City Manager, City Attorney • City of Coachella Mayor, City Council, City Manager, City Attorney • City of Desert Hot Springs Mayor, City Council, City Manager, City Attorney • City of Indian Wells Mayor, City Council, City Manager, City Attorney • City of Indio Mayor, City Council, City Manager, City Attorney • City of La Quinta Mayor, City Council, City Manager, City Attorney • City of Palm Desert Mayor, City Council, City Manager, City Attorney • City of Palm Springs Mayor, City Council, City Manager, City Attorney • City of Rancho Mirage Mayor, City Council, City Manager, City Attorney 230 • County of Riverside Board of Supervisors, County Executive Office, County Counsel • Coachella Valley Water District Board of Directors, General Manager, General Counsel • Imperial Irrigation District Board of Directors, General Manager, General Counsel 240 REPORT/INFORMATIONAL ITEM: /(0 INVESTMENT ADVISORY BOARD Meeting July 13, 2005 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 p.m. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Chairman Lewis, Board Members Olander, Moulin, Mahfoud and Deniel ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary, Tom Genovese, City Manager and Kathy Jenson, City Attorney II APPOINTMENT OF OFFICERS A. Appointment of Investment Advisory Board Chairperson Chairman Lewis opened nominations for Chairperson. Board Member Moulin nominated Chairman Tom Lewis for Chairperson. MOTION - It was moved by Board Members Moulin/Olander to reappoint Chairman Lewis as Chairperson. Motion carried unanimously. B. Appointment of Investment Advisory Board Vice -Chairperson Chairperson Lewis opened nominations for Vice Chairperson. Board Member Moulin nominated Board Member Deniel. MOTION - It was moved by Board Members Moulin/Olander to appoint Board Member Deniel as Vice Chairperson. Motion carried unanimously. III PUBLIC COMMENTS — None. 241 Investment Advisory Board July 13, 2005 Minutes IV CONFIRMATION OF AGENDA Mr. Falconer advised the Board of the two handouts, one of which was a change to the meeting minutes and the second was a change to the investment policy. V. CONSENT CALENDAR A. Approval of Minutes of Meeting on May 11, 2005 for the Investment Advisory Board. MOTION - It was moved by Board Members Olander/Deniel to approve the Minutes of May 11, 2005 as submitted. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for April and May 2005 Mr. Falconer informed the Board that there was not much activity for the month of April. The month of May, page 16 of the Treasurer's Report reflects additional monies placed into LAIF, a rollover in Farm Credit and, the first of June $1 1 million was invested in commercial paper for a short period (until June 23`d). This will not be reflected in the fiscal year end; the LAIF balance was temporary as a result of the tax increment received in June. MOTION - It was moved by Board Members Mahfoud/Olander to review, receive, and file the Treasurer's Report for April and May 2005. Motion carried unanimously. B. FY 2005/06 Meeting Schedule Board Member Moulin requested the schedule be approved with the exception of the month of August, at which time the Board would go dark for the month. Board Member Deniel stated that there are two months on the upcoming schedule (February and March 2006) that both months fall on the 8tn would Staff need week to prepare for the meetings. 2 242 Investment Advisory Board Minutes July 13, 2005 Mr. Falconer replied that the scheduled meetings dates would no be a problem. MOTION - It was moved by Board Members Mahfoud/Olander to continue to meet on a monthly schedule with the Board going dark for the month of August. Motion carried unanimously. C. Consideration of Approval of Investment Advisory Board 2005/2006 Work Plan Chairman Lewis stated that the Board will need to find out if the City Council would like the Board to move forward with a RFP for the portfolio manager once the ordinance has been adjusted. Mr. Falconer suggested that this might be discussed at the joint meeting with Council in October. Chairman Lewis stated that LAIF has been discussed along with GSE's and commercial paper and a proposal for a money manager was developed and he asked the Board if there was any other item that needed to be discussed in upcoming year's work plan. Board Member Moulin suggested reviewing the cash projections. Mr. Falconer advised the Board that they need to remain along guidelines of the investment policy. Chairman Lewis suggested possibly tracking the money invested. Mr. Falconer stated to the Board that Staff indirectly monitors monies invested in the two to five year projections, i.e. Treasury Bills have been bumped up to $8 million. In response to Board Member Moulin, Mr. Falconer advised the Board that the current banking services set up with Wells Fargo is either a compensated balances or a sweep account. Currently, funds have switched over from the sweep account due to low rates. Board Member Olander asked Staff how they currently feel about commercial paper. Mr. Falconer replied that he is currently concerned about the current quality. Board Member Olander asked what the current yield was for commercial paper. Mr. Falconer replied it is currently at 2%. Chairman Lewis stated that the following items be added to the work plan: Commercial Paper, GSE's and LAIF, and RFP discussion with City Council. Upon Council approval, include RFP process. Board Member Moulin also suggested discussion of cash utilization. Chairman Lewis concurred. 3 243 Investment Advisory Board Minutes July 13, 2005 Mr. Falconer advised the Board that from a procurement standpo.int, once the Board has met with City Council and the direction is to go forward, a staff report is prepared to City Council stating that the City is moving forward with the RFP and would like Council to suggest who will be on the RFP Committee (i.e. Investment Advisory Board and City Council). The Council may direct the Board to act on their behalf. MOTION - It was moved by Board Members Olander/Mahfoud to approve the 2005/2006 Work Plan. Motion carried unanimously. D. LAIF Conference Chairman Lewis advised Staff that he would be unable to attend this year's conference. MOTION - It was moved by Chairman Olander/Deniel to authorize two Board Members, (to be named at a later date), to attend the conference subject to Council approval. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - June 2005 Noted and Filed B. Pooled Money Investment Board Reports - April 2005 Noted and Filed C. Distribution of Investment Policies for Fiscal Year 2005/2006 Chairman Lewis advised the Board that the Investment Policy has been approved by the City Council. Mr. Genovese advised the Board that the Investment Policy should have been listed as a business item, not correspondence. 'Mr. Genovese suggested that this item be continued to the next scheduled meeting so that the policy could be formally approved by the Board. 4 244 Investment Advisory Board Minutes July 13, 2005 Ms. Jenson suggested that this could be set up as a ratification item at the next scheduled meeting. Board Member Deniel asked Staff if this could be modified and added to the current meeting. Mr. Genovese clarified for the Board that the former body has already adopted the policy. Ms. Jenson also clarified that in order to add an item to the current agenda, there needs to be a special finding, (i.e. not aware of a particular item). If an item came up after the posting of the agenda and/or an emergency that came up prior to the next scheduled meeting, then the item can be added during that particular scheduled meeting. Board Member Moulin stated that he thought the change to the ordinance was going to be added to the agenda for the current meeting. Mr. Falconer replied that this item was going to be discussed under the work plan. Board Member Moulin also stated that Mr. Falconer had a letter of transmittal, wherein page three states that the ordinance has to be changed and/or modified. Ms. Jenson advised the Board that an ordinance has to be prepared in advance of the RFP process, to clarify that the portfolio manager is authorized and specific languages will also be worked on so that the City Council remains liable for decisions. Chairman Lewis commented that it would be hard for City Council to give up liability. Ms. Jenson referred back to the Attorney General's opinion and the end opinion states that the Finance Director has to remain involved and is ultimately liable for decisions made. Currently, the Finance Director has authority given by the City Council and Council modifies the delegation to the Finance Director. This will be indicated both in the procedures and codes. Board Member Moulin asked Staff if the Investment Policy could be discussed at the current time. Chairman Lewis replied that this item could be listed as a discussion item. Board Member Moulin advised the Board that Appendix I seems to be misleading (referring to Column 7, Investments that are allowed by the City. The City imposes limitations on certain investments. Board Member Deniel stated that this was previously discussed and that the City policy was initially designed to not include a portfolio manager and now the policy was expanded to include a portfolio manager. Chairman Lewis stated that if someone other than the Board reads the policy without knowing the background they would assume the portfolio manager does not have 5 245 Investment Advisory Board Minutes July 13, 2005 the authority to invest in particular investments listed in Appendix I. Ms. Jenson suggested that this be clarified so that it is not inconsistent with the policy. This can be made as part of the formal action to be made at the next scheduled meeting. Chairman Lewis suggested that the Board work on wording and will come to a consensus at the next scheduled meeting. Chairman Lewis asked if Ms. Jenson was going to work on the wording for the ordinance. Ms. Jenson stated that she will be working on the ordinance and felt that there will only be minor changes. The contract will spell out exactly what the Finance Director's regulation will be over the portfolio manager. Board Member Moulin stated to Staff that he had drafted a sample ordinance that could be reviewed by Ms. Jenson. VIII BOARD MEMBER ITEMS IX ADJOURNMENT MOTION - It was moved by Board Members Mahfoud/Moulin to adjourn the meeting at 6:25 p.m. Motion carried unanimously. Submitted by, Vianka Orrantia Secretary 31 246 Reports and Informational Items /7 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 7, 2005 10:00 a.m. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:03 a.m. by staff. B. Committee Members present: Bill Bobbitt, and David Thoms. It was moved and seconded by Committee Members Bobbitt/Thoms to excuse Committee Member Christopher C. Staff present: Principal Planner Stan Sawa, Associate Planner Andrew Mogensen, 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 August 3, 2005. There being no changes, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Site Development Permit 2005-840; a request of Michael Shovlin for consideration of architecture and conceptual landscaping plans for a pet shop, supply, and grooming retail commercial building within the One Eleven La Quinta Center, bounded by Highway 1 1 1, Washington Street and Adams Street. 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced David Smalley, who gave a presentation on the project. 247 r_•%Xnionnrckni Pr�0_7_nr Al ar a.,.. Architecture and Landscaping Review Committee September 7, 2005 2. Committee Member Thoms asked why staff was recommending the trash enclosure be relocated. Staff explained. Committee Member Thoms stated it should be parallel to the loading dock and the air conditioning units screened from visibility. 3. Committee Member Thoms asked where the green color would be used. Staff noted the location on the site plan. 4. Committee Member Thoms asked about the planting adjacent to the columns on the existing sites and should be repeated on this building directly adjacent to the columns with vertical elements such as bougainvillea. 5. Committee Member Bobbitt asked about the planters that were located at the west end. It is too plain and should be tied to the parking lot to add it to this building. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2005-029 recommending approval of Site Development Permit 2005-840, as recommended and amended: a. Trash enclosure to be relocated. b. The air conditioning units shall be screened. C. Plant material shall be added between the columns Unanimously approved. B. Site Development Permit 2005-837; a request of ND La Quinta Partners, LLC for consideration of architectural and landscape plans for a guard house (caretakers residence), for the property located on the south side of Avenue 52, midway between Madison Street and Monroe Avenue, within The Madison Club. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Gamlin and Cindy Zamora, representing the applicant. 2. Committee Member Thoms questioned the use of the Star Jasmine and asked what sizes were to be used. Mr. John Gamlin stated they would be five gallon plants. 2ng r_.%%A1PnnrCNA1 ar\a_7_nR Al ar A— 2 Architecture and Landscaping Review Committee September 7, 2005 3. Committee Member Bobbitt stated the Star Jasmine will not do well in the summer months and suggested a substitute. Mr. Gamlin stated they are using a horticulturalist and would confirm with her. Committee Member Bobbitt commended the design of the building. 4. Committee Member Bobbitt asked if the fireplace element would be functioning. Mr. Gamlin stated it would. 5. Committee Member Thorns stated the Star Jasmine should be a five gallon in size and seven feet on center; the Rosemary should also be five and less than 12 feet. 6. Committee Member. Bobbitt stated the overhangs should be eliminated at the entry or increased the height. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2005-030 recommending approval of Site Development Permit 2005-837, as recommended and amended: a. Ground cover shall be five gallon and planted closer together and substitute the Star Jasmine with an alternative. Unanimously approved. C. Site Development Permit 2005-838; a request of Bill Sanchez, for consideration of architectural and conceptual landscaping plans for a retail commercial building featuring one sub -major unit and ten minor units within Washington Park Commercial Center, the property bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street. 1 . Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Bill Sanchez, representing the applicant, who gave a presentation on the project. 249 r_-MIPnnrCXAI cr\o_7_nF; Al cr 4-- 3 Architecture and Landscaping Review Committee September 7, 2005 2. Committee Member Thorns stated the planting area next to the parking lot is not a problem for the handicapped spaces. In regard to head -in or slant stalls, there is usually an 18-inch space back of the curb to allow pedestrians space to step without interfering with the plantings. 3. Committee Member Bobbitt stated the planting areas should be at least 6-feet by 8-feet to give the plant material a chance to grow. If the 18-inch space is used, the planting bed area should not be reduced. Mr. Sanchez stated they could stripe the area. 4. Committee Member Thom suggested another handicap space be added as well as a stripe to the east. Mr. Sanchez stated the sidewalk is too narrow to accommodate a ramp, so handicap space was added to accommodate the handicap person. They would not have the room to add the additional space. 5. Committee Member Bobbitt stated it should only be needed at the end stalls. Mr. Sanchez stated they would be adding six inches to the curb to make the 18 inches. 6. Committee Member Bobbitt stated the trash enclosure should be aesthetically pleasing. Mr. Sanchez stated it will be consistent with what exists. He noted the location is the only space where they can put the enclosure. Staff noted the capacity needs to be increased as well. 7. Committee Member Thorns asked staff to explain the concern regarding the loading area. Staff explained more detail was needed as it was to be used in conjunction with the other major building. 8. Committee Member Bobbitt stated he concurred with staff regarding the stem wall on the area that protrudes in the retention basin. Mr. Sanchez stated he had met with the Public Works Department and they suggested using a pilaster to retain the volume needed for the retention basin. Committee Member Bobbitt stated he would prefer there be no overhang as it is more than likely it will not be maintained. Additional planting will be needed as well to break up the building. Alternative designs were discussed. 2J0 n.\1niannr'C%A1 arr\a_znF; Al Or` ,+— 4 Architecture and Landscaping Review Committee September 7, 2005 9. Committee Member Bobbitt stated he concurred with staff's recommendation in regard to the awnings and trellises. Mr. Sanchez stated canopies and trellises will be over the storefronts. Staff noted they need a shade cloth or something added to give more shade. Mr. Sanchez was concerned that the cloth would detract from the appearance. 10. Committee Member Thorns suggested tightening up the distance between the beam members to provide shade. In regard to the plantings on the southeast elevation along the walkway, a tree form is needed along the back side of the Buildings 4 and 5. 1 1 . There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2005-031 recommending approval of Site Development Permit 2005-838, as recommended and as follows: a. A 12 inch band of concrete shall be added on the parking stalls. b. Trees shall be added to the back of Building 4. C. Additional wood members shall be added to the trellises to give shade. d. A stem wall shall be used on the rear of Sub -Major 5 adjacent to the retention basin with landscape material to hide the building. Unanimously Approved. D. Site Development Permit 2005-8342 a request of KB Homes Coastal, Inc., for consideration of architectural plans for six prototypical residential plan types for use in Tract 31732, the property located at the southeast corner of Monroe Street and Avenue 60. Principle Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Ty Mangrum and Cecil Hernandez, who gave a presentation on the project. 2. Committee Member Bobbitt stated he has a problem with the density of the tract. 251 r_•\%A1Dnnrc\n1 Al Or' .a,,.. 5 Architecture and Landscaping Review Committee September 7, 2005 3. Committee Member Thorns stated each unit's architecture is all right, but he has a problem with there being a series of two stories with ten feet between them. Staff clarified the garage location dictates the distance between the houses. 4. Committee Member Bobbitt stated the two stories are too massive. Mr. Mangrum explained the two story units would be on the interior of the tract and the single story houses would be along the perimeter streets. He went on to explain the design of the units. The two story units are two bedroom with a loft. It is not the entire structure that is two story; they are tiered. Committee Member Bobbitt stated he was concerned with the massiveness. There is no variation in the height of all the houses. Discussion followed regarding the house designs. 5. Committee Member Bobbitt asked if wood fencing would be used in the rear yards. Mr. Mangrum stated they do intend to use wood in the sideyards. 6. Committee Member Thoms stated wood should not be used. He has no problem with the individual architecture, but recommends the Planning Commission look at the issue of all two story units with the alley. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2005-032 recommending approval of Site Development Permit 2005-842, as recommended and as follows: a. Planning Commission be made aware of the Committee's concern regarding the two story units being all located next to each other. Unanimously Approved. E. Site Development Permit 2005-841; a request of K. Hovnanian Homes, for consideration of architectural and landscaping plans for seven prototypical residential plan types for use in Tract 32398, for the property located northeast of the intersection of Monroe Street and Avenue 60. 252 n.N1nicnnrrc\n1 arrko_7_OR Al Pr' 4-- 6 Architecture and Landscaping Review Committee September 7, 2005 1. Principle Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Susan Banel, K Hovnanian Companies, and Ms. Kim Castruita who gave a presentation on the project. 2. Committee Member Thorns asked if the two story and single story houses would be side by side. Staff explained the plan layout. 3. Committee Member Bobbitt asked about the setback in regard to landscaping on the alley. A six foot setback for the garages is required. Committee Member Bobbitt stated as long as the garages do not line up; that there is some undulation and room for the trees. 4. Committee Member Bobbitt asked if they would be using wood fencing and split face overlap. Ms. Castruita stated they normally use slump stone or precise block. Committee Member Bobbitt stated he would prefer slump stone. Community Development Director Doug Evans suggested they use a sack finish and play with different finishes. Ms. Castruita suggested using both for effect or banding. 5. Committee Member Bobbitt asked about the perimeter wall columns. Ms. Banel stated they would be a straight or decorative block. 6. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Thoms to adopt Minute Motion 2005-033 recommending approval of Site Development Permit 2005-841 for the architectural elements, as recommended and as follows: a. Perimeter wall pilasters would be straight or decorative block with a mortar type cap. Unanimously Approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None. VII. COMMITTEE MEMBER ITEMS: None 253 r_•\%A1Pn0rc�ni 12r1o_7_nG Al ar A- 7 Architecture and Landscaping Review Committee September 7, 2005 VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Thoms/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a meeting to be held on October 5, 2005. This meeting was adjourned at 1 1:57 p.m. on September 7, 2005. Respectfully submitted, BET Y S YER Executive Secretary 254 r_•\%Aionnrc\AI ar\a_'7_nG A arr a.,.. 8 Reports and Informational Items /g MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 13, 2005 CALL TO ORDER IA�Z�I�I�I� A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Paul Quill and Chairman Kirk. It was moved and seconded by Commissioners Quill/Daniels to excuse Commissioner Ladner. Unanimously approved. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Associate Engineer Paul Goble, Planning Manager Les Johnson, Principal Planners Fred Baker and Stan Sawa, Associate Planner Andrew Mogensen, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Daniels/Alderson to reorganize the agenda to take Item C first. Item A became Item B and Item B became Item C. Unanimously approved. B. Chairman Kirk asked if there were any corrections to the Minutes of August 9, 2005. There being none, it was moved and seconded by Commissioner Daniels/Alderson to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Site Development Permit 2005-836; a request of GLC-DUC La Quinta LLC, for consideration of landscaping plans for common areas and perimeter for Tract 32279 and 33336, for the property located on the north side of Avenue 58, west of Madison Street. 255 G:\WPDOCS\PC Minutes\9-13-05.doc Planning Commission Minutes September 13, 2005 1. Commissioner Daniels noted he lives at PGA West but his residence is three or four miles from this project. He is a part of the overall HOA, but believes he is able to render a fair and equitable decision. 2. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff noted there may be an expansion or elimination to the retention basin into Lot 16. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked why the change in the retention basin was needed. Staff stated it was due to a lack of retention in the retention basin shown 4. Commissioner Daniels asked if a design scenario with a loop was not considered. Staff commented no. Tract 32279 was approved in 2004 and at that time, in order to provide access they were able to obtain an easement with the adjoining property. Later they purchased a portion of that property and designed it as an individual tract. 5. Commissioner Daniels asked if the tract to the east had the same design. Staff stated yes, it did and it was under construction. 6. Chairman Kirk asked if there was a wall on the north boundary with PGA West. Staff stated yes, but staff wanted to ensure there was no light spillover. 7. Commissioner Alderson asked if the box trees in the middle of the street and at the end of the cul-de-sac were to be upgraded. Staff stated the applicant did not have any objections to staff recommendations which included an upgrade. 8. Commissioner Daniels asked if there could ever be a change to the remainder lot to develop more than one house. Staff stated there was no reason it could not be developed in the future. 9. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Shawn Milligan, representing the applicant, gave a presentation on the project and in regard to the retention area, if they have to lose Lot 16 to gain additional retention, they would 256 G:\WPDOCS\PC Minutes\9-13-05.doc 2 Planning Commission Minutes September 13, 2005 like to be able to work with staff to resolve the issues. They have no objection to the conditions as recommended. 10. Mr. Don Rose, landscape architect, stated he had no objection to increasing the trees to 36-inch box trees. 1 1 . Chairman Kirk asked if there were any questions of the applicant. There being none, and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 12. It was moved by Commissioners Daniels/ to adopt Minute Motion 2005-012, approving Site Development Permit 2005-836, as recommended. a. Condition added: expansion or elimination to the retention basin into Lot 16. b. Condition added: the box trees in the middle of the street, at the end of the cul-de-sac and knuckle shall be upgraded to a 36-inch box size. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. B. Site Development Permit 2005-835; a request of Stamko Development Co. for consideration of development plans for a multi -tenant retail store consisting of 23,000 square feet including one monument and multiple building -mounted signs for the property located at the southwest corner of Highway 111 and Dune Palms Road within the Centre at La Quinta commercial development. 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 was on file in the Community Development Department 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if each canopy was continuous. Staff stated they are over each opening only. Commissioner Alderson asked if the building colors changed. Staff noted the changes. Commissioner Alderson asked if the sign was double- faced. Staff stated yes. 5 G:\WPDOCS\PC Minutes\9-13-05.doc 3 Planning Commission Minutes September 13, 2005 3. Commissioner Daniels asked if the changes made met the Commission's concerns that had been raised at the last meeting. Staff stated yes. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Russ Beckner, representing Stamko Development Co., gave a presentation on the project. In regard to the signs he explained why they were requesting four tenants on the monument sign. Ms. Chris Clarke, Stamko Development Co., stated her concern regarding Condition #77, the trash enclosure as there currently is an easement between this project and the project on the south. She requests that the location of the trash enclosure be approved as submitted. Staff noted they were only requesting approval of the orientation. Ms. Clarke requested Condition #58 be deleted as this Specific Plan is governed by the Development Agreement which set the fees at that time of approval of the Development Agreement. Chairman Kirk noted her comment. Ms. Clark questioned Conditions #28 and #29 in regard to the retention basin. In her agreement with Sam's Club they are retaining moving their retention basin to the west side. She would like the condition changed to read, "The developer may design to retain all the storm water on site on Specific Plan 87-029 with all its amendments." 5. Chairman Kirk asked if staff had any objections to the requested changes. Associate Engineer Paul Goble stated they are still reviewing the retention for Sam's Club and do not believe this will be a problem with this project. It is a work in progress and it has not yet been determined. Community Development Director Doug Evans stated Condition #29 should be rewritten to say "...nuisance water shall be retained on -site or within the boundaries of the Specific Plan of the subject property." 6. Commissioner Quill stated there are separate lots and the right to these drainage lots should be provided in perpetuity in case the property is sold. Ms. Clark stated this condition does exist on the entire 90 acres. 7. Chairman Kirk asked staff about Conditions #58. Community Development Director Doug Evans suggested a sentence be added stating, "Unless the Development Agreement provisions regarding Developer Impact Fees applies to this site" be added to these conditions. Assistant City Attorney Michael Houston clarified it G:\WPDOCS\PC Minutes\9-13-05.doc 4 �� Planning Commission Minutes September 13, 2005 would apply to Condition #58 only as the citations of the Municipal Code applies to a broader class of fees relating to normal application fees which would not be covered in a Development Agreement. 8. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 9. Commissioner Alderson asked if other properties would be using the subterranean retention facilities. Associate Engineer Paul Goble stated as it is written it applies only to Sam's Club. 10. Commissioner Quill asked whether or not the City was going to desire more subterranean retention basins. Associate Engineer Paul Goble stated there have been discussions in regard to land costs. As staff is seeing this type of retention basin more and more, staff has written standards for them. Staff is supportive of them as long as the maintenance is long term. Community Development Director Doug Evans stated the City will be seeing more and more of these as the land values keep increasing. 11. Commissioner Daniels what was the worse thing that could happen in regard to this type of basin. Staff stated the City designs are requiring re -enforced concrete structures. The percolation design involves deeper drywells that enforce percolation and provisions to prevent silt build up in the bottom. 12. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-037 approving Site Development Permit 2005-835, as recommended and amended: a. Condition #29 amended: "...nuisance water shall be retained on -site, or within the boundaries of the Specific Plan of the subject property in perpetuity." b. Condition #58: amended to add, "Unless the Development Agreement provisions regarding Developer Impact Fees applies to this site." C. Condition #77: changed to be "approval of the orientation" 2-39 G:\WPDOCS\PC Minutes\9-13-05.doc 5 Planning Commission Minutes September 13, 2005 ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. C. Conditional Use Permit 2005-093; a request of La Quinta Playhouse, LLC, for consideration to allow a tent on the "Events Lawn" in Old Town La Quinta for play productions and a series of special events, for the property located on the center lawn on the south side of Calle Tampico between Desert Club Drive and Avenida Bermudas at Old Town La Quinta. 1. Chairman Kirk opened the public hearing and asked for the staff report. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if all the events on Attachment #3 were being approved at this time, or will there be subsequent applications submitted for approval. Community Development Director Doug Evans stated this permit applies to the plays. All other activities will require a separate permit. 3. Commissioner Alderson asked why the special events were limited to ten. Staff stated because the applicant only submitted ten. 4. Chairman Kirk asked why there is a parking problem at other times and there will not be one during the events. Staff stated there may be a potential problem, but the applicant has stated they see no problems as they are depending on the parking provided by the City's parking lot to alleviate any problems. 5. Commissioner Alderson asked what kind of assurances does the City have that any damage to the lawn will be repaired. Staff stated this is the site for the next phase and will not need any maintenance. Commissioner Alderson asked if generators will be used during the production or for emergencies. Staff stated to their knowledge it would be used during the productions for stage lighting. 6. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Kae Hammon, representing the La Quinta Playhouse, LLC, stated they will not be using generators. They 260 G:\WPDOCS\PC Minutes\9-13-05.doc 6 Planning Commission Minutes September 13, 2005 will be using electrical from the Old Town development. The lawn under the tent will be allowed to die during the production. 7. Chairman Kirk stated he learned that he is within 500 feet of the project and withdrew from the dais. 8. Commissioner Daniels asked the color of the tent. Ms. Hammon stated it will be white. 9. Commissioner Alderson asked if there will be substantial periods of time when the tent will not be in use and could be a potential problem. Ms. Hammon stated no. They anticipate 71 days of production. The doors are lockable and they do have security. 10. Ms. Leslie Locken, property manager for Old Town, stated the "Event Lawn" will remain an "Event Lawn". The events attached to the staff report are examples and they will apply for additional Temporary Use Permits as needed. They do not believe parking will be an issue with the addition of the City parking lot. 1 1 . Commissioner Daniels asked if there was a way to approve the future events without Planning Commission approval. Community Development Director Doug Evans stated they are approved by staff. 12. Commissioner Alderson asked who was supervising the events. Ms. Locken stated Old Town who will employ security officers in addition to what is currently employed. 13. Vice Chairman Quill asked if there were any questions of the applicant. There being none and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 14. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-038, approving Conditional Use Permit 2005-093, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Vice Chairman Quill. NOES: None. ABSENT: Commissioners Ladner and Chairman Kirk. ABSTAIN: None. Chairman Kirk rejoined the Commission. 