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2005 12 20 CC
60# 4Sep Qrtbra City Council Agendas are Available on the City's Web Page @ www.ia-quinta_orq CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting DECEMBER 20, 2005, 2:00 P.M. Beginning Resolution No. 2005-99 Ordinance No.425 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO. 2 r ,* .- . City Council Agenda 1 December 20, 2005 RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF RIVERSIDE COUNTY SHERIFF'S COMMENDATION TO THE CITY OF LA QUINTA. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 6, 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 DECEMBER 20, 2005. 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2005. 3. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2005. City Council Agenda 2 December 20, 2005 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 33015, THE LAURELS, RIVIERA VILLAS, LLC. 5. APPROVAL OF A CONTRACT BETWEEN THE CITY OF LA QUINTA AND CARL WALKER INC. TO INITIATE THE VILLAGE PARKING DEVELOPMENT STRATEGY. 6. APPROVAL OF A CONTRACT FOR SERVICES BETWEEN THE CITY OF LA QUINTA AND IMPACT SCIENCES TO PREPARE THE SilverRock RESORT SPECIFIC PLAN AND AN ADDENDUM TO THE FINAL MITIGATED NEGATIVE DECLARATION FOR THE RANCH FOR SilverRock RESORT PROPERTY. 7. RECEIVE AND FILE SINGLE AUDIT REPORT ON FEDERAL ASSISTANCE PROGRAM AS OF JUNE 30, 2005. 8. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, LLC. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY RICKY MORALES - DATE OF LOSS: AUGUST 8, 2005. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY VERIZON - DATE OF LOSS: MAY 20, 2005. BUSINESS SESSION CONTINUED CONSIDERATION OF A PRELIMINARY COST ESTIMATE AND POTENTIAL OPTIONS FOR ESTABLISHMENT OF STREET IMPROVEMENT MODIFICATIONS, TO INCLUDE A DECELERATION/RIGHT TURN LANE AND ALTERNATIVE ACCESS CONFIGURATION, AT 47647 CALEO BAY DRIVE. A. MINUTE ORDER ACTION 2. CONSIDERATION OF REAPPOINTMENT COMMISSIONER ROBERT LEIDNER. A. MINUTE ORDER ACTION OF COMMUNITY SERVICES City Council Agenda 3 December 20, 2005 3. CONSIDERATION OF SECOND READING OF ORDINANCE 424, APPROVING A DEVELOPMENT AGREEMENT FOR PARKING MANAGEMENT TO ALLOW CONSTRUCTION OF A ± 10,709 GROSS SQUARE FOOT, TWO-STORY RETAIL/OFFICE BUILDING IN THE VILLAGE AT LA QUINTA. APPLICANT CALLE ESTADO, L.L.C. A. ADOPT ORDINANCE 424 ON SECOND READING. STUDY SESSION - NONE 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. PLANNING COMMISSION MINUTES FOR NOVEMBER 8 AND 22, 2005 17. INVESTMENT ADVISORY BOARD MINUTES FOR SEPTEMBER 14 AND OCTOBER 12, 2005. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. GRANT UPDATE FOR 2005 C. 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 City Council Agenda 4 December 20, 2005 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT FOR NOVEMBER, 2005 A. REPORT REGARDING COUNCIL DIRECTION CONCERNING A GENERAL PLAN AMENDMENT FOR THE VILLAGE. 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT FOR NOVEMBER, 2005 7. FINANCE DEPARTMENT REPORT -NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT FOR NOVEMBER, 2005 9. POLICE DEPARTMENT MONTHLY REPORT FOR NOVEMBER, 2005 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2005-838, CONDITIONS NO. 35 AND 40(a). APPELLANT: WASHINGTON 1 1 1, LTD. A. RESOLUTION ACTION City Council Agenda 5 December 20, 2005 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-545 AND APPROVING TENTATIVE TRACT MAP 33717, THE SUBDIVISION OF 4.6 ACRES INTO 17 SINGLE-FAMILY LOTS AND OTHER PARCELS, LOCATED 841 ± FEET WEST OF MONROE STREET, SOUTH OF AVENUE 58. APPLICANT: QUADRANT, INC. A. RESOLUTION ACTION 3. PUBLIC HEARING TO ADOPT AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO CHAPTER 9 OF THE MUNICIPAL CODE, SECTIONS 9.200.020 — TABLE 9-23 DISCRETIONARY REVIEW AUTHORITY AND 9.210.010 RELATING TO SITE DEVELOPMENT PERMITS — DECISION MAKING AUTHORITY IN THE CITY OF LA QUINTA. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE ADJOURNMENT ON FIRST READING. Adjourn to a regularly scheduled meeting of the City Council to be held on January 3, 2006 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 December 20, 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 111, on December 16, 2005. DATED: December 16, 2005 JUNE . GREEK, CMC, City Clerk City of La Quinta, California City Council Agenda 6 December 20, 2005 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. l v 1 City Council Agenda 7 December 20, 2005 Presentation: i u - 3 40, OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: December 20, 2005 SUBJECT: Presentation of Riverside County Sheriff's Commendation to the City of La Quinta (3:00 p.m.) The Riverside County Sheriff's Office will make a presentation to the City Council and the City of La Quinta for their role in the renaming of State Highway 1 1 1 in honor of fallen Deputy Bruce Lee. COUNCIL/RDA MEETING DATE: DECEMBER 20, 2005 ITEM TITLE: Demand Register Dated December 20, 2005 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR ' STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated December 20, 2005 BACKGROUND: Prepaid Warrants: 66350 - 663811 185,122.92 66382 - 664001 82,773.37 66401 - 664011 23,698.85 Voids} (44,725.83) Wire Transfers} 427,177.36 P/R 33039 - 330841 212,348.89 P/R Tax Transfers} 75,449.08 Payable Warrants: 66402 - 665461 1,802,029.01 $2,763,873.65 FISCAL IMPLICATIONS: Demand of Cash -City $2,109,097.41 Demand of Cash -RDA $654,776.24 1 V John M. Falconer, Finance Director y� t CITY OF LA QUINTA BANK TRANSACTIONS 12/01/05 - 12/14/05 12/01/05 WIRE TRANSFER - ICMA 12/01/05 WIRE TRANSFER - PERS 12/01/05 WIRE TRANSFER - LANDMARK 12/01/05 WIRE TRANSFER - LANDMARK 12/01/05 WIRE TRANSFER - VISTA DUNES 12/01/05 WIRE TRANSFER - VISTA DUNES 12/02/05 WIRE TRANSFER - PERS HEALTH 12/02/05 WIRE TRANSFER - PERS TOTAL WIRE TRANSFERS OUT $7,372.98 $14, 876.09 $225,874.45 $25,094.00 $64,000.00 $31,000.00 $58,604.64 $355.20 $427,177.36 -10M I I O -t 1 I O 00 D` O O O O f- M I� O O \ I Y J I O o Ol O O O O oo O N10 O O O I W F- I O �? 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O O O 00 N Q I I M H I I (n U Z I I (0 Z 00 I O 1 O H M O I O Z I o J I I O J F N Q I w W O I W N F- 0 N O W N Q O Z N N U I W Z I 0 L n O N Q N N N 3 10 Q N N N I Q 2 I N CL LA(0)N Q N N Y N N O I z U I W O W O O x 0 N O N O O O Q 1 � I o 0 0 0 W O O N O 00 N F- I Ir0 1 00 O (70 'O WO 0!00 \J Z I O> I U O Q N J W In w M I Z I Q J J K Q \M O I W I V H w H W N z I> I > > > 3 3 r �C7Q I I J I I 0 • • I W I lu � li I O U I M 0 0 N M N = Q O I Z H 1 "O M N 00 N In Q w 1 00 1 N O 1� M M 1� �t Nl� d(7>- 1 o>Z I 000 01O 001 NN 0�t �ol0` uJ0 F- I ZZ I OM 00 O- Or O't CD Hof" I wH I OW ON 00 ON O1 Oc-�-- dOLu 1 > 1 OM 0�- 0- 0 0M 000 OF Tttb O COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Receive and File Revenue and Expenditure Report dated October 31, 2005 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the October 31, 2005 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, L " John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures, October 31, 2005 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/0112005 - 10/31/05 FUNDS BUDGET RECEIVED RECEIVED General $27,807,009.00 $7,005,506.69 25.20% Library 1,530,800.00 (156A7) 0.00% Gas Tax Revenue 583,800.00 166,418.05 28.50 % Federal Assistance 517,307.00 121,907.07 23.60% Urban Forestry 1,100.00 0.00 0.00% Slesf (Cops) Revenue 100,700.00 1.24 0.00% Local Law Enforcement 0.00 0.00 0.00 % Indian Gaming 201,142.00 177,801.05 88.40% Lighting & Landscaping 842,200.00 38.37 0.00% RCTC 2,056,829.00 101,068.36 4.90% Quimby 805,700.00 2,407,066.95 298.80% Infrastructure 600.00 4,321.54 720.30% Village Parking 0.00 0.00 0.00% South Coast Air Quality 42,200.00 11,116.87 26.30% Cmaq/Istea 50,597.00 0.00 0.00% Transportation 1,162,500.00 1,183,029.20 101.80 % Parks & Recreation 446,000.00 316,768.99 71.00% Civic Center 256,000.00 207,021.56 80.90% Library Development 177,500.00 141,953.00 80.00% Community Center 54,600.00 62,873.05 115.20% Street Facility 48,000.00 16,040.15 33.40% Park Facility 12,000.00 3,253.15 27.10% Fire Protection Facility 74,500.00 65,306.06 87.70% Library Development (County) Facifi 0.00 (0.46) 0.00% Arts In Public Places 105,100.00 118,410.27 112.70% Interest Allocation 0.00 303,108.53 0.00% Capital Improvement 71,042,890.00 7,928,876.64 11_20% Assessment District 2000-1 0.00 656.82 0.00% Equipment Replacement 397,000.00 337,602.52 85.00% Information Technology 443,000.00 427,895.97 96.60% Park Equipment & Facility 256,300.00 251,065.39 98.00% SilverRock Golf 3,720,155.00 503,288.35 13.50 % SilverRock Golf 69,353.00 19.46 0.00% LQ Public Safety Officer 2,100.00 22.32 1.10% La Quinta Financing Authority 5,867,556.00 2,958,694.15 50.40% RDA Project Area No. 1 40,268,714.00 6,001,482.62 14.90% RDA Project Area No. 2 25,788,546.00 19,002,705.44 73.70 % Total $184,731,798.00 $49,825,163.20 27.00% 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07/01 /2005 - 10/31 /05 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $29,223,693.00 $4,920,244.40 $144,063.55 $24,159,385.05 16.8 % Library 1,352,978.00 74,279.00 0.00 1,278,699.00 5.5% Gas Tax 724,732.00 206,992.02 0.00 517,739.98 28.6 % Federal Assistance 517,307.00 121,907.07 0.00 395,399.93 23.6% 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 842,200.00 280,733.28 0.00 561,466.72 33.3% RCTC 2,056,829.00 101,068.36 0.00 1,955,760.64 4.9% Quimby 605,133.00 161,256.05 0.00 443,876.95 26.6% Infrastructure 676,547.00 26,148.21 0.00 650,398.79 3.9% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 26,600,00 4,857.80 0.00 21,742.20 18.3 % Cmaq/lstea 0.00 0.00 0.00 0.00 0.0% Transportation 7,322,318.00 1,042,025.14 0.00 6,280,292.86 14.2% Parks & Recreation 113,358.00 23,079.01 0.00 90,278.99 20.4 % Civic Center 3,350,291.00 68,051.64 0.00 3,282,239.36 2.0 % Library Development 0.00 16,930.58 0.00 (16,930.58) 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 7,527.75 0.00 (7,527.75) 0.0% Library County DIF 0.00 0.00 0.00 0.00 0.0% Arts In Public Places 514,978.00 19,428.92 0.00 495,549.08 3.8% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 71,042,890.00 7,928,876.64 51,034.10 63,062,979.26 11.2% Proposed Assessment Di 0.00 0.00 0.00 0.00 0.0% Equipment Replacement 1,082,585.00 70,776.78 0.00 1,011,808.22 6.5% Information Technology 634,043.00 47,492.71 0.00 586,550.29 7.5% Park Maintenance Facility 