261 G:\WPDOCS\PC Minutes\9-13-05.doc 7 Planning Commission Minutes September 13, 2005 VI. BUSINESS ITEMS: None. VII. DISCUSSION ITEMS: A. Discussion of suggested landscaping standards in regard to water and turf waste. 1. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Community Development Director Doug Evans reviewed the fundamental items discussed by the Committee. In regard to the turf next to the street, the Committee agreed with what existed in the Code. 3. Commissioner Quill stated CVWD is going to require all HOA's to install sprinkler heads that once the head blows, it shuts the water off at this location. The City should add this requirement to any sprinkler next to the sidewalk or curb. 4. Chairman Kirk asked if there was any concern in going to a .5 water co -efficient number. 5. Commissioner Quill stated he does not believe it was any issue to CVWD. 6. Chairman Kirk asked staff why there were not more recommendations if the determination was that the landscaping was too lush. Community Development Director Doug Evans stated it was not the direction of the Committee. The Committee did not believe lawn should be used in areas where there was no activity needing turf. 7. Chairman Kirk stated he too agrees the .5 co -efficient water standard would be better and would support the Committee's recommendation. 8. It was moved and seconded by Commissioners Daniels/Quill to direct staff to prepare a Zoning Code Amendment to change the co -efficient water requirement to .5. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. 262 G:\WPDOCS\PC Minutes\9-13-05.doc 8 Planning Commission Minutes September 13, 2005 IX. COMMISSIONER ITEMS: A. Review of City Council meeting of September 6, 2005. B. Commissioner Daniels asked for a status report on the Coachella Valley Multi -Species Habitat Plan. Community Development Director Doug Evans gave a report. C. Commissioner Alderson thanked Commissioners Ladner and Quill for their work on the Landscape Committee. D. Community Development Director Doug Evans gave a report on the La Quinta Medical Office on Caleo Bay. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on September 26, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:14 p.m. on September 13, 2005. Respectfully submitted, Be t J. a er, xecutive Secretary City of La Quinta, California 263 G:\WPDOCS\PC Minutes\9-13-05.doc 9 Reports and Informational Items MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 27, 2005 7:00 P.M. 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 Alderson to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, Paul Quill and Chairman Kirk. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Associate Engineer Paul Goble, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Andrew Mogensen, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk asked if there were any corrections to the Minutes of September 13, 2005. There being none, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Site Development Permit 2003-727, Amendment #1; a request of Paragon Signs, Inc. for Dr. Mathew Werner for consideration of a revised Sign Program for the Lake La Quinta Plaza, for the property located at 47- 250 and 47-350 Washington Street, the east side of Washington Street, just north of Omri and Boni Restaurant. 1 . Chairman Kirk noted the request to continue the item. It was moved and seconded by Commissioners Alderson/Daniels to continue Sign Application 2003-727, Amendment #1. Unanimously approved. B. Conditional Use Permit 2005-094; a request of La Quinta Country Club 264 G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 B. Conditional Use Permit 2005-094; a request of La Quinta Country Club for consideration of a request to establish temporary long-term modular clubhouse facilities as replacement for a permanent clubhouse for the property located at 49-650 Eisenhower 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 was on file in the Community Development Department 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the trailers would be connected to public utilities. Staff stated some of the utilities would be, but the applicant could answer in more detail. Commissioner Alderson asked about the landscape screening. Staff stated a more detailed landscaping plan would be submitted for approval and noted the conditions that still needed to be worked out. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Larry Reddel, Program Manager for Gafcon, Anthony Palmasono, architect, and Larry Helm, General Manager of the Country Club of the Desert gave a presentation on the project. Mr. Palmasono clarified the clubhouse utilities will be connected to the public utilities. They are looking at how the fire sprinklers will be attached; he assumes they will be buried underground. Mr. Reddel stated there are 25 existing trees that will help to screen the trailers as well as 25 to five gallon plants will be planted. 4. Commissioner Daniels asked if there was a hedge around the perimeter. Mr. Reddel stated yes. Commissioner Daniels asked how they were going to accommodate the Bob Hope Classic people. Mr. Helm stated they have spoken with the 'Bob Hope people and believe it is worked out. 5. Commissioner Alderson asked if the urgency was to meet the plans for the Bob Hope Classic. Mr. Helm stated that is part of it. 6. Chairman Kirk asked if there were any questions of the applicant. Mr. Greg Helm, President of the Homeowners' Association and on the Board of Bob Hope Classic, stated they are in agreement with the plans. 265 G:\WPDOCS\PC Minutes\9-27-05.doc 2 Planning Commission Minutes September 27, 2005 7. Chairman Kirk asked if anyone else would like to address the Commissioner. There being none, Chairman Kirk closed the public hearing. 8. Commissioner Ladner stated she supported the request. 9. Commissioner Daniels stated the entire perimeter is screened and to him it is an issue for the members of the Club. 10. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-039 approving Conditional Use Permit 2005-094, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2005-840; a request of One Eleven La Quinta, LLC for consideration of development plans for a 15,257 square foot pet shop, supply, and grooming retail commercial building to a located within the One Eleven La Quinta Center at the northeast corner of Highway 1 1 1 and Washington Street. 1 . Commissioner Alderson stated he has a business relationship with the applicant causing a potential conflict of interest and withdrew from the dais. 2. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the building to the east was the vacant theater. Staff noted the location of the proposed building. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Smolley, representing the applicant, stated he was available to answer any questions. They have no objections to the conditions. Community Development Director Doug Evans noted the sign is not a part of this permit and will have to come back for approval. Mr. Smolley stated they were not submitting the sign for approval. 266 G:\WPDOCS\PC Minutes\9-27-05.doc 3 Planning Commission Minutes September 27, 2005 5. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 6. Commissioner Quill stated he would prefer receiving a complete site plan, with color boards showing a better relationship of this building and the existing buildings. 7. It was moved by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2005-040, approving Site Development Use Permit 2005-840, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. Commissioner Alderson rejoined the Commission. D. Site Development Permit 2005-838; a request of Washington 1 1 1, Ltd. for consideration of development plans for a 27,225 square foot retail commercial building featuring one sub -major unit and multiple minor units within the Washington Park Commercial Center (Sub -major 5 and Shops 4)) for the property bounded by Highway 1 1 1, Avenue 47, Washington Street, and Adams Street. 1. Commissioner Alderson stated he had a potential conflict of interest due to the location of the project and withdrew from the dais. 2. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the driveways were right -in, right - out only. Staff stated the southerly driveway would have a left turn in. 4. Commissioner Quill stated he was concerned as the building front appears to be flat. He would also like to see a more detailed color board and renderings submitted with the report. 5. Chairman Kirk asked for clarification regarding the statement in the staff report regarding modifying eliminate the overhang and include 267 G:\WPDOCS\PC Minutes\9-27-05.doc 4 Planning Commission Minutes September 27, 2005 an access ramp for maintenance purposes. Does this mean that if a ramp were installed it would be easier to maintain? Assistant City Engineer Steve Speer explained that if they want to keep the encroachment into the retention basin there is room to reconfigure the basin to the north. Chairman Kirk asked if there was a ramp for maintenance purposes, and if so, what is staff's reaction to the cantilevered portion of the building? Staff stated the retention basin should be accessed regardless. There is also room on the north side of the retention basin. Chairman Kirk asked if there was room for a ramp what about the cantilever condition. Staff stated they should be able to access the retention basin regardless. Community Development Director Doug Evans stated the cantilever is a concern because of nuisance issues. 6. Commissioner Quill stated this retention basin will be fairly hidden and the opportunity to not maintain it could be a problem. He asked if it was fenced, or accessible to the public. Staff stated it is not fenced and therefore will be accessible to the public; it will be maintained by the property owner at the expense of the merchants. Commissioner Quill asked if there was any additional sub -drainage for nuisance drainage. Staff stated yes and explained their function. 7. Chairman Kirk asked if an underground retention system was considered. Staff stated yes and met with the applicant regarding them. The cost is expensive and they need to be maintainable. 8. Commissioner Daniels stated he is concerned this will be a problem. Could the building be turned to put the retention basin in the front of the building as a design feature. The retention basin will become a nuisance and maintenance problem. Community Development Director Doug Evans stated they reviewed the building under the Specific Plan guidelines and there is no question, a backdoor retention basin will have problems. He does, however expect visibility because the Center has an access on the east side. 9. Commissioner Daniels asked if there were any incentives that could be offered to the developer to redesign this portion of the Center. Community Development Director Doug Evans stated he is unaware whether or not there could be any incentives offered. Any change would require a renegotiation of the Specific Plan. 268 G:\WPDOCS\PC Minutes\9-27-05.doc 5 Planning Commission Minutes September 27, 2005 10. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jack Tarr, Bill Sanchez, and Michael Kerredy, representing Washington 1 1 1, Ltd. gave a presentation on the project. Mr. Kerredy noted the elevation deviations and the awnings that extend out six feet as well as variations in height. The rear is very blank as it is the loading area and will not be seen from the public. 1 1. Chairman Kirk noted there was not a lot of vertical plant material on the north elevation. Mr. Kerredy stated that was because it was too close to the street and limited in what could be done. 12. Commissioner Quill asked if they intended to cantilever the building. Mr. Tarr stated they had considered it, but the stem wall works fine for them. 13. Chairman Kirk asked about the concerns that had been raised about the retention basin. Mr. Tarr stated it is a cost benefit ratio. The City does not have clear criteria as to what is required. Based upon their meeting with staff, the City prefers the more expensive alternative for underground. They are analyzing their options. They have no objection to amending the Specific Plan to address some of these issues. He noted the maintenance of the retention basin will be included in the rental contracts as common area costs. 14. Commissioner Quill asked where the tenants will deposit their trash. Mr. Bill Sanchez noted the location of the trash enclosures on the site map. Mr. Tarr stated the maintenance will be included in the CC&R's for the Center for maintenance. He would like to request the memo submitted by staff dated September 27, 2005, with the revised changes be adopted. They only condition they are in disagreement with is Condition #36, regarding driveway access and circulation. They believe they have all the accesses that are needed and request Condition #36 be deleted. 15. Commissioner Daniels asked if this portion of the Center could be redesigned to move the retention basin. Mr. Tarr they do not believe there is a viable design that gives them the efficiency they need. Discussion followed regarding benefits to the present design. 16. Commissioner Quill stated with this design the tenants delivery trucks will be dropping off at the front door. He cannot see how a semi -truck can get in and out of the loading dock as designed. Mr. 269 G:\WPDOCS\PC Minutes\9-27-05.doc 6 Planning Commission Minutes September 27, 2005 Tarr stated these tenants use the smaller trucks. He noted the circulation on the site plan and discussion followed. Mr. Tarr noted the access would be constructed on the future phase, east of the parcel map for this project. 17. Commissioner Daniels asked if along the east side of the building there is a driveway that connects to the driveway behind Lowes. Mr. Tarr stated yes. 18. Commissioner Quill noted that is not where the trash enclosure is or where the shop loading would be located. Mr. Sanchez clarified the loading areas for the sub -major and the shops on the site map. 19. Chairman Kirk noted the Specific Plan has been approved and typically when a Site Development Permit is brought back, the focus will be on the architecture and landscaping and yet on this application major issues are being addressed that should have been resolved when the Specific Plan was being considered. How much discretion does the Commission have addressing issues that conceptually were approved in the Specific Plan. Community Development Director Doug Evans stated that circulation and circulation phasing can be discussed at each phase of the development. With regards to the specific plan flexibility, this City has reviewed Site Development Permits for conformity to a specific plan and staff does believe this site plan does conform as far as location of buildings and primary access points with the exception of the one concern. We do have issues with the access and retention basin but a Memorandum of Understanding was entered into to resolve several of these issues. Assistant City Attorney Michael Houston added that while the City takes the position that specific plans do confer entitlement, a discretionary body does have the ability to add additional discretionary conditions at a subsequent approval process; especially when the site has not been built. If additional traffic impacts need to be studied, it would be appropriate to have that study done and not take action. With respect to the retention basin, he would defer to the Public Works Department to the particulars. It may be appropriate to amend the Memorandum of Understanding (MOU) that exists between the City and the developer should the Commission desire so. 20. Chairman Kirk asked why and when was the MOU entered was into. Assistant City Engineer Steve Speer stated in May, 2004 and because the City and the developer could not come to terms in 270 G:\WPDOCS\PC Minutes\9-27-05.doc 7 Planning Commission Minutes September 27, 2005 regard to how much water they have to take onto their site. The Specific Plan has proposed the location of the basin at this location. Chairman Kirk asked if the MOU precludes the Commission making suggestions in regard to the retention basin or the design of the retention basin requiring the under grounding of the retention basin. Staff stated the City did not require it to be under grounded. This was the option the developer determined. Staff worked on how much water had to be retained more than where it should be retained. 21. Commissioner Daniels asked if the developer had submitted an "L" shape design would the City found that compatible with the earlier approval. Community Development Director Doug Evans stated the Commission could have made the findings that it did not change the intent of the approval. If the Commission wants to pursue the retention basin further, staff would recommend continuing the application to allow further time for review in relation to the MOU. 22. Chairman Kirk stated this is a good looking commercial project, and it would be a benefit to get it approved as soon as possible. Mr. Tarr stated the retention basin was designed as part of the overall hydrology for the entire Specific Plan site. It was not designed as a part of just this particular building. 23. Commissioner Ladner asked if staff was comfortable with the retention basin and overall circulation plan. Assistant City Engineer Steve Speer stated they have no issue with the retention basin. In regard to the circulation, staff does think proving another connection to the north -south street that connects to Avenue 47 would be useful. Additionally, in regard to traffic onto Washington Street, the big concern about the signal is to keep traffic flow moving on Washington Street. Stacking will cause people to look for an alternate route and this is why staff is looking for those alternate routes. The temporary road behind Lowes would be a solution. 24. Chairman Kirk closed the public comment portion of the hearing and opened it to Commission discussion. 25. Commissioner Quill stated he understands the site has been engineered to meet the water demand, but it seems it could have been designed to be more aesthetically pleasing if hydrology was 271 not the driving ' force for design. He does believe loading and G:\WPDOCS\PC Minutes\9-27-05.doc 8 Planning Commission Minutes September 27, 2005 unloading will take place in the front of the building instead of rear and the rear access is not going to be easy. He has concerns that when the signal is installed and does not work in sequence with the signal at Highway 1 1 1, it will be a nightmare. He agrees the temporary street would be to the benefit of everyone. He questions why there are no parkway landscaping plans in this submittal. Community Development Director Doug Evans stated that if it is not already approved they will have to submit it for approval. 26. Chairman Kirk reopened the public comment. Mr. Tarr stated the streetscape has already been approved under prior approvals. 27. Chairman Kirk closed the public comment portion again. 28. Commissioner Daniels agreed the three signals at Highway 1 1 1, Simon Drive and Point Happy will all need to be in sequence. The applicant has made a good argument for the retention basin being where it is, but he still believes it was not good planning and should have been caught before. 29. Commissioner Ladner stated that in regard to the retention basin she has a problem with liability and believes that the rear location is better. It is a high -end development and believes it will be maintained by the tenants. As to the access road she believes it is necessary to have access to Avenue 47. 30. Chairman Kirk noted the design of the building is good, however he would prefer to have the fine architecture closer to Washington Street and therefore agrees with the retention basin in the rear. He does object to the sea of asphalt next to Washington Street. He would like to see the developer and City come to some agreement that is a cost benefit and provide the underground retention. This could resolve a lot of the issues raised for the rear of the building. He would also like to see the temporary access behind Lowes constructed and would support keeping Condition #36. In addition, he would support accelerating development of the access across the site. In terms of loading access, he would like to see a diagram to ensure that the circulation works. Therefore, he would like to continue the application to review some of these issues. At that time show the articulation of the elevations as well as the design on the rear of the building as well as increased landscaping. 272 G:\WPDOCS\PC Minutes\9-27-05.doc 9 Planning Commission Minutes September 27, 2005 31. Commissioner Daniels stated he would be more comfortable if the retention basin were underground. 32. Commissioner Quill stated he does not believe under grounding the retention basin would solve the issues. He would suggested some of the issues could possible be resolved at this time and not continue the application. 33. Chairman Kirk reopened the public hearing. Mr. Tarr pointed out the location of the proposed retention basin for Phase 3. The under grounding at this location will not work and would be a million dollars in costs. In regard to the roadway, how do you articulate it make it easy. They can design cul-de-sacs for temporary turnarounds for the loading behind the shops. In regard to the elevations, they do have a lot of vertical as well as horizontal articulation. The rear of the shops could have some articulation, but they are the rear of the buildings. Mr. Kerredy stated there are some areas to break up the parapet and introduce some alternative materials to break up the rear. 34. Chairman Kirk asked if the applicants suggestion for the temporary access would be acceptable to staff as well as the applicant to not hold up the project. 35. Commissioner Quill suggested Condition #36 be revised to read, "...the temporary road access would be installed prior to a Certificate of Occupancy being issued." 36. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-040, approving Site Development Use Permit 2005-840, as recommended and amended: a. Condition added: A temporary road shall be constructed and maintained across the southeast portion of the site prior to a certificate of occupancy. b. Condition added: A turn around for loading and unloading and trash shall be added to the east side of the building. C. Condition added: Additional articulation shall be added to the rear of the building. ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Alderson. ABSTAIN: Commissioner Daniels. 273 G:\WPDOCS\PC Minutes\9-27-05.doc 10 Planning Commission Minutes September 27, 2005 Commissioner Alderson rejoined the Commission. E. Site Development Permit 2005-837; a request of ND La Quinta Partners, LLC for consideration of architectural and landscaping plans for a Guard House complex for the property located on the south side of Avenue 52, midway between Madison Street and Monroe Avenue within the Madison Club. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked for an explanation of the buildings at the entrance. Staff explained the layout. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Gamlin, representing the applicant, gave a presentation of the project. He asked that Condition #43 be deleted as they believe they had negotiated the best solution with both the City of Indio and La Quinta in regard to the entrance. Community Development Director Doug Evans suggested it not be eliminated, but allow staff to review the documents Mr. Gamlin referenced, and not require a Specific Plan Amendment. 4. It was moved by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-042, approving Site Development Use Permit 2005-837, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. F. Environmental Assessment 2005-543 and Tentative Tract Map 33444; a request of Coral Mountain Tails, LLC for consideration of the subdivision of approximately 317.61 acres into 219 residential lots, amenity lots, street lots, and open space lots for the property located west of Jefferson Street, south of Quarry Ranch. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which was on file in the 7 G:\WPDOCS\PC Minutes\9-27-05.doc 11 Planning Commission Minutes September 27, 2005 Community Development Department. Staff explained the reasoning behind the condition changes. Community Development Director Doug Evans gave a further presentation on the roadway and site plans with the necessary easements. John Criste, Terra Nova Planning and Research gave a presentation on the environmental documentation. 2. Commissioner Daniels asked if the developer was agreeable to meeting the concerns of those issues raised in the letters received from the U. S. Fish and Wildlife Service and the Department of Recreation and Parks. Discussion followed as to each of the issues raised in the letters from Fish and Wildlife and the Department of Recreation and Parks. Commissioner Daniels asked if the Jefferson Street alignment was still subject to the environmental review. Staff stated the curve is subject to one more environmental review currently being done. Staff has met with the Bureau of Reclamation and Coachella Valley Water District and they have no issues with the realignment. Discussion followed regarding the environmental documentation. 3. Commissioner Alderson asked if in the environmental review, were there any element of risk where a rock fall mitigation should be included. Mr. John Criste, clarified they have been incorporated into the mitigation measures. Commissioner Alderson asked if the construction of a fence had a time frame. Mr. Criste stated a fence is not required unless there is a determination that Big Horn Sheep do encroach into the area. The mitigation measure requires for the organization of a 3-party committee. Fish and Wildlife is asking to be included in that committee. Community Development Director Doug Evans explained this is private land and not subject to Federal control, that is why Fish and Wildlife were not included. 4. Commissioner Quill asked if this land was part of the Federal Wilderness lands. Community Development Director Doug Evans stated it would have to be owned by the federal government and it is not. Commissioner Quill asked if this was part of the land covered by the Coachella Valley Multi -Species Habitat Conservation lands. Community Development Director Doug Evans stated the City is in discussions with the Bureau of Land Management, Fish and Wildlife Services in regard to the Multi - Species Plan in regard to the Jefferson Street alignment. 5. Commissioner Daniels asked if there was a better name for this street. Community Development Director Doug Evans stated a 275 G:\WPDOCS\PC Minutes\9-27-05.doc 12 Planning Commission Minutes September 27, 2005 street name change may be something to consider at a later date. Commissioner Daniels asked if the developer would have to pay the Multi -Species fee. Staff stated that once the Agreement is adopted, the developer will have to pay the appropriate fee. 6. Chairman Kirk asked why the comment period ended with the date of the hearing. Mr. Criste explained the process. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Tom Cullinan, representing the applicant, gave a presentation on the project. He introduced Mr. Peter Ministrelli, principal owner and Mr. Anton Merincovich, architect for the project. 8. Commissioner Alderson asked the type of architecture. Mr. Merincovich stated "dynamic modern". 9. Chairman Kirk questioned whether or not the property owners in the Quarry were truly aware of the project. Mr. Cullinan stated the location of the sewer connection has been determined by the Quarry development. 10. Commissioner Alderson asked if the applicant had any objections to Condition #52. Mr. Cullinan stated he has no objection as long as it states "prior to final map". 11. Commissioner Quill asked if the CVWD had been involved with the design. Mr. Cullinan explained what work and studies had been completed. Commissioner Quill asked if the project was designed for the 500 year flood. Staff stated the City's requirement is for the 100 year storm. 12. Chairman Kirk asked if the driveway proposed at the southeast corner of the project complies with the Hillside Ordinance. Staff noted the change to the map to take the access off of Jefferson Street. Discussion followed regarding how access is taken from certain lots. 13. Commissioner Alderson asked if the homes across Jefferson Street would be gated. Mr. Cullinan stated there will be a card gate and it will be a part of the HOA. 14. Chairman Kirk asked if there would be any enhanced paving to assist pedestrian movement or traffic calming methods. Mr. 2 ►7 6 G:\WPDOCS\PC Minutes\9-27-05.doc 13 Planning Commission Minutes September 27, 2005 Cullinan stated they are agreeable to any suggestions. 15. There being no further questions or public comment, Chairman Kirk closed the public participation portion of the hearing. 16. Chairman Kirk stated his concern regarding the grade differential between some of these lots and the property owners at the Quarry and them not being aware of the project. It seems it would be to the advantage of the Quarry to provide a better sewer connection. Community Development Director Doug Evans clarified the lots in the Quarry that would be affected are undeveloped and the owner has been in discussions with the City/applicant regarding this development and were part of the discussions regarding the sewer easement. 17. Chairman Kirk reopened the public hearing. Mr. Tom Culinan suggested the condition be modified to state that if a different sewer connection is provided the grade differential would be reduced. 18. Chairman Kirk asked if the applicant had any concerns regarding a risk of litigation concerning the issues raised. Mr. Wayne Gurilnik, attorney for the applicant, stated they are willing to take the risk. 19. Chairman Kirk closed the public participation. Community Development Director Doug Evans asked that Condition #38 be modified to state that if a different sewer connection is provided a lower pad elevation shall be provided. 20. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-043 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-543, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 5. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-044 recommending approval of Tentative Tract Map 33444, as recommended and amended: 277 G:\WPDOCS\PC Minutes\9-27-05.doc 14 Planning Commission Minutes September 27, 2005 a. Condition #38: amended to stipulate the owners of the lots in the Quarry shall be made aware of the grade differential. b. Condition added: City staff shall take extraordinary steps to see that the property owners shall be contacted. C. Condition #52: add, "...prior to recordation of the final map." b. Condition #58: Existing overhead utility lines, if any, within, or contiguous to the proposed development, and all proposed utilities serving Coral Canyon, shall be installed underground. The applicant is required to design and install any modification to existing utilities located in the existing Avenue 58 to properties and development to the west of the proposed Jefferson Street Realignment. The costs to design and install modifications shall become a part of the Reimbursement Agreement. b. Condition #62.A. The applicant shall enter into a Reimbursement Agreement with the City of La Quinta, in a form and content satisfactory to the City Public Works Directorand the City Attorney, for construction of Jefferson Street from the northerly terminus at Avenue 58 to the Tentative Tract Map No. 33444 northerly boundary (Items 2) and 3) above). Said reimbursement shall not include any upgrade work proposed by the applicant. The applicant is responsible for all cost to design and construct of Jefferson Street Improvements (Item 1) above) within the property boundary. The applicant may construct improvements within the Jefferson Street right of way in phases as approved by the City Engineer. As proposed by the applicant, the first phase shall be for a curbed median with a 13-foot travel width, 6- foot bike lane and 2-foot shoulder on both sides of the west and east side of Jefferson Street. The Second Phase shall be for the remainder of the full improvements as conditioned above. C. Condition #66. General access points and turning movements of traffic are limited to the following: A. Primary Entry to the West Side Development and East Side Development (Jefferson Street): Full turn movements are allowed. B. Emergency EntrylSecondary Exit Only to West and h East Development (Jefferson Street, 850' south of 1 8 G:\WPDOCS\PC Minutes\9-27-05.doc 15 Planning Commission Minutes September 27, 2005 the Primary Entry): Emergency vehicle access only and Secondary Exit Only. d. Condition #71 . No building permit No certificate of occupancy shall be issued for new residential units until the construction plans for of Jefferson Street are approved and a construction contract is awarded, is completed to the main entry gate and approved by the Public Works Director. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. VII. DISCUSSION ITEMS: VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Review of City Council meeting of September 20, 2005. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 11, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:45 p.m. on September 27, 2005. Respectfully submitted, et J �S yer, Executive Secretary City of La Quinta, California w W N G:\WPDOCS\PC Minutes\9-27-05.doc 16 Department Report: /-A _ `�44 fGG+itrGv OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manage� 1 �111 DATE: October 18, 2005 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the October 4, 2005, City Council meeting: 1. Michelle Germaine, 43-610 Milan Court, spoke regarding the destruction of a brick wall by Granite Construction on the property behind her house, and wanted to know whether Granite can come onto an owner's property with the owner's permission? • Mayor Adolph stated he received a call from Scott Arthur on Sunday night regarding the damaged wall. Since the City does not own the land where the wall is located, this is a civil matter between Desert Sands Unified School District and Granite Construction. 2. Michael Livingston, 80-865 Vista Grande, Ira Boiko, 44-750 Seeley Drive, and Lori Fahwestock, 80-065 Vista Grande, all spoke regarding the gate separating their neighborhood from the Indian Springs Apartments and its continuing impact on their lives and their neighborhood. • Council directed staff to pursue the matter and see if there is anything that can be done by way of a barricade until the City of Indio resolves this issue, and asked that the Police Department increase their presence in the area in the interim. The City Attorney is researching the specifics of the Agreement entered into between Indio and the apartment complex owner, and will report back. 2SO -�- DEPARTMENT REPORT:-� w5 OF I9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: October 18, 2005 RE: Continuing Action Regarding the Expenditure of Public Funds Pertaining to an Emergency Contract for the Construction of the SilverRock Resort Mountain Drainage Improvements On July 19, 2005, the Agency approved Resolution No. RDA 2005-010 delegating the City Manager authority to respond to the stated emergency without giving notice for bids to let contracts as defined in Part 3, Chapter 1, Article 4 of the Public Contract Code. In accordance with Chapter 2.5, Section 22050 (b)(3) and (c)(2) Emergency Contracting Procedures, of the Public Contract Code, the City Manager shall report to the Agency at its next meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. Further, the Agency shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least every regularly scheduled meeting thereafter until the action is terminated, to determine that there is a need to continue the action. On September 20, 2005, the Agency approved a Finance Agreement with the City of La Quinta and the Agency and appropriated an additional $273,000 from General Fund Reserves to the SilverRock Resort Construction Account for the construction of SilverRock Resort Golf Course Grading and Drainage Improvements, Project No. 2002-07L. On September 23, 2005, contracts were delivered to Landscapes Unlimited for execution. Landscapes Unlimited has scheduled work to begin on October 3, 2005. Work in the playing areas of the course will not begin until the golf course closed for over seeding on October 10, 2005. 081 DEPARTMENT REPORT: 3' A CITY COU NCI US UPCOMING EVENTS OCTOBER 18 CITY COUNCIL MEETING OCTOBER 25 JOINT CITY COUNCIL/COMMISSION MEETINGS 5:00 P.M. NOVEMBER 1 CITY COUNCIL MEETING NOVEMBER 2 VOLUNTEER POLICE/FIREFIGHTERS DINNER - 6:30 P.M. NOVEMBER 15 CITY COUNCIL MEETING NOVEMBER 16 LIBRARY GRAND OPENING - 3:00 P.M. DECEMBER 6 1CITY COUNCIL MEETING DECEMBER 8 HOLIDAY OPEN HOUSE DECEMBER LOT" EMPLOYEE RECOGNITION DINNER DECEMBER 20 CITY COUNCIL MEETING 2 g October 2005 La Quinta City Council Monthly Calendar Printed by Calendar Creator Plus on 10/12/2005 ti 3 3 November 2005 La Quinta City Council Monthly Calendar TTTtTr 2 3 4 5 October ncil • PM City Council 2.00 Y 10: 0 A M ALRC 0 12 00 PM Mayors Lunch 9:00 AM 4:00 PM SJS R S M T W T F S Meeting g 30 PM 6 Volunteer Ntl. Mnmt-Henderson — 2 3 1 4 5 6 7 8 Police/Firefighters Dinner 9 10 11 12 13 14 15 16 17 23 24 18 9 20 21 22 1 25 26 27 28 29 Election c ion Day 30 31 IIII !!!ii!a!i!iii 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC• 12:00 PM Energy/ Abate. -Perkins Henderson Environ.-Sniff IL 7:00 PM Planning 5:30 PM Investment Commission Advisory Board Veteran's Day (City Hall Closed) 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Library Grand 3:00 PM Historic Preser- 10:00 AM Pub. Sfty 2:00 PM City Council Opening vation Commission Perkins Meeting 12:00 PM Transp•Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Human/Comm- Commission Osborne 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp• Thanksgiving Day (City Thanksgiving Holiday Osborne Hall CLOSED) (City Hall CLOSED) 2 7 2 8 29 3 ..iii!. !.i..i :.I. ...,.. ...i i, i! ... I ,Ir iiiii;„Ii i i i ....:..:!:!!!... AM RCTC Budget • I' I,......... i. !,LL. December Henderson iirr'r!r iii. i I....... I!i.. !.I......... !`lijllij T W T F S 6:00 PM Exec Cmte.• ! L ! In 1 2 3 Adolph i e. ,1 I. !.....; . iii . is .....:....,. r! I. I li . 5� 7 8 9 11 12 13 1 4 15 16 10 17 Yi>ii� rii!i ! !.I.........!. I. ......... �I!I: 1 2 18 9 0 21 22 23 24 ., .I I. .. I .i . .I..i I I. .,.i.ii ! 2 30 25 26 27 28 9 31 illrll?i lili'i€:::- I I.I.I.,..: '�:1:: �: !�r '� i„ I I ..I i i. .. li . . !.i ,! ..I iiiii lli�jin!e!:N!!ii;i`:•.• :................................................................................................................................................................ Printed by Calendar Creator Plus on 10/12/2005 ? Q `i December 2005 La Quinta City Council Monthly Calendar 18 19 20 21 22 23 24 9:00 AM CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting F1 Christmas Eve (City Hall CLOSED) 1st Day of Winter 25 26 27 28 29 30 31 VHumanlComm- ANIL 7:00 PM Planning Commission 12:00 PM Osborne yy 12:00 PM Sunline-Adolph . Christmas Day Christmas Holiday Observed (City Hall 4:00 PM OKRA Airp- Osborne New Years Eve (City Hall CLOSED) Closed) Printed by Calendar Creator Plus on 10/12/2005 p DEPARTMENT REPORT: - //— c 61. Nty/ 4 4 Qum& TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety (' 4. DATE: October 18, 2005 RE: Monthly Department Report - September 2005 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of September. The reports depict the following highlights: • Year to date building permit valuation is $37,852,849 which represents an issuance of 4,425 building permits through September; • 2,356 animal control cases have been handled through September; • 1,824 code compliance cases have been initiated through September; • $1,390.00 - garage sale permit income in September �+ e p `� cu o a CD er oil '4 d 0 y y rA O '"3 con O O � 1 W vi �p �--• vi �O O G1 C� �D 00 D1 � 00 O 01 `O -1 -.1 00 000 0 "0N J N O 01 r C y 00 DO N "O �O DD i,� to O �O O O 01 00 00 00 N -1 t!i 01 � 01 N 00 O O to CJ � y � A C11 w O O �• cli 00 �O w w a1 a1 Oo "" C. C y o � o W a C/1 �p N ON w w N .P w G1 01 r0 w O O w A O 00 w to w 01 00 .P �-' O w �c A� N w J ONJ0Wi1 �0C11 �N N0tP!0Oi Mimi W0wO1 �OW00 �t~0i01� rO��Wo OOhNo ■'O�•„ Ic§ Ils", 99u 99D j;w7j- fD jEw C7 00 ,"'•' o w w a1 �" a ►�-+ v�i N 0 y o O w .A C 1 N w N I'O O O W 00 01 01 W O .P -A O 4 O\ N -O W �l -1 �l O �O O W 01 �O W of "I-1 UU*, N N N O N �-. 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N W Ol W O\ Y J W J J m O 0 0 W 0 J I m . t0 O D W m 01 Y O O N O. O. .Q\ 0 Y N O V1 rP N. O l0 O O (o O m O 0) W w N O Y J m m 0 In 0 0 m rP m O Vl O t0 m 0 0 L, O lP 0 0 - � Ln O O IP J m o o 0 o W W N O O IA w Y Y p 0) O Y N W IP O Y O Y Y Ol IP w J J W N �0 O O Y Y N N N H O Y N O m m Y a Y W N N W N Y N W W O Y Y I0 .P IP N lJl w N 0 0 0 H N W w N m O Y m Y 0 Y W J H lJ1 w N m m IA W N Y IP �O w m lJl 01 IP w m J w Y V1 O IP N (/1 W N N m m IP 0� V1 w O O m W l l0 O O O O 1p J IP Y m 1p m N Y W O m Y Y W m Y O 0 0 l0 m 0 �P m J O O W O O W V1 N Vl IP 0 0 0 0 0 Y 0 0 1p ptj l N J m 0 0 0 Y O O O W O O IP J a1 Y Vi m a Y a m to Y m Y w ,a m v1 N N Vi H Y m m N N O W J lf1 Y Y Y pl Vl O J W Vt N N 1p Ul J W l0 W Nl0 �0 O w N O O N O Ol W Y O. . . . J l0 O O - O O J m .Jl T. Ol O O O a\ O J O .P m J 0� J 0 0 0 N Y O O O O lIl IP U1 l0 N O O O m 0 Vl O J J N O O W O O O O W O O 01 O O m O W ro t70'7 � I I m�aoM ro l l ro x� rollyH a r I I h u) H cn I H v) x H 3 C m m m w zt7ro13 m I I H m Y ;v I ro a7 H z ImH H ;n O cn H I I to zC7H in C". H H x I rcn �o to q H I tJ ro m l o o m ro I z•nH.t r ro I G) o m I 1= Ca) I m r nro Lr 0 I H C C O t' + n yd mmaon H I m�oC:�, z I H z I-3 K H H H�Oo �z H w K O H m� ro�K ml moro m I cn v1 m 288 3 ANIMAL CONTROL REPORT FOR: September 2005 Steve Alexander, Moises Rodarte, Kevin Meredith, Megan Fisher Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO Sept. 05 DATE 05 DATE 04 HANDLED Sept. 05 DATE 05 DATE 04 Dogs Alive 24 268 263 Bite Reports 2 23 26 Dead 19 82 64 Animal Trap OTI 1 27 24 Set Ups 5 88 25 Cats Alive 17 183 150 Cruelty to Dead 11 77 59 Animals 0 8 0 OTI 0 13 6 Other Animals Alive 7 107 79 Vicious Animal Dead 4 55 77 Restraining 1 7 5 OTI 0 0 1 TOTAL ANIMALS Special Hour Patrols 1 76 41 Alive 48 558 492 Zoning 0 0 2 Dead 34 214 200 Lost/Found 0 297 371 OTI 1 40 31 Animal Rescue 0 7 16 Outside Agency 1 1 0 TOTAL ANIMALS REMOVED City Reclaims 0 69 88 Other 72 256 192 83 812 723 TOTALS 82 832 766 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 48 6 1 Noise Disturbance 3 0 0 Defecation Removal 0 0 0 License Violation 22 0 0 Other 0 0 0 MONTHLY TOTAL 73 6 1 YEAR TO DATE 412 254 46 TOTAL MONTHLY INCIDENTS HANDLED: September 05: 245 September 04: 206 TOTAL YEARLY INCIDENTS HANDLED: September 05: 2356 September 04:1731 4 CODE COMPLIANCE STAT REPORT FOR SEPT. 05 SEPT. 05 YEAR TO DATE 05 YEAR TO DATE 04 ABATEMENTS: Nuisance Abatements Started 208 1085 883 Weed Abatements Started 12 156 62 Vehicle Abatements Started 84 513 689 Building Code Violations Started 9 70 18 TOTAL STARTED 313 1824 1652 TOTAL COMPLETED 190 2236 1474 Case Followups 345 3761 2579 Home Occupation Inspections 10 98 102 Business License Inspections 2 6 1 Garage Sale Permits Issued 139 1089 1265 5 DEPARTMENT REPORT: 'E Tay 4 4 " MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building and Safety l & DATE: October 18, 2005 SUBJECT: Medical Caches Per the City Council's request at the October 4th meeting, please find attached an itemized list of the contents of the medical caches. Each cache consists of five color coded boxes about the size of an under counter refrigerator. They are sealed so that is immediately evident if the contents have been tampered with. There are two caches located in La Quinta, one at City Hall and another at the High School. 291 JOHN f. KENNEQY MEMORIAL HOSPITAL Z0 3Jdd 47.111 MONROE STREET INDIQ CALIFORNIA 92 4 79 Mmc PRM= MODULE 3 GREEN MEDICAL SUPPLIES DESC QTY MIS YBND CATNO APPLICATOR COTTON TI 100 0768 1008 BAXTER C15053-006 BANDAGE ELASTIC 4" 10 0063 1179 GIN • 222390 BANDAGE ELASTIC 6" 4 0064 1279 G/M 123391 BANDAGE RLR GZ 4" 12 SORD 1179 G/M 181473 CLAMP KOCHER 6" 4 CIS 1062 1 6 J 32-4100 BANDAGE TRIAN= AR 5 SORD 1179 O/M 060177 BASIN EMESIS 5 0742 1179 G/M 277648 COLLAR STIFF NECK 4 4818 9248 C MY 09-1174 OSTOMY DRAIN SAG 1 4365 2000 SOLL(SPD) 3724 BAG URINE DR41N 1 0339 1.179 G/M 146120 BANDAID 1 X 3 200 1082 1179 G/M 115847 GAUZE 4 X 4 STRL 50 0105 1179 G/M 10021 PAD EYE 12 0091 1179 G/M 10011 SHIELD FOX EYE. 6 SORD 1179 G/M 45890 �• GLOVE NIS NED 1 BX 0377 1009 BAXTER 8877 GLOVE STERILE SURG 7 2 PR 0381 1008 BAXTER 2D7253 GLOVE STERILE 7.5 2 PR 0382 1003 BAXTER 2D7254 GLOVE STERILE 8 2 PR 0383 1008 BAXTER 2D7255 GOGGLE SAFETY 3 EA 4788 1008 BAXTER 46969-101 HIBICLENS SCRUB BRSH 10 1204 1179 G/M 205149 CATH IV 18 X 2.0 OVN 5 0357 1008 BAXTER CT4064 NEEDLE IV INTRAOSSE 5 5335 1008 BAXTER PDIN1518 IV SOLN.9 NACL500 12 0416 1111722 TRAVENOL 2B1353Q CONTAINER MOD GREEN 1 CACEE NEEDLES 18 X 1.5 100 0018 1179 G/M 433 16404-520 NEEDLE NRV BLK20 X7 NEEDLE`SPNL 22 X 3" 5 x 10 SPOR 0366 1008 BAXTER M 424 DRAIN PENRSE TNQT lot 5 0459 1279 G/M 13397 RAZOR DISP 5 0477 1008 BAXTER D4415B 1 SAW NIS W BLADE/STAN 2 20 0465 S 1179 GIN 10641 SCALPEL #10 SCALPEL #11 20 0466 1179 G/M 10642 SCALPEL #15 20 1 0462 SORD 1179 1179 G/M G/M 10644 175495 SPLINTER FCP FEILCHE STERI STRIP 1/4 X 3 50 0026 1179 G/M 5784 STERI STRIP 1/2 X 4 50 0028 1179 G/M 5785 SUTURE NLN 3-0 FS1 24 5019 1179 G/M 2613 SUTURE NLN 4-0 FS2 24 SORD SORD 1179 1179 G/M G/M 2609 SUTURE NLN 5-0 FS2 SUTURE SLK 2-0 FS 24 12 4230 1179 GIN 2661 SYRINGE 10 ML 50 0011 0015 1172 1179 G/M G/M 221056 212202292 SYRINGE 1 ML SYRINGE 3ML 10 50 0009 1179 G/M 189500 - .. - w A . • r - .. r. / .. n �.. 1 1 Ap .- r iS3no 6808-SLL-09L ZT:TZ 500Z/60/0T JOHN F. KENNEDY MEMORIAL HOSPITAL d7-111 MONROE STREET tND10, CALIFORNIA 9220) 619.347.6191 MDRMOD 3 �(pRe�IV TAPE DUCT 5" 1 TAPE ELASTIC 3" 2 DIPSTICK URINALYSIS 1 TRAY LACERATION Z TUBING MACRODRIP 3 PHARMACY SUPPLIES DESCRIPTION CEFIZOX/CEFTIZOXIME INJ. CEPHALEXIN SUSP. CLEOCIN/CLINDAMYCIN INJ. STERILE WATER INJ. SODIUM CHLORIDE INJ. INSULIN HUMAN REGULAR KETAMINE/KETALAR INJ. MANNITOL/OSMITROL INJ. MARCAINE/BUPIVACAINE INJ, NUBAIN/NALBUPHINE SILVADENE CRM/SULFADIAZINE LUMBERMANS 0069 1179 G/14 294587 PHARMACY 1446 1179 G/M 104753 1549 1172 TRAVEN 2C6537 STRENGTH QTY lgm 30 250mg/5ml 4 900mg 25 10ml 25 0.9%-loml 25 100u/10mi 10 50mg/loml 10 25%/12.Sgm/50ml 25 .5%/50ml 10 10mg 10 50gm 2 i EXP 60 39dd 293 1S3no 68b8-SLL-09L ZT:TZ 900Z/60/0T JnWN F_ KENNEDY MEMORIAL HOSPITAL 47-111 MONROE STREET INDIQ CALIFORNIA 92201 DESC BATTERY AA BATTERY C BATTERY 9V CUFF BLOOD PRESS BAG URINE DRAIN FLASHLIGHT W/BATTERY CATH FOLEY 14F 5CC CATH FOLEY 16F 5CC OATH FOLEY 18F 5CC LATEX GLOVE N/S BX HARD HAT HEADLAMP MINERS IV SOL D5 1/4 US JELLY LUSE TUBE 2OZ MOD CONTAINER GREY NYLON CORD 1/8 " OB KIT DISP RADIO AM W/BATTERIES SCISSORS HEAVY EMT STETHESCOPE SYRINGE IRR 60 ML TAPE DUCT 5" TAPAULIN NYLON 6 X 8 THERMOMTER ORAL TAG TRIAGE VAG SPECULUM DISP WATER FILTER WATER PUFIFIER TAB CHARTS WATERPROOF PEN WATERPROOF TIE WIRE 16" PLASTIC GLOVE WORD CLOTH TUBING MACRODRIP JELCO 180 COLLAR STIFF NECK COLLAR STIFF NECK LIGHT 8RK CYLAMINE OPHTO/OTO BATT OPER COPPER WIRE 13ETADINE SPONGE SHARPS CONT A 8 12 2 2 2 2 3 2 4 2 2 4 12 4 1 3 1 1 3 3 2 2 3 50 1 1 1 BX 50 12 50 2 6 2 2 2 1 1 10 Mmc PROM= MODULE 4 G"Y , MEDICILL SUPPLIES 0695 1179 G/M 0693 U79 G/M 3074 1179 G/M SORD 1005 BXTER 0339 1179 G/M 0697 1155 JASON 0030 1179 G/M 0053 1179 G/M 0048 31179 G/M 1502 1808 BAXTER S L1R SAFETY 0441 1172 TRAV 0093 117! G/M CAcm $ORD 1358 PHS RA=0 SHACK SORD 1179 G/M 5158 1179 G/M 0353 1179 C/M IAMU13tMAN LUMJINERINIANS 5328 1009 BAXTER 0480 92M OSmms OSBllus 1147 EASTMAN 0701 1147 EASTMAN S ixwmmi1KAN5 5122 1172 TRAVENOL 0357 1003 BAXTER 4819 92U CURRY 4818 92U CMWY SORD S SORD 1008 BAXTER SORD S 0562 1179 G/M NS 1179 G/M N0656 CATNO 176473 176474 176476 30460-010 146120 3251 159901 159902 159903 8878 2B1074 4875 3101 40203 180828 167117 MC-101 PE750 2CG537 JJ3 055 09=13744 09-11744 98502*WH 236763 183118 i v bO 39VJ 1S3no 68b8-SLL-09L o94 ZZ:ZZ SOOZ/60/OZ a JOHN F. KENNEDY MEMORIAL HOSPITAL 47-111 MONROE STREET I14010. CALIFORNIA 92201 619#347-6191 MDRC PROJECT MODULE 4 WASHINGTON PHARMACY SUPPLIES DESCRIPTION TYLENOL/ACETAMINOPHEN TABLETS TYLENOL CHEWABLE ASPIRIN TABLETS COMPAZINE/PROCHLORPERAZINE DEXTROSE SYRINGE VALIUM/DIAZEPAM TABLETS VALIUM/DIAZEPAM INJ. ERYTHROMYCIN TABLETS GENTAMYCIN OPTH. DROPS .HALDOL/HALOPERIDOL INJ. SOLU MEDROL/METHYLPREDNISOLONE NARCAN/NALOXONE INJ. PHENERGAN/PROMETHAZINE INJ, IPECAC SYRUP ROMAZICON INJ. k x STRENGTH QTY EXP 500mg 100 80mg 25 325mg 100 10mg 25 50% 2 5mg 100 10mg 10 250mg 100 2 5mg 5 lgm 22 lmg 10 25mg 25 30ml 10 5ml 4 r 50 3Jdd 1S3no 68h8-5LL-09L ZZ:ZZ 500Z/60/0I AMJOHN F. KENNEDY MEMORIAL HOSPITAL 47-111 MONROE STREET INDIO, CALIFORNIA 92201 619.347.6191 MDRC PROJECT MODULE 5 BLACK- MEDICAL/PHARMACY SUPPLIES DESCRIPTION STRENGTH OTY EXP VERSED/MIDAZOLAM INJ. 10mg 10 TORADOL/KETORLAC 60mg 20 ROCEPHIN/CEFTRIAXONE INJ, 1gm 10 SUPPLIES THY MMIS VEND CATNO IV ADMIN MACRO LONG 20 5122 1172 TRAVENOL 2C6537 STETHESCOPE 4 5158 1179 G/M 180828 STAPLER SKIN PREM 35 6 1296 1179 G/M 220687 GLOVE N/S 1 0377 1008 BAXTER 8877 CATH IV JELCO 20G 10 0359 1179 G/M 190116 CATH IV JELCO 18G 10 0358 1179 G/M 187239 CATH IV JELCO 22G 10 1046 1179 G/M 190117 GAUZE 4X4's 50 0105 1179 G/M 10021 PREP PACKET ALCOHOL lbx 0356 1179 G/M 244883 BANDAID lbx 1082 1179 G/M 115847 TAPE CLOTH lbx 4839 1179 G/M 5776 PLASTER 3" 10 1283 1179 G/M 213725 SUTURE 3.0 NYLON 36 5019 1179 G/M 2920 SUTURE 4.0 NYLON 18 1179 G/M 2611 SUTURE 5.0 NYLON 18 1179 G/M 2609 SUTURE 3.0 VICRYL 12 4151 1179 G/M 103747 IV SOLN 11 0441 1172 TRAV 2B1074 STERILE TOWEL 4 4829 1179 G/M 152900 ` KERLIX "- 10 01lb0 1179 G/M 188393 ARMBOARD 5 0308 1179 G/M 52013 296 90 39dd iS3no 68b8-5LL-09L ZT:TZ 900Z/60/0T I JOHN F KENNEDY MEMORIAL HOSPITAL 47.111 MONROE STREET INGIQ CALIFQ�NIA 92201 619. 347 - 61 . MDRC PROJECT MODULE 2 BLUE MEDICAL SUPPLIES DESC QTY MIS VEND - AIRWAY NASOPHAR 12F 4 SORD 1179 G/M AIRWAY NASOPE" 14F 4 SORD 1179 G/M AIRWAY NASOPHAR 18? 4 SORD 1179 G/M AIRWAY NASOPHAR 22F 4 SORD 1179 G/M AIRWAY HASOPHAR 28F 5 4360 1179 G/M AIRWAY NASOPHAR 34F 3 4363 1179 G/M AIRWAY OROPHAR #1 5 0759 1179 G/M AIRWAY OROPHAR #3 5 0760 1179 G/M AIRWAY OROPHAR #4 6 0762 1179 G/M CHST TB CONECT SIN 1 5 1237 1008 BAXTER CHST TB TROCR 28 FR 2 N/S 1179 G/M CHST TB TROCR 32 FR 2 MIS 1179 G/K CHST TB TUBING 5 N/S 1008 BARTER BAG DRAIN URINE 4 0339 1179 G/M PAD ABD 20 1038 1179 G/M GAUZE VASL 3 X 36 12 0077 1179 G/M TUBE ET CUF 9.0 2 2639 1008 BAXTER TUBE ET CUF 5.0 1 0799 1008 BAXTER TUBE ET CUF 5.5 1 0800 1008 BAXTER TUBE ET CUF 7.0 2 0803 1008 BAXTER TUBE ET CUF 8.0 2 0805 1008 BAXTER TUBE ET STYLT 2 5360 1000 BAX TUBE ET UNCUF 3.0 1 0796 1000 BAXTER TUBE ET UNCUF 3.5 1 0797 1008 BAXTER TUBE ET•-UNCUF 4.0 1 ? 1100 1008 BAXTER TUBE ET UFCUF 4.5 1 0798 1008 BAXTER FORCEP ET INTUB 1 CRIS 1062 CODMAN GLOVE N/S MED 1 BX- 0377 1008 BAXTER GLOVE STRL SUR 7 2 PR 0381 1008 BAXTER GLOVE STRL SUR 7.5 2 PR 0382 1008 BAXTER GLOVE STRL SUR 8 2 PR 0383 1008 BAXTER GOGGLE SAFETY 1 4788 1008 BAXTER VALVE HEIMLICH 4 2224 -1179 G/M IV SLN 1000ML .9NACL 12 0416 1172 TRAVENOL LARYNGOSCOPE W/BLADE 10 BATTERIES C 2 0 693 1179 G/M CONTAINER MOD BLUE 1 CACHE 13zue CATNO 159677 134987 159676 42595 4397 4400 111742 84732 76487 P360 160723 161337 516500 146120 161468 46145 43159-050 43156-050 43156-055 43156-070 43156-080 43160-990 43158-030 43158-035 43158-040 43156-045 30-4340 8877 2D7235 2D7254 2D7255 46969-101. 10736 2B1353Q 14335 176474 w- R 297 L0 39dd 1S3no 68tb8-5LL-09L ZT:TZ 500Z/60/0Z o JOHN F. KENNEDY MEMORIAL HOSPITAL 47-111 MONROE STREET INDIO, CALIFORNIA 92201 619*347.6191 MDRMOD2 BLUE.: SUPPLIES SCALPEL #10 SUCTION CATH V VAC SUCTION DEVICE MASK SURG FACE ASEPT SUTURE 2-0 NYLON TAPE DUROPORE 1" RESUSCITATOR AMB BG TUBE ET STYLET VENT MASK KIT ADULT VENT MASK KIT PED TRAY LACERATION TRAY INSTRUMENT SCALPEL # 15 TUBE ET 6.5 TUBE ET 7.5 QTY MMIS VEND CATNO 2 0465 1179 G/M 10641 5 SORD 9242 CALIF MED 985001 1 SORD 9242 CALIF MED 985000 1 0525 1179 G/M 5805 2 4230 1179 G/M 2261 12 1037 1179 G/M 10383 2 1387 1179 G/M 176537 2 5361 1008 BAXTER 43160-994 2 1524 1502 TRIANIM 1184 2 3063 1502 TRIANIM 1185 1 1446 1179 G/M 184753 1 1251 1008 BAXTER 24008-010 2 0462 1179 G/M 10644 1 0802 1008 BAXTER 43156-065 2 0804 1008 BAXTER 43156-075 PHARMACY SUPPLIES ALBUTEROL/PROVENTIL INHALER SODIUM BICARA. SYRINGE XYLOCAINE JELLY STRENGTH 8.4%/50m1 50gm z QTY 2 20 2 EXP 80 3E)Vd 1S3no 68b8-5LL-09L ZZ:ZZ 500Z/60/0Z JOHN F. KENNEDY MEMORIAL HOSPIT'AL 47-111 MONSIOE STREET INOIO, CALIFORNIA 92201 . 47 • 6' mmc P=EcT e NOD= 1 RED Rd m=:[CAL SUPPLIES DESC QTY MMIB VWD CAT NO PREP PACKET ALCOH01 1 EX 0356 1179 GIN 244883 GAUZE STRETCH 4" 24 0101 1179 G/M. 108588 GAUZE 4 X 4 STERILE 75 0105 1179 GIN 10021 PAD AHD 20 1038 1179 G/M 161468 GLOVE LATEX EXAM N/S 1 BX 0377 1008 BAXTER 8877 GLOVE STERILE StJRG 7 2 PR 0381 1008 BAXTER 2D7253 GLOVE STERIL SUR 7.5 2 PR 0382 1008 BAXTER 2D7254 GLOVE STERILE SURD 8 2 Pit 0383 1008 BAXTER 2D7255 GOGGLE SAFETY 1 4788 1008 BAXTER 46969-101 STERI DRAPE 1050 2 0543 1179 G/N 5721 SCISSOR ALL PURPOSE) 2 SURD 1179 G/M 040203 SHARPS CONTAINER SM 1 HSK 1179 G/M N0654 225268 IV SLN 1000ML .9NACL 12 0416 1172 TRAVENOL 2B1353Q IV SLN 500ML 38NACL 12 0400 1172 TRAVENOL 2R1324 MODULAR CONTAINER 1 CACHE IV CATH 22 GAUGE 3 1046 1179 G/M 190117 BETADINE SWAB 3PK 3 0309 1136 BERGEN 589572 1 SYRINGE 3 MT, 22 1.5 50 0012 1179 G/M 172727 IV ADMIN MACRO LONG 24 5122 1172 TRAVENOL 2C6537 i CATH 0/NDL 16 X 2 10 1406 1179 G/M 195663 IV CATH O/NDL 18 X 2 10 0358 1179 G/M 187239 IV CATH O/NDL 20 X 2 10 0359 1179 G/M 190116 IV CTDN INST CTH INT 2 1251 1008 BAXTER 24008-010 V CVP TRAY (ARGON) 2 1404 1008 BAXTER 70320HKI IV FLOK REGULATOR 5 z 1332 1172 TRAVENOL 2C7565 IV NDL-I1MOS SURFST 5 5335 1008 BAXTER PDIN1518 SUTURE SILK 2-0 12 4243 1179 G/M 2617 t SYRINGE 1 ML 27 0.5, 5 0015 1108 BAXTER BF329466 t 60 39dd 1S3no GM-5LL-09L ZT:TZ 900Z/60/0I JOHN F. KENNEDY MEMORIAL HOSPITAL 47.111 MONROE STREET INDIO, CALIFORNIA 92201 619 • 347 • 6191 MDRC PROJECT MODULE I RED - PHARMACY SUPPLIES DESCRIPTION ATROPINE SYRINGE CALCIUM CHLORIDE SYRINGE BENADRYL/DIPHENHYDRAMINE INJ. EPINEPHRINE SYRINGE EPINEPHRINE INJ. LASIX/FUROSEMIDE INJ. LIDOCAINE SYRINGE NITROGLYCERIN METER DOSE SPRAY NITROGLYCERIN TRANSDERMAL INDERAL/PROPRANOLOL TABLETS x STRENGTH lmg lgm/loml 50mg 1:10,000 1:1000 100mg 100mg 0.4mg 5mg/24hour 20mg QTX EXP 10 5 10 4 10 5 10 1 30 100 1pn 0T 39dd 1S310 68b8-5LL-09L ZT:TZ 900Z/60/0T Department Report 9 a, oti �o ��VIN OF T TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Comm unit evelopment Director DATE: October 18, 2005 SUBJECT: Department Report for the Month of September 2005 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of September. 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(1) t c O PEI I .� 10 DEPARTMENT REPORT: o o Iry �z Yam. =• �,, ��w G�hf OF 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE, INTERIM COMMUNITYr SERVICES DIRECTOR DATE: OCTOBER 18, 2005 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF SEPTEMBER 2005 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF NOVEMBER 2005: Nov 1 Guitar Level 2, Senior Center Nov 1 Rock & Roll Guitar Class, Senior Center Nov 1 Mosaic Tiling, Senior Center Nov 1 *CPR & First Aid Nov 1 *Watercolor Nov 1 *Tap Dance Intermediate Nov 2 Beginning Drawing Techniques, Senior Center Nov 2 Interpretative Creative Writing, Senior Center Nov 2 Introduction to Hip Hop House Dance Class, Senior Center Nov 2 *Morning Workout (Exercise Class) Nov 2 *Beginning Conversational Spanish Nov 2 *Advanced Conversational Spanish Nov 2 *Latin Dance Nov 2 *Sketching & Drawing Nov 2 *Introduction to the Computer Nov 2 *Scanning Nov 3 *Mosaic Tile Art Nov 4 *Dinner & Show Nov 4 *Beginning Rug Hooking Nov 6 Carlsbad Village Faire Excursion Nov 6 2-on-2 Grass Volleyball Tournament, La Quinta Park Nov 7 *Stained Glass Nov 7 *Hooked on Loops (Traditional Rug Hooking) Nov 7 *E-Mail Level 2 (AOL) Nov 7 *Photo Edit 1 311 Nov 7 *PrintShop Publishing (4 classes) Nov 8 Belly Dance Level 2 Class, La Quinta High School Nov 8 Italian for Travelers, Senior Center Nov 9 *Introduction to Word Processing Nov 9 *Photo Edit 2 Nov 10 Belly Dance Class, La Quinta High School Nov 11 *Mat Pilates Nov 11 Veterans Day Tribute & Acknowledgement Ceremony, Civic Center Campus Nov 14 *Introduction to the Internet Nov 14 *Self -Publishing Experience Workshop Nov 14 *Photo Edit 3 Nov 15 Adobe Photoshop Elements — Adv Course, Senior Center Nov 15 *Rejuvenating Yoga Nov 15 *Learn to Knit Nov 16 *Word Processing (Level 2) Nov 16 *Photo Edit 4 Nov 17 Adobe Photoshop Elements — Intro Course, Senior Center Nov 17 *Thanksgiving Luncheon Nov 17 *Tap Dance Beginner Nov 17 *Tai Chi Chuan Nov 22 *Basic Dog Training Nov 22 *EZ Ballet Fitness Nov 22 Tai Chi Chuan, Senior Center Nov 28 Intermediate Computers, Beyond the Basics, Senior Center Nov 28 *Contemplative Yoga Nov 28 *Microsoft Word (4 classes) Nov 28 *Potpourri of Creativity Nov 29 PowerPoint Presentations, Senior Center Nov 29 Yoga Eclectica, Senior Center Nov 29 *Arthritis Tai Chi Nov 30 Microsoft Excel, Senior Center Nov 30 *Feldenkrais Yoga Nov 30 *Introduction to E-Mail (AOL) Nov 30 *Digital Photography *Daytime Senior Center class or activity � 12 Monthly Revenue Report for September 2005 lulnnthly Ravaniia _ Far_ility Rpntals 2005 2004 Variance Senior Center $ 6,015.00 $ 2,140.00 $ 3,875.00 Parks $ 350.00 $ 200.00 $ 150.00 Sports Field $ 215.00 $ - $ 215.00 Monthly Facility Revenue $ 6,580.00 $ 2,340.00 $ 4,240.00 Year to Date Facility Revenue $ 9,638.00 $ 8,738.00 $ 900.00 Mnnthly Rpvpnup Senior Center $ 13,546.00 $ 13,993.50 $ 447.50 Community Services $ 18,984.00 $ 11,790.00 $ 7,194.00 La Quinta Resident Cards $ 2,310.00 $ - $ 2,310.00 Total Revenue $ 34,840.00 $ 25,783.50 $ 9,056.50 Ravaniia Yaar to natp Senior Center $ 19,779.00 $ 20,789.50 $ 1,010.50 Community Services $ 30,967.00 $ 32,915.00 $ 1,948.00 La Quinta Resident Cards $ 6,165.00 $ - $ 6,165.00 Total Revenue to Date $ 56,911.00 $ 53,704.50 $ 3,206.50 313 Community Services Department Attendance Report for the Month of September 2005 Summary Sheet Program 2005 2004 Variance Sessions Per Month 2005 2004 Leisure Classes 156 142 14 37 63 Special Events 96 85 11 3 4 Adult Sports 122 371 -249 6 19 Senior Center 923 879 44 65 91 Total 1,297 1,477 -180 111 177 Senior Services Senior Center 296 398 -102 17 24 Total 296 398 -102 17 24 Sports User Groups La Quinta Park Use AYSO 1100 1100 0 9 4 Diamond Ringers 15 15 0 1 2 F.C. La Quinta 15 0 15 4 0 Sports Complex AYSO 400 400 0 4 4 LQ Sports & Youth 25 0 25 10 0 Facility/ Park Rentals Senior Center Private Rental 300 300 0 2 2 Church 300 480 -180 4 8 Park Rentals La Quinta Park 240 80 160 6 2 Fritz Burns Park 40 40 0 1 1 Total 2,435 2,415 20 41 23 Total Programs 4,028 4,290 -262 169 224 Volunteer Hours Senior Center 1 3501 2971 53 Total Volunteer Hours 1 3501 2971 53 �14 Community Services Program Report for September 2005 2005 2004 2005 2004 Partici ants Participants Variance Meetings Meetings Leisure Classes KickboxingBoot Cam 14 0 14 1 0 Tai Chi Chuan 2 0 2 1 0 Stress Reduction Yoga 6 0 6 2 0 Classic/ Latin Ballroom Dance 14 6 8 2 3 Bell dance Level 2 4 5 -1 1 2 Beginning Bell dance 16 14 2 1 3 Hi Ho Dance 8 6 2 2 3 Beginning Ballet 12 8 4 1 3 Dance, Play, & Pretend 16 6 10 4 3 Beginning Guitar 13 17 -4 2 3 Mosaic Tiling 4 0 4 2 0 Beginning Watercolor 8 0 8 2 0 Art Extravaganza 7 0 7 2 0 Pony Club 8 0 8 8 0 Adobe Photoshop Advance 4 4 0 2 3 Adobe Photoshop Intro 6 5 1 2 3 Microsoft Word 7 4 3 1 3 Beginning Computers 7 3 4 1 2 Totals 156 78 781 37 1 31 2005 2004 2005 2004 Participants Participants Variance Meetings Meetings Special Events King Tut Excursion 30 0 30 1 1 Golf Tour, SilverRock Resort 30 0 30 1 1 Golf Tour Banquet 36 30 6 1 1 Totals 961 301 661 31 3 2005 2004 2005 2004 Participants Variance Meetin s Meetin s Adult S orts O en G m Basketball 7i36, 151 -101 4 18 Adult Soccer Lea ue Pla offs 72 0 1 1 Adult Soccer Lea ue Campionship Game 36 0 1 1 Totals 221 223 -1011 61 20 Recreation Totals 1 3741 3311 431 461 54 1) Senior Center Attendance Participation Participation Variance Meetin s Meetings 2005 200 20 5 2004 Senior Activities ACBL Bride 177 168 9 4 5 Bridge, Duplicate/Social/Parly 378 286 92 15 14 Monthly Birthday Party 30 27 3 1 1 Monthly Luncheon 55 71 -16 1 1 Movie Time 67 67 0 5 9 Senior Activity Total 707 619 88 20 30 Senior Leisure Classes Ballroom/Swing 16 29 -13 3 8 Computer Classes 19 0 19 4 0 Computer Tutor 1 0 1 1 0 Exercise 40 49 -9 13 12 Golden Tones 47 68 -21 4 4 Knitting 2 0 2 2 0 Latin Ballroom 8 0 8 2 0 Quilting 35 40 -5 4 5 Sketch/Draw 9 7 2 21 3 Tai Chi / Tai Chi Arthritis 22 16 6 6 5 Watercolor 10 11 -1 2 3 Yoga 7 4 3 2 4 Senior Leisure Classes Total 216 224 -8 45 36 TOTAL SENIOR PROGRAMS 923 843 80 65 66 Senior Services FIND Food Distribution 191 206 -15 5 4 AARP Driver Safety 14 36 -22 1 2 Homeowners/Renters Assistance 1 0 1 1 0 Legal Consultation 5 5 0 1 1 I.I.D. Energy Assistance/No fee 67 100 -33 9 8 Volunteers 18 47 -29 n/a n/a TOTAL SENIOR SERVICES 296 394 -98 17 15 SENIOR CENTER TOTAL 12191 1237 -18 82 81 16 DEPARTMENT REPORT: H ti C� OFT 9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 18, 2005 RE: Public Works/Engineering Department Report for September 2005 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. Jo son jimoth)(Y. Public Works rector/City Engineer �lr a z U LL O U r z W Q a W G N Y O U J m a 0 0 N 0' W m W F- a W U) IWI I I I I Y/ I LO O 0 N w w m 2 w H w w U) U) �LU a F- �w �g U) = J Q = O Z 2w O W O O O o O 0 o 0 CD Ci O CO CO N W J6F,CV to O CO L L r-: ' r J K3 C'7 c- N 69. U 6 y W W W Q F- O H O 9999 O O O O F. 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O a N CLco V U ++ he N co c ;� o Q U J M O a) ' Co N Co E +N L N 0 m .N > Q O t Y 7 U co c0 Qj C> ID >— O Y O _ O> O N co c E O C `� J H o _ x N rnQ — (n (n U Q O c +� • O (� a^ C O O E a E C7 a — c N �- N LO E �c�' I (n I Q 0) I m o Fn E I o Q U ° c '"� ri (A a� o a� o a� N N E c O M a� p E V >O c0 O U L r 7 ++ >O `• Q N' C LO cc0 L77 LO m O M *' O N 0 O u> > 'O `� 0 O `� c O CD y o t i °" O c E cm c <C O m e ` O Q r, CO co * O �LON o o 0 L O_ Q E (n— O -a mQ L''H2 o CD ZM > a� E Qm— (�! LL O NI-0 c� O c Q m Nm(nU O E J N�— m \ \ \ I / .0 [ § . \ ID co . � u E § | § £ J2� 7\ % / k 0 k � o � \ MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: September, 2005 to ee's Hourly Labor Breakdown Crew#1 Crew #2 jCrew#3 Maint. Mg. odeActivi 4 Men 2 Men 2 Men 1 Man Total NEm Policin nspection47 23 0 17 87 Pot Hole-Repair/Patchin 25 50 0 30 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement marking/Legends 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 36 8 0 0 44 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 0 8 0 8 1009 Street Sign Install New 18 8 0 0 26 1010 Street Sign Repair/Maint 9 15 0 0 24 1011 Debris Removal 8 6 0 0 14 1012 Right of Way Maint. 6 10 0 0 16 1021 CLEAN Catch Basin Inlet/Outlet 0 106 0 0 106 1022 Rondo Channel Outlet/Vault 25 01 0 0 25 1022A Desert Club OutletAlault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 2 71 9 82 1024 Gutter/Median Sand Removal 3 0 0 0 3 1025 Street Sweeping (Machine) 139 0 0 0 139 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 8 0 8 1028 Dust Control 0 0 0 0 0 1029 Flood Control 9 0 0 10 19 1031 Parks/Retention Basins Inspection/Clean--Inspecton/Cleari--t 6 12.5 0 0 18.5 1041 Mowin Weedin , Shrubs & Tree Trimmin 21 3 15 0 39 1051 Landsca eAr i ation Contract Managemer 0 0 58 15.5 73.5 1052 Lighting/Electrical Contract Management 0 0 0 12.5 12.5 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 2 4 0 0 6 1063 Vehicle Repair Maint. 36 10 0 0 46 1081 TrashA-itter/Recycable Removal 6 0 6 0 12 1082 Vandalism Repairs 6 0 0 2 8 1083 Graffiti Removal 50 0 20 0 70 1084 Maint. Yard Building Maint. 21 0 0 1 22 1085 Seminars/Training 3 161 11 7 37 1086 Special Events 0 01 0 0 0 1087 Citizen Complaints/Requests 83 11 3 0 97 1088 Meeting 23 16 12 30 81 1089 Office Phone, paperwork, reports, Misc.) 10 13 4 40 67 SUBTOTAL 592 268.5 216 14411220.5 1091 Over Time 16 14 16 0 46 1094 Jury D 0 0 0 0 0 1095 Sick Leave 0 16 8 8 32 1096 Vacation 16 19.5 80 0 115.5 1097 Holiday 32 16 16 8 72 1098 Workman Comp. 0 0 0 0 0 1099 Bereavement 0 0 0 0 0 SUBTOTAL 64 65.5 120 16 265.5 TOTAL HOURS 1 656 334 336 160 1486 TOTAL MILES 3317 tt11671 1891 5853 JI-4 DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT September 2005 City of La Quinta La Quinta Police Department Captain Walter Meyer, Commander September, 2005 Highlights (Numbers in parenthesis denotes number of calls for service that day) Thursday. 09-01-05 (73): 1630 hours - Dep. Harter arrested Ricky Lee Wisdom for assault with a deadly weapon and lewd conduct. Suspect was booked into the jail. 1735 hours - Dep. Darascavage responded to the Wells Fargo Bank at Washington and SR 111 regarding a subject attempting to cash a stolen check. The suspect fled prior to arrival by deputies but left his identification card at the bank. Benjamin Aiton is wanted for questioning regarding this matter. 1820 hours - Dep. Ervin investigated a disturbance in the 52000 block of Avenida Diaz. As a result of his investigation, Carlos Caballero was arrested for immoral practices in the presence of a child. Osbaldo Reyes was also arrested for public intoxication. Both suspects were transported to the jail. Friday. 09-02-05 (66): 0832 hours —Dep. Gaunt stopped a vehicle on Avenue 54 and Madison for expired registration. The driver, Hector Vela, gave consent to search his person and his vehicle for illegal drugs. During the search, Vela was found in possession of eight grams of marijuana and eight grams of methamphetamines. Vela was arrested for being in possession of illegal drugs and was booked into the jail. 2130 hours- Dep. Drafton arrested Salvador Rodriguez for an outstanding domestic violence warrant. Rodriguez was transported to the jail. 2057 hours - Dep. Ervin arrested Johnny Mills for burglary, theft with priors and a parole violation. The suspect was caught at the La Quinta Target. Mills was booked into the jail. Saturday, 09-03-05 (52): 0003 hours — Dep. Adams arrested David Ruiz for driving under the influence of alcohol following a traffic enforcement stop at Avenue 48 and Jefferson Street. 1800 hours - Dep. Ervin handled a theft by access card at the La Quinta Target store. The suspect, Gerardo Ramirez Zarco, is on parole for possessing stolen property. Zarco, a resident of Indio, could not be located and remains at large at this time. The Indio Police Department was advised of all activities and updates. Sunday, 09-04-05 (44): 1033 hours — Dep. Lugo was flagged down by a citizen near Calle Montezuma and Avenida Monterey, in the City of La Quinta. Deputy Lugo was informed that a female was physically and sexually assaulted by a Hispanic male while she was jogging. The victim was able to fight the suspect off . The suspect fled the area and the victim ran for help. A command post was set up and a systematic search of the La Quinta Cove was conducted. Assistance was received from the C.H.P air unit and one of their trackers. The victim was transported to Eisenhower Medical Center. 2125 hours — Dep. Bolton responded to a robbery at Kohl's Departmetn Store. A Hispanic male and a Hispanic female were seen entering the location with an old suitcase. As they attempted to leave the store �26 the sensor alarms were activated and the manager stopped the suspects. The male then threatened to get his gun and harm the store manager. Since he was in fear for his safety, the manager allowed the suspects to leave the area. The Indio Police Department later located the suspects at a local hotel and detained them. Deputy Bolton assumed custody of Gabriel Zapata and Nancy Fuchs. Both suspects were booked into jail for Robbery. Monday, 09-05-05 (44): No Significant Activity Tuesday, 09-06-05 (72): 0200 hours — Dep. Bawdon responded to Randolph Circle regarding a female being stalked by her ex - boyfriend. A description of the vehicle he was driving was broadcast. Deputy Hendry spotted the vehicle and conducted a vehicle stop. The driver of the vehicle, Antwain Latimer, had threatened to kill the victim, her children and other family members if she did not come outside to see him. Latimer, an active duty Marine, had previously been arrested for assaulting the victim. Latimer was booked into the jail and the Marine base was requesting to be notified by the jail personnel. 