0.00 0.00 0.00 0.00 0.0% SilverRock Golf 4,255,518.00 989,729.24 0.00 3,265,788.76 23.3% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Auth 5,867,556.00 3,475,268.13 0.00 2,392,287.87 59.2% RDA Project Area No. 1 67,157,605.00 13,563,003.02 0.00 53,594,601.98 20.2% RDA Project Area No. 2 84,970,056.00 12,473,993.88 0.00 72,496,062.12 14.7% Total $282,639,866.00 $45,623,669.63 $195,097.65 $236,821,098.72 16.1 % 07/01/2005 - 10/31/05 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 - Mitigatioi 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 TOTALGENERALFUND REMAINING BUDGET RECEIVED BUDGET 1,167, 900.00 146, 431.94 1, 021, 468.06 1, 545, 000.00 170,141.79 1, 374,85821 5,256,000.00 1,262,524.80 3,993,475.20 1,752,000.00 0.00 1,752,000.00 797,800.00 313,340.01 484,459.99 4,108,100.00 486,359.31 3,621,740.69 0.00 437,500.00 (437,500.00) 916,200.00 184,609.09 731,590.91 15,543,000.00 3,000,906.94 12,542,093.06 274,100.00 61,695.10 212,404.90 14,800.00 4,990.50 9,809.50 493,800.00 700,981.00 (207,181.00) 84,400.00 122,977.50 (38,577.50) 43,100.00 67,800.50 (24,700.50) 85,000.00 100,879.20 (15,879.20) 11,800.00 4,850.00 6,950.00 86,200.00 93 673.73 (7,473.73) 1,093,200.00 1,157,847.53 (64,64Z53) 13,200.00 2,019.00 11,181.00 252,750.00 118,919.30 133,830.70 377,100.00 412,728.56 (35,628.56) 222,400.00 97,292.50 125,107.50 584,400.00 855 878.00 (271,478.00) 1,449,850.00 1,486,837.36 (36,987.36) 1,726,200.00 62,14L28 1,664,058.72 94,000.00 16,202.65 77,797.35 27,700.00 5,292.00 22,408.00 175,874.00 70,830.97 105,043.03 89,350.00 0.00 89,350.00 0.00 16,719.29 (16,719.29) 8,600.00 10,494.50 (1,894.50) 4,337,893.00 43,473.92 4,294,419.08 174 200.00 202 363.08 (28,163.08) 6,633,817.00 427,517.69 6,206,299.31 2,747,400.00 930,427.27 1,816,972.73 7,149.00 1,997.80 5,151.20 0.00 0.00 0.00 0.00 0.00 0.00 51.00 (27.90) 78.90 7,200.00 1,969.90 5,230.10 332,542.00 0.00 332,542.00 27,807,009.00 7,005,506.69 20,801,502.31 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 (156.17) 3,156.17 TOTAL LIBRARY 1,530,800.00 (156.17) 1,530,956.17 GAS TAX REVENUE: Section 2105 189,300.00 52,618.31 136,681.69 Section 2106 147,000.00 35,899.96 111,100.04 Section 2107 233,700.00 71,439.62 162,260.38 Section 2107.5 6,200.00 6,000.00 200.00 Traffic Congestion Relief 0.00 0.00 0.00 Interest 7,600.00 460.16 7,139.84 TOTAL GAS TAX 583,800.00 166,418.05 417,381.95 FEDERAL ASSISTANCE REVENUE: CDBG Grant 517,307.00 121,907.07 395,399.93 Interest 0.00 0.00 0.00 TOTAL FEDERAL ASSISTANCE 517,307.00 121,907.07 395,399.93 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 1.24 698.76 100, 700.00 1.24 100, 698.76 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 2,200.00 551.05 1,648.95 TOTAL INDIAN GAMING 201,142.00 177,801.05 23,340.95 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 2,056,829.00 101,068.36 1,955,760.64 Transfer in 0.00 0.00 0.00 TOTAL RCTC 2,056,829.00 101,068.36 1,955,760.64 QUIMBY REVENUE: Quimby Fees 800,000.00 2,401,082.88 (1,601,082.88) Interest 5,700.00 5,984.07 (284.07) TOTAL QUIMBY 805,700.00 21407,066.95 (1,601,366.95) INFRASTRUCTURE REVENUE: Infrastructure Fee 2,500.00 (2,500.00) Interest 600.00 1,821.54 (1,221.54) Transfer in 0.00 0.00 0.00 TOTAL INFRASTRUCTURE 600.00 4,321.54 (3,721.54) VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 TOTAL VILLAGE PARKING 0.00 0.00 0.00 -0 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 10, 795.11 29,104.89 0.00 0.00 0.00 0.00 0.00 0.00 2,300.00 321.76 1,978.24 42,200.00 11,116.87 31,083.13 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 1,167,743.38 (71,543.38) Interest 66,300-00 15,285.82 51,014.18 Transfer in 0.00 0.00 0.00 TOTAL TRANSPORTATION 1,162,500.00 1,183,029.20 (20,529.20) PARKS & RECREATION Developer fees 446,000.00 316,298.00 129,702.00 Interest 0.00 470.99 (470.99) Transfer in 0.00 0.00 0.00 TOTAL PARKS & RECREATION 446,000.00 316,768.99 129,231.01 CIVIC CENTER Developer fees 256,000.00 202,312.67 53,687.33 Interest 0.00 4,708.89 (4,708.89) Transfer in 0.00 0.00 0.00 TOTAL CIVIC CENTER 256,000.00 207,021.56 48,978.44 LIBRARY DEVELOPMENT Developer fees 177,500.00 141,953.00 35,547.00 Interest 0.00 0.00 0.00 Transfer in 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 177,500.00 141,953.00 35,547.00 COMMUNITY CENTER Developer fees 37,000.00 61,131.00 (24,131.00) Interest 17, 600.00 1,742.05 15, 857.95 TOTAL COMMUNITY CENTER 54,600.00 62,873.05 (8,273.05) STREET FACILITY Developer fees 44,100.00 15,646.67 28,453.33 Interest 3,900.00 393.48 3,506.52 TOTAL STREET FACILITY 48,000.00 16,040.15 31,959.85 PARK FACILITY Developer fees 11,000.00 3,155.00 7,845.00 Interest 1,000.00 98.15 901.85 TOTAL PARK FACILITY 12,000.00 3,25115 8,746.85 FIRE PROTECTION FACILITY Developer fees 74,500.00 65,306.06 9,193.94 Interest 0.00 0.00 0.00 TOTAL FIRE PROTECTION FACILI 74,500.00 65,306.06 9,193.94 LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 0.00 0.00 0.00 Interest 0.00 (0.46) 0.46 TOTAL LIBRARY DEV (COUNTY) 0.00 (0.46) 0.46 ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 116,428.29 (18,928.29) Arts in Public Places Credits Applied 0.00 0.00 0.00 Interest 7,600.00 1,981.98 5,618.02 TOTAL ARTS IN PUBLIC PLACES 105,100.00 118,410.27 (13,310.27) INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transferin TOTAL INTEREST ALLOCATION 0.00 303,108.53 (303,108.53) 0.00 0.00 0.00 0.00 303,108.53 (303,10.b3) t , "- M CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVW D 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 2,982,676.69 20,430,385.31 848,479.00 0.00 848,479.00 0.00 0.00 0.00 472,800.00 19,170.00 453,630.00 2,764,466.00 0.00 2,764,466.00 0.00 0.00 0.00 0.00 0.00 0.00 52,887.00 62,991.00 (10,104.00) 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 42,811,371.00 4,864,038.95 37,947,33205 71,042,890.00 7,928,876.64 63,114,013.36 ASSESSMENT DISTRICT 2000-1 Interest 0.00 656.82 (656.82) 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 0.00 656.82 (656,82) 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 6,290.52 59,409.48 Transfers In 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEME 397,000.00 337,602.52 59,397.48 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 1,877.97 15,122.03 Transfers In 0.00 0.00 0.00 TOTAL INFORMATION TECHNOL( 443,000.00 427,895.97 15,104.03 PARK EQUIPMENT & FACILITY Charges for services 250,000.00 250,000.00 0.00 Interest 6,300.00 1,065.39 5,234.61 Capital Contributions 0.00 0.00 0.00 TOTAL PARK EQUIPMENT & FAC 256,300.00 251,065.39 5,234.61 SILVERROCK GOLF Green fees Range fees Resident Card Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 31175,395.00 321,462.72 2,853,932.28 34,470.00 6,464.00 28,006.00 52,500.00 8,535.00 43,965.00 245,790.00 46,826,63 198,963.37 12,000.00 0.00 12,000.00 0.00 0.00 0.00 200,000.00 120,000.00 80,000.00 3,720,155.00 503,288.35 3,216,866.65 0.00 19.46 (19.46) 69,353.00 0.00 69,353.00 69,353.00 19.46 69,333.54 2,000.00 0.00 2,000.00 100.00 22.32 77.68 2,100.00 22.32 2,077.68 7 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07/01/2005 - 10/31/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 779,903.00 136,636.96 0.00 643,266.04 CITY MANAGER'S OFFICE 1,086,429.00 315,657.24 0.00 770,771.76 ECONOMIC DEVELOPMENT 1,195,868.00 233,315.51 0.00 962,552.49 PERSONNEL/RISK MGT 971,909.00 389,935,49 0.00 581,973.51 TOTAL GENERAL GOVERNMENT 4,034,109.00 1,075,545.20 0.00 2,958,563.80 CITY CLERK 530,379.00 161,775.38 0.00 368,603.62 TOTAL CITY CLERK 530,379.00 161,775.38 0.00 368,603.62 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1,009,119.00 188,186.20 0.00 820,932.80 SENIOR CENTER 372,661.00 92,019.18 0.00 280,641.82 PARKS & RECREATION PROGRAMS 149,832.00 52,860.36 0.00 96,971.64 LIBRARY 843,605.00 63,679.50 13,408.64 766,516.86 TOTAL COMMUNITY SERVICES 2,375,217.00 396,745.24 13,408.64 1,965,063.12 FINANCE FISCAL SERVICES 749,178.00 235,073.78 0.00 514,104.22 CENTRAL SERVICES 480,682.00 175,321.99 68,521.89 236,838A2 TOTAL FINANCE 1,229,860.00 410,395.77 68,521.89 750,942.34 BUILDING & SAFETY: BUILDING &SAFETY -ADMIN 343,081.00 103,634.09 0.00 239,446.91 BUILDING 951,179.00 392,560.70 0.00 558,618.30 CODE COMPLIANCE 660,374.00 188,363.47 0.00 472,010.53 ANIMAL CONTROL 395,986.00 89,432.59 0.00 306,553.41 CIVIC CENTER BUILDING -OPERATIONS 1,024,190.00 139,510.75 0.00 884,679.25 TOTAL BUILDING & SAFETY 3,374,810.00 913,501_60 0.00 2,461,308.40 PUBLIC SAFETY: POLICE SERVICES 7,988,288.00 103,548.88 49,616.42 7,835,122.70 FIRE 4,428,480.00 72,573.06 0.00 4,355,906.94 EMERGENCY SERVICES 33,650.00 11,177.79 0.00 22,472.21 TOTAL PUBLIC SAFETY 12,450,418.00 187,299.73 49,616.42 12,213,501.85 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 844,638.00 194,734.45 0.00 649,903.55 CURRENT PLANNING 750,389.00 124,072.60 0.00 626,316.40 TOTAL COMMUNITY DEVELOPMENT 1,595,027.00 318,807.05 0.00 1,276,219.95 PUBLIC WORKS: (389,171.00) PUBLIC WORKS ADMINISTRATION 315,854.00 95,572.86 518.59 219,762.55 DEVELOPMENT & TRAFFIC 1,206,213.00 468,667.88 11,400.00 726,145.12 MAINT/OPERATIONS - STREETS 1,330,424.00 374,681.01 0.00 955,742.99 MAINT/OPERATIONS - LTG/LANDSCAPING 1,938,880.00 513,100.69 598.01 1,425,181.30 MAINT/OPERATIONS - PARK MAINTENANCE 1,079,651.00 452,638.78 0.00 627,012.22 CONSTRUCTION MANAGEMENT 661,417.00 210,142.17 0.00 451,274.83 TOTAL PUBLIC WORKS 6,532,439.00 2,114,803.39 12,516.60 4,015,948.01 TRANSFERS OUT 1,972,480.00 417,384.75 0.00 1,555,095.25 GENERAL FUND REIMBURSEMENTS (4,871,046.00) (1,076,013.71) 0.00 (3,795,032.29) NET GENERAL FUND EXPENDITURES 29,223,693.00 4,920,244.40 144,063.55 24,159,385.05 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY 07/0112005 - 10/31/05 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 843,605.00 39,273.79 0.00 804,331.21 TRANSFER OUT 509,373.00 35,005.21 0.00 474,367.79 TOTAL LIBRARY FUND 1,352,978.00 74,279.00 0.00 1,278,699.00 GAS TAX REIMBURSE GENERAL FUND 583,800.00 194,600.00 0.00 389,200.00 TRANSFER OUT 140,932.00 12,392.02 0.00 128,539.98 TOTAL GAS TAX FUND 724,732.00 206,992.02 0.00 517,739.98 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 517,307.00 121,907.07 0.00 395,399.93 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 842,200.00 280,733.28 0.00 561,466]2 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTGILANDSCAPING FUND 842,200. 