1320 hours — Dep. Gaunt arrested Germaine Gremski in the Marshall's parking lot for driving under the influence of alcohol. Gremski was involved in a minor collision at the location. He was later booked into Indio Jail. Wednesday, 09-07-05 (66): 1530 hours — Dep. Gaunt arrested Kateria Saul for an outstanding felony warrant for grand theft auto. Saul was contacted during a disturbance call at the 52800 block of Avenida Navarro. Thursday, 09-08-05 (55): 2015 hours- Dep. Harter arrested Mike Rivas at the La Quinta Target for commercial burglary, possession of methamphetamines and three misdemeanor warrants. Rivas was booked into the Indio Jail. Friday, 09-09-05 (98): 1000 hours — Dep. Reynaga and Corporal Black responded to a residence located at the 53000 block of Avenida Herrera. Jason Alan Harrel was arrested for a felony domestic violence warrant. During a search of the individual three grams of methamphetamines were located on his person. Harrel was booked into the jail. 1400 hours — Dep. Wedertz arrested David Patino for theft by access card at Home Depot. He was also charged with possession of stolen property and committing a felony while out on bail. He was booked into the jail. 2210 hours — Dep. Darascavage arrested Jesse Diaz for brandishing a firearm and for being a convicted felon in possession of a firearm. Deputies responded to Monroe Street and Avenue 58 where a victim said he was driving down the highway and made a stop at he intersection. He said a Hispanic male approached his vehicle and pointed a handgun at him and drove off prior to anything happening. Deputies located Diaz near a residence close to the intersection. A loaded .22 cal revolver was found and the victim identified the suspect. Diaz was booked into the jail. Saturday, 09-10-05 (53): 1700 hours - Deputies responded to a drowning at Lake Cahuilla. Fernando Lopez was at the location fishing with his wife and a friend. After consuming five or six cans of beer, he went into the water to 327 swim. He began thrashing around before disappearing under the surface. The county lifeguards and RCF responded but could not locate the victim. The Dive Team was notified and Lt. Navarro responded to assess the situation. He determined that the recovery operation would not take place until tomorrow morning (0700) due to a lack of daylight remaining. Sunday, 09-11-05 (44): 0700 hours - the Sheriff s Dive Team completed a search for the drowning victim at Lake Cahuilla. Ten minutes after they initiated the search, they located the drowning victim close to the area where he drowned. 1700 hours — Dep. Knight responded to a possible drowning in a pool located at the Lake Cahuilla Park. A 5-year-old child jumped into the pool and went out of sight under the water. He was pulled from the water, unconscious. A lifeguard began CPR and successfully got the child breathing again. Per witnesses, the child was only under water about 10 seconds. The child was transported to JFK for an examination and is expected to be fine. Mondav, 09-12-05 (68): 1745 hours — Dep. Knight responded to a family disturbance at the 45000 block of Desert Air and arrested Michael Haney for inflicting corporal injury on a child. The suspect slapped his 17-year-old daughter on the face, causing visible redness and swelling. He was booked into the Jail. 1750 hours — Dep. Bianco responded to a robbery that just occurred at the Wal-Mart in the City of La Quinta. A white male was seen taking a utility knife and a CD player from the location. When confronted by security, the suspect ran through the parking lot. The security guard caught up to the suspect who brandished the utility knife and threatened to harm her if she continued to chase him. Fearing for her safety, she allowed the suspect to escape. No injuries were sustained. Tuesday, 09-13-05 (46): 1115 hours — Dep. Lewis arrested James Myatt, in the Wal-Mart parking lot, for possession of rock cocaine and public intoxication. He was booked into the jail Wednesday, 09-14-05 (78): 0840 hours - Minor injury traffic collision (Bicyclist / Curb) occurred at Calle Sonrisa. A ten -year —old juvenile was riding his bike to school when he was startled by a passing vehicle. The juvenile lost control of his bicycle and hit the curb. The juvenile sustained head and neck injuries, as well as multiple scrapes, but fortunately was wearing a helmet that prevented major injury. He was transported to EMC for treatment. 0837 hours — Dep. Pena responded to the 78000 block of Irwin Court in the city of La Quinta to investigate an unattended death. Upon arrival, Deputy Pena met with Barbie Sprauge. Mrs. Sprauge said at about 0800 hours, this morning she found her husband, Fred Sprauge, non -responsive on the living room sofa. She phoned 911. CDF personnel arrived and pronounced Mr. Sprauge deceased. There were no signs of foul play and it appeared that Mr. Sprauge had died from natural causes. 1915 hours — Dep. Ervin arrested Jose Galvan for lewd conduct in a public place at Avenida Mendoza and Calle Nogales. 0445hours — Dep. Krachman responded to Champion Chevrolet in La Quinta regarding a possible stolen vehicle. When Deputy Krachman arrived at the location, he found the rear gate to the location had been smashed by a large utility truck. It appeared that the suspect(s) obtained the truck from the service area of the dealership and drove it through the metal gates. Both the truck and the gates were found on Simon Dr., J�0 behind the dealership. The suspect(s) then stole a vehicle that had been taken in as a trade by Champion Chevrolet. Thursday, 09-15-05 (74): Units responded to Madison Street and Avenue 58 regarding an assault with a deadly weapon. Upon arrival, Deputies found the victim, Luis Barboza, suffering from a head injury. The suspect had fled the scene. Investigations responded and assumed the investigation. Cathedral City Police Department assisted with this incident by locating the suspect, Jose Luis Macias, at his residence in Cathedral City. Macias was arrested for assault with a deadly weapon and booked into the jail. Friday, 09-16-05 (86): No Significant Activity Saturday, 09-17-05 (67): No Significant Activity Sunday, 09-18-05 (52): 0950 hours — Dep. Lewis responded to a sexual battery call at the 53000 block of Avenida Martinez. The victim stated a friend of hers had fondled her all over her body without her consent. Her friend, known as Cory, stated she was the one who started the petting session. The case is to be forwarded to investigations for further follow-up. Dep. Hendry responded to Del Taco regarding shots fired. He contacted a 23- year -old man who had a wound to his arm. The victim told him he was walking through the parking lot as a vehicle drove by. He heard a popping noise and felt pain in his arm. He then noticed he was bleeding. The man refused medical aid. A shell casing was located in the parking lot. Monday, 09-19-05 (50): 1417 hours — Dep. Gaunt responded to Home Depot regarding a shoplifting suspect. Based on his investigation, he arrested Ignacio Garcia for commercial burglary and for false information to a peace officer. Tuesday, 09-20-05 (60): 1820 hours — Dep. Brooker responded to Wal-Mart regarding a shoplifting suspect. Based on his investigation, he arrested Hector Arrerondo. He was booked into the jail. 1815 hours — Corporal Lopez arrested an unidentified subject for public intoxication at the La Quinta Liquor Store. He was transported to JFK memorial hospital for medical problems. He was cited and released. Wednesday, 09-21-05 (95): 1103 hours — Dep. Munoz handled an unattended death at the 53000 block of Avenida Rubio. Wendy Keeler had been released from EMC about noon on 9/20/05. She had a long history of significant health problems. 1113 hours - A report of a belligerent, intoxicated male, who was demanding money from customers at the La Quinta Post Office, led to the arrest of Jose Martinez. Martinez had been involved in a disturbance with 329 city personnel prior to his arrest, but was gone when deputies arrived. He was gone from the post office and stagger to the Sub -station where he was arrested. 2127 hours - Deputy Bolton handled a single vehicle non -injury collision at Washington and Fred Waring Drive. The driver Roy Boerstler was later arrested for driving under the influence of alcohol. Thursday, 09-22-05 (88): Investigator Cervello arrested Jose Manuel Rodarte Jr, for three counts of kidnapping, four counts of sexual battery, twenty-two counts of lewd or lascivious acts, three counts of annoying or molesting a child under the age of eighteen. There were a total of five victims ranging from 13 to 14 years - old. 1330 hours - Members of the La Quinta Special Enforcement Team and the Coachella Valley Narcotic Task Force executed a search warrant for stolen property on the 52000 block of Avenida Diaz in the City of La Quinta. Officers recovered several credit cards suspected of being stolen, a loaded firearm and a small amount of marijuana. In addition, three subjects were arrested for felony warrants. The arrestees were Osbaldo Reyes for felony burglary and conspiracy warrant. Anahi Reyes for felony burglary and conspiracy warrant. John Belt for residential burglary. All subjects were book into the Indio Jail. 1943 hours - Deputy Brooker handled an unattended death at the 54000 block of Eisenhower Drive. Charles Colbertson Burren collapsed in the bathroom and died while he was being treated by AMR and CDF. Burren had a history of heart problems and was diagnosed with pneumonia. Friday, 09-23-05 (76): 2150 hours - Members of the La Quinta Police Department responded to a major injury traffic collision at the intersection of Eisenhower Drive and Avenue 50. When the officers arrived, they located a Nissan sedan and a Kia sedan, both with major collision damage. Both vehicles were stopped in the northbound lanes of Eisenhower Drive. John Rowan, was trapped inside his car and members from the Riverside County Fire Department were using the jaws -of -life to extricate him He was transported to JFK Hospital where he succumbed to his injuries. The second driver, Alicia Holder was transported to Desert Regional Medical Center for treatment. Once released from the hospital, she was arrested for suspicion of driving while intoxicated. Saturday. 09-24-05 (67): 2010 hours — Dep. Ervin responded to the 52000 block of Avenida Villa, regarding a domestic disturbance. The victim told Deputy Ervin that her live-in boyfriend Alejandro Rodriguez had grabbed her during an argument yesterday and threatened to kill her. Rodriguez was arrested and booked for spousal abuse and terrorist threats. An emergency protective order was granted and served. 0030 hrs —Dep. Bonaddio was dispatched to the 54000 block of Ave. Madero reference a temporary restraining order violation. Upon arrival, he located Tammy Heather. Heather was arrested for violating a restraining order and was booked into the jail. 0400 hours - Sgt. Shields was in the area of Eisenhower Drive and Avenida Mazatlan conducting a traffic investigation when he witnessed a DUI driver in the area. Sgt. Shields stopped the vehicle and contacted the driver, Jason Morales. Field sobriety tests showed Morales had the signs of being under the influence of alcohol. He was arrested for driving with under the influence of alcohol and he booked into the jail. Sunday, 09-25-05 (51): Deputies Alexander and Lewis arrested Michael Wayne Snyder for burglary after responding to an alarm at the La Quinta High School ASB office. Snyder was booked into jail. 330 Deputies Lugo and Lewis responded to a reported disturbance at the Beer Hunter involving unruly football fans challenging people to fight. One suspect struck the manager and fled in a black Toyota. Deputy Lugo stopped the suspect vehicle at Avenue 48 and Adams Street. The driver later identified as Juan Jose Anaya was subsequently arrested for driving under the influence and battery. His passenger Lucio Marmolejo was arrested for public intoxication. Both were booked into the jail. 1550 hours — Dep. Knight responded to the 44000 block of Camino La Cresta regarding a male juvenile who had assaulted his mother with a pot of scalding water. He also stole two thousand dollars from his parents and destroyed numerous items within the home. The juvenile was arrested and booked into juvenile hall for assault with a deadly weapon, grand theft and vandalism. Monday. 09-26-05 (58k No significant activity Tuesday, 09-27-05 (67): 1940 hours — Dep. Bolton arrested Richard Cardona Jr for spousal abuse. The arrest took place at the 54000 block of Avenida Vallejo. Cardona was booked into the jail. Wednesday, 09-28-05 (63): No Significant Activity Thursday, 09-29-05 (54): 0220 hours - Dep. Adams arrested Joseph M. Purcell for diving under the influence of alcohol following a traffic enforcement stop at Washington Street and Avenue 47. 2313 hours — Dep. Adams arrested Jay Alvarez for driving under the influence of alcohol following a traffic enforcement stop at Jefferson Street and Avenue 48. Fridav, 09-30-05 (79): 0333 hours - Deputies responded to a suspicious vehicle at the La Quinta Park. They found the vehicle on its side on the grass near the catch basin. It appeared a disturbance had occurred between the vehicle owner and his girlfriend. The owner would not advise her name and claims he will take care of the damages. Deputy Krachman will be documenting the incident. Brian Boles took responsibility for the incident and will pay for all damages. 1500 hours — Dep. Knight responded to Wal-Mart reference two people in custody for shoplifting. He arrested the two female juveniles for commercial burglary. Juveniles were transported to juvenile hall. 1705 hours — Dep. Ervin responded to Home Depot reference one in custody for shoplifting. He arrested Leonardo Vasquez for commercial burglary. Suspect was transported to the jail. Total calls for service: 1960 331 La Quinta Police Department Special Enforcement Team Monthly Report — September 2005 (Dep. Wedertz, Dep. Celaya, , Sgt. Jimenez, Dep. Olsen Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of September. Ongoing Investigations 4 Probation Searches 0 Parole Searches 0 Arrests/ Filings 4 Vehicle checks 6 Business Contacts 10 Investigation assists 5 Arrest Warrants Served 2 Arrest Warrants Attempted 3 Programs 2 Pedestrian Checks 7 Crime Prevention Hours 10 Bar Checks 0 Back-ups 6 Follow-ups 11 Search Warrants 1 Meetings 1 Recovered Stolen Property --credit cards &gun Citations issued 1 Surveillance OPS 3 Property Checks 3 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 0 Total Mileage: 275 miles Noteworthy Accomplishments ♦ Arrested Osboldo Reyes and Anahi Reyes of La Quinta for Commercial burglary, theft by access card, forgery and conspiracy to commit burglary. Both suspects were arrested after a search warrant was conducted at their 332 residence at 52-010 Avenida Diaz. S.E.T. Team deputies recovered several credit cards and a hand gun at the location. ♦ Arrested John Belt, (19), of La Quinta for residential burglary. Belt was apprehended as he attempted to flee during the service of the above referenced search warrant. Belt was wanted as a suspect in a residential burglary that had been committed several days earlier in the La Quinta Cove. Belt is also thought to be responsible for several other burglaries and thefts and is currently being investigated in relation to those crimes. ♦ Arrested Mickey Chriswell, (39), of Indio for indecent exposure, lewd conduct and violation of probation. Surveillance was conducted on Chriswell after his vehicle was reported parked in the Washington Mutual bank parking lot in La Quinta. The driver was seen masturbating inside his vehicle by a female bank customer. S.E.T. team Deputies followed the suspect to the Circle K convenience store located at Highway 111 and Madison St in the city of Indio. At that time, Chriswell stopped his vehicle several feet from a female undercover Deputy Sheriff. Chriswell was observed making unusual movements inside his vehicle. As he was doing so, another undercover officer pulled up to the passenger side of Chriswell's vehicle and observed Chriswell masturbating. The suspect was arrested without incident and booked into the Indio Jail for the above charges. 3 3 LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS SEPTEMBER 2005 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Calls for service & B/U' Red light / Stop sign Child Seat Violations 65 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 0 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 19 5 34 5 8 6 8 44 0 21 24 0 66 6 31 d EO HIGHLIGHTS CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2005 5- Criminal Reports 5- Citations 0- Arrests 0- DA Filings 3- YAT Referrals 0- Traffic Stop 7- Vehicle Checks 0- Pedestrian Checks 3- Business Checks 1- Follow-up School: La Quinta Middle Deputy: Kevin Moore School Session: September 1" through September 30th Highlights: ➢ At the request of Truman Middle School staff, I counseled three students on the dangers of marijuana use. I provided pamphlets for reference and information. ➢ Counseled two students in reference to an incident of intimidating another student on the bus. ➢ At the request of Ben Franklin staff, I provided a uniformed presence at a school bus stop in the La Quinta Cove due to past vandalism at the location. ➢ Investigated a strong arm robbery involving a middle school student and three unidentified juveniles. Will conduct additional follow-up once the new school photographs are available. ➢ Student found to be in possession of a controlled substance. Criminal report written and referred to the student's probation officer. ➢ Interviewed and counseled three students regarding possible gang/tagging crew affiliation. Gang information cards and photographs sent to Gang Task Force. ➢ Investigated an incident involving racial slurs that resulted in an assault between two female students. Documentary report was written and all parties received administrative discipline. ➢ Investigated mutual combat between two female students. Both parties sustained minor injuries. Criminal report was written and referred to probation officer. ➢ Arrested a female student for a felony warrant for vehicle theft and shoplifting. She had also been reported as a runaway. Student was booked into juvenile hall. ➢ Issued five truancy citations. � 35 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2005 12- Criminal Reports 7- Non Criminal Incidents 3- Arrests 2- DA Filings 4- YAT Referrals 0- Traffic Stop 0 Vehicle Checks 12- Pedestrian Checks School: La Quinta High School Deputy: Eric Speir School Session: September I" through September 30th, 2005 Highlights: ➢ I assisted school personnel with a variety of school related problems. I also met with several parents who are having problems with their high school age children. In the majority of those cases, I referred the parents and/or the students to the Student Assistance Program or the Conflict Mediation. ➢ I handled several reports involving the theft of items such as cell phones and hand-held music units. These thefts continue to occur with frequency in both the boys and the girls locker room. ➢ I responded to a variety of issues including the following: I issued several citations for truancy. I dealt with two cases where students were found to be in possession of smoking devices and/or tobacco products on school grounds. I handled one incident of mutual combat and there were no injuries. ➢ Two burglaries were reported. One was handled by La Quinta Police Department patrol deputies with a suspect taken into custody for breaking into the ASB Office / Student Store. I handled the second, a break-in of a portable classroom and the theft of two computers. No suspect leads or evidence was found. ➢ There were four incidents involving vehicles in the student parking lot. One vehicle was stolen after it was left unattended with the ignition key in the vehicle. The vehicle was recovered and returned to the owner. Three vehicles were r)n JJ victimized by "smash and grab" burglaries after valuables were left in open view within the vehicle. ➢ Two students came to my office and reported incidents that had occurred off of school property. One student reported and allegation of child abuse which I forwarded to detectives for further investigation. One student reported receiving annoying phone calls. ➢ While working an overtime patrol assignment, I was dispatched to a store where three female juveniles had been detained for shoplifting. All three girls attend the high school and, although the incident was not school related, I was able to refer them to the onsite YAT probation officer. All three girls were put on informal probation. ➢ I attended two home football games with no incidents observed or reported. ➢ Traffic issues before and after school continue to be a problem with increased enforcement actions being the only solution. 00( CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT September 2005 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Summary of Activity for the Month of September Type of Activity Number of Incidents Burglary Investigations 15 Grand Theft Reports 3 PettyTheft Reports 10 Vandalism/Malicious Mischief Reports 6 Vehicle Theft or Recovery Reports 2 Traffic Collision Response 4 Vehicle Code or Parking Citations 3 Abandoned Vehicles Tagged w/ Warning 15 C.P.T.E.D. Reports 8 Lost or Found Property Reports 8 Area Checks /LQ Skate Park/Laborers 3 C.P.T.E.D. Inspections 2 Custodial and Non -Custodial Transports 0 Crime Prevention Program Meetings 5 City of La Quinta Community Oriented Policing Office and Volunteers Report September, 2005 Highlights: • The volunteer program averages fourteen volunteers who assist in many capacities in the La Quinta Community Policing Office (C.P.O.). • Five new applicants to serve as volunteers were interviewed and have been accepted. • Several volunteers enter all La Quinta traffic citations, parking citations and traffic collisions into the database from the C.P.O. Two volunteers are assisting with weapons identification on a dedicated computer at the C.P.O. Volunteers are assisting in Logistics, Crime Analysis and Property in addition to their C.P.O. staffing duties. • Ongoing training has focused on reviewing and updating C.P.O. office procedures. • Proposals are being developed to increase the activities of the volunteers to include a Community Patrol Program. • Two volunteers shared in staffing the La Quinta Police Department vendor table at the annual Health and Safety Fair sponsored by the La Quinta Resort. Volunteer Hours and Monthly CPO Stats Monthlv YTD Totals (4/03 to Present) Hours 182.5 1 2233 7009.5 Visits 152 1 1272 5341 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION September 2005 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Deputy Andy Gerrard Explorer Post 503 members did a great job as they participated in three volunteer events in September: 1. Riverside County Sheriff's Department "Finding Our Way Together' youth camp at the Forest Home facility in Forest Falls. 2. City of Coachella community clean-up event. 3. La Quinta Police Department DUI checkpoint. Due to summer vacation there were no regular meetings during the month of September. Explorer Post 503 meetings are held on Wednesday nights from 5:00 P.M. — 7:30 P.M. at the Indio Station of the Riverside Count Sheriffs Department. Regular meetings are scheduled to resume on October 5t . Some of the requirements to become part of the Post 503 team are: • Be between 14-21 years of age. • Maintain a "C" grade average if still attending school • Have an interest in law enforcement. • Be physically fit. • Have parental or guardian permission. • Pass a background investigation. • Be a team player, committed to meetings and drills, follow instructions and serve as a volunteer at special events. Call 863-7250 or 863-8990 to make an appointment with a Post 503 advisor. 341) DEPARTMENT REPORT: CITY OF LA Q UINTA Crime Statistics Summary August 2005 341 �n o m K mZ 0 m O r � v_ D n 2 O Z 0 O -< o y D m o zc C � > m D N O O Cl n C cCA o Ca Z T -I z w n O n � 0 W M� O 0 A W N -I �v�-izD.Pmcwox"o nZ ZMOOO60> m D om? 0 M o z m r- r C m D r c z0-i �m;o R m X n n Z T n O z a O Cn N W N CD O O 0? O O N CD+� 0)y n �i � n O � a � O 0 O _ N ? N W OD CD 0)Cn 0 Nc O c lb ti r D C �I ' c Z D N w O) W P.-O ~O W O) OD C+� W� W O W W O 4 p :71 W v O W O v co N OD 0) N OND O 342 oCA mm r D o < O 0 _ z o m D n y �. n 4 r CY, \ O � O -� = n mn m r C a � 00 o D m cn r � 0,OD o� m O 343 N W A Cjl O CD O O O 0) -1 i O s W J V I I I rm� d I � o OD � � I � n � 3 m N ' 0 � G I 5 A G co ! N N 0 0 I, 2 j I V N W A O O O O O 0 O O V O f0 0 O � O G N 3 o D � rt 3 0 0 0 3 A � CD0 C I �TuwS[ O LM D D y W 1 O 0 0 it j 01 A 0 i N i J`'44 Month to Month Traffic Activity Comparison ■ AUGUST 2005 ©AUGUST 2004 400 i 350 341 326 i I 300 i I 250 I 200 I 150 i 100 i 50 23 21 22 16 5 2 0 0 0 TRAFFIC CITATIONS T/C NON -INJURY DUI TIC INJURY T/C FATAL Month to Month Calls for Service Comparison -August 2005 2500 2038 2000 -- 1500 1259 m Aug. 05 1099m Aug. 04 1000 779 743 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison 18000 16421, 16256 16000 W 14000 12000 PR.f�. 10000 a ® YTD 2005 m YTD 2004 8000 6616 6106 6000 4000 q9 2000 a 0 Total Non -Criminal Criminal Presented by: Department Report /d City of La Quimnta Fire Department Quarterly Report Dorian J. Cooley Battalion Chief J4"' Craig E. Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning s- Beaumont ., Calimesa 4 Canyon Lake 46 Coachella . Desert Hot Springs r,. Indian Wells ;ndiQ Lake Elsinore ... La Quinta 10 Moreno Valley .;. Palm Desert 46 Perris Rancho Mirage . San Jacinto Temecula Board of Supervisors Bob Buster, District 1 Jahn Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District S RIVERSIDE COUNTY FIRE DEPARTMENT 210 West San Jacinto Avenue • Perris, California 92570 . (951) 940-69M • Fax (951) 940-6910 October 9, 2005 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, 2005. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 366 • False Alarms 67 • Structure Fires 9 • Vegetation Fires 3 • Rescues (accidents, entrapments) 56 • Other Fires (vehicle, refuse, etc.) 18 • Public Service Assists 29 (Non -emergency assistance) • Fire Menace Standby 12 (Fuel spill, gas leak etc.) As you can see, calls for service continue to rise along with the increase in population and visitors to our City. This results in many varied and at times unusual emergencies. Attached are photos from a couple of the calls we responded to this quarter. Respectfully submitted, Craig E. Anthony Fire Chief By: �� C Dorian J. Cooley Battalion Chief ' 348 La Quinta City Fire Responses Quarter Totals July-05 Au ust-05 Se tember-05 Totals Medical Responses 130 117 119 366 False Alarms 18 24 25 67 Structure Fire 0 5 4 9 Vegetation Fires 2 1 0 3 Rescues 23 11 22 56 Other Fires 7 6 5 18 Public Service Assists 5 17 7 29 Fire Menace Standby 4 1 6 2 12 TOTALS 189 1 187 1" 560 349 400 350 300 250 200 150 100 5C C La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons C12005 ■ 2004 ?'cal,,. 9e�I. cG Xb �s s% Zz, -9ss�s 06 �S y Third Quarter 2005 2004 uses 366 306 VMedicalR arms 67 50 Fire 9 10 V Vegetation Fires 3 4 Rescues 56 47 Other Fires 18 18 Public Service Assists 29 23 Fire Menace Standby 12 7 TOTALS 5W 40 10/8/2005 3 ' 5 0 Fire Department and City staff work to rescue a trapped feline. Yes... we do rescue cats! Above: Driver and passenger walked away with minor injuries due to seat belts and air -bag deployment. Left: La Quinta Firefighters work at the scene of a structure fire in the "Cove" area of the City. 35 o n r ro 00 v � CD �C — �CD o� CD k O a - 3A CD V+ cn D M' 3 -n 3 -� c �cn Z n i Boys & Girls Club Award Recipients At the City Council Meeting — October 18, 2005 First Name Last Name Ivanisa Alvarado Cassandra Cobian Caitlin Crawford Landon Duarte Joann Garcia Tabitha Henderson Alexia Hernandez Elizabeth Hotz Alexis Lozano Tyler McCallon Gabriela Moya Mariana Nandayapa Valeria Nandayapa Briana Nunez Tori Pavia Melina Pechous Elisa Polanco Rosalia Ramos Briana Rivera Christianna Rodriguez Remington Steele Danielle Tamez Kristen Vargas Rayna Willis Tara Willis Juliana Zamora 353 li�o 0 c� OFT19 COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Continued Public Hearing to Consider Adoption of Resolutions on: 1) An Addendum to Environmental Assessment 97-337; and 2) Specific Plan 97-029, Amendment No. 4, a Request for a New Driveway Access on Adams Street,. a Change of the Internal Circulation, and Retention Basin Re- design, for the Property Located East of Adams Street, South of Auto Centre Drive. Applicant: Stamko Development Company RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving an Addendum to Environmental Assessment 97-337 for Specific Plan 97-029, Amendment No. 4; and Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment No. 4, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved, under Resolution, No. 97-64, Centre at La Quinta Specific Plan 97-029. The Centre at La Quinta Specific Plan, as amended, includes property between Adams Street and Dune Palms Road south of Highway 111 and approximately 1000 feet north of Avenue 48 (Attachment 1). The Specific Plan allows auto dealerships such as the existing three dealers and the approved Mazda dealership, and Mixed Regional Commercial uses including Super Wal-Mart and Sam's Club. The General Plan allows High Density Residential uses with an 354 '-J 01 affordable component if it is 600 feet south of Highway 111. The Public Hearing was continued from the September 20, 2005 City Council meeting at the applicant's request. Surrounding Zoning/Land Use NORTH: REGIONAL COMMERCIAL (RC) SOUTH: HIGH DENSITY RESIDENTIAL (RH)/ AVENTINE APARTMENTS EAST: REGIONAL COMMERCIAL (RC) WEST: LOW DENSITY RESIDENTIAL (RL)/ LAKE LA QUINTA Planning Commission Action At the applicant's request, the Public Hearing . was continued at the Planning Commission meetings of June 14th and June 28th. The Planning Commission reviewed the applicant's request on July 26, 2005, and discussed all aspects of the applicant's request and, after deliberation, voted (4-0-1) to recommend: 1. Approval of Environmental Assessment 97-337 Addendum 2. Approval of Specific Plan 97-029, Amendment No. 4. A Condition of Approval was proposed by Pubic Works requiring a Traffic Study to consider operational expansion of the north -bound turn pockets on Adams Street and Highway 111 with any additional improvements to be completed within two years of the next Site Development Permit request in Planning Area 2. The Planning Commission deleted this condition as they did not find the connection between the requested Specific Plan Amendment and this condition. Staff agrees with the Planning Commission recommendation regarding the need for a future traffic study. The Planning Commission recommendations are based on the attached Findings and Conditions of Approval including modifications, as requested by the Commission. Excerpts from the minutes of the Public Hearing are attached (Attachment 2). Project Description The Specific Plan Amendment No. 4 requests a new right -in and right -out access driveway into the commercial center on Adams Street, realigning the internal circulation in Planning Area 2 (the southwest portion of the Center), reconfiguring a proposed retention basin, and a new internal driveway access to the property at the southwest corner of Highway 111 and Dune Palms Road. JJ� 02 The proposed new driveway access- on Adams Street and the proposed internal circulation change within the commercial center meet General Plan standards and provide an additional entry/exit point for the vehicles using the commercial businesses in the Center including Super Wal-Mart and the approved Sam's Club. The new access will provide a second option for ingress/egress off of Adams Street. Currently, Auto Centre Drive is the only east -west connection. Since its original approval, the commercial center has expanded and this additional driveway will provide needed relief for east -west traffic. Over time, traffic on Auto Centre Drive will increase thereby causing a need for an additional connection to Adams Street. The proposed new driveway also provides an additional southern street frontage for the approved Mazda dealership. The Mazda dealership will access their lot from the north . property line on Auto Centre Drive and from the east property line on Auto Centre Way South; any additional access into the Mazda dealership would require a Site Development Permit Amendment. Prior to the Planning Commission hearing, a representative of the auto dealers contacted staff and expressed concern that this driveway will take traffic off (i.e. potential customers) Auto Centre Drive. The three existing dealers have street exposure and identity on Auto Centre Drive. To date, no further correspondence has been received. The proposed right -in and right -out access driveway on the east side of Adams Street into the center is approximately 400 feet south of the intersection of Avenue 47/Auto Centre Drive. Also, the proposed right -in and right -out access driveway on the east side of Adams Street is approximately 500 feet north of the driveway entrance into Lake La Quinta (Attachment 4). Directly to the west of the proposed driveway is a property line wall and landscape setback for the Hadley Villas Senior housing; just south of Hadley Villas within the gated community of Lake La Quinta are five single residential units behind the perimeter property line wall and landscaping. (See Attachment 4 for a neighborhood diagram showing land use relationships.) The Community Development Department and the Public Works Department met with the applicant last week and concluded that as part of Condition No.59, a round -about design at La Quinta Centre Drive and the proposed new driveway is not feasible. La Quinta Centre Drive is a public street and a round -about design would require additional right-of-way from the west side of the La Quinta Centre Drive into the Super Wal-mart property. In addition, all truck deliveries at Super Wal-Mart use La Quinta Centre Drive and a round -about turning movement design for truck traffic is difficult to accommodate. As a result, staff is recommending modifying Condition No. 59 to exclude consideration of a round -about at La Quinta Centre Drive and the proposed new driveway. 356 03 Environmental Assessment The Community Development Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and has determined that neither the proposed changes to the project, nor any new information exists that will result in the identification of new significant impacts, or the substantial increase in the severity of significant impacts identified in certified Environmental Impact Report (EIR) Schedule Number #97011055. An Addendum to the EIR has been prepared. Comments from Other Departments and Agencies The project was sent out for comment to City departments and affected public agencies on April 23, 2004, requesting comments be returned by May 14, 2004. No significant comments were received. Public Notice This case was advertised in the Desert Sun newspaper and posted where required, on August 31, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. FINDINGS AND ALTERNATIVES: Findings necessary to approve the Environmental Assessment and Specific Plan 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 approving Environmental Assessment 97-337 Addendum; and Adopt a Resolution of the City Council approving Specific Plan 97-029, Amendment No. 4 subject to Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. tvans, Community Development Director JJ/ Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Excerpts from Planning Commission Minutes of July 26, 2005 3. Specific Plan 97-029, Amendment No. 4 4. Driveway access from Adams Street to the Centre at La Quinta and Lake La Quinta 358 RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING OF AN ADDENDUM TO A SUPPLEMENTAL EIR (SCHEDULE NO. 97011055) FOR ENVIRONMENTAL ASSESSMENT 97-337 CASE NO.: ADDENDUM TO A SUPPLEMENTAL EIR FOR ENVIRONMENTAL ASSESSMENT 97-337 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California did on the 201h day of September, 2005, hold a duly noticed Public Hearing and continued said hearing to the 18th day of October, 2005 to consider the request of Stamko Development Co. for approval of Addendum to a Supplemental EIR (Schedule No. 97011055) for Environmental Assessment 97-337 for Specific Plan 97-029, Amendment No. 4, referred to as the "Project" for located east of Adams Street and south of Auto Centre Drive the and more particularly described as: APN'S 649-670- 012, 649-670- 013, 649-670-015 thru 649-670- 022 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 141h day of June, 2005, hold a duly noticed Public Hearing, and continued said hearing to the 28th day of June, 2005, and again continued said hearing to the 26t' day of July, 2005 to consider the request of Stamko Development Co. for a recommendation to approve an Addendum to a Supplemental EIR (Schedule No. 97011055) for Environmental Assessment 97-337 for Specific Plan 97-029, Amendment No. 4, referred to as the "Project" for located east of Adams Street and south of Auto Centre Drive; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14 nth day of June, 2005 hold a duly noticed Public Hearing and continued said hearing to the 28th day of June, 2005, and again continued said hearing to the 261h day of July, 2005 to consider a request by Stamko Development Co. for approval of a Specific Plan Amendment to add a new driveway access on Adams Street and a change of the design of the internal circulation pattern, internal access, and retention basin the Centre at La Quinta Specific Plan, generally located at the southwest of Highway 1 1 1 and Adams Street, a portion of Planning Area 2 of Specific Plan 97-029, as Amended. WHEREAS, an Addendum to a Supplemental EIR (Schedule No. 9701 1055) for Environmental Assessment 97-337 has been prepared and determined that the Specific Plan Amendment as part of the Implementing Project does not trigger the need for the preparation of an additional Environmental Assessment, pursuant to ��9 07 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC Reso Environmental Addendum.doc City Council Resolution 2005- Addendum to Supplemental EIR for Environmental Assessment 97-337 Stamko Development Co. Adopted: October 18, 2005 CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Implementing Project does not involve: 1. Substantial changes to the project analyzed in the Environmental Addendum which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; 2. Substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Addendum; or 3. New information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Addendum to substantially increase the severity of previously identified impacts. 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 approval of an Addendum to a Supplemental EIR (Schedule No. 9701 1055) for Environmental Assessment 97-337 and; 1. The Implementing 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 the Environmental Addendum. 2. The Implementing 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 no significant effects on environmental factors have been identified by the Environmental. Addendum. 3. There is no evidence before the City that the Implementing Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The Implementing 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. 360 08 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC Reso Environmental Addendum.doc City Council Resolution 2005- Addendum to Supplemental EIR for Environmental Assessment 97-337 Stamko Development Co. Adopted: October 18, 2005 5. The Implementing Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed Project. 6. The Implementing Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services and that the Specific Plan Amendment complies with all mitigation measures adopted in Environmental Assessment 97-337. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures are imposed on the project that will reduce impacts to a less than significant level. 8. The City Council has considered Environmental Assessment 97-337 and said Assessment reflects the independent judgment of the City. 9. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council to approve the Addendum to Environmental Assessment 97-337 and this Specific Plan Amendment; 2. That it does hereby approve of the Addendum to a Supplemental EIR (Schedule No. 97011055) for Environmental Assessment 97-337 and approve Specific Plan 97-029, Amendment No. 4 for the reasons set forth in this Resolution, subject to the Conditions of Approval attached hereto; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of October 18, 2005, by the following vote, to wit: 361 09 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC Reso Environmental Addendum.doc City Council Resolution 2005- Addendum to Supplemental EIR for Environmental Assessment 97-337 Stamko Development Co. Adopted: October 18, 2005 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 362 10 P:\Reports - CC\2005\1 0- 1 8-05\SP 97-029 Amd. No. 4 Stamko\CC Reso Environmental Addendum.doc ADDENDUM TO SUPPLEMENTAL EIR (SCH NO. 97011055) (CEQA GUIDELINE 15164) FOR SPECIFIC PLAN 97-029, AMENDMENT NO. 4 APPROVAL OF A NEW DRIVEWAY ACCESS ON ADAMS STREET AND A CHANGE OF THE INTERNAL CIRCULATION PATTERN FOR THE SOUTHEAST PORTION OF THE CENTRE AT LA QUINTA, SOUTH OF AUTO CENTRE DRIVE AND EAST OF ADAMS 363 11 PROJECT BACKGROUND The City of La Quinta ("City"), as lead agency under the California Environmental Quality Act, Public Resources Code section 21000, et seq. ("CEQA") has prepared this Addendum pursuant to CEQA Guideline 15164 to address the potential environmental impacts of development of a 22 acre portion of Planning Area II of the Centre at La Quinta Specific. The environmental impacts associated with the development of that portion of Planning Area II of the Centre at La Quinta Specific Plan located at the southwest portion of the center; east of Adams Street and south of Highway 1 1 1, were analyzed in the Supplemental EIR adopted in connection with the approval of Amendment #1 to the Centre at La Quinta Specific Plan. PURPOSE OF ADDENDUM This Addendum is intended to .address whether changes or additions must be made to the previously adopted Supplemental EIR. Moreover, this Addendum is intended to verify that the proposed changes in the Specific Plan would be consistent with the scope of development analyzed in the Supplemental EIR, and to further verify that there have been no changes in circumstances or disclosure of new information which would trigger the requirement to do a subsequent environmental assessment of the project. The previous Supplemental EIR and supporting Environmental Assessment 97-337 identified that subsequent site development permit applications would be part of the overall project assessed at that time, namely, disposition and development of the 22 acres of property located at the southwest portion of the center; east of Adams Street and south of Highway 1 1 1. The proposed Specific Plan Amendment is consistent with the development assumptions relied upon in conducting the environmental analysis in the Supplemental EIR. There has been no change in the proposed development of the site. The only difference in the proposed Specific Plan Amendment when compared to the development assumptions reflected in the Supplemental EIR is the addition of an access driveway into the Commercial Center and a modification of the internal circulation. The City has compared the impacts of the proposed Specific Plan with those impacts analyzed in the Supplemental EIR and finds as follows: 364 P:\Reports-CC\2005\10-18-05\SP97-029Amd.No.4 Stamko\EA Addendum revised CC for SP 97-029 Amd 4.doc 12 Aesthetics — Impacts identical to those previously analyzed. The allowed land uses (retail commercial, high density affordable housing, and auto dealers) has not changed from that reviewed in the original Supplemental EIR. Agriculture Resources - Impacts no greater than previously analyzed. The site is in the urban core of the City, and is not in agriculture, nor is it within several miles of lands in agriculture. Air Quality - Impacts equivalent to those previously analyzed. No changes have been proposed in the project which would result in a greater number of vehicle trips, which are the primary source of emissions associated with buildout of the project. Hazards and Hazardous Materials - Impacts identical to those previously analyzed. Implementation of the proposed Specific Plan Amendment will not change the land uses on the site, which will be regulated for hazardous materials storage and transport by the City and County. Hydrology and Water Quality — Impacts equivalent to those previously analyzed. The City still requires the implementation of NPDES standards and on -site retention, which will be implemented for the proposed Specific Plan Amendment. Land Use Planning - Impacts equivalent to those previously analyzed. The property is vacant and will not impact an established community. The proposed project is consistent with the uses contemplated and allowed in the General Plan and Zoning Ordinance. It serves to implement the Specific Plan for the Centre at La Quinta. Public Services - Impacts identical to those previously analyzed. The land uses proposed for the site have not changed, and will require the same level of service as that evaluated in the Supplemental EIR. Recreation - Impacts equivalent to those previously analyzed. The allowed land uses will have no impact on recreational facilities in the City. Transportation/Traffic - Impacts less than or equal to those previously analyzed. An additional driveway into the Commercial Center will provide dispersion of traffic. It serves to implement the Specific Plan for the Centre at La Quinta. Impacts no greater than those previously analyzed. 365 P:\Reports - CC\2005\1 0-1 8-05\SP 97-029 Amd. No. 4 Stamko\EA Addendum revised CC for SP 97-029 Amd 4.doc 13 Biological Resources - Impacts equivalent to those previously analyzed. No physical changes are proposed in the project. The impacts to biological resources will not change. Cultural Resources - Impacts no greater than those previously analyzed. The required mitigation associated with the Supplemental EIR will be implemented With Site Development Permits for the Project, and will reduce impacts to less than significant levels. Geology and Soils - Impacts identical to those previously analyzed. The structures proposed for the project site have not changed, and the mitigation measures originally approved will be implemented with Site Development Permits for the Project. SUMMARY OF FINDINGS Mineral Resources — The site does not contain mineral resources. Noise - Impacts no greater than those previously analyzed. The land uses proposed consist of commercial uses which are not sensitive receptors. There no changes in proposed land uses. Population and Housing - Impacts identical to those previously analyzed. The proposed commercial land uses will not induce significant population growth. Utilities and Service Systems Impacts identical to those previously analyzed. No physical change is proposed to the project, and impacts to utilities will be as previously analyzed. The City finds that none of the conditions described in Section 15162 of the CEQA Guidelines requiring preparation of a subsequent or supplemental MND or EIR have occurred. More specifically, the City has determined that: Finding 1. There are no substantial changes to the Specific Plan that would require major revisions of the Supplemental EIR due to new significant environmental effects or a substantial increase in the severity of impacts identified in the previous Supplemental EIR. 66 P:\Reports - CC\2005\1 0-1 8-05\SP 97-029 Amd. No. 4 Stamko\EA Addendum revised CC for SP 97-029 Amd 4.doc 14 Facts in Support of Finding. The project has not changed substantially from the development assumptions contained in the previously Supplemental EIR. The Supplemental EIR assumed development of approximately 850,000 square feet of general retail, auto dealer, and high density housing uses for the entire Specific Plan Area. A portion of the site, 22 acres is within Planning Area II of the Centre at La Quinta Specific Plan. The proposed Specific Plan Amendment provides no change in the allowed square footage in the adopted Specific Plan. Accordingly, the Specific Plan Amendment is consistent with the development assumptions contained in the Supplemental EIR. The proposed design changes i.e. a new driveway entrance does not result in additional or more severe significant impacts since the development potential remains the same as the in the Supplemental EIR. Finding 2. No substantial changes have occurred in the circumstances under which the proposed Specific Plan Amendment is being undertaken that will require major revisions of the previously adopted Supplemental EIR to disclose new significant environmental effects or that would result in a substantial increase in the severity of the impacts identified in the MND. Facts Supporting the Finding. The circumstances under which the proposed Specific Plan Amendment will be undertaken are accurately and adequately described. The new driveway access does not result in additional or more sever significant impacts since the development potential remains the same as in the Supplemental EIR. There have been no substantial changes in the circumstances under which the proposed Specific Plan Amendment will be developed resulting in new or more severe significant impacts. Finding 3. There is no additional new information of substantial importance, which was not known at the time of the adoption of the previous Supplemental EIR, indicating that: (1) The project will have one or more significant effects not discussed in the Supplemental EIR; (2) There are no impacts that were determined to be significant in the Supplemental EIR that would be substantially more severe; (3) There are no additional mitigation measures or alternatives to the project that would substantially reduce one or more identified significant impacts; and (4) There are no additional mitigation measures or alternatives which were rejected by the City that would substantially reduce any identified significant impact identified in the Supplemental EIR. Facts Supporting the Finding. No new information of substantial importance to the conclusions of the previously adopted Supplemental EIR has been identified with the analysis of this Addendum. Moreover, the. previously adopted Supplemental EIR concluded that all potentially significant impacts may be reduced to less than significant levels with the implementation 367 of identified mitigation measures. The mitigation measures identified in the P:\Reports - CC\2005\1 0-1 8-05\SP 97-029 Amd. No. 4 Stamko\EA Addendum revised CC for SP 97-029 Amd 4.doc 15 Supplemental EIR will be adopted and implemented with Site Development Permits for the Project. Finally, no additional significant impacts are identified pursuant this Addendum. Signature June 3, 2005 Date 368 PAReports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\EA Addendum revised CC for SP 97-029 Amd 4.doc 16 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FOURTH AMENDMENT TO SPECIFIC PLAN 97-029 (CENTRE AT LA QUINTA) CASE: SPECIFIC PLAN 97-029, AMENDMENT # 4 APPLICANT: STAMKO DVELOPMENT CO. WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of September, 2005 hold a duly noticed Public Hearing, and continued said hearing to the 18`h day of October, 2005 to consider a request by Stamko Development Co., to approve a Specific Plan Amendment to add a new driveway access on Adams Street and a change of the design of the internal circulation pattern, internal access, and retention basin for the Centre at La Quinta Specific Plan, located east of Adams Street, south of Auto Centre Drive; and more particularly described as: APN'S 649-670- 012, 649-670- 013, 649-670-015 thru 649-670- 022 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 141h day of June, 2005, hold a duly noticed Public Hearing, and continued said hearing to the 281h day of June, 2005, and again continued said hearing to the 261h day of July, 2005 to consider a request by Stamko. Development Company, to recommend to the City Council approval of a Specific Plan Amendment to add a new driveway access on Adams Street and a change of the design of the internal circulation pattern, internal access, and retention basin for the Centre at La Quinta Specific Plan, located east of Adams Street, south of Auto Centre Drive; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on the 31 s` day of August, 2005, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and has determined that neither the proposed changes to the project, nor new information will result in the identification of new significant impacts, or the 363 substantial increase in the severity of significant impacts identified in certjfied EIR SCH#9701 1055, and an Addendum to the EIR has been prepared. 17 PAReports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC Reso SP 97-029 Amd. 4.doc City Council Resolution 2005 Specific Plan 97-029, Amendment #4 Stamko Development Co. Adopted: October 18, 2005 Page 2 WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify recommending approval of said Specific Plan Amendment #4: 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 Circulation Element 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 is 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. Thaf the above recitations are true and constitute the findings of the City Cou cil in this case. 2. That it does hereby approve Specific Plan 97-029, Amendment No. 4 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 18"' day of October, 2005, by the following vote, to wit: J70 AYES: NOES: 18 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC Reso SP 97-029 Amd. 4.doc City Council Resolution 2005- Specific Plan 97-029, Amendment #4 Stamko Development Co. Adopted: October 18, 2005 Page 3 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 M P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC Reso SP 97-029 Amd. 4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 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 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. 4, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC") and all applicable conditions of approval for Specific Plan No. 97-029 and Amendments No. 1, 2 and 3, Tentative Parcel Maps 30420 and 28525 and Site Development Permit 97-603 and Amendments No.1 and 2. 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 • South Coast Air Quality Management District • Caltrans 372 20 R\Reports - CC\2005\1 0-1 8-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 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. 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. 373 21 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BM Ps 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 amendment shall include: A. PUBLIC STREETS 1) Adams Street (Primary Arterial, Option A - 110' ROW) - No additional right of way except for an additional right of way dedication at the proposed realigned road connecting Adams Street and La Quinta Drive measured 63 feet east from the centerline of Adams Street 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. 74 22 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 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. Adams Street (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. 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. 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. 14. Applicable to this amendment to the specific plan, direct vehicular access to Adams 375 Street from parcels with frontage along Adams Street is restricted, except for those access points identified on previously recorded parcel maps and the site plan for 23 P:\Reports - CC\2005\ 10- 1 8-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 Amendment No. 4 of the specific plan, or as otherwise conditioned in these conditions of approval. 15. 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. 16. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Specific Plan and the date of recording of any Final Map, unless such easement is approved by the City Engineer. - GRADING 17. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 18. 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. 19. 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. J� 24 P:\Reports = CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL —RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 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. 20. 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. 21. 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 (18") behind the curb. 22. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 23. 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. 24. 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. 37 N9 P:\Reports - CC\2005\ 10- 1 8-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 IIRAINAGF 25. 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. 26. 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 first flush storm water and nuisance water surges from landscape area, commercial activity and off - site street nuisance water. 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. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. 27. 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. 28. 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. 29. Stormwater may not be retained in landscaped parkways or landscaped setback lots along Adams Street. 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. 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 7826 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO.4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 31. 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. 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 33. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 34. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 35. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 36. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 37. 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. 38. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 79 27 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 1) Highway 1 1 1 (Major Arterial — State Highway; 140' R/W): No additional widening on the south side of Highway 1 1 1 is required for the Specific Plan under this amendment. 2) Adams Street (Primary Arterial; Option A, 1 10' R/W): No additional street widening is required on the east side of Adams Street along the Specific Plan boundary, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at the proposed realigned road connecting Adams Street and La Quinta Drive. The east curb face shall be located fifty one feet (51') 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. Other required improvements in the Adams Street right of way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) Reconstruct the existing 6' meandering sidewalk along the deceleration/right turn only lane at the proposed realigned road connecting Adams Street and La Quinta Drive. 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 Adams Street and Avenue 47 intersection as conditioned of Tentative Parcel Map 28525. 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 50 28 P:\Reports - CC\2005\ 10- 1 8-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc `j S V CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 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. 39. 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: Parking Lot 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 40. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 41. All access points and turning movements of traffic previously approved shall remain. Additional access points and turning movements of traffic as proposed for this amendment to the Specific Plan 97-029 are limited to the following: A. Adams Street entry for realigned road from Adams Street to La Quinta drive (Adams Street): Right turn in and out movements are permitted. Left turn in and out movements are prohibited. 42. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 43. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. JO� w P:\Reports - CM2005\1 0-1 8-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 CONSTRUCTION 44. 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 45. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 46. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 47. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 48. 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. 49. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 50. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 382 30 PAReports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO.4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 QUALITY ASSURANCE 51. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 52. The applicant shall employ, .or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 53. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 54. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 55. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 56. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 57. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 58. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 3 31 �8 P:\Reports - CC\2005\10-18-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN AMENDMENT 97-029, AMENDMENT NO. 4 STAMKO DEVELOPMENT CO. ADOPTED: OCTOBER 18, 2005 COMMUNITY DEVELOPMENT 59. Prior to final approval of the Specific Plan Amendment, applicant shall add the following language to the Specific Plan text: The applicant shall prepare a final street design, including a round -about design option for the intersection of Auto Centre. Drive South and the proposed new driveway (this excludes the intersection of La Quinta Centre Drive and the proposed new driveway), for the proposed new internal road and submit plans, for approval by the Planning Commission, as an independent Site Development Permit or concurrent with the next Site Development Permit submittal in Planning Area 2 of the Specific Plan. 33 8 4 32 PAReports - CC\2005\1 0-1 8-05\SP 97-029 Amd. No. 4 Stamko\CC COA - SP 97-029, Amend No.4.doc ATTACHMENT 1 • ar I — )) eus Me• � I �.s ♦c ss , aAc ---- OJECT LOCATION r 1 11 3 J4 n�s�c U.R AC • � 3 I N PROJECT LOCATION MAP J ') 33 ATTACHMENT #2 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 26, 2005 CALL TO ORDER 611.8 A. This meeting of the Planning Commissio was called to order at 7:00 p.m. by Chairman Kirk who a/kedissioner Ladner to lead the flag salute. B. Present: Commissioners Ed Kay Ladner, Paul Quill and Chairman Kirk. It was mseconded by Commissioners Ladner/Quill to excuse Commniels. Unanimously approved. C. Staff present: Community evelopment Director Doug Evans, Assistant City Attorney Michael uston, Assistant City Engineer Steve Speer, Planning Manager Les ohnson, Principal Planner Fred Baker, Associate Planner Wallace Nes and Executive Secretary Betty Sawyer IL PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. Chairman Kir asked if there were any corrections to the Minutes of July 12, 2005. There being none, it was moved and seconded by Commissi ner Alderson/Quill to approve the minutes as submitted. IV. CONSENT ITEMS: None. V. PUBLIC HEARINGS: A. Specific Plan 97-029, Amendment No. 4; a request of Stamko Development Co. for consideration of a new driveway access on Adams Street and a design change to the internal circulation pattern, internal access, and a retention basin, for the property located on the east side of Adams Street, south of Auto Centre Drive. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Community Development G:\WPDOCS\PC Minutes\7-26-05.doc Planning Commission Minutes July 26, 2005 Director Doug Evans explained the purpose of asking the applicant to provide a focused traffic study. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the proposed round -a -bout would take more or less land than a conventional intersection. Assistant City Engineer Steve Speer stated it would be about the same. 3. Chairman Kirk asked about the condition requiring a traffic study and whether or not it would affect the Avenue 47/Adams Street intersection. Assistant City Engineer Steve Speer stated no. Staff was focusing on northbound to left bound traffic at Highway 1 1 1. Chairman Kirk asked if Avenue 47/Adams Street intersection was complete. Staff stated that it is budgeted for the current fiscal year. 4. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Chris Clarke, Stamko Development Co., discussed the location of the round -a -bout. She explained some of the issues such as truck access from Wal-Mart would not be able to make the turn. She does not object to the round -a -bout, but would like to request no public parking be allowed. She then explained the purpose of the new internal circulation pattern. 5. Chairman Kirk asked if there were any questions of the applicant. There being none, Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 6. Commissioner Alderson asked if any of the previous traffic studies could be used for this change. Assistant City Engineer Steve Speer stated no; the proposed change will change the traffic flow and the study is therefore needed. He went on to explain the circulation patterns and what problems staff anticipates will occur. 7. Commissioner Quill asked if staff was requesting a full traffic study or a look at the models as it relates to the new intersection to see if there are any impacts or significant. Staff stated they are looking for a focused study to make sure the City has the traffic generation numbers correct. The Wal-Mart study underestimated the amount of traffic significantly, such as the amount of traffic making left turns off Highway 111 into the Wal-Mart center. When the Sam's Club traffic study was completed, the numbers 087 36 G:\WPDOCS\PC Minutes\7-26-05.doc Planning Commission Minutes July 26, 2005 were increased to take this into account for Dune Palms Road. Now, with this project, staff is looking at the traffic on Adams Street. 8. Commissioner Ladner asked staff to explain how the traffic flow would change. Staff explained that by constructing the proposed new street it will generate traffic traveling to the west, then going north to Highway 111. 9. Commissioner Quill asked if staff agreed with the round -a -about and the truck traffic. Staff explained the round -a -bout is designed with a truck apron to allow the distance needed for the trucks to negotiate the intersection. 10. Chairman Kirk asked if the undeveloped areas had an approved site plan submitted. Staff stated no. Chairman Kirk asked if a big box were proposed for this site, would another traffic study be required. His concern is that whatever is proposed for the site would require another traffic study. Community Development Director Doug Evans explained staff's concerns regarding traffic in this area. Discussion followed regarding circulation and traffic issues of the site. 11. Commissioner Quill asked if a tentative parcel map been filed. Staff stated it has a final recorded map. Commissioner Quill asked if lot line adjustments would be required for the proposed change. Staff stated it would require a new map and the reconfiguration is not known at this time. Commissioner Quill questioned the ability to create larger lots. Staff stated there is the potential to create a larger lot. Discussion followed regarding the traffic study. 12. Chairman Kirk asked if a traffic study was not done now, would staff recommend a study be required as part of the site development permit process for this site. Staff stated it could be done at that time, but the burden is then on one parcel. If the study is required as the site builds out, the burden of the traffic study is placed on several individual parcels. In so doing, the City loses the ability to condition the needed street improvements on the entire site. Chairman Kirk stated he is has an easier time putting the burden on an applicant that is going to generate traffic in this area rather than placing the burden on this applicant who is improving the internal circulation and not generating any additional lease, revenue, or profit. It does not logically seem right. J g S 37 G:\WPDOCS\PC Minutes\7-26-05.doc Planning Commission Minutes July 26, 2005 13. Commissioner Ladner stated the site is poorly planned and she too has a problem burdening this applicant with the costs involved to solve the problem. Staff stated the master developer has the opportunity to pass the costs on, rather than putting the cost on each parcel owner. 14. It was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-031 recommending certification of an Addendum to Environmental Assessment 97- 337, as recommended. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 15. It was moved and seconded by Commissioners Quill/Alderson to adopt Planning Commission Resolution 2005-032, recommending approval of Specific Plan 97-029, Amendment No. 4, as amended: a. Condition #60. Deleted. ROLL CALL: AYES: Commissioners Alderson, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. Commissioner Quill asked staff to report back on the Christmas storage containers for the large box UsI rs and how they will be screened. B. Village, Use Permit 2005-027; a request of South West Concepts for conside� Agreeme retail/off ion of development plans, including a Parking Management t, for the construction of a + 10,709 square foot two-story kbuilding in the Village at La Quinta. 1. Chairm&i Kirk excused himself due to the close proximity of his residence nd this application and left the dais. 2. Vice Chairman Quill opened the public hearing and asked for the staff report. A ociate Planner Wallace Nesbit presented the information contain din the staff report, a copy of which was on file in the Community evelopment Department. 