00 280,733.28 0.00 561,466.72 RCTC TRANSFER OUT 2,056,829.00 101,068.36 0.00 1,955,760.64 TOTAL RCTC 2,056,829.00 101,068.36 0.00 1,955,760.64 QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 605,133.00 161,256.05 0.00 443,876.95 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 676,547.00 26,148.21 0.00 650,398.79 TOTAL INFRASTRUCTURE 676,547.00 26,148.21 0.00 650,398.79 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 (1,893.00) SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 4,857.80 0.00 21,742.20 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 26,600.00 4,857.80 0.00 21,742.20 CMAQIISTEA TRANSFER OUT TOTAL CMAQIISTEA FUND 0.00 0.00 0.00 0.00 TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,322,318.00 1,042,025.14 0.00 6,280,292.86 TOTAL TRANSPORTATION 7,322,318.00 1,042,025.14 0.00 6,280,292.86 PARKS & RECREATION INTEREST ON ADVANCE 0.00 23,079.01 0.00 (23,079.01) TRANSFER OUT 113,358.00 0.00 0.00 113,358.00 TOTAL PARKS & RECREATION 113,358.00 23,079.01 0.00 90,278.99 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 204,173.00 68,051.64 0.00 136,121.36 TRANSFER OUT 3,146,118.00 0.00 0.00 3,146,118.00 TOTAL CIVIC CENTER 3,350,291.00 68,051.64 0.00 3,282,239.36 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 INTEREST ON ADVANCE 0.00 16,930.58 0.00 (16,930.58) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT 0 00 16 930.58 0.00 (16,930.58) we CITY OF LA QUINTA 07/01/2005 - 10131105 REMAINING OTHER CITY FUNDS 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 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 7,527.75 0.00 (7,527.75) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 0.00 7,527.75 0.00 (7,527.75) LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY COUNTY DIE 0.00 0.00 0.00 0.00 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 282,758.00 19,428.92 0.00 263,329.08 TRANSFER OUT 226,920.00 0.00 0.00 226,920.00 TOTAL ART IN PUBLIC PLACES 514,978.00 19,428.92 0.00 495,549.08 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 70,019,322.00 7,893,421.64 51,034.10 62,074,866.26 PROJECT REIMBURSEMENTS TO GEN FUND 1,023,568.00 35,455.00 0.00 988,113.00 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 71,042,890.00 7,928,876.64 51,034.10 63,062,979.26 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 70,776.78 0.00 354,808.22 TRANSFER OUT 657,000.00 0.00 0.00 657,000.00 TOTAL EQUIPMENT REPLACEMENT FUND 1,082,585.00 70,776.78 0.00 1,011,808.22 INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 634,043.00 47,492.71 0.00 586,550.29 TOTAL INFORMATION TECHNOLOGY FUND 634,043.00 47,492.71 0.00 586,550.29 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 41186,165.00 989,729.24 0.00 3,196,435.76 TRANSFER OUT 69,353.00 0.00 0.00 69,353.00 TOTAL SILVERROCK GOLF 4,255,518.00 989,729.24 0.00 3,265,788.76 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 10 f�G1:itrGv E� OF V, AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 2005 BUSINESS SESSION: ITEM TITLE: Receive and File Treasurer's Report dated October 31, 2005 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated October 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, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Treasurer's Report, City of La Quinta C �i 3 ATTACHMENT 1 T4ht 4 44� QuiKs MEMORANDUM TO La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for October 31, 2005 DATE November 30, 2005 Attached is the Treasurer's Report for the month ending October 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: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash (3) $ 122,841 $ 3,297,382 (1) $3,420,223 $3,297,382 LAIF 34,558,208 4,951,112 (500,000) 39,009,320 4,451,112 US Treasuries (2) 107,219,691 9,000,000 (2) (9,000,000) (20,560) 107,199,131 (20,560) US Gov't Sponsored Enterprises (2) 28,550,804 (2) (20,658) 28,530,146 (20,658) Commercial Paper (2) - 0 0 Corporate Notes 0 0 Mutual Funds 8,182,129 1 495,623 7,686,506 495,623 Total $ 178,633,673 1 $ 17,248,494 1 1 $ 9,995,623 $ 41,218 $ 185,845,326 $ 7,211,653 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. 1 John M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. j �UtI� U Date (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. 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U a ca o A O E O A C LL A `°�°�n- .� N O fn N N O voO o c3 c9c9d5oam5UQw5LLJin� � UoJ LL LLo r Nil m vco coo i�� ri ri co � o v M m tO M in m N Oi m v ri ri r r m V V M mo �om�n �n rn m Sri m v rn � o rn o a�ry r'ro _oi M ocD m vMm min Q M � N N N v min V N � mN m r m m M O1 co m v �i o �m�n �nm rnm M r •- m O N N ON N m V m N N m r O m m u�rm om o rm�n �M �NM�nm m V O CF3N N N m LL W N T i m m r N V O N �n M O to m N m�nv m om _ n m N r r M o rn m o v�nvrn ov E m r M 0 r O N m N M M m �u'von poi m m p D7 m E N in m m '- N m m O N N m cND tmn m V v N vm��n� mm "rim y N N �m O O r r V MmN m u��n m Q> M N V m 7 Q � m M in M N m�V N c mom m•- �nNmN min V M o m N O M m m m m N M M O V If N M N m N N W v O N N c a z a v - E m N N m c E Z o C O - o w o u 2- I, a m m M m d D7 O N O O o�Mmmo E omim roim rn City of La Qulnta Reconciliation of Actual and Surplus Funds City. Redevelopment Agency and Financing Authority October 31. 2005 Balance of Actual Funds 185.845.326 Less Petty cash Funds (1.000) Less Non -Surplus Funds (I,235,069) Balance of Surplus Funds $ 184,609,257 City Cash & Investments Bank Accounts Surplus Surplus Surplus Surplus All Fund S rs uu p usl _ Nama Ava_1�b111[y Surplus Type Book Yes ___Adj __ Yes _ _ _ No Ad1 _ No Yes Wells Fargo Demand No Checking $ 3,379,508 $ - $ $3,379,508 S (2, 144439)� S L235.069 PeVy C h Demand No N/A 1,000 - - 1,000 1.000 Wells Fargo/H s ng Demand Yes Checkiri 39.715 39,715 39715 - .. Total Bank Accounts $ 3420,223 $ 39,715 $ S 39,715 $3, 380,508 $ (2, 14441 $ 1,236.069 1.8404% 0.0215% U. S. Treasury Amortized Custodian Availabilty Surplus _ Issuer/Type Value Bank of New York- Demand Yes U.S. Treasury Bill 8,820,782 Bank of New York- Demand Yes I U.S. Treasury Note 4, 998.981 Bank of New York- Demand Yes U_S. Treasury Note 3,995.494 Bank of New York - Demand Yes U.S. Treasury Note 4 952.297 Bank or New York De nand Yes U S T asury Note 5,001,021 Bank of New York De rand Yes U S T easury Note 4.976, 238 T....i i i c TI-1111, 32, 744, 813 U S G > tSpEaterpnses Amortized Custodian A a laid Surplus _Issuer/TypeValue Val e Bank of New Yurk - De nand Yes FHLB 2,503,129 Bank of New York - Demand Yes FARM CREDIT 1,999, 131 Bank of New York - Demand Yes FHLB 1, 999,"1 Bank of New York -Demand Yes FHLB-Discount 1, 989,576 Bank of New York - Demand Yes FHL Mortgage 7.532,259 Bank of New York - Demand Yes FNMA 5,033,677 Bank of New York - Demand Yes FHL Mortgage 2.525,284 Bank of New York -Demand Yes FARM CREDIT 4,947,649-, Total- U. S.Governmenl 5ecuriles 28,530, 146 Surplus S rrplu's Yes Act Yes 2 5o3, 529 I 2 503, 529 1, 999, 131 1.999, 131 1,999 041 1 999041 1.989576 1,989. 576 1532,259 7, 532.259 5,033,677 5, 033.677 2.525.284 2, 525.284 4 947.649 4,947, 649 28.530. 1413 - - - 28,530. 146 Surplus Surplus All Funds Surplus No Ad! No Actual- Yes 17 6794°ioI77374'i� Surplus Surplus All Funds Surplus No AdJ No Act ial °/ Yes 15 351 Local Agency Investment Fund Surplus I Surplus Surplus I I Surplus All Funds Surplus _ Name Avalability Surplus Type_ Book_ _ Yes _ Adj_. Yes _ - No_. AcL No A,tual%' Yes .._ _ .. _ LAIF City Demand Yes State Pool 35,341,583 35 341.583 2.144.439 37 486.022 - LAIF RDA - Demand Yes I State Pool 3,6fi7.737 3.667.7374 _ __ 3 667.737_ _ _ _ - - _.... - _. -. -- t--- — - - --- I - - 20.9902% 222924% Total - State Pool 39.009,320 39.609,320 2144,439 41, 153,759 �... Total City Investments 100,284,279 1021284,279 2,144,439 102,428,718 53.9612% 55.4841% Total City Cash 8lnvestments 103,704,502 100,323,994 2,144439 102,468,433 3,380,508 (2,144,439) 1,236,069 55.8015% 65.5056°/ Fiscal Agent Investments Pont olio"Cit Investments p yp P - - 1 e P - t - Surplus AIct rids Surplus Surplus lus Surplus Surplus Custodian - Availability Surplus IssuerfT e Value Yes Ad Ves No Ad _ No Actual °r, Yes Y 2002 RDA U S Bank CIP 1 Yes U S Treasury BIII j 9. 951 708 9,951 708 9, 951,708 - 2004Finance Authority -CIP Yes �'� U S.Treasury Note I 29.877,210 29,877,210 29.877.210 2004 Finance Authority -CIP Yes U. S. Treasury BIII 9,856,201 9, 856,201 9.856,201 - 2004 Finance Authority -CIP Ii Yes U S Treasury Note_ 24,769, 199 24 769 199� _ 24 769 99 _ - r 74,454,318 74 454.318 - 74454 .318 - - L-40 ' �r° Total U.STeasury -. ' Portfolio Mutual Funds Money Market Book Trustee - Availablllty S trplus Mutual Fund Value Civic Center U.S Bank - Project YES 1s1 Amen can - Clvlc Center U.S.Bark - Debt Svc YES 1st American 101 1994 RDA U.S. Bank -Debt Svc YES 1st American 1995 RDA U S.Bank - CIP YES 1st American 1995 RDA U. S.Bank -Special Fund YES 1st American - 2004 Fin Auto - 1905 US Bank - Escrow YES 1st American 19, RDAU.S.Bank-CIP YES 1st American 1998 RDA U.S Bank- Met Svc YES 1st American - 1998 RDA U. S. Bank- Special Fund YES 1st American - 1998 RDA U.S Bank - GIP YES 1st American - Yes Act Yes 01 101 A11 Funds Surplus Actual % Yes 2001 RDA U S. Bank - Dbt Svc YES 1st American - - 2001 RDA U.S. Bank - CIP YES 1st American 2002 RDA U.S. Bank - Dbt Svc YES 1st American - - 3.934 438 2002 RDA US. Bank- CIP YES 1st American 3,934,431 3.934.438 - 2003 Taxable RDA U_S. Bank - DS YES 1st American 2003 Taxable RDA US BankCO,YES 1st Arnerican _ 2003 Taxable RDA U. S Bank-CIP YES I 1st American 2004 Fin Auth US Bank - CIP YES 1st American 3 751 967 3 751,967 1 3, 751.967 20044 US Ba YES 1st American _ �neA Ith - --- - -- 7,686,506 ___ __ _ __ — 7, 686,506 - 7,686,506 - - " 413fi0%, FkindCOI Total Fiscal Agent Investments Grand Total 82,140,824 82,140,824 82,140,824 44.1985% 44.4944>/ 185,845,326F 182,464,818 2,144,439 18g609,257 3,380,508 (2,144,439) 1,236,069 100.0000% 100.0000°/ 0 - 9 �o vocom m(n Q Q N N N M N � O� � N O N •- N N a «� M (n 0M of M 2 0O m .- N N N N N � e-- O � •- � N O � � � N � - N N � (n V to � In � � a •O o .moo o � o o \ N O of N L o ��� o m m I O C to L�� o 0 o N O O (n (n M L o � o .mac J �o O (D (D N (O N N N LL m M M O V N W m (n N m N (n m In m LL M O O ID'- e- M N O ° O 0 V C C O N tIJ N C Ln M M O N C of (D C M C7 m M N O C M O O O M co (n (D (n (D U o mm U o r U M O O !� M o U M 0 7 (n d• O N M r O A N �m In V W of M of O N O N m 0 0 (n O m m N M o (D O O N V O Z^ r M O Z O M (D V O m Z M O O N M Z O I� v m (D (n Z K N V M N (D cD (D (D (D 0 I r m U (n O m M N N N M (" ) y In 0 of O �n V M 0 (n O V O CDN V Q O N (n O N r Q 7 (D (0 (D (D (D O N N N 7 N M N M N r W O (n (p N N I� O (D m M r N M a N 0 of co (D O N O V N (D M M N co N m M a N O M N M N No OM M M M M (n O r V CD � M co M O N 4 N N EE EE C C E E E E E E 4l`" E E NN N N N O O N Nm N N N N N N C C of -- Q U Q U Q N Q N -o Q N U N F, C _ O@_ N 'O O C@ > O@ C > o U C 0 N > O C O _N O U — N a O U — @ d N @ O —aii atY _O O (� _ @ aiiQ� O (n — @ aii O E iNa� o `o o m o 0 o m o 0 o m o m m C E .0 C C C C C uJi � " C N `` .� N J O O N @ @ @ @ J W W W W W W W W W W W W W W W N S NL- N N N N C N N N N N f0 N N N O Ol t9 (D N O m K NN N N (0 t9 (6 O d' N @@@ O 7 7 N a' m O U O J J J 2LL C C C C C C tli LL Q C C C N C C C > Q C C C K> Q Q (n Q C C C X> Q ' Q Q Q (n Q J UX> O Q Q Q (n Q J Q Q Q U) Q J Q Q Q (!J Q J Q Q Q U7 Q J Q Q J U= 10 Ln 0 0 N 4 L •r+ o iO r �-=o U � c r o U N >1 c M c ■ I I I I ■ I I ■ 1 I I I I I I I ■ I I I �I 1 I ,1 1 r+ � - 0 0 0 0 0 0 0 0 �n o LO o Ln o Ln o ai cri N luaWd 6 6 11 r N M0 O I� p 7 COD Il N 7 � OM pOj f0 O O ~O 00 of O m c) N N N M MIN � N o�p M M 06 m m"i W V N tp d o N O N M M O Del CD CO M r M o V N 0 O V O 7 n m G C4 V O O t` a O 00 T n O W r LL� M W O O M O O � M •- N 7 O 7 CO to C' N N M M m U M a 0 � O 0 O I� m 7 O O O p O 10 .- 0) V CD f� to O O r O O LL N in d' N M M CO N O W W y 0 C0 O V O O O N M O M M V O O O O an0 (O d U N O O m N p, T H M O (P of 11" 7 N O Qm1 N O O O O Q7 mo�voM � � OO O OC Iry �� a �� rncoD 06 oc���om m m OCT N r C _ M N CfJ N p N LO M O f` r V W t` m O O O p@ O Cn _ M m N m M O pOj O LL� O N N �a N N O M ID ! rro O O P o 0 o tNp r @ M m N U E � mrnvrnm CD rnr���m m N ro M � O M p N � C:,` r O O O N N W O N O O N ND1M r-Norn�m M N UJ � N �� N W N LL z Ln O O N M_ N O 00 M O N 7 N M O CO V M O O rn N M M r rn N O 0D V a 0 of N N M M N of N M CO N N Cfj O CO H O M N r M N n H } C d L > O � > C i L � rn C N 3 � A c N N N � O 3 d O C N O U @ C U @ C U U 2 @ m L m d N A @ U x C U O w N m L C U U j N LL E d C j C UI d 1 @ U c C N 'O > o °-a d a C >L @ m m �0 a�i X f0 U! IlJ � @ N xt6 C9 N O dWDu)a0U�H z J co O m v ol M r O N M (C) m r M r (P � n M CD N M m Cl) o D C0 O O � M � M O O � o m 12 COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Amended Subdivision Improvement Agreement for Tract Map No. 33015, The Laurels, Riviera Villas, 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 Amended Subdivision Improvement Agreement (ASIA) for Tract Map No. 33015, The Laurels, Riviera Villas, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33015 is located south of Avenue 54 and west of Jefferson Street (Attachment 1). This condominium development will consist of 2 numbered lots on approximately 2.37 acres (Attachment 2). On May 17, 2005, the City Council approved Tentative Tract Map No. 33015. 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 ASIA (Attachment 3) has been executed by the developer and the associated surety rider, which appends the bonds from Tract Map No. 29125, has 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. ( a� 4 As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and ASIA. The approval is contingent upon receipt within 30 days (January 19, 2006), 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 Amended Subdivision Improvement Agreement for Tract Map No. 33015, The Laurels, Riviera Villas, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Amended Subdivision Improvement Agreement for Tract Map No. 33015, The Laurels, Riviera Villas, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. J asson,'P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 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. 33015, THE LAURELS, RIVIERA VILLAS, 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. 3 Resolution No. 2005- Tract Map No. 33015, The Laurels Adopted: December 20, 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 Tract Map 33015 is conditionally approved provided the subdivider submits all required items on or before January 19, 2006. 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 Amended Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 19, 2006. 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. r al Resolution No. 2005- Tract Map No. 33015, The Laurels Adopted: December 20, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of December 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 1S 30�1NOlN 00 m 0 Q 0 1S NOSI UM F- 0 0 Q a- dDd NOSY3333P o- W 5 w i— V) CL <Q L 9 Z U SA ATTACHMENT 2 k511 a TE p gy � qE i hi i ge � b ■ � b ��$ �]�€y h � C3 kh. MTN g��g = 8 uim� O fKui f 6 fit hl dt Ri Or 0�- I L rc h 490 lilt O 0�2 i}f¢ ii{h k Y1� i'14' R i@ 0 ;S q � pC @ a � ? i Th 1 1}&l} S}�4,r �i5b�t 44 pyy EC i�� jj 0 �-It � - i I gm W R 5 R}i;ge It LF S?9 mW3 r I �i��e�b� , ig � "�{ 1 i41'll ;.IIaI A NV it le let LrA lilt - p h k ill y} r ry y�aBb 8} t Ha it c" 01 0 7 b V a . •� r°F d � �s U ■ @I tE E c3€ ' Laow,j firr.,rmsl Coonf, Cix.,rnusl I wof,3Legg xizms R I s I = 1 � t I I �$� 2 / Ko I b1ibl+ 1 •`�ri. 8 � ' 2 tFat- 1 ,L �i2` I ■ g I I OIL I �n < UOC�9 < a 1 Isla I i giq�ryEin r IC KU�Ibl= p to h v> I n 1 mi B E & �i eg V J�foUZ WI rrr hl� I $ mom � .p j.l nlw n > I W 1fg ��[�F_ � I I oc I � � S� •� W L..f �.o o I wve, .oroe, .ao.e .. .v.•ozaw Cwsrl Carl O asrJi6 las.0 ic», c"L T'� Lfrz,t n'i,rl.f.z,sq L...■r�u'd(..■c.I 1VOHS _ nm d I °� z �Id y eat eat � 6 � � r r ATTACHMENT 3 CITY or LA QUINCA AMENDED SUBDIVISION IMPROVEMENT AGREEMtN 1 TRACT MAP No. 33015 THIS SUBDIVISION IMPROVEMENT AGRdaEy oMENT (the "Agreement") is made and entered di��een Riviera Villas, ---LLC , a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, her referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the -map`) of a unit of land in iiie Ciiy of La Quii,.a, County of Riverside, which unit of land is known as Tract No. 33015 (the "Tracy') pursuant to the provisions of Section 66410, et sec. of the California Govemment 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, except for the finished paving, have been installed but not accepted by the City at this iin ie. The above noted improvements were installed under Tract Map No. 29125, which is being replaced by this new Tract Map No. 33015. D. Tract Map No. 29125 was approved for single family lots, but the Homeowners' Association for the Tract did not approve of these lots. Tract Map No. 33015 is a condominium plan (accepted by the Homeowners' Association) with the same improvements as shown on Tract Map No. 29125. projecter has agreed to Accordingly, o thecondominium plar to n.TheCitylfrom the Homeowners' Association, h s given the modified project the newuTractMap No. of 33015odifythe F. It is therefore necessary that Subdivider and City enter into an agreement to reiterate Subdivider's obligations with respect to 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, uiiiiiy, other improvements required to be constructed or agreed to be constructed under this Agreement as listedin Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction snag De as approveo vy uie %.ny EiiyaicC1. 3, Improvement Security. A. The Subdivider may provide a rider from American Contractors Indemnity Company in a form acceptable to City attaching the existing Performance Bond (Bond No. 203400) and Labor and Material Bond (Bond No. 203400). Said rider shall expressly state that the existing bonds from Tract Map No. 29125 are being transferred to cover Improvement under the new Tract Map No. 33015. B. 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 1 mprovements 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` z'd OtBL-L6�-ZTti119,4UeS 'C 'o1o?iged JgT:uo So Li AcN Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. C" improvement secunry snau conform to Section bb4yy of the Uautomta uovernment L;oae ana 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 oT ..K-z or oetter on the investment Uata Exchange (of the Los Angeles County -treasurers office). 4) Irrevocable letters of credit issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the aepositor unui reLeasea by Ulry. Letters or creatt snau guarantee that all or any portion oT the tunas available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of iiie irnpioverjut its aril snau incluae ine power or sale or 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 iu any wine dppei i:diniLLg, anu uLe reservations, remainaers, rents, issues, ano proms tnereoT. i ne couateral 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 ui Lire state, Wuerai, or ,ocai government proviaes at Least twenty rercent ([uio) of the financing Tor 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 i,aiiiui nia "uvernrnent %,00e, aeposneo, at t;rtys option, wan Viry or a responsible escrow agent or trust company. D. 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 setforth in Exhibit A. E. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form or security provided. Administrative tees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source 10 t _ UbtiL-Ltit�-C lti L Ld'4UeS [" 7tJ i"4ed au l ;du SU L l (NUN (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for suumiUdi ui wanarny security a the warranty security IS or the same corm ana trom the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shaii be carte tiunarea Fifty Dollars ($150.00). 2) Fvl ilCu, euu icdl pl ulJel ty d5 4Lmbt.I IUeu III t'arayrapll 0) car 0M%, 1 itio4 o.b., for wnicn uty will prepare lien agreements and subopdination agreements, administer valuation of the real property and administer the agreements over the care of til lien, all of wnicn require legal assistance and financial advice, Subdivider shall oav to t;lty an aammistrabon tee of Une Halt of One Percent (0.5%) of the estimated cost of the improvements secured but not less than F-we Hundred Uollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other torms of security listed in Section 3 B, above, there will be no administrative fee. F. Participatory tgnprovements, 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 Subdvider of Subdividers 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 varacipatory Wiprovements. It Subdivider tails 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. G. oecurity snar raot expire, oe reaucea or become wnouy or partially invalid Tor any reason, including non- payment of premiums, modfcations 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. H. becurrtysnafu aye released in the tollowing manner: 1) Performaince security shalt be released upon the final completion and acceptance or approval, by the City Council of the Impromements 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 ii Ie Wiai puiiurmance securtyy proviaea Tor ine rartnful performance of the actor 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 stall not allow.more than two partial reductions of security furnished for any improvement agreement. 