3. Vice Chairman Quill askedXthere were any questions of staff. Commissioner Alderson commended the applicant on the j 8 9 G:\WPDOCS\PC Minutes\7-26-05.doc i- Z w U Q F- Q J�� OF 19 DATE: TO: OCTOBER 18, 2005 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUGLAS R. EVANS, CO NITY DEVELOPMENT DIRECTOR SUBJECT: MODIFICATION TO CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 4 Staff is recommending the following conditions be modified to read as follows: 5. Delete. Same as Condition No. 58 58. 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) or pursuant to the terms of the Develpoment Agreement for the property described in the existing legal description contained in the Development Agreement. 38. A. 3. The applicant shall install the traffic signal at the Adams Street and Avenue 47 intersection as conditioned of Tentative Parcel Map 28525. Applicant is responsible for 50% of the cost to design and install the traffic signal. Applicant shall enter into a SIA to post security for 50 % 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. �91 WASHINGTON -�`"" STREET —AL � L _.Z H Itc,►us it• w0� I• VIA � � '—� � � e i y � r v . I g 2 iu C C ANA �p IA p V A vI I � I � � � � a a NJ v fs I VIA a:o �I �y g 1 � < m VIA PER �q VIA _ ° - I PIN All L m ;� m n m m z m D •, n -� n • r m ' � �> x D Cl) / T pti,iSri,C � ur..OGii::riinU ''q m r�iu$.ui,! !, l ill; t itij'0 BE r m Au c O ,r I SU! U1L�"U `ulY� U1J Ui�1R �y 1�rk ro n j C- D m z 0�� ti OF COUNCIL/RDA MEETING DATE: October 18, 2005 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Certifying a Mitigated Negative Declaration for Environmental Assessment 2005-543 and Approving Tentative Tract Map 33444, the Subdivision of 317.61 Acres into 219 Single -Family Lots, Open Space and Other Miscellaneous Lots, Located West of Jefferson Street, South of Quarry Ranch. Applicant: Coral Mountain Trails 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 2005-543; and Adopt a Resolution of the City Council approving Tentative Tract Map 33444 to subdivide 317.61 acres into 219 residential lots, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The proposal is located primarily west of the Jefferson Street alignment, and south of the Quarry/Quarry Ranch development (Attachment 1). The project is nestled between the Quarry/Quarry Ranch and Lake Cahuilla County Park to the north, recently created Coral Mountain Park District Park to the west, mountainous open spaces to the east and the continuation of an alluvial fan open space area to the south. �93 General Plan The land use designations for the subject property consist of Low Density Residential and Open Space with Hillside Overlay designations. The project, with the recommended conditions of approval, is consistent with the City's General Plan goals and policies. The project proposes to protect the natural environment, in particular the open space hillsides, and provide high quality development that promotes the City's image as the "Gem of the Desert." Jefferson Street will provide access to the project and is designated . as a Secondary Arterial. In addition, Jefferson Street will include a multi -purpose trail that will maintain an important link for the Boo Hoff Trail, which currently routes through the subject property. As conditioned, Jefferson Street provides safe and efficient access to and from the site as well as protects the residential resort character commonly known in this segment of La Quinta. Specific Plan 94-025 The proposed subdivision is located within the Green Specific Plan (SP 94-025, Amendment No. 1) previously approved by the City Council on May 1, 2001 under Resolution No. 2001-60. The proposed development is in substantial conformance with the Specific Plan. The Specific Plan allows 277 resort homes on 94.1 acres and identifies 231.2 acres of open space. The three residential lot sizes/densities (Cove lots, Estate lots, and Custom lots) allowed within the Specific Plan are 8,000, 10,000 and 30,000 square feet. In addition, the Specific Plan contains design guidelines for the development with three architectural themes identified: Italian Mediterranean, French Mediterranean, and Spanish Mediterranean. Parcel Map 28617 Parcel Map 28617 was approved by the City Council on June 5, 2001 under Resolution 2001-62. This Map subdivided the subject property into three developable lots and three open space lots. Two of the developable lots are proposed for development with this Tentative Tract Map; the third lot has been sold and is not a part of this application. The Open Space lots have been dedicated in perpetuity to themselves and successor owners as undevelopable natural hillside. Tentative Tract Map 33444 Overview The applicant is proposing to subdivide the approximately 317.61 acre site into 219 single-family residential lots ranging in size from 8,011 to 21,140 square feet (Attachment 2). Several miscellaneous lots are designated for streets, landscaping, open space, drainage, common use, a recreation facility, and a guardhouse. Residential lots along the west edge of the tract (Lot Nos. 85-92 and 166-178) are proposed to have drainage easements ranging from 10 to 50 feet in width located along the back of the lots adjacent to hillside slopes. These easements are necessary for the conveyance of storm water and rock fall protection. J 9 4 Accompanying the original tentative tract map application, several color illustrations were given that provide a general design palette for the proposed development. Since application submittal, minor modifications to the tract design and layout have occurred, which have resulted in differences between the color site illustration and the actual tentative tract map being considered (Attachment 3). Please note that the tentative tract map reflects the latest proposal by the applicant (as recommended for approval by the Planning Commission) and that the general design palette remains unchanged. Open Space Lots The proposed open space lots (Lots CCC through HHH) total 223.5 acres and are conditioned to be dedicated as open space lots in perpetuity as undevelopable natural hillside to themselves and successor owners. Lot BBB, designated a common lot and located along the northern edge of the property, is shown as an alternate street route in the Specific Plan to access the buildable lots located to the northwest of the proposed Tentative Tract (not part of this development). The applicant does not propose to designate this as a street lot or to build a street access. See response to comments regarding U.S. Fish & Wildlife Service (FWS) comments relative to open space lots. Circulation As previously noted, Jefferson Street is proposed to provide the primary access to and from the subject site. Though designed, this segment of Jefferson Street has yet to be constructed and must be completed in advance of development. The applicant is responsible for the construction of the entire length of Jefferson Street from Avenue 58, less their proportionate share, which will be reimbursed through a reimbursement agreement with the City for costs not associated with the proposed tract development (Attachment 4). Located towards the eastern end of the subject site, Jefferson Street divides the tentative tract with 35 of the 219 residential lots proposed east of the proposed alignment. The General Plan aligns Jefferson Street with a slight east to west curve as it travels from north to south through the applicant's hillside property. Heading north from the subject site, Jefferson Street will connect with Avenue 58. The route is aligned as a curved roadway through Coral Mountain Park, over the Bureau of Reclamation dike, connecting with the subject property east of the Quarry Ranch. The curved roadway portion of Jefferson Street is one of the City's Capital Improvement Projects. The improvements for the portion of Jefferson Street adjacent to the Quarry Ranch are the combined responsibility of the Quarry Ranch and the applicant. The Quarry Ranch responsibility was previously bonded for with the approval of final maps for that development. Jefferson Street is designated as a Secondary Arterial in the General Plan; the applicant has proposed a design for Jefferson Street that includes a landscaped) () J median, two lanes of street improvements and adequate space for the multi- purpose trail (Attachment 5). Parcel Map 28617 included the dedication of 100 feet of right-of-way, which is, with minor adjustments, sufficient to develop Jefferson Street as proposed. The applicant is required to construct Jefferson Street along the entire length of the proposed development up to and abutting the Bureau of Land Management property immediately to the south. Proposed and existing grade elevations identified on the tentative tract map indicate a significant grade difference between Jefferson Street and Lots 8, 9, 10, and 1 1. As currently proposed, this difference would be approximately 16 feet at the highest point, which is at Lot 11. Please note that the grade difference between Quarry Ranch and the subject property is discussed later in the report. Current plans to reduce the grade difference between the two developments will directly impact the road grade difference as well. The project is conditioned to provide conceptual landscape plans for Jefferson Street and shall be reviewed by the Architecture and Landscape Review Committee (ALRC) and approved by the Planning Commission during review of a Site Development Permit for prototypical homes. The applicant will provide additional information regarding the proposed common areas for consideration during the same review period. The subdivision design proposes curvilinear 33 foot wide private streets providing access to the larger estate lots. Lots of approximately 8,000 square feet are located along the north property line and are proposed to be clustered villas with access provided by knuckled driveways. Residential Estate Lots 150, 153, 154, 170, 171, 172, 187, and 188 have rock outcroppings that fall under the City's Hillside Conservation Ordinance. The applicant does not intend to disturb these rock outcroppings and supplied a note on the Tentative Tract Map indicating these areas are not to be disturbed except for weeding and re -vegetation with native materials. A condition has been added which requires that development of these lots show compliance with the City's Hillside Conservation Ordinance and prohibits disturbance of the outcroppings via a covenant recorded on these lots. Relationship to Quarry Ranch Cross sections (Attachment 6) are provided illustrating the relationship between the existing Quarry Ranch homes and the proposed residential lots for this tract. The cross sections show proposed Lots 41 and 14 in relationship to the lots to the north within the Quarry Ranch. The cross sections also show proposed and existing pad heights at the cross section locations and their relationships to one another. Residential lot lines in this portion of the proposed tract are set back varying distances between 16 and 40 feet from the common property line within the Quarry Ranch. The total distance between these projects from residential lot line to ,, residential lot line varies from approximately 90-150 feet. This area has been 3 9 6 proposed to help buffer the Quarry Ranch from the proposed development and will be landscaped. The landscape and wall plans will also be reviewed and approved by the ALRC and Planning Commission. North of the common property line, within the Quarry Ranch development, is an earthen drainage channel (which this proposed tract will tie into at Lot QQ). This channel varies in width between 40-80 feet including a 33 foot wide residential street, Quarry Ranch Road. This road separates the Quarry Ranch lots (total of 13) from the drainage channel. These lots take access from Quarry Ranch Road, but the residential units face the golf course to the north. As illustrated in the cross sections, the pad height difference for many of the proposed eastern lots is up to approximately 15 feet, with the proposed tentative tract pad elevations being higher than the residences in Quarry Ranch. This is predominantly due to grading proposed for this segment of the subject site necessary for gravity flow sewer conveyance as dictated by the utility easement provided by Quarry Ranch. A condition has been added limiting the pad height to no greater than what is necessary for sewer conveyance. Staff and the applicant have been in contact with representatives from Quarry Ranch regarding grading and sewer design. It is anticipated that a new sewer easement will be acquired which will allow pads to be lowered to reduce grades. Environmental Assessment An Environmental Assessment has been prepared recommending a Mitigated Negative Declaration (MND) of environmental impact. Potentially affected environmental factors identified included biological resources, utilities/service systems, cultural resources, hydrology/water quality, noise, air quality, geology/soils, and transportation/traffic. Mitigating measures have been established allowing for a Mitigated Negative Declaration to be made. Most notable are the mitigating measures to address hillside protection, stormwater drainage conveyance, and protection of critical habitat. The Draft MND was completed and circulated for a mandatory 30-day review period that began on August 27, 2005 and concluded on September 27, 2005. Comments were received by several responsible agencies and interested parties, to which the City, as Lead Agency, prepared written responses. The comment letters and the written responses are contained in the Environmental Assessment and Response to Comment document. A copy is attached and incorporated by reference in the Environmental Assessment Resolution for this project. Planning Commission Action The Planning Commission, at its September 27, 2005 meeting, recommended approval of the Tentative Tract Map and Environmental Assessment. The Planning Commission determined the project was acceptable and adopted Resolutions 2005- 043 and 2005-044, recommending approval of the request, subject to Conditions of Approval. The recommendation includes revisions to Conditions 38, 52, 58, 62, 397 66, and 71, which are summarized as follows: 38. Planning Commission added a requirement to take "extraordinary measures" to notify property owners who may be negatively affected by the grade differential. Staff and the applicant have discussed this issue with the adjacent property owner representatives. 52. The applicant requested a minor wording amendment to add "...prior to recordation of final map..." p... 58. The applicant requested a minor wording amendment to clarify serving Coral Canyon and that the cost and design of said improvements could be included in the reimbursement agreement. 62. City Attorney amendment to ensure content review of reimbursement agreement by City Attorney and Public Works Director. 66. Amendment to clarify a secondary access to be available for emergency vehicles and residents right turn exit only. 71. Amendment to clarify when building permits for occupied structures could be issued in order to ensure Jefferson Street is completed. At the public hearing, testimony was given by the developer and his representatives in regards to the rationale for project design and concept, as well as responding to questions of the Planning Commission. No on else spoke on this item. The minutes of the September 27 Planning Commission meeting are included as (Attachment 7). Public Notice This map application was advertised in the Desert Sun newspaper on September 16, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. The Mitigated Negative Declaration is required to be circulated through the State Clearing House for State agency comments for a 30-day review. The State Clearinghouse distributed the document to the appropriate agencies; the comment period for this process ended September 27, 2005. Public Agency Review All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. 598 FINDINGS AND ALTERNATIVES Findings necessary to approve the Environmental Assessment and 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 for Environmental Assessment 2005-543; and Adopt a Resolution of the City Council approving Tentative Tract Map 33444 to subdivide 317.61 acres into 219 residential lots, subject to the Findings and Conditions of Approval; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, kmx, e �� Douglas R. Evans Community Development Director Approved for submission by: FThomas P. Genovese, City Manager Attachments: 1 . Location Map 2. Tentative 33444 map exhibit. 3. Concept Design Exhibits 4. Jefferson Street Realignment Exhibit 5. Jefferson Street Cross Section 6. Excerpt from Planning Commission Minutes of September 27, 2005 �99 RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-543 PREPARED FOR TENTATIVE TRACT MAP 33444 ENVIRONMENTAL ASSESSMENT 2005-543 APPLICANT: CORAL MOUNTAIN TRAILS L.L.C. WHEREAS, the City Council of the City of La Quinta, California, did, on the 181h day of October, 2005, hold a duly noticed Public Hearing to consider the request of Coral Mountain Trails L.L.C. for Environmental Assessment 2005-543 prepared for Tentative Tract 33444 located west of the Jefferson Street alignment, south of the Avenue 60 alignment , more particularly described as: APN'S: 776020-004, 005, and 007 through 009 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 277' day of September, 2005, hold a duly noticed Public Hearing to consider the request of Coral Mountain Trails L.L.C. for Environmental Assessment 2005-543 prepared for Tentative Tract 33444 located west of theJefferson Street alignment, south of the Avenue 60. WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that this Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration has been posted with the Riverside County Recorder's office 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 applications 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 2005-535. 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 400 drop below self sustaining levels, threaten to eliminate a plant or animal P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC RESO EA 2005-543.doc Resolution 2005- Environmental Assessment 2005-543 Coral Mountain Trails L.L.C. Adopted: September 27, 2005 community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. 3. Considering the record as a whole, there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The City Council has considered Environmental Assessment 2005-535, written and oral comments, including written responses to comments received, and said Assessment reflects the independent judgment of the City. 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. 4u1 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC RESO EA 2005-543.doc Resolution 2005- Environmental Assessment 2005-543 Coral Mountain Trails L.L.C. Adopted: September 27, 2005 2. That it does hereby certify Environmental Assessment 2005-543 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 2005-543 reflects the independent judgment of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18t' day of October, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 J- 2 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC RESO EA 2005-543.doc TN/City of La Quinta/TTM 33444 EA 2005-543 Response to Comments/10.10.05 ENVIRONMENTAL ASSESSMENT NO.2005-543 RESPONSE TO COMMENTS TENTATIVE TRACT NO. 33444 CORAL CANYON Introduction An environmental assessment (EA) was prepared for Tentative Tract No. 33444, which implements the Green Specific Plan and is also referred to as the Coral Canyon subdivision. The EA had a 30-day comment period, which ended on September 27, 2005. Comments on the EA were received from the following: US Fish and Wildlife Service (Service), California Department of Health, Coachella Valley Recreation & Parks District (CVRPD), Riverside County Fire Department, La Quinta Police Department, Desert Sands Unified School District (DSUSD), Sunline Transit Agency, and the Coachella Valley Water District (CVWD). The following summarizes comments and, where appropriate, provides responses. US Fish and Wildlife Service Comment 1. Requested Revisions to Biological Resources Mitigation Measure No. A.-1 The Service has requested that a fourth entity, the US Fish and Wildlife Service, be added to the committee created by this measure. The Services has also asked that the measure incorporate provisions for activation if unauthorized recreation trails are found to emanate from the project site to address potential adverse impacts from unauthorized encroachment into sensitive habitat. It is also requested that the subject measure provide for the project Homeowners Association (HOA) or other legal entity to be responsible for long-term fence maintenance in the event a fence must be erected. Response 1. The following amendments to Biological resources Mitigation No. 1 are recommended. A. Peninsular Bighorn Sheep and Habitat Protection 1. In the event PBS are found to be attracted to the residential site, a five -person committee shall be formed, consisting of two representative of the Homeowners' Association (HOA), one representative of the California Department of Fish and Game (CDFG) and one from the US Fish and Wildlife Service (Service), and the Community Development Director. The purpose of the committee shall be to assess the need for a fence to keep Peninsular bighorn sheep from entering the project site. The committee shall monitor sheep activity through various means, including interviews with residents and visitors, and any available scientific data available and/or funded by the HOA. If bighorn sheep are seen on the project site, the committee shall conduct an evaluation of the circumstances of the sighting and if the situation may cause significant effect the committee shall require that the HOA, at its expense, construct an 8-foot fence along the property line between the project and the hillside. Gaps in the fence should be 11 centimeters or less. At the request of CDFG and the Service, temporary fencing may be required between the time that sheep are seen on the site and the time that permanent fencing is required. The committee shall exist for a period of 10 years, unless bighorn sheep are documented to no longer inhabit the Santa Rosa Mountains. At the end of 10 years, if any one member of the committee deems it necessary for the committee shall continue, until such time as it is dissolved by a unanimous vote of all its members. TN/City of La Quinta/TTM 33444 EA 2005-543 Response to Comments/10.10.05 2. In the event that adjoining PBS habitat is threatened by unauthorized human encroachment emanating from the subdivision, the five -person committee to be formed under Mitigation Measure A.1 shall assess the need for a fence or other appropriate barrier and/or signage to prevent unauthorized trail and human access into adjoining sheep habitat. The committee shall monitor possible human encroachment through various means, including regular City code enforcement activities, interviews with residents and visitors, and any available data or information available from the HOA. If unauthorized trails or other access into sheep habitat are identified emanating from the subdivision, the committee shall conduct an evaluation of the encroachment and if the encroachment warrants the committee shall require that the HOA, at its expense, construct a fence or other appropriate barrier along the property line between the project and the hillside. At the request of CDFG and the Service, temporary barriers may be required between the time that unauthorized human encroachment into sheep habitat is identified and the time that permanent barriers are constructed. The committee shall exist for a period of 10 years, unless bighorn sheep are documented to no longer inhabit the Santa Rosa Mountains. At the end of 10 years, if any one member of the committee deems it necessary the committee shall continue, until such time as it is dissolved by a unanimous vote of all its members. Comment 2. Request Revision to Biological Resources Mitigation Measure No. B.-4 The Service requests that the subject mitigation measure be expanded to preclude the use of toxic plants, including oleander and ornamental species in the nightshade family. Response 2. The following amendments to Biological Resources Mitigation No. B.4 are recommended. B. Desert Dry Wash Woodland 4. The project plant palette shall utilize native DDWW vegetation (palo verde, ironwood, smoketree, etc.) to the greatest extent practicable. Other native and drought -tolerant materials shall also be used. No invasive plant materials shall be permitted. Toxic plants, including but not limited to oleander and ornamental species in the nightshade (Solanaceae) family, shall be prohibited. A landscape palette consistent with these provisions shall be submitted to the project biologist and City for approval. Comment 3. Request Addition to Biological Resources Mitigation Measure Regarding Artificial Water Features The Service requests that a mitigation measure be added to the EA requiring that any artificial water features developed near sheep habitat be designed to preclude shallow, vegetated areas that could provide breeding habitat for sheep disease vectors. Response 3. The following additional Biological Resources Mitigation is recommended. A. Peninsular Bighorn Sheep 404 2 TN/City of La Quinta/TTM 33444 EA 2005-543 Response to Comments/10.10.05 2. In the event artificial water features (e.g. lakes, ponds) are incorporated into the project's design, these features shall be designed in a fashion that precludes shallow, vegetated areas that could provide breeding habitat for Culicoides midges, an invertebrate disease vector for bluetongue virus. (Note: no lakes or ponds are proposed at this time.) Comment 4. Request Addition to Biological Resources Mitigation Measure Regarding Dedication of Open Space and Funding for Necessary Land Management The Service requests that a mitigation measure be added to the EA requiring that prior to the commencement of grading the open space lands associated with the subject tract map be placed in permanent conservation through a conservation easement and that provisions are made for funding necessary land management. Response 4. The following additional Biological Resources Mitigation is recommended. E. Conservation of Open Space 1. Prior to the issuance of grading permits, the applicant shall place a conservation easement over the open space lands created by the subject TTM 33444 and located outside the envelope of the residential subdivision (Lots BBB, DDD & EEE-1i). Prior to the issuance of occupancy permits the developer, City and the Service shall confer on whether and how funding for open space land management is established and administered. The City at its sole discretion may or may not require funding set aside for future land management. The on -going maintenance may be provided for in the Conditions, Covenants & Restrictions and paid by the Homeowners Association. California Department of Health (CDH) Comment 1. Possible New Water Supply Permitting Requirements The CDH is notifying the City that if a new water supply well or modifications to existing domestic water systems are needed to serve the subject subdivision, that amendments to applicable water system permits may be required. Response 1. The CVWD is the public agency responsible for approving water supply systems needed to support development and regulates and approves the development of such facilities. It is anticipated that CVWD will act in an appropriate manner to maintain or update its water system permits as needed to support the subject project. No additional mitigation measures are required. Coachella Valley Recreation and Parks District (CVRPD) Comment 1. The CVRPD expressed concerns about possible adverse impacts to future CVRPD Coral Mountain Region Park The CVRPD cited concerns regarding traffic impacts to the future park from the long -planned realignment of Jefferson Street, alteration of local drainage from the future Jefferson Street and un- 4~+ 3 TN/City of La Quinta/TTM 33444 EA 2005-543 Response to Comments/10.10.05 named CVWD projects, disposition of cultural resources, park funding, and use of a mitigated negative declaration for the processing of TTM 33444. Response 1. The proposed TTM 33444 implements the Green Specific Plan, which was approved in 1995 and showed the needed future realignment of Jefferson Street on the Specific Plan and associated EIR. These documents were prepared by the CVRPD's consulting engineers, The Keith Company. In 1995, the City approved the Jefferson Street Realignment and associated Mitigated Negative Declaration; these documents were also prepared by the CVRPD's consulting engineers. The plans and environmental documentation for the Coral Mountain Regional Park were prepared by the CVRPD's consulting engineers The Keith Company, and were processed by the CVRPD in 2002. The master plans for this park included the Jefferson Street alignment as it was shown on previous planning documents and in the City's General Plan Circulation Plan. The final alignment of Jefferson Street and its crossing of the Dike No. 2 levee are currently being reviewed by the City and the US Bureau of Reclamation. The US Bureau of Reclamation has been aware of and has been involved in the planning of the Jefferson Street realignment for sometime. As a part of this review, cultural and paleontological resource studies were recently completed on the area that could be impacted by the Jefferson Street realignment. The disposition of cultural resources associated with the park's development remain unresolved, as so stated in the cultural resources report prepared for CVRPD (Drover 2002), and additional surveying and documentation are still required. A detailed hydrology study was prepared by the Keith Company (Tettemer & Associated 2002), which shows the future alignment of Jefferson Street. No hydrologic impacts to the park from Jefferson Street's development were identified in this study. The TTM 33444 will be required to pay in lieu fees to the City for the provision of community parks. Finally, the subject EA has been tiered off of the Green Specific Plan EIR, which was certified by the City. The proposed TTM 33444 is designed to be consistent with the Coral Mountain Regional Park and not expected to have a significant adverse effect on the Park and no additional mitigation is required. Riverside County Fire Department Comment 1. General Conditions of Approval and Development Design Standards The City Fire Marshall has provided a letter that sets forth basic development design standards to assure adequate fire flow, hydrant locations, structures access, clear areas, equipment access, emergency access, and related standards. There are no comments on the subject EA. Response 1. The Fire Marshall's comments are being incorporated into the project Conditions of Approval. No additional mitigation is required. La Quinta Police Department Comment 1. No issues of concern raised Response 1. No additional mitigation is required. ,� 4 TN/City of La Quinta/TTM 33444 EA 2005-543 Response to Comments/10.10.05 Desert Sand Unified School District Comment 1. General Statements Regarding Overcrowding and Payment of School Mitigation Fee Response 1. The school district's mitigation fee is already included in the subject EA. No additional mitigation is required. Sunline Transit Agency Comment 1. General Statements Regarding Pedestrian Access and Concurrence with EA. Response 1. While the agency's letter states that it has bus routes in proximity to the subject property. , this :s not ��, win According to the Sunline web site, the closest direct access to existing bus routes being several miles to the east and northeast (Route 90 A, Van Buren & Ave 50 Route 91 (-) Harrison Sunline Web Site). Sunline does not plan on extending bus service to the subject property. No mitigation measures required. Coachella Valley Water District Comment 1. General Statements Regarding Flood Protection and Provision of Water and Sewerage Services Response 1. The Draft EA provides the same directives requested by CVWD. No additional mitigation is required, however, the CVWD letter should be included in the project Conditions of Approval. Issues regarding water supply and sewerage facilities have also been addressed in the Draft EA; however, again the CVWD letter should be included in the project Conditions of Approval. Summary The various comment letters received on the proposed subdivision and the Draft EA have been essentially addressed in the project Conditions of Approval and the Draft EA. Minor amendment to draft mitigation measures, as set forth above, are expected to satisfy the commenting agencies and do not constitute new information or mitigation that might require recirculation of the Draft EA. This Response to Comments, in conjunction with the Draft EA, constitutes the Final EA for Tentative Tract 33444. US Department of the Interior - Bureau of Reclamation (BOR) Comment 1. The BOR has indicated that they intend to adopt this subject EA for completion of easements and rights -of -way presumable associated with the Jefferson Street extension. Response 1. The City previously met and conferred with BOR staff and a separate NEPA-compliant environmental document for the Jefferson Street encroachment across BOR lands and facilities is currently being prepared. The letter references the need for correspondence and/or other documentation demonstrating 4� i TN/City of La Quinta/TTM 33444 EA 2005-543 Response to Comments/10.10.05 compliance with Section 7 of the federal Endangered Species Act and Section 106 of the National Historic Preservation Act. Any correspondence or agreements with the California Department of Fish and Game, State Historic Preservation Office and the US Bureau of Indian Affairs are also requested. It also references the need for a cumulative impacts discussion in compliance with NEPA and the Bureau's guidelines. All of BOR's concerns and recommendations will be addressed in the forthcoming NEPA EA being prepared for the BOR. Summary The various comment letters received on the proposed subdivision and the Draft EA have been essentially addressed in the project Conditions of Approval and the Draft EA. Minor amendment to draft mitigation measures, as set forth above, are expected to satisfy the commenting agencies and do not constitute new information or mitigation that might require recirculation of the Draft EA. Concerns raised by the Bureau of Reclamation will be fully addressed in the Jefferson Street extension EA currently being prepared. This Response to Comments, in conjunction with the Draft EA, constitutes the Final EA for Tentative Tract 33444. 