3) Participaaory 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 recteives 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 provis*ons of the Subdivision Map Act shall apply. 5) Warrantyr security not utilized during the warranty period shall be released one year after final acceptance or approval by three City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warrartity security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangemerttis satisfactory to the City Engineer. k) 14 .'1 11 b'd Ot,BG-GBH-?_tf, 111eques •r -'{otiged 9T:aO SO LT AcN u. i-ermiis Required, Prior to commencing any pnase of worK, Suadiviaer snail obtain all permits required for iijai phase of work and pay an requires Tees. vvonc perTormea 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 or reai property not ownea by 5ubaiviaer or Uty, 5ubdiviaer Shall use its best ettorts purchase such real property at a reasonable price. in the event that buocliviaer is unsuccesstul, despite its best ettorts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. Ci y may, bui is not required to, agree to attempt to acquire such real property on behalt 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 the original Subdivision Improvement Agreement, which was approved on March 5, 2004. Portions of the Improvements may be completed at a iaiei date, as determined by the uiry Engineer or as set torth 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 faiiure snail not otnerwise attect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. o. T role Exiensiun. Subdivider may make appacatlon in writing to the Lary council Tor an extension of time Tor completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure me performance or ana payment Tor 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 V on map Act and ot Subdivider � shall rtprovide the City Engineer written proof that tIb he monuments et ments have been evidencehe La uutnta pal Code of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required ducumeniation and wiii inspect the improvements. IT the improvements are determined to be in accordance witn 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 CityEngineer shall recommend acceptance of the Improvements b the City Council. r, g' P P Y s d ot,BL-Lets-a T t, 12 111equeg -C �otj-4ed dLT:ao so LT ^cN 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 1 \.It.OJ4V- 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, i a. inaemnitication. 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 -' e Ourlui izj uui Approvai. in the event that any requirement or condition ottrus Agreement is inconsistent with or tails 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. i;. oeVCiaumiy. in rile event inat 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. Ali notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B_ The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 13 9'd Ot�8L- Let— aTil t j jaqueS -C >101i4ed d8j :z0 so LT Aow IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year firstwritten above, CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: RIVIERA VILLAS, LLC Local Address 78-371 Highway 111 La Quinta, CA 92253 By: �� Capp ._ c_ c Title: Q By::K Title: 9 o Reviewed and Approved: Approved as to Form: City Engineer City Attorney 78A95 Calle Tampico La Quinta, CA 92253 7601777-7075 Date Principal Address 300 E. State Street, Suite 100 Redlands, CA 92373 "T Date / I / ( 0S Date Date Date 14 Z d{,t':90 so L T A0W ' d 0�8L-L8b-Z T t� t i i a�ueg -- � -�{o t abed - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � 1�� ss. County of S , �e,Yn0rv_"t"' J On f\1 v V / 7 , G before me, Date Name and Title of Officer (e.g., " ne Doe, Notary Public") personally appeared SU PING CHEN i Commission # 1464449 z OMY Notary Public - California San Bernardino County i 1110""Illp'"UPW — — — Comm. Expires Jan 20, 2008 Names) of Signerts) ")(Personally known to me El proved to me on the basis of satisfactory evidence to be the person(,) whose name(K is/aP6 subscribed to the within instrument and acknowledged to me that he/sKe/tVy executed the same in his/Ver/tp4ir authorized capacity(os), and that by his/her/th/Or signature(o on the instrument the person( or the entity upon behalf of which the person,61 acted. executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: )°�1iy`r ey{ /1 �Ll r ✓, 5 % 7mpNi✓e A Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here J Corporate Officer — Title(s): Fj, Partner — Limited ❑ General J Attorney -in -Fact Trustee J; Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 15 Exhibit A Security - Tract 33015 Exi:Cpi as uinerwise proviaeo herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets Improvements 48,778 48,778 Grading 43,950 43,950 Site Perimeter Wall' 32,000 32,000 Domestic Water 66.700 66,700 Sanitation Sewer 14,260 14,260 Monumentation 5,000 0 Construction Subtotal: $210,688 $205,688 Contingency (25% of Project) TOTAL: Offsite Participatory Improvements 2 59,952 270,640 $29,120 This improvement item shall be constructed/installed within six (6) months after recordation of the Tract Map. This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. r 16 8'd 0�181.-Leb-Zib T11eques •r ->{oiuged dGT:aO SO LT ^oW cF�r of �•v COUNCIL/RDA MEETING DATE: December 20, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of a Contract for Services Agreement Between the City of La Quinta and Carl CONSENT CALENDAR: Walker Inc. to Initiate the Village Parking Development STUDY SESSION: Strategy PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to sign a Contract for Services Agreement in an amount not to exceed $38,800 for consulting and evaluation services related to the Village Parking Development Strategy, as outlined in the Scope of Services. FISCAL IMPLICATIONS: The project will require an amount not to exceed $38,800 for the cost of the approved contract with the City. The Contract and the consultant's proposed Scope of Services for this work are provided in Attachments 1 and 2, respectively. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On August 2, 2005, Council approved the initiation of a Request for Proposals (RFP) to conduct a Village Parking Development Strategy. RFP's were mailed to 31 local and regional consulting firms involved with parking and infrastructure analysis. Four work proposals were received and evaluated by a review panel consisting of City staff representatives from Community Development and Public Works, along with Redevelopment Agency consultant Frank Spevacek. Following interviews with three of the four consultants who provided work proposals, the panel recommended Carl Walker, Inc. for the project and as the preferred consultant, with Walker Parking Consultants recommended as an alternate. The panel was especially impressed with Carl Walker's focus on public participation and emphasis of alternative solutions. This Contract will initiate a comprehensive parking analysis and strategy recommendation for the Village Commercial District in an effort to evaluate parking adequacy in regards to current and future demands (Attachment 1). The first portion of the project will involve a parking survey, inventory of available facilities, review of the City's Parking Ordinance, public input sessions, and an evaluation of circulation patterns. Taking into account those results, the second portion of the project will provide a recommended parking development and management strategy with alternatives, to be presented to the Planning Commission and City Council at their prospective meetings (Attachment 2). Public outreach under this Contract includes; a kick-off meeting; input sessions with stakeholders such as Village merchants, property owners, public officials, and residents; and public presentations before both the Planning Commission and City Council. On -site research will be conducted over a four -day period with parking surveys taken at two-hour intervals. The consultants will observe both vehicular and pedestrian circulation, inventory parking surpluses and deficits, and categorize the types of parking available. Off -site research will involve the review of information collected during stakeholder sessions, an analysis of the City's Parking Ordinance, and the evaluation of all data collected. When completed, the Parking Development Strategy will allow the City to identify and address the current and future parking needs associated with the development of the Village Commercial District (Attachment 3). The results of the study will include a recommended course of action with options and alternatives to improve Village parking operations, infrastructure, and management. These recommendations could be in the form of technology improvements, modifications or additions to existing infrastructure, Parking Ordinance amendments, and/or management implementation programs. The Contract states the Scope of Services shall be completed by April 1, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the City Manager to sign a Contract for Services Agreement in an amount not to exceed $38,800 for consulting services for the Village Parking Study; or 2. Do not authorize the City Manager to sign a Contract for Services Agreement in an amount not to exceed $38,800 for consulting services for the Village Parking Study; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . Contract for Services Agreement 2. Scope of Services 3. Area of Study ATTACHMENT #1 CONTRACT FOR SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and CARL WALKER, INCORPORATED (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to analysis and recommendation for the project known as the "Village Parking Development Strategy," to be conducted within the Village Commercial District, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform i P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" included in Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of Exhibit "A" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty Eight Thousand Eight Hundred and no/100 dollars ($38,800) (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified in Exhibit "A", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "B"). P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "C" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "C") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit "C"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. L. Dennis Burns, Principal -In -Charge Matthew Q. Inman, Project Manager It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Community Development Director or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability , insurance in the amount acceptable to the City. P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct,'or that of its officers or employees. In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable attorney's feed, incurred in defense of such claim. In addition, contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnities. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or. P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf property resulting from Contractor's or its subcontractors' performance of work under this Agreement. .• RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submif to the personal jurisdiction of such court in the event of such action. PAReports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) n % days' written notice to Contractor. Upon receipt of any notice of termination, P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. M MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA P. O. Box 1504, 78-495 Calle Tampico La Quinta, California 92247 Attention: Doug Evans To Contractor: Carl Walker, Inc. 950 West Elliot Road, Suite 116 Tempe, AZ 85284 Attention: Matthew Q. Inman 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 1 - P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE GREEK, City Clerk APPROVED AS TO FORM: CITY OF LA QUINTA, a California municipal corporation ME M. KATHERINE JENSON, City Attorney Dated: THOMAS P. GENOVESE, City Manager "CITY" CARL WALKER, INC. Name: Title: "CONTRACTOR" P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf EXHIBIT "A" SCOPE OF SERVICES [To Be Attached] m P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf SCHEDULE OF COMPENSATION Compensation shall be either one lump sum at the completion of the contract, or billed on a monthly basis with payment to be received within 30 days of receipt by the City. P:\Reports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf EXHIBIT "C" SCHEDULE OF PERFORMANCE All work shall be performed in accordance with the Scope of Services and Professional Services Contract with the work to be completed by April 1, 2006. PAReports - CC\2005\12-20-05\Village Parking Strategy\RFP Contract Carl Walker.rtf ATTACHMENT #2 Parking �io11�CE3r Planning Engineering Restoration City of La Quinta — Village Commercial District Parking Strategy Development Scope of Services PHASE ONE Task 1 Review of Background Data and Definition of Parking Issues .\. Carl Walker will... a. Upon authorization to proceed, Carl Walkerwill submit an initial "request for information" (RFI). This will allow us to get familiar with area issues, existing facilities, utilization and other characteristics, prior to our first visit to the study area. b. Review the scope of services with representatives of the City and any designated stakeholders, to clarify study objectives, confirm the study area(s), define parking analysis zones, review and update the work plan and schedule and identify project milestones. We will review the study area with appropriate representatives to develop a first-hand understanding of the parking system and the City's and business area's concerns. Review any pertinent studies/reports concerning the study area, including any previous parking inventories, parking demand studies, traffic flow analyses and proposals for any new parking facilities made during previous planning efforts. Carl Walkerwill also review current parking ordinances and any parking policies and procedures. d. While reviewing background materials, Carl Walkerwill identify major issues impacting parking and identify information that will need to be updated. Task 2 — Conduct Parking Occupancy and "I'urnover Surveys ,y. Carl Walker will... a. Fleet with representatives of the City to identify existing conditions and confirm/document the existing parking inventory. b. Review and evaluate development plans and other parking demand variables. This will include identification of potential new sources of parking demand and supply that may impact park-ing operations. c. Identify and review available statistical data on land uses and parking utilization. Carl Walker, Inc. 950 West Elliot Road, Suite 116 Tempe, AZ 85284 Phone (480) 505-0088 Fax (480) 505-0090 lllanra a C:harlunc • (:hicu r> • llalLrs ♦ llcu�cr • In innapulis • l�alarn;u<w • Philaclelphie ♦ Phocnit ♦ Tampa w �cw.canc��llhcr.0 rm marl ------- VVc"11iCef"` i Parking Punning Engineering Realwauen Cite of La Quinta - Village Commercial District Parking Strategy Development Scope of Services Page 2 of G Meet with representatives of [lie City° to clarify the nature of parking activity associated with various user groups and facility utilization. B. Carl Walker 'Pill -- a. Complete an inventory of existing parking in the study area. Parking will be categorized based on location (on -street vs. off-street) and the type of parking provided (e.g. public parking, monthly parking, private parking, etc.) b. Determine the existing peak parking occupancy period(s). Parking occupancy counts will be completed at 8:00 a.m., 10:00 a.m., 12:00 p.m., 2:00 p.m., 4:00 p.m., 6:00 p.m. and 8:00 p.m. on one typical peal: weekdav, typically a �F- ednesday or "Thursday, and one Saturday. �A11 ou-street and off-street parking spaces will be included in the survey. ,fin additional weekday could be held for additional counts if it is determined that the recounting of any area(s) is required. c. Observe vehicle and pedestrian circulation patterns during the parking occupancy portion of the study. d. ,ks parking demand can vary throughout the year, parking occupancy counts will be adjusted to better reflect typical parking conditions (if necessary). Carl Walkerwill work with City staff to determine appropriate seasonal adjustment factors and strategies. c. Determine parking surpluses and deficits by location and zone. C. Carl Walker n ill... a. Provide a prclinuriary current parking supply and demand report after the parking occupancy and duration turnover surveys have been completed. PHASE TWO Task 1 — Public Outreach ,. Carl Walker will... a. Work with City representatives and designated community stakeholders to be included in the outreach process. :y preliminary general public meeting would also be planned during this phase. To aid in project communications a project logo will be developed and used in all project related correspondence. b. Coordinate meetings interviews with primary stakeholders. The interviews will be conducted to gun stakeholder perspectives concerning parking in the study area. 1 '3 C:.a ri (,M- of La QUinta - Village Commercial District Parking w4alIkIlle—f" Parking Strategy Development Plunnmg Engin�onng ficstoration Scope of Services Page 3 of 6 Stakeholders could include downtown business associations, individual business owners, City staff, City commissions/organizations, etc. c. Items to be covered could include (but are not limited to): parking supply/demand, parking system operations/management (e.g. paring enforcement, permits, etc.), ADA accessibility, on -street and off-street concerns, study area employee parking, parking validation programs, neighborhood issues/concerns, residential parking, parking pricing issues, etc. d. Ideally, interviews would be conducted through focus groups (groups of specific stakeholders at one time). 1 lowever, they could be conducted through numerous small interview sessions (non -focused) or larger group functions. c. Input will be solicited from stakeholders to help define opportunities and constraints. A survey will be provided during the interview process that would allow participants to help prioritize study area parking needs/issues. Task 2 —Alternatives Analysis A. Carl Walker will... a. Based on the initial review of current parking conditions in the study area, and the information provided during the initial stakeholder input session(s), Carl Walkerwill conduct an analysis of downtown paring supply, management and operations alternatives. The analysis will provide options and recommendations to improve parking operations and management, as well as meet current and projected parking needs. b. Determine future parkng demand by collecung and analyzing data as follows: i. The City will provide information regarding future development plans in the study area, including projected employment data, projected use and location of proposed future buildings, development of new programs and ipated loss of existing parking spaces. any antic ii. Comment on future parking demand based on the site specific parking ratios determined by the field survev and/or industry standards. iii. Compare the future parking supply with the projected future demand for the land uses within the study area to determine the impact that projected development will have on parking conditions. iv. Determine future parking surpluses or deficits on a zoned basis within the study area. 1 U1 pm � City of I,a Quinta - Village Commercial District Parking %M." IiCer" Parking Strategy- Development t'innnmp Engin�onn� 19os1otalion Scope of Servlcc-s Page 4 of G c. Develop options for addressing current and projected parking demands, based on observed and projected parking occupancy. i. Review and evaluate options to improve the efficiency of existing parking supplies and provide recommendations to improve the utilization of existing parking supplies. ii. Analvze options to improve parking utilization and turnover. Provide the pros and cons of the different approaches. iii. Provide recommendations to better manage existing parking inventories and improve current operations. iv. Provide recommendations for future parking facility changes/additions. Identify locations for additional parking supplies including on -street, off- street lots and possible parking structures. Develop preliminary conceptual designs for any recomtnendcd parking structures. Designs will include space counts, vehicular circulation and parking space geometries. Also, develop estimated costs for all parking facility additions. d. Provide a parking demand projection model based on the Shared Parking Model developed by the Urban land Institute. 