4Cl8 6 QPQ�ME147 OF�y� p_ United States Department of the Interior H O BUREAU OF RECLAMATION TAKE PRIDE9 Yuma Area Office INAMERICA 4RCH 3 18 7301 Calle Agua Salada 2 IN REPLY REFER TO: Yuma, Arizona 85364 /--� � a� 1E YAO- 7 210 �..'.7 V ENV- 1.10 OCT - 4 2005 R OCT 1 1 ZpD� Mr. Fred Baker Principal Planner City of La Quinta Community Development P.O. Box 1504 La Quinta, CA 92253 Subject: Reclamation Review and Assessment for Riverside County, August 29, 2005) Mr. Baker: CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT of CEQA Environmental Checklist Tentative Tract Map No. 33444 - California - (Your Letter Dated The Bureau of Reclamation (Reclamation) Yuma Area Office has received your letter requesting review and comments on the subject CEQA Environmental Checklist and Assessment. The proposed project will convert 78.78 acres of disturbed Sonoran creosote scrub and desert dry wash woodland into residential lots, developed open spaces, and recreation areas. In order for Reclamation to adopt this document for completion of easements and rights -of -way, it must meet all National Environmental Policy Act (NEPA) standards, Section 7 of the Endangered Species Act, and Section 106 of the National = T - s- 4f;cal, T enccura-e vc„ listor_c PreservatioDn <'c-. lore �k,ec - _I, - 1 to write or include by reference a detailed cumulative impacts analysis. We also request that any correspondence with California Game and Fish Department, U.S. Fish and Wildlife Service, State Historic Preservation Office, and Bureau of Indian Affairs be included in the appendices. Thank you for the opportunity to provide comments on the draft and for keeping Reclamation up-to-date about the progress of the project'- If you have environmental compliance questions please call Ms. Kimberly Garvey, Natural Resource Specialist, at 928-343-8227 or -by email at kgarvey@lc.usbr.gov. If you 2 have questions relating to the application for easements or rights -of -way, please contact Ms. Peggy Haren, Water and Lands Contracts Group Manager, at 928-343-8547 or by email at pharen@lc.usbr.gov. Sincerely, CCy thia Hoeft, Director Resource Management Office 410 In Reply Refer To: FWS-ERIV-4612.1 us FIM&WILDLEM United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad,'California 92011 SEP 2 7 2005 Fred Baker, Principal Planner City of La Quinta SEP 3 0 ZOO5 P.O. Box 1504 La Quinta, California 92253 Subject: Comments on CEQA Environmental Checklist and Assessment, Tentative Tract Map No. 33444 — Applicant: Coral Mountain Trails, LLC, City of La Quinta, Riverside County, California Dear Mr. Baker: On August 29, 2005, the U.S. Fish and Wildlife Service (Service or we) received the subject CEQA Environmental Checklist and Assessment dated August 25, 2005, from your office regarding a proposed housing project. We have reviewed the subject documents and offer the following recommendations to assist you in planning for the conservation of sensitive species within the project area. In particular, we are concerned with the lack of effective minimization and mitigation measures proposed to deal with potential project impacts on the Peninsular bighorn sheep (Ovis canadensis; "bighorn sheep"). The proposed project is partly within Essential Habitat for bighorn sheep (Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California, USFWS 2000), which is federally listed as an endangered species and state listed as a threatened species. Our comments are provided under authority of the Endangered Species Act of 1973, as amended. We recommend incorporation of the following measures into the project design in order to adequately minimize and offset potential adverse impacts to bighorn sheep and their habitat: 1) Revision of the proposed bighorn sheep protective fencing committee (as described on page 12 of the subject Initial Study), to include a representative of the Service, in addition to the other three members. 2) Revision of the proposed bighorn sheep protective fencing mitigation measure to include provisions for construction of a bighorn sheep protective fence in the event that unauthorized recreational trails are discovered emanating from the project site into the surrounding wildlands. In this case, the purpose of the fence would be to reduce human disturbance within bighorn habitat. In general, the unauthorized use of adjacent and nearby preservation open space by users such as hikers and their pets should be discouraged by the project. 411 Fred Baker (FWS-ERIV-4612.1) 2 3) Revision of the proposed bighorn sheep protective fencing mitigation measure to include HOA or other legal responsibilities for long-term maintenance of a bighorn protective fence along the project edge, as needed, to effectively preclude bighorn sheep from entering the project site and/or to reduce human disturbance to surrounding areas. 4) As described in the bighorn sheep Recovery Plan (2000: p. 218), a requirement that new landscape plans for the project incorporate native and locally compatible plant materials and avoid invasive species and toxic plants such oleander and ornamentals in the nightshade (Solanaceae) family. 5) As described in the bighorn sheep Recovery Plan (2000: p. 219), a requirement that any artificial water features (e.g., ponds, lakes) in areas adjoining bighorn habitat should be designed to preclude shallow, vegetated edges that provide breeding habitat for Culicoides midges, an invertebrate disease vector for bluetongue virus. 6) A requirement that, prior to commencement of grading, the 225+ acres of proposed conservation open space be placed in permanent conservation through a conservation easement (per the California Civil Code Section 815 et seq.) with provision of associated funding necessary for land management. If the City and the developer agree to the above recommendations (combined with the project commitments within the subject document), we expect that potential impacts of the proposed project would be adequately offset such that no measurable adverse impacts to bighorn sheep would remain. We recommend that the City withhold authorization of the proposed project until our concerns are resolved. Please contact Stacey Ostermann-Kelm of my staff at (760) 431-9440 if you have any questions or comments concerning this letter. Sincerely, 4Therese O'Rourke Assistant Field Supervisor cc: Kimberly L. Garvey, BOR, Yuma �1? State of California —Health and Human Services Agency Department of Health Services calif. - la Department of Health Services SANDRA SHEWRY Director September 9, 2005 Fred Baker City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 RE: Tentative Tract Map No. 33444 — SCH2O05081148 ARNOLD SCHWARZENEGGER Governor The California Department of Health Services (CDHS) is in receipt of the Negative Declaration for the above project. If the City of La Quinta plans to develop a new water supply well or make modifications to the existing domestic water treatment system to serve the Tentative Tract Map No. 33444 project site, an application to amend the water system permit must be reviewed and approved by the CDHS Riverside District Office. These future developments may be subject to separate environmental review. Please contact Steve Williams of the Riverside office at (619) 525-4159 for further information. Sincerely, hy, � �+ (t Bridgelinning California Department of Health Services Environmental Review Unit Division of Drinking Water and Environmental Management Environmental Review Unit/State Revolving Fund/Prop 50 1616 Capitol Avenue, MS 7418, P.O. Box 997413, Sacramento CA 95899-7413 413 (916) 449-5600 Fax: (916) 446-5656 Internet Address: www.dhs.c:a.00v/ns/ddwe.m SEP 3 D k0 AM Y R CR AT ON AND APARKADISL E CT September 26, 2005 45-871 Clinton Street Via Facsimile (760) 777-1233. Indio, CA 92201 & Regular Mail Phone 760-347-3484 Fax Fred Baker 760-347-4660 Principal Planner Or Douglas R. Evans www.cvrpd.org City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Re: Environmental Assessment 2005-543 — Comments on Mitigated Negative Declaration Dear Messrs. Baker and Evans: The Coachella Valley Recreation and Park District ("District") has the General Manager Stan Ford following comments on the above -referenced Mitigated Negative Declaration ("MND") for the residential project referenced in that MND. Assistant GM Kevin Kalman The project is located adjacent to the District's Coral Mountain Regional Park, which is under construction at this time. That park was the subject of a 2002 Mitigated Negative Declaration, prepared by the Keith Companies. The project. consists of a 2,500 square foot ranger station with Cahuilla Indian interpretive features, 2.5 miles of trails, picnic tables, parking areas, trail head signage, displays and exhibits and a handicapped accessible hiking trail. Despite the fact that some of the same issues were addressed in the District's 2002 mitigated negative declaration, there is no mention of that document or of the project in your MND. There is no mention of any impact to the District in Serving the the Initial Study's analysis of impacts on public agencies or recreational Communities of: services. Bermuda Dunes The District believes that, as proposed, the residential project analyzed in your Coachella MND raises the following concerns for the District: Indian Wells Indio Indio Hills La Quinta Mecca North Shore Oasis Palm Desert Rancho Mirage Salton Sea Thermal 1 Thousand Palms Vista Santa Rosa 414 COACHELLA VALLEY RECREATION AND PARK DISTRICT City of La Quinta Comments on Environmental Assessment 2005-543 Page 2 1. Impacts on the current Coral Mountain Regional Park in terms of traffic, specifically from the realignment of Jefferson adjacent to the park; 2. Streambed alternation as a result of that realignment and the CVWD projects; 3. Disposition of cultural resources, especially given the proposed Cahuilla Indian interpretive center; 4. Funding of the Park, since it will specifically benefit and serve the residents of the proposed subdivision; 5. Use of an MND rather than an EIR, given the project impacts. At a minimum, the District requests that the Planning Commission hearing set for tomorrow night be continued to allow staff time to obtain and analyze the Districts 2002 mitigated negative declaration as well as the points raised above. Unfortunately, District staff apparently has not succeeded in trying to inform the developers involved of these issues. Please enter this letter in the record of the Planning Commission public hearing. In addition, we would appreciate knowing how staff plans to proceed. We have been unable to discuss this matter with staff since Mr. Baker has been ill. Very truly yours, *Z�� Stan Ford General Manager 415 2 Craig E. Anthony Fire Chief Proudly serving the Unincorporated areas of Riverside County and the Cities of: Banning Beaumont 4. Cahmesa 4. Canyon Lake Coachella .;. Desert Hot Springs 4. Indian Wells 4. Indio 4. Lake Elsinore 4• La Quinta 4. Moreno Valley 4. Palm Desert Perris 4. Rancho Mirage San Jacinto 4. Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jeff Stone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT 82-675 Highways 111, 2"d Fl., Indio, CA 92201 • (760) 863-8886 . Fax (760) 863-7072 September 22, 2005 To: Planning Department, City of La Quinta From: Dale A. Evenson, Fire Safety Specialist The following conditions are requested on TR33444: For single family 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. 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. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the 1st floor of the buildings as measured by outside path of travel. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any public access 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. This project will require a secondary access/egress gate off lot "G". This access point may be restricted to emergency vehicles only however, public egress must be unrestricted (automatic electric gate) Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 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. EMERGENCY SERVICES DMSION • PLANNING SECTION • INDIO OFFICE 416 82-675 Highway 111, 2"d Fl., Indio, CA 92201 • (760) 863-8886 • fax (760) 863-7072 CITY OF LA QUINTA LA QUINTA POLICE 82-695 DR. CARREON BLVD., INDIO CA. (760) 863-8990 August 30, 2005 Fred Baker, Principal Planner City of La Quinta P.O. Box 1504 La Quinta, California 92253 4 SEP - 2 200 C'T'f CFLAQU11'JP, C�N1h► Fi+ I i Y DEVEL 'PAAEIVT RE: Tentative Tract Map 33444 and Environmental Assessment 2005-543 The proposed subdivision of 317.61 acres (App. 78.78 developable acres) into 219 residential lots, other lots and street lots. Dear Mr. Baker, Thank you for the opportunity to comment on the above described project. After reviewing the plans, there are no issues of concern related to public safety and law enforcement at this time. Should the Community Development Department, developer or construction staff have any questions regarding this project, please contact Community Services Officer Thomas Fowler at 760-863-8950. Sincerely, Walter Meyer, Captain Chief of Police 41 7 J�ifiEp +C : .R-� o w BERMUDA DUNES RANCHO MIRAGE O H' INDIAN WELLS w r PALM DESERT,Y • lA OUINTA �o Naw L� August 29, 2005 Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 777-4200 Fred Baker, Principal Planner City of La Quinta Community Development Department P.O. Box 1504 La Quinta, CA 92253 SEP `` Request for Comments: Tentative Tract Map 33444. Approximately 317 acres divided into 219 residential lots west of Jefferson, south of Quarry Ranch. Dear Mr. Baker, This is in response to your request for input on the above referenced project and its effect on public schools. All actions toward residential development will potentially result in an impact on our school system. School overcrowding is a District -wide concern for Desert Sands Unified School District The District's ability to meet the educational needs of the public with new schools has been seriously impaired in recent years by local, state and federal budget cuts that have had a devastating impact on the financing of new schools. As you are aware, there is a school mitigation fee that is currently collected on all new development at the time building permits are issued. Please feel free to call me if you have further questions. Thank you. Sincerely, v i! Peggy Davis, Director Facilities Services PD/sm TRANSIT AGENCY TODAY'S MODEL FOR TOMORROWS WORLD September 25, 2005 Mr. Fred Baker, Principal Planner City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, CA 92253 MEMBERS: Desert Hot Springs Palm Springs Cathedral City Rancho Mirage Palm Desert Indian Wells La Quints Indio Coachella Riverside County RE: Tentative Tract Map 33444/Environmental Assessment 2005-543 Dear Mr. Baker: This letter responds to your request for comments for the proposed residential development located west of Jefferson Street, south of Quarry Ranch. The SunLine Transit Agency (SunLine) staff has reviewed the proposed development and offers the following suggestion: 1. Consider working with the developer to provide pedestrian circulation throughout the proposed development to facilitate direct and continuous access to and from proposed buildings within the project area and to the street network. 2. Ensure that sidewalks are provided and incorporated throughout the project area to assure that pedestrians and future residents of the proposed development can easily access services provided within the project area. The sidewalks should be provided in areas fronting the project, if no sidewalks already exist. SunLine currently provide fixed route service in close proximity to the area surrounding the proposed development. In addition, we offer Dial -A -Ride service to ADA certified passengers throughout the valley. This service is utilized by residents of Coachella Valley for their medical appointments and other activities. As indicated on page 30 of the CEQA Environmental Checklist and Assessment, SunLine will work with the developer to coordinate appropriate placement of transit facilities for public transportation, if needed. As you may be aware, SunLine is currently conducting a Comprehensive Operational Analysis (COA) of its transit system to evaluate the cost effectiveness and efficiency of the service routes, and also to determine how best to serve transit patrons in the valley. The results of the study would enable SunLine to restructure its service routes to better serve areas in the Coachella valley that continues to grow. 419 32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-3845 www.sunline.org Mr. Baker, Principal Planner Page Two Given the on going study, SunLine is working cooperatively with local jurisdictions to ensure that no new transit amenities are constructed as part of proposed developments as the current bus service routes will be realigned upon completion of the COA. Hence, SunLine is recommending that the developer for this project should not be conditioned to construct any transit amenity. Again, thank you for the opportunity to comment on the Environment Checklist and Assessment. If you would like additional information or discuss this further, please do not hesitate to contact me at (760) 343-3455, ext. 119. Sincerely, ao ui Eunice Lovi Director of Planning cc: C. Mikel Oglesby, General Manager 4?0 I I AT E R ESTABLISHED IN 1918 AS A PUBLIC AGENCY STRIC� COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (760) 398-2651 • FAX (760) 398-3711 DIRECTORS: OFFICERS: PETER NELSON, PRESIDENT STEVEN B. BOBBINS, PATRICIA A. LARSON, VICE PRESIDENT GENERAL MANAGER -CHIEF ENGINEER TELLIS CODEKAS MARK T. GENERAL JOHN W.McFADDEN ASST.GENEDEZ MANAGER RUSSELL KITAHARA DAN F KS, AS EZ, SECRETARY October 3, 2005 DAD PARKS, D SH R GENERAL MANAGER REDWINE AND SHERRILL, ATTORNEYS Planning Commission City of La Quinta Post Office Box 1504 La Quinta, CA 92253 Gentlemen: Subject: Tentative Tract Map 33444 Environmental Assessment 2005-543 File: 0163.1 0421.1 0721.1 OCT - 6 <;V This area is protected from regional stormwater flows by the Guadalupe Dike System. The developer shall determine and provide any protective works necessary for this system to accommodate the standard project flood event. This area is designated Zone X on Federal Flood Insurance rate maps which are in effect at this time by the Federal Emergency Management Agency. The District requests, prior to issuance of grading permits, the developer be required to pay fees and submit plans to the District as part of the flood management review by our consultant, Bechtel. Flood protection measures shall include detailed hydrologic, hydraulic, geotechnical and storage analysis to accommodate the standard project flood event for both the Guadalupe Dike System (Devil Canyon Training Dike) and Dike No. 2. The developer shall provide protective works necessary to accommodate the standard project flood event for both dike systems and obtain FEMA map revisions. The developer has begun the flood management review process; the Guadalupe Dike System is currently being reviewed. The developer shall obtain an encroachment permit from the District prior to any construction within the right-of-way of the Guadalupe Dike System and Dike No. 2. This includes, but is not limited to, surface improvements, drainage inlets, landscaping, and roadways. 421 TRUE CONSERVATION USE WATER WISELY Fred Baker - 2 - October 3, 2005 The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. The District will need additional facilities to provide for the orderly expansion of its domestic water systems. These facilities may include wells, reservoirs, booster pumping stations and sewerage facilities. The developer will be required to provide land on which some of these facilities will be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. Additional domestic water and sewer pipelines will have to be installed by the subdivider in order for the District to provide service to all parcels. This area shall be annexed to Improvement District Nos. 55 and 82 of the District for sanitation service. The groundwater basin in the Coachella Valley is in a state of overdraft. Each new dwelling unit contributes incrementally to the overdraft. The District has a Water Management Plan in place to reduce the overdraft to the groundwater basin. The elements of the Water Management Plan include supplemental imported water, source substitution and water conservation. The elements of this plan should be incorporated in the environmental mitigation plan for this development to reduce its negative impact on the Coachella Valley groundwater basin. Plans for grading, landscaping and irrigation systems shall be submitted to the District for review. This review is for ensuring efficient water management. If you have any questions please call Kesi Sekhon, Stormwater Engineer, extension 2290. A ruly,nson Director of Engineering cc: Jeff Johnson Riverside County Department of Public Health 82-675 Highway 111, CAC Building, Second Floor, Room 209 Indio, CA 92201 KS:sa\eng\sw\05\sep\ttm33444 060729-4 �'1 0 l.. 4. COACHELLA VALLEY WATER DISTRICT RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 317.61 ACRES INTO 219 RESIDENTIAL LOTS, OPEN SPACE AND OTHER LOTS CASE NO.: TENTATIVE TRACT 33444 CORAL MOUNTAIN TRAILS L.L.C. WHEREAS, The City Council of the City of La Quinta, California, did on the 18th day of October, 2005, hold a duly noticed Public Hearing to consider the request of Coral Mountain Trails L.L.C. for the subdivision of 317.61 acres into 219 single-family residential lots and other miscellaneous lots, located west of the Jefferson Street alignment, south of the Avenue 60 alignment, more particularly described as: APN'S: 776-020-004, 005, and 007 through 009 WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 27th day of September, 2005, hold a duly noticed Public Hearing to consider the request of Coral Mountain Trails L.L.C. for the subdivision of 317.61 acres into 219 single-family residential lots and other miscellaneous lots, located west of the Jefferson Street alignment, south of the Avenue 60 alignment. WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has prepared Environmental Assessment 2005-543 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified; 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 Map: Finding A - Consistency with the General Plan, Zoning Code and any applicable Specific Plans The property land use designation is Low Density Residential (LDR) which allows up to four residential units per acre. The Land Use Element of the General Plan encourages differing residential developments throughout the City. This project is consistent with the goals, policies and intent of the La Quinta General Plan insofar 42 P:\Renorts - CC\2005\ 10- 1 8-05\TT 33444 Coral Mountain Trails\CC RFSn TT 33444.doc Resolution 2005- Tentative Tract Map 33444 Coral Mountain Trails L.L.C. Adopted: October 18, 2005 as the creation of residential lots ranging from 8,000 to 20,000 square foot will provide a variety of housing types and choices for La Quinta residents. Conditions are recommended requiring on- and off -site improvements based on the City's General Plan Circulation Element provisions. The property zoning is designated Low Density Residential (RL) and is consistent with the City's General Plan Land Use Element in that lots exceed the City's minimum of 7,200 square feet. However, each proposed lot is large enough to support building detached housing units that are a minimum size of 1,400 square feet, excluding garage parking areas. The proposed Tract Map is consistent with Specific Plan 94-025, Amendment No. 1 in that the proposed densities and subdivision layout substantially conform to the purpose, intent, and standards in the Specific Plan. All plans for future single-family homes will be consistent with the provisions of the City's Specific Plan and Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding B - Site Design and Improvements The subdivision layout is consistent with the Land Use Goals and Policies in the City's General Plan, which focuses on the facilitation and integration of development, through desirable character and sensitive design residential neighborhoods to enhance the existing high quality of life. Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private loop streets will provide access to each single-family lot in compliance with City requirements, as prepared. Jefferson Street improvements from Avenue 58 to the proposed project will be guaranteed as required by the City's General Plan Circulation Element at the time the final map is considered pursuant to Section 13.20.100 of the Subdivision Ordinance. Provisions shall be made to the map's design to allow the project to be gated, ensuring adequate vehicle stacking and turnaround areas. Finding 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. 4 &2 4 P:\Renorts - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC RFSO TT 33444.dor. Resolution 2005- Tentative Tract Map 33444 Coral Mountain Trails L.L.C. Adopted: October 18, 2005 A Mitigated Negative Declaration (EA 94-287) for Specific Plan 94-025 has been previously certified on June 5, 2001. After evaluation, the Community Development Department has determined that the proposed Map requires an updated environmental assessment. A Mitigated Negative Declaration (Environmental Assessment 2005-543) has been prepared by the City of La Quinta Community Development Department 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 environmental analysis concluded that this project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because adequate mitigation is proposed reduce 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 a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Finding 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. Finding 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. Finding F - Public Health Concerns The design of the proposed subdivision map and related improvements are not likely to cause serious public health problems, in that responsible agencies have reviewed the project for these issues with no significant concerns identified. The health, safety and welfare of current and future residents can be assured based on 425 P:\Renorts - CC\2005\ 10- 1 8-05\TT 33444 Coral Mountain Trails\CC RESO TT 33444.dor. Resolution 2005- Tentative Tract Map 33444 Coral Mountain Trails L.L.C. Adopted: October 18, 2005 the recommended conditions, which serve to implement mitigation measures for the project. Site improvements comply with City requirements provided water retention is handled in common basin(s). Dust control measures shall be required during any further on -site construction work as required by Chapter 6.16 of the Municipal Code. The site is physically suitable for the proposed land division, as the area proposed for development contains gentle slopes containing only minor physical constraints, and the Map design is consistent with other surrounding parcels. 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 the City Council does hereby approve Tentative Tract Map 33444 to for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 181h day of October, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 4�f P:\Renorts - CC\2005\10-18-05\TT 33444 Oral Mountain Trails\CC RESO TT 33444.dor. Resolution 2005- Tentative Tract Map 33444 Coral Mountain Trails L.L.C. Adopted: October 18, 2005 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 427 P:\Renorts - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC RESO TT 33444.dor. CITY COUNCIL RESOLUTION 2005 CONDITIONS OF APPROVAL — RECOMMENED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 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, Green Sheet (Public Works Clearance) for Building Permits, 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 • South Coast Air Quality Management District The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4�8 P•\PAnnrtc - r \ )r)0Ri\1(1_1A-0R\TT Z%ddd f nrnl Uniintnin Trnilc\rr rnA rrnr CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 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. 6) Waste Management and Materials Pollution Control. 4"3 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 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. The applicant shall also provide recorded easements for any additional right of way required below. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Jefferson Street - An additional two feet of right of way is required within the project site in addition to the 100-foot right of way dedicated per Parcel Map No. 28617, except as adjusted by TTM 33444. The right of way requirements are for a 10-foot multipurpose trail, 8-foot parkway, 6-foot bike lane, 1 1-foot and 13-foot south bound lanes, 12- foot landscaped median, 13-foot and 11-foot north bound lanes, 6-foot bike lane and 12-foot parkway. An additional 10' landscape easement/setback shall be provided on each side of the right-of-way for a total width of 122 feet. 430 PAReports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 2) Jefferson Street (northerly terminus of Jefferson Street Realignment to Cahuilla Park Road, 96' ROW) - The applicant shall work with the City, Bureau of Reclamation, and/or Coachella Valley Water District to acquire ninety six (96') feet of right of way dedication from the United States Department of Interior's Bureau of Reclamation for construction of Jefferson Street between Avenue 58 and Cahuilla Park Road to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 3) Jefferson Street (Cahuilla Park Road to the northerly boundary of Tentative Tract Map No. 33444) - The applicant shall work with the City, Bureau of Reclamation, and/or Coachella Valley Water District to acquire fifty six (56') feet of right of way dedication east of the Jefferson Street Realignment centerline from the United States Department of Interior's Bureau of Reclamation for construction of Jefferson Street between Cahuilla Park Road and the northerly boundary of Tentative Tract Map No. 33444 to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Forty four (44') of right of way west of the Jefferson Street Realignment has been dedicated by Tentative Tract Map No. 30651. 4) Cahuilla Park Road - The applicant shall work with the City, Bureau of Reclamation, and/or Coachella Valley Water District to acquire additional public street right of way dedication from the United States Department of Interior's Bureau of Reclamation to connect Cahuilla Park Road to Jefferson Street as shown on the applicant's Jefferson Street Realignment Exhibit and as required by the Public Works Department. 5) The approval of TTM 33444 is contingent upon the acquisition of the right of way identified in items 8.A.2-4 prior to approval of the Final Map. Adjustments to items 8.A.2-4 caused by ROW acquisition shall be approved by the Community Development and Public Works Departments. 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: 431 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 A. PRIVATE STREETS 1) Private Residential Streets measured at gutter or curb flow line to gutter or curb flow line: 32-foot travel width 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. (NOTE: this would require a minor widening of the proposed private street section.) 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. C. KNUCKLES 1) The knuckles shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 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 as approved by the City Engineer 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. 12. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 4�4 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Jefferson Street - 10-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 5 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to Jefferson Street from lots with frontage along Jefferson 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. Final design of driveway, easements and gates shall be subject to review and approval of the Public Works Director. 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. 433 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18. 2005 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 20. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. 21. The applicant shall have all required dedications along the Jefferson Street right of way recorded along with the Final Map process. 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 434 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. 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. F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical NOTE: D through F to be submitted concurrently. 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. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site 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. The sound study shall be submitted along with the rough grading plans for City Engineer approval. P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. 24. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be.accessed via the Online Engineering Library at the City website (www.la-quinta.org). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 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 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. P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc 4 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion " of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 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. 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. F. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 20% Building Permits. 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 4 J'" I P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 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. 