'Phis spreadsheet model will allow the City to project parking demands for typical land uses on a shared parking basis. The results generated by the model will assist in planning future parking needs and facilities (e.g. size, locations, user groups, etc.) Provide additional operational and management related options and recommendations that other similar cities have successfully used to improve downtown parking. After reviewing many different downtown parking environments, Carl Walkerhas developed a review approach that uses the twenty characteristics of successful parking systems and will apply these characteristics to the Village Commercial District. i. Review existing parking directional signage and provide recommendations for improvement. ii. Provide recommendations on potential parking technology improvements. iii. Provide recommendations to improvevchicle and pedestrian circulation. Review the City's existing off-street parking requirements/ordinances, and provide recommendations for improving/updating them. 1100 C,-:z_ ri Parking VVo11�CE r Punning Enginaming Husturagun City of La ( )uinta - Village Commercial District Parking Strategy Development Scope of Services Page 5 of G g. Develop short-term acid long --term recommended parking s},stcnn improvements and recommend an improvement implementation program. B. Carl Walker will... a. Draft a report of findings for Phase Two. Present the report first to the City, and then to designated stakeholders and the general public for additional input and guidance. PHASE THREE Task 1 — Completion of Final Report A. Carl Walker will... a. Incorporate the input received at the end of each of the previous two phases into the final report (covering the entire parking study). 1 b. Provide a copy of the final draft of the report to the Cite for final review. c. Incorporate and- final comments and complete the final report. d. Present the final report to the City and designated stakeholders. INSURANCE Carl Walkerwill provide the fnsura nce coverage noted on our Certificate of Insurance (attached). Carl Parking VV.MikCGt" Planning tngin —og PROPOSED FEES (-M} of La Ouinta - Village Commercial District Parking Strategy Development Scope of Services l)age 6 of 6 We propose to provide the consulting Services described in tliis proposal for a total tired fee no[ to exceed $32,700, plus authorized reimbursable expenses not to exceed $6,100. Reimbursable expenses include itemS Such as telephone, airfare, meals, photographs, postage, hotels, rental cars, etc. The project will be billed monthly based upon the percentage of project completion. A breakdown of project costs for each major wort, item is detailed below: • Phase One o Review of Background Data and Definition of Parking Issues ■ Fec: $3,500 ■ Anticipated Staff hours: 24 hours ■ Includes one site visit tor hick -off meeting (one day°), two people o Parking OccupancySurveys ■ Fee: $12,400 ■ Anticipated staff hours: 90 hours ■ Includes one Site visit for survevs (tour days), three people • Phase Two o Public Outreach ■ lee: $3,300 ■ Anticipated Staff hours: 23 hours ■ Includes one site visit for input Scssion(S) (one day), two people o Alternatives analysis ■ ],'cc: $9,000 ■ Aliticipatcd Staff hours: 65 hours ■ I11cIUdCS one Site visit for report presentation (two days), two people • Phase Three o Final Report ■ lee: 54,500 ■ Anticipated Staff hours: 34 hours ■ IncludeS one site visit for final presentation (one day), two people ��n mi/11 ! ai111li111 IN1111/l 11 in 1 11111�1 111i1 t11111 111k111111111 1111 COUNCIL/RDA MEETING DATE: November 15, 2005 ITEM TITLE: Approval of a Contract Services Agreement Between the City of La Quinta and Impact Sciences to Prepare the SilverRock Resort Specific Plan and Addendum to the Final Mitigated Negative Declaration for The Ranch for the SilverRock Resort Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: r CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a Contract Services Agreement with Impact Sciences in an amount not to exceed $60,255 for consulting services for an Addendum to the Final Mitigated Negative Declaration for The Ranch (SCH No. 1999081020) and Planning Services related to the SilverRock Resort Specific Plan. FISCAL IMPLICATIONS: Staff has negotiated a contract with Impact Sciences for an amount not to exceed $60,255 to prepare the necessary documents for the SilverRock Resort project. Funds for the proposed work will be provided by DDC Desert Development, Inc. The Scope of Services is provided as an attachment to the Contract. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Impact Sciences was contracted by the City to prepare the original environmental documentation for the SilverRock project. Staff has again contacted with Impact Sciences to prepare a Scope of Work for the Final Mitigated Negative Declaration for The Ranch and a Specific Plan with related documents. (Note: "The Ranch" was the name of the previous KSL sponsored Specific Plan.) Impact Sciences has extensive knowledge of the site, project and environmental issues. Based upon this and past performance, staff negotiated exclusively with Impact Sciences to prepare the Scope of Work. The Contract (Attachment 1) provides for the preparation of the Addendum to the adopted Mitigated Negative Declaration, including a traffic study update and water supply assessment. The Specific Plan will provide a project concept, programs and guidelines for development. In addition, the Scope of Services includes meeting and consultation time, public hearings and associated preparation, exhibit preparation, final environmental and Specific Plan documents, and any other miscellaneous printing. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the City Manager to sign a Professional Services Contract with Impact Sciences in an amount not to exceed $60,255 for consulting services for an Addendum to the Final Mitigated Negative Declaration for The Ranch (SCH No. 1999081020) and Planning Services related to the SilverRock Resort Specific Plan; or 2. Do not authorize the City Manager to sign a Professional Services Contract with Impact Sciences in an amount not to exceed $60,255 for consulting services for an Addendum to the Final Mitigated Negative Declaration for The Ranch (SCH No. 1999081020) and Planning Services related to the SilverRock Resort Specific Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas vans Community Development Director Approved for submission by: Thomas P. Genovese City Manager Attachment: 1 . Contract for Services ATTACHMENT 1 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and IMPACT SCIENCES, INCORPORATED (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to Environmental Documentation and Specific Plan preparation and finalization for the project known as "Th e Ranch" proposed for 550 acres located south of Avenue 52, west of Jefferson Street and north of Avenue 54, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, Impact Sciences The Ranch EIR Addendum & Specific Plan papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5 %) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Sixty Thousand Two Hundred and Fifty-five no/100 dollars ($60,255) (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "C"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (loth) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. ('.nntr-Imnart SrionrP - Tha Rnnrh AddPnriiim Arid—ditm Impact Sciences The Ranch EIR Addendum & Specific Plan 3.0 Agreement. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Tony Locacciato it is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. (.nntr-Imnart Srianr— - Tho Ranch Aririanrl— Arlr—rliim Impact Sciences The Ranch EIR Addendum and Specific Plan 4.2 Contract Officer. The Contract Officer shall be the Community Development Director or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan $50,000 $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semitrailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty_five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract. or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION. 8.1 Non liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry.' ' Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first—class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA P. O. Box 1504 78-495 Calle Tampico La Quinta, California 92247 Attention: Doug Evans To Contractor: Impact Sciences, Inc. 30343 Canwood Street, Suite 210 Agoura Hills, California 91301 Attention: Tony Locacciato 9.2 Integ_rated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan Dated: ATTEST: JUNE GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: CITY OF LA QUINTA, a California municipal corporation M. THOMAS P. GENOVESE, City Manager "CITY" IMPACT SCIENCES, INC. C Name: Title: "CONTRACTOR" Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan EXHIBIT "A" SCOPE OF SERVICES [To Be Attached] Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan EXHIBIT "B" SCHEDULE OF COMPENSATION [To Be Attached] Contr-Impact Sciences - The Ranch Addendum Addendum Impact Sciences The Ranch EIR Addendum and Specific Plan EXHIBIT "C" SCHEDULE OF PERFORMANCE [To Be Attached] Contr-Impact Sciences - The Ranch Addendum Addendum IMPACT SCIENCES 8h 3 Camarillo Sln 11g,; Road, Suitt!:1 Camarillo, California 93012 1'c!lcph0nc i8(6 43 -1900 FAX �03; =43'7 1901 ti ww.impactscienceicoln November 29, 2005 City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92253-1504 Attention: Mr. Doug Evans, Community Development Director SUBJECT: Proposal to Prepare the SilverRock Resort Specific Plan and an Addendum to the Final Mitigated Negative Declaration for The Ranch (SCH No. 1999081020) for the SilverRock Resort Project Dear Mr. Evans, On behalf of Impact