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. All right of way dedications enumerated in PROPERTY RIGHTS and/or street improvements enumerated in STREET AND TRAFFIC IMPROVEMENTS shall be in place prior to said occupancy as 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, P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 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 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. Bu.ilding 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. Building pad elevations of perimeter lots shall not differ by more than five feet from the building pads in adjacent developments except as necessary for sewer utility conveyance. If an alternative sewer easement is acquired the properties shall be P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc 439 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 lowered to native grade, to the extent possible. City staff and/or the applicant shall take extraordinary measures to notify any property owner that could be negatively affected by the grade differential prior to the City Council meeting. When it is necessary to exceed five feet, the applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development by implementing the following: ■ Constructing a perimeter wall 6 feet in height at the top of the on -site slope; ■ Provide for significant landscaping; and ■ Final slope shall not exceed 3:1 . 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. All plans to mitigate height difference shall be reviewed and approved by the Community Development and Public Works Department. 39. Except as previously conditioned herein, 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. 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. 41. 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. 440 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 nRAINAGF 42. 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 within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. Additionally, the applicant or his design professional shall submit a sensitivity analysis to the City Engineer for approval that addresses the design requirements for the 2,390 acre watershed for maximum project storm per CVWD project storm standards. 43. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 44. For properties where sump conditions exist, the applicant must either define a diversion/overflow strategy or retain upstream stormwater as required for existing as - built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 45. 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. 46. 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. 47. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and Public Works Director. 48. 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 441 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 with maintenance free ground cover. 49. 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. 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 51. 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. 52. The applicant is hereby notified that future site modifications may be necessary prior to approval and recordation of final map including, but not limited to lot and street reconfiguration. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District. If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the Applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the aforementioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater as well as stormwater from adjacent mountainous terrain that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Public Works Department and CVWD. Native rock and soil cover shall be provided for all concrete drainage improvements. 53. The applicant shall advise prospective buyers of the drainage easement area and place in the CC&Rs and as a deed restriction that property owners are prohibited from construction within the easement area. Additionally, the CC&Rs shall provide for access and perpetual maintenance of the drainage easements. 54. Drainage easement areas shall be as shown on the hydrology report as approved by the City Engineer. The applicant shall be advised of adjustment of the drainage based on the approval of the hydrology report. A no build clause shall be defined on the final map as well as in the CC&Rs. A covenant shall be recorded on each lot P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails= COA.doc 442 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 notifying property owners of this condition. The CC&Rs shall be submitted to the Community Development Department and Public Works along with any final map application. 55. In addition to any zoning district yard setback, structure setbacks, including pools, shall be 5 feet from all drainage easements or as determined by the Public Works Director upon review of the final hydrology, soils reports, and construction plans. UTILITIES 56. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 57. 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. 58. Existing overhead utility lines, if any, within, or contiguous to the proposed development, and all proposed utilities serving Coral Canyon shall be installed underground. The applicant is required to design and install any modification to existing utilities located in the existing Avenue 58 to properties and development to the west of the proposed Jefferson Street Realignment. The costs to design and install modifications shall become a part of the reimbursement agreement. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 59. 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. 60. The applicant shall install and bond for all utility design and construction required for the development up to its southerly property line to include extension of water, sewer, telephone, cable and electrical service as required by the utility or servicing companies. This requirement shall be applicable to the utility work within or adjacent to the Jefferson Street Realignment. 443 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 STREET AND TRAFFIC IMPROVEMENTS 61. 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. 62. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Jefferson Street (Within the Tentative Tract Map Boundary): a) Widen Jefferson Street along all frontage adjacent to the Tentative Map boundary to the ultimate width on both side of the centerline as a requirements of these conditions and as approved by the City Engineer. The curb to curb street improvement shall be seventy two feet to accommodate a 6-foot bike lane, 1 1-foot and 13-foot southbound lanes, a 12-foot landscaped median, a 13-foot and 1 1-foot north bound lanes and a 6-foot bike lane. Design the roadway pavement to La Quinta's urban arterial design standard. The Applicant is hereby notified that future street modifications may be necessary including, but not limited to street width and other ancillary street improvements. The aforementioned street improvements may also be modified if a future General Plan Amendment is approved to reduce the street classification for Jefferson Street south of Cahuilla Park Road. The interim street improvements shall include a temporary edge of pavement and interim improvement between edge of pavement and project walls. Other required improvements in the Jefferson 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, plus a single overhead street light at each street connecting to Jefferson Street or adequate monument lighting as approved by the City Engineer and the Community Development Director. c) 8-foot wide meandering sidewalk along the east side within the 17-foot parkway. The meandering sidewalk shall have an P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails= COA.doc 444 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) As proposed by the applicant, construct a 12-foot landscaped median. As said improvements are in excess of Secondary Arterial roadway improvements required by the General Plan, the applicant shall construct and maintain said improvements at it's own cost. Median breaks for left turn deceleration lanes shall be provided at access driveways as approved by the City Engineer. e) Establish a benchmark in the Jefferson Street right of way and file a record of the benchmark with the County of Riverside. f) Construct a cul de sac at the southerly end of this tentative tract map. If the applicant is not able to obtain the necessary right of way to construct said cul de sac, the applicant shall reconfigure the Jefferson Street right of way and adjacent lots accordingly. g) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the on the west side of Jefferson Street 8 feet from the west curb face. The location and design of the trail shall be approved by the City Engineer. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. 2) Jefferson Street (northerly terminus of Jefferson Street Realignment to Cahuilla Park Road - Secondary Arterial with Class II Bike Lane, 96' ROW): a) Widen Jefferson Street from the northerly terminus of Jefferson Street Realignment to Cahuilla Park Road to its ultimate width to accommodate a Secondary Arterial with Class II Bike Lane and as approved by the City Engineer. The curb to curb street PAReports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc 4 (1 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 improvement shall be seventy two feet. Other required improvements in the Jefferson 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, plus a single overhead street light at each street connecting to Jefferson Street or adequate monument lighting as approved by the City Engineer and the Community Development Director. c) 8-foot wide meandering sidewalk along the west side within the 12-foot parkway. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the on the east side of Jefferson Street. The location and design of the trail shall be approved by the City Engineer. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. 3) Jefferson Street (Cahuilla Park Road to the northerly boundary of Tentative Tract Map No. 33444, 100' ROW): a) Widen Jefferson Street from Cahuilla Park Road to the northerly boundary of Tentative Tract Map No. 33444 to the ultimate width on both side of the centerline as a requirements of these conditions and as approved by the City Engineer. The curb to curb street improvement shall be seventy two feet to accommodate a 6-foot bike lane, 1 1-foot and 13-foot southbound lanes, a 12-foot landscaped median, a 13-foot and P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 1 1-foot north bound lanes and a 6-foot bike lane. Design the roadway pavement to La Quinta's urban arterial design standard. The applicant is hereby notified that future street modifications may be necessary including, but not limited to street width and other ancillary street improvements. The aforementioned street improvements may also be modified if a General Plan Amendment is approved to reduce the street classification for Jefferson Street south of Cahuilla Park Road. Other required improvements in the Jefferson 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, plus a single overhead street light at each street connecting to Jefferson Street or adequate monument lighting as approved by the City Engineer and the Community Development Director. C) 8-foot wide meandering sidewalk along the east side within the 12-foot parkway. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that touches the back of curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. d) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the on the west side of Jefferson Street 8 feet from the west curb face. The location and design of the trail shall be approved by the City Engineer. A split rail fence shall be constructed along the roadway side of the multi -purpose trail in accordance with Section 9.140.060 (Item E, 3a) of the Zoning Ordinance. Bonding for the fence to be installed shall be posted prior to final map approval. At grade intersection crossings shall be of a medium and design and location as approved by the Engineering Department on the street improvement plan submittal. The applicant shall enter into a Reimbursement Agreement with the City of La Quinta, in a form and content satisfactory to the City Public Works Director and the P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc 4 4 7 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 City Attorney, for construction of Jefferson Street from the northerly terminus at Avenue 58 to the Tentative Tract Map No. 33444 northerly boundary (Items 2) and 3) above). Said reimbursement shall not include any upgrade work proposed by the applicant. The applicant is responsible for all cost to design and construct of Jefferson Street Improvements (Item 1) above) within the property boundary. The applicant may construct improvements within the Jefferson Street right of way in phases as approved by the City Engineer. As proposed by the applicant, the first phase shall be for a curbed median with a 13-foot travel width, 6-foot bike lane and 2-foot shoulder on both sides of the west and east side of Jefferson Street. The Second Phase shall be for the remainder of the full improvements as conditioned above. 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). Trail crossings for public trails may be required to connect existing and proposed trails. Trail crossings, pavement material, signs and other improvements shall be subject to approval by Community Development Director and Public Works Director. B. PRIVATE STREETS 1) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is 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. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 3) Driveways to Lots 210 and 211 are prohibited on the entry road to Jefferson Street (Lot B) and shall be located on Lot C Street at the south and north property lines, respectively. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. KNUCKLES 443 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 1) Construct the knuckles to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 63. The main gated entry 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. Two lanes of traffic shall be provided on the entry side of the main 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. All other gated entries shall comply with applicable fire department requirement including a minimum gate setback of 35 feet from the abutting roadway. The applicant shall submit a detailed exhibit for entries 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. 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. 64. 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. Secondary Arterial 4.0" a.c./6.0 c.a.b. or the approved equivalents of alternate materials. A minimum R value of 50 shall be used. 65. 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 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc 449 9 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 schedule construction operations until mix designs are approved. 66. General access points and turning movements of traffic are limited to the following: A. Primary Entry to the West Side Development and East Side Development (Jefferson Street): Full turn movements are allowed. B. Emergency Entry/Secondary Right Turn Only Exit to West and East Development (Jefferson Street, 850' south of the Primary Entry): Emergency vehicle access and Secondary Exit Only. 68. 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. 69. 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 70. 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. 71. No building permits shall be issued for residential units or any other occupiable structures until the construction plans for Jefferson Street are approved and a construction contract is awarded. The Jefferson Street roadway, between the project entry & Avenue 58, shall be fully constructed prior to issuance of any certificate of occupancies/conducting final inspections for any residential or other occupiable structures. LANDSCAPING 72. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), LQMC & CVWD Landscape Efficiency Ordinance No. 1302. el 5 0 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 73. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 74. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 75. 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. The applicant shall provide landscape improvements in the perimeter setback areas or lots along and the proposed median on Jefferson Street pursuant to Section 9.60.240 of the Zoning Ordinance. The concept landscape plan for Jefferson Street shall be approved by the Planning Commission during review of a Site Development Permit and/or subdivision map application. Seventy -percent of the trees planted in the parkway shall be specimen trees (e.g., 24"- and 36"-boxes) having a minimum caliper size of 1.5- to 2.0-inches. Specimen trees shall be a minimum of 10 feet tall measured from the top of the container. NOTE: Plans are not approved for construction until signed by the City Engineer. 76. 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. 77. The applicant, his successors or the Homeowner's Association shall enter into an Maintenance Agreement with the City for all cost required for the perpetual maintenance of the landscape median to include but not limited to irrigation, landscaping and hardscape repair, replacement or reconstruction as required by the City Engineer. 78. All perimeter, parkway, and common area landscaping shall be reviewed by the Architectural Landscaping Review Committee (ALRC) and approved by the Planning Commission as provided for in LQMC 9.210.010 (Site Development Permits). PUBLIC SERVICES 79. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. 45 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 QUALITY ASSURANCE 80. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 81. 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. 82. 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. 83. 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 84. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 85. 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 86. 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. 87. 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 45 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 of issuance of building permit(s). 88. Tentative Tract 33444 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 89. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. FIRE DEPARTMENT 90. For single-family 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. 91. 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. 92. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. 93. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the 1 st floor of the buildings as measured by outside path of travel. 94. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 95. Any public access 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. 96. This project will require a secondary access/egress gate off lot "G". This access point may be restricted to emergency vehicles only however, public egress must be unrestricted (automatic electric gate). 97. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc ( J 3 CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 98. 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. 99. Final Fire Department conditions will be addressed prior to final map. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. MISCELLANEOUS 100. All applicable conditions/provisions of Specific Plan 94-025, as approved by Resolution #95-37, and subsequent Amendment #1, as approved by Resolution #2001-060, shall be in force and effect for TTM 33444. 101. All mitigation measures and monitoring programs included in Environmental Assessment 2005-543 are hereby included in this approval. 102. A permit from the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 103. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 104. In order to ensure compliance with the City's Hillside Overlay Ordinance minor lot line adjustments may be necessary on those lots abutting hillside areas. Any adjustments shall be provided for in the final tract map. Applicant is required to demonstrate that Residential Estate lots 150, 153, 154, 170, 454 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc CITY COUNCIL RESOLUTION 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33444 CORAL MOUNTAIN TRAILS, LLC ADOPTED: OCTOBER 18, 2005 171, 172, 187, and 188 comply with the City's Hillside Conservation Ordinance during review of Site Development Permits for these homes or, if these units are proposed as custom homes, compliance shall be demonstrated to the Community Development Director in conjunction with a building permit application. 105. Prior to issuance of any site development permits, the developer shall submit to the Community Development Department a detailed construction plan for the project's Multi -Purpose Trail. This plan shall include access, signage, and detailed design. The multipurpose trail shall be developed along the west side of Jefferson Street right-of- way within the 10-foot area designated for such use. The Multi -purpose Trail shall accommodate the Boo Hoff Trail as it is routed along Jefferson Street and shall connect with Lake Cahuilla Park to the north and end with the Jefferson Street improvements to the south. 106. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer. 107. The applicant shall deed restrict Lots CCC through HHH as open space lots prior to recordation of the Final Tract Map. 108. Should casitas be part of the home design for the production homes on the site, a master Minor Use Permit for all such casitas shall be secured in conjunction with the recordation of the Final Map. A covenant and provision in the CC&R's shall be recorded informing all property owners of the Minor Use Permit and its conditions of approval. 109. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 4 � 5 P:\Reports - CC\2005\10-18-05\TT 33444 Coral Mountain Trails\CC COA.doc �t 0 z 0 c� z x N LA QUINTA i I HOTEL LAKE CAHUILLA HIGH ttj11 N z 0 N W U. ui 52nd AVE. 54th AVE. PGA WEST y 56th AVE. 0 a 2 58th AVE. 60th AVE 62nd AVE. PROJECT LOCATION MAP ATTACHMENT #1 45 South Bound El '-y-11' 13' 13'- r--10 . O Porkwoy Bike 1 Vehicle Vehicle Median Median Loene le Londsco" T N Lone Lone Lone Setboek Revisions: ATTACHMENT #5 North Bound 11' ' Vehicle Bike Porkwoy pe Lone Lone Settwce 102' I ROW 12 2' ROW + Landscape Setback Tentative Tract 33444 Coral Canyon Timothy & Jonasson City of La Quinta RCE 45843 Jefferson Street (Ultimate) Sheet 1 of 1 ATTACHMENT 7 Planning Commission Minutes September 27, 2005 Commissioner Alderson rejoined the Commission. E. Site Development Permit 2005-837; a request of ND La uinta Partners, LLC for consideration of architectural and landscapin plans for a Guard House complex for the property located on the sout side of Avenue 52, midway between Madison Street and Monroe Ave ue within the Madison Club. Chairman Kirk opened the public he ing and asked for the staff report. Principal Planner Stan Sa a presented the information contained in the staff report, a py of which was on file in the Community Development Depa ment. 2. Chairman Kirk asked iXaed ere were any questions of staff. Commissioner Alderson for an explanation of the buildings at the entrance. Staff aned the layout. 3. Chairman Kirk asked f the applicant would like to address the Commission. Mr. J n Gamlin, representing the applicant, gave a presentation of t project. He asked that Condition #43 be deleted as they b lieve they had negotiated the best solution with both the City Indio and La Quinta in regard to the entrance. Community D elopment Director Doug Evans suggested it not be eliminated, t allow staff to review the documents Mr. Gamlin referenced, and not require a Specific Plan Amendment. 4. It was oved by Commissioners Daniels/Alderson to adopt Planni Commission Resolution 2005-042, approving Site Devel pment Use Permit 2005-837, as recommended. ROLL CA L: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. F. Environmental Assessment 2005-543 and Tentative Tract Map 33444; a request of Coral Mountain Tails, LLC for consideration of the subdivision of approximately 317.61 acres into 219 residential lots, amenity lots, street lots, and open space lots for the property located west of Jefferson Street, south of Quarry Ranch. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff explained the 4 l G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 reasoning behind the condition changes. Community Development Director Doug Evans gave a further presentation on the roadway and site plans with the necessary easements. John Criste, Terra Nova Planning and Research gave a presentation on the environmental documentation. 2. Commissioner Daniels asked if the developer was agreeable to meeting the concerns of those issues raised in the letters received from the U. S. Fish and Wildlife Service and the Department of Recreation and Parks. Discussion followed as to each of the issues raised in the letters from Fish and Wildlife and the Department of Recreation and Parks. Commissioner Daniels asked if the Jefferson Street alignment was still subject to the environmental review. Staff stated the curve is subject to one more environmental review currently being done. Staff has met with the Bureau of Reclamation and Coachella Valley Water District and they have no issues with the realignment. Discussion followed regarding the environmental documentation. 3. Commissioner Alderson asked if in the environmental review, were there any element of risk where a rock fall mitigation should be included. Mr. John Criste, clarified they have been incorporated into the mitigation measures. Commissioner Alderson asked if the construction of a fence had a time frame. Mr. Criste stated a fence is not required unless there is a determination that Big Horn Sheep do encroach into the area. The mitigation measure requires for the organization of a 3-party committee. Fish and Wildlife is asking to be included in that committee. Community Development Director Doug Evans explained this is private land and not subject to Federal control, that is why Fish and Wildlife were not included. 4. Commissioner Quill asked if this land was part of the Federal Wilderness lands. Community Development Director Doug Evans stated it would have to be owned by the federal government and it is not. Commissioner Quill asked if this was part of the land covered by the Coachella Valley Multi -Species Habitat Conservation lands. Community Development Director Doug Evans stated the City is in discussions with the Bureau of Land Management, Fish and Wildlife Services in regard to the Multi - Species Plan in regard to the Jefferson Street alignment. 5. Commissioner Daniels asked if there was a better name for this street. Community Development Director Doug Evans stated a street name change may be something to consider at a later date. G:\WPDOCS\PC Minutes\9-27-05.doc 4719 Planning Commission Minutes September 27, 2005 Commissioner Daniels asked if the developer would have to pay the Multi -Species fee. Staff stated that once the Agreement is adopted, the developer will have to pay the appropriate fee. 6. Chairman Kirk asked why the comment period ended with the date of the hearing. Mr. Criste explained the process. 7. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Tom Cullinan, representing the applicant, gave a presentation on the project. He introduced Mr. Peter Ministrelli, principal owner and Mr. Anton Merincovich, architect for the project. 8. Commissioner Alderson asked the type of architecture. Mr. Merincovich stated "dynamic modern". 9. Chairman Kirk questioned whether or not the property owners in the Quarry were truly aware of the project. Mr. Cullinan stated the location of the sewer connection has been determined by the Quarry development. 10. Commissioner Alderson asked if the applicant had any objections to Condition #52. Mr. Cullinan stated he has no objection as long as it states "prior to final map". 11. Commissioner Quill asked if the CVWD had been involved with the design. Mr. Cullinan explained what work and studies had been completed. Commissioner Quill asked if the project was designed for the 500 year flood. Staff stated the City's requirement is for the 100 year storm. 12. Chairman Kirk asked if the driveway proposed at the southeast corner of the project complies with the Hillside Ordinance. Staff noted the change to the map to take the access off of Jefferson Street. Discussion followed regarding how access is taken from certain lots. 13. Commissioner Alderson asked if the homes across Jefferson Street would be gated. Mr. Cullinan stated there will be a card gate and it will be a part of the HOA. 14. Chairman Kirk asked if there would be any enhanced paving to assist pedestrian movement or traffic calming methods. Mr. Cullinan stated they are agreeable to any suggestions. 460 G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 15. There being no further questions or public comment, Chairman Kirk closed the public participation portion of the hearing. 16. Chairman Kirk stated his concern regarding the grade differential between some of these lots and the property owners at the Quarry and them not being aware of the project. It seems it would be to the advantage of the Quarry to provide a better sewer connection. Community Development Director Doug Evans clarified the lots in the Quarry that would be affected are undeveloped and the owner has been in discussions with the City/applicant regarding this development and were part of the discussions regarding the sewer easement. 17. Chairman Kirk reopened the public hearing. Mr. Tom Culinan suggested the condition be modified to state that if a different sewer connection is provided the grade differential would be reduced. 18. Chairman Kirk asked if the applicant had any concerns regarding a risk of litigation concerning the issues raised. Mr. Wayne Gurilnik, attorney for the applicant, stated they are willing to take the risk. 19. Chairman Kirk closed the public participation. Community Development Director Doug Evans asked that Condition #38 be modified to state that if a different sewer connection is provided a lower pad elevation shall be provided. 20. It was moved by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-043 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2005-543, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 5. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-044 recommending approval of Tentative Tract Map 33444, as recommended and amended: a. Condition #38: amended to stipulate the owners of the lots in the Quarry shall be made aware of the grade differential. 461 G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 b. Condition added: City staff shall take extraordinary steps to see that the property owners shall be contacted. C. Condition #52: add, "...prior to recordation of the final map." b. Condition #58: Existing overhead utility lines, if any, within, or contiguous to the proposed development, and all proposed utilities serving Coral Canyon, shall be installed underground. The applicant is required to design and install any modification to existing utilities located in the existing Avenue 58 to properties and development to the west of the proposed Jefferson Street Realignment. The costs to design and install modifications shall become a part of the Reimbursement Agreement. b. Condition #62.A. The applicant shall enter into a Reimbursement Agreement with the City of La Quinta, in a form and content satisfactory to the City Public Works Director and the City Attorney, for construction of Jefferson Street from the northerly terminus at Avenue 58 to the Tentative Tract Map No. 33444 northerly boundary (Items 2) and 3) above). Said reimbursement shall not include any upgrade work proposed by the applicant. The applicant is responsible for all cost to design and construct of Jefferson Street Improvements (Item 1) above) within the property boundary. The applicant may construct improvements within the Jefferson Street right of way in phases as approved by the City Engineer. As proposed by the applicant, the first phase shall be for a curbed median with a 13-foot travel width, 6- foot bike lane and 2-foot shoulder on both sides of the west and east side of Jefferson Street. The Second Phase shall be for the remainder of the full improvements as conditioned above. C. Condition #66. General access points and turning movements of traffic are limited to the following: A. Primary Entry to the West Side Development and East Side Development (Jefferson Street): Full turn movements are allowed. B. Emergency Entry/Secondary Exit Only to West and East Development (Jefferson Street, 850' south of the Primary Entry): Emergency vehicle access only and Secondary Exit Only. G:\WPDOCS\PC Minutes\9-27-05.doc 46 Planning Commission Minutes September 27, 2005 d. Condition #71. No building permit No certificate of occupancy shall be issued for new residential units until the construction plans for of Jefferson Street are approved and a construction contract is awarded. is completed to the main entry gate and approved by the Public Works Director. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. VII. Dt6CUSSION ITEMS: Vill. CO ESPONDENCE AND WRITTEN MATERIAL: None. IX. COM ISSIONER ITEMS: A. R�view of City Council meeting of September 20, 2005. X. ADJOURNVIENT: There being no fu ther business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of th Planning Commission to be held on October 11, 2005, at 7:00 p.m. This meeting o the Planning Commission was adjourned at 10:45 p.m. on September 27, 2005. Respectfully submitted, Betty J. Sawyer, Executive S retary City of La Quinta, California G:\WPDOCS\PC Minutes\9-27-05.doc P 4 --�- a- 4 c �z OFT� TO: Honorable Mayor and Members of the Council FROM: Douglas R. Evans, CommunitDevelopment Director DATE: October 18, 2005 )W� SUBJECT: Environmental Assessment No. 2005-543, Response to Comments The Response to Comments for Environmental Assessment No. 2005-543 (Tentative Tract No. 33444) was originally presented to the applicant prior to City Council report. Further review by the applicant has resulted in a request to amend Response 4 to the US Fish and Wildlife Service. The applicant has requested the following Lined out sentence be deleted. Response 4 The following additional Biological Resources Mitigation is recommended. E. Conservation of Open Space 1. Prior to the issuance of grading permits, the applicant shall place a conservation easement over the open space lands created by the subject TTM 33444 and located outside the envelope of the residential subdivision (Lots BBB, DDD & EEE). Prior to the issuance of occupancy permits the developer, City and the Service shall confer on whether and how funding for open space land management is established and administered. ThThe City at its sole managem The on -going maintenance may be provided for in the Conditions, Covenants & Restrictions and paid by the Homeowners Association. Staff has reviewed the proposed amendment and concurs with the applicant's request. 464