Sciences, I am pleased to present this proposal to prepare the SilverRock Resort Specific Plan and an Addendum to the Final Mitigated Negative Declaration (MND) prepared by Impact Sciences for The Ranch project to serve as the environmental review document for SilverRock Resort project as currently proposed. Impact Sciences is familiar with the City's General Plan and development review process and has the in-house document production capabilities to produce the Specific Plan document in a time and cost-efficient manner. We plan to coordinate closely with key City staff and the project planning and design team to develop the Specific Plan document based on the Table of Contents and approach described in this proposal. Impact Sciences is also uniquely qualified to prepare this Addendum for the City of La Quinta given our long involvement with the City's planning process for this area. Our understanding and experience with the planning and environmental review of major land planning projects will allow us to prepare this Addendum in a time and cost efficient manner. To support meeting all currently applicable CEQA requirements, this proposal also provides for the preparation of a Water Supply Assessment for the project. To meet the needs for traffic analysis of the SilverRock project, we have worked closely with Urban Crossroads to develop a suitable approach for updating the previous traffic studies completed for projects proposed on this site. Urban Crossroads is included as a sub -consultant to Impact Sciences in this proposal. A scope of work, budget and schedule are attached to this letter. Mr. Doug Evans November 16, 2005 Page 2 Please contact me by phone at (805) 437-1900-1100 or e-mail at tone l@�iIIWncl. ciclzces.coirr with any questions or suggestions related to this proposal. Thank you for this opportunity to continue working with the City of La Quinta team on the SilverRock Resort project. Very truly yours, IMPACT SCIENCES, INC. Tony Locacciato, AICP Principal I 0 Impact Sciences, Inc. Scope of Services Preparation of the SilverRock Specific Plan and an Addendum to The Ranch Mitigated Negative Declaration November 29, 2005 PROJECT UNDERSTANDING AND APPROACH The City of La Quinta adopted a Mitigated Negative Declaration (MND) in 2002 for The Ranch project. At that time, the City was proposing to acquire the 525-acre site and develop it with a mixture of public golf courses and resort uses consistent with the General Plan Land Use Map Designations for the site. The City has developed one of the golf courses in the project, now known as SilverRock, and is currently reviewing a proposal to develop the resort portion of the project and a second golf course. As the lay out and intensity of resort uses being considered at this time is different than that assessed in the 2002 MND, additional environmental review is necessary. Our approach provides for the preparation of a stand-alone Addendum document that contains all information required by the CEQA Guidelines as well as sufficient information on the background and history of the project to make the Addendum an easy to understand and useful document. To ensure th a t all currently applicable requirements of the CEQA are satisfied, this proposal also provides for the preparation of a Water Supply Assessment for review and approval by the Coachella Valley Water District. TASK 1 - Prepare SilverRock Specific Plan Impact Sciences will compile and produce the Specific Plan for the SilverRock Resort Project by coordinating closely with the project planning and design team and key City staff. The Specific Plan will be organized in the same format as other recent Specific Plans adopted by the City of La Quinta. A Preliminary Table of Contents for the SilverRock Specific Plan is provided on the following page. To produce the Specific Plan in a time and cost-efficient manner Impact Sciences will expand the Table of Contents into a fully detailed outline of each section of the plan and identify information, including graphic plans and exhibits, needed from the project design team. This document will be revised to produce the Administrative Draft Specific Plan for review by the City and the project team. Preliminary Table of Contents SilverRock Specific Plan 1 Introduction 1.1 Executive Summary 1.2 Purpose and Intent 1.3 Project Regional Setting 1.4 Enabling Legislation 1.5 California Environmental Quality Act Compliance 2 Plans, Programs and Guidelines 2.1 Project Concept 2.2 Land Use 2.3 Zoning 2.4 The Master Plan of Land Use 2.5 Circulation Plan 2.6 Conservation, Open Space and Recreation Plan 2.7 Infrastructure 2.8 SilverRock Project Design Guidelines 3 Zoning and Development Regulations 3.1 Specific Plan Overlay Districts 3.2 Development Review Permits and Process 3.3 Density Transfer Provisions 3.4 Site Furnishing Regulations 3.5 Specific Plan Relationship to CEQA Compliance Documents for Subsequent Approvals 3.6 Specific Plan Amendment Procedures 4 General Plan Consistency 4.1 Land Use Element 4.2 Circulation Element 4.3 Open Space Element 4.4 Park And Recreation Element 4.5 Environmental Conservation Element 4.6 Infrastructure and Public Services Element 4.7 Environmental Hazards Element 4.8 Air Quality Element Ten (10) copies of this first draft will be provided to the City. After review and receipt of comments and revisions, Impact Sciences will produce the Draft Specific Plan for review by the Planning Commission and City Council. Twenty-five (25) copies of the Draft Specific Plan will be provided. After approval of the Specific Plan, a final Specific Plan will be prepared, reflecting any changes made during the Impact Sciences, Inc. 2 hearing and approval process. In addition to Twenty-five (25) copies of the Final Specific Plan, the following additional products will be provided to the City: • An unbound copy of reproduction originals • A copy of the Specific Plan in Adobe Acrobat Portable Document Format (PDF) • Digital copies of all Microsoft Word text files and Adobe Illustrator graphic exhibit files. TASK 2 - Prepare Draft Addendum Impact Sciences will prepare a draft Addendum for review by the City of La Quinta. Section 15164 of the CEQA Guidelines states that an Addendum to an MND may be prepared when the changes to the project, or the circumstances under which the project will occur, will not result in any new significant impacts or any substantial increase in the severity of the significant impacts identified in the previous MND. If an Addendum is prepared, it must include a brief explanation of the basis for the decision not to prepare a Supplemental or Subsequent MND that is supported by substantial evidence. The Addendum will be prepared in a format structured to provide the substantial evidence needed to demonstrate that an Addendum is the proper form of environmental document, while providing an easy to read document. The Addendum will include an Introduction section that presents a summary of CEQA requirements for environmental review of a project after an EIR has been prepared and certified and the history of the planning and environmental review of SilverRock Project and the current status of development of the project. Next, the Project Description section will describe the resort component of the project as currently proposed and highlight the changes to the project that serve as the basis for the analysis in the Addendum. The environmental analysis section will include separate subsections for each environmental topic in the addressed in the Initial Study prepared in 2002 in support of the adopted MND. A summary of the information and conclusions of the analysis in the Initial Study will be presented first for each topic. Updated information reflecting any change in circumstances will then be provided along with analysis of the proposed resort uses to determine if any significant impacts not identified in the adopted MND would result. For each topic a conclusion will be made on whether the current proposal would result in any new significant impacts or any substantial increase in the severity of the impacts previously identified. Impact Sciences, Inc. 3 .1 The mitigation measures identified in the adopted MND will also be presented along with a discussion and identification of those measures applicable to the project as currently proposed. If necessary, recommendations for project design will be provided to ensure that the environmental effects of the project, as revised, remain within the scope of the impacts identified in the original MND. This format provides the substantial evidence required by the CEQA Guidelines to support the preparation of an Addendum on a topic -by -topic basis. Impact Sciences will incorporate new and updated information provided by the City and or the developer's project team in the Addendum. To support the review of traffic impacts, Urban Crossroads will prepare an update to the previous traffic studies prepared for projects proposed on this site. To prepare this update, Urban Crossroads will field verify the study area to determine the level of roadway and intersection improvements that have occurred since the 2000 study prepared for the Ranch project. Urban Crossroads will then review the City's traffic model to determine the intensity of land uses currently assumed on this site in the City's model. An estimate of the amount of trips that will be generated by the resort uses currently proposed will then be compared to the amount of traffic assessed in the 2000 traffic study and the amount assumed in the City's traffic model. Finally, a review will be completed of the recommended improvement measures in the 2000 study. A letter report will be prepared to demonstrate that the resort uses proposed will not result in new or significantly more severe impacts than previously identified and anticipated by the City's traffic model and General Plan Circulation Element. Ten (10) copies of first draft of the Addendum will be provided for review by the City of La Quinta and the project team. Fifty (50) copies of the Public Draft Addendum will be provided along with an electronic copy of the document in Adobe Acrobat Portable Document Format (PDF). TASK 3 - Prepare Water Supply Assessment Impact Sciences will also prepare a Water Supply Assessment (WSA) for the project meeting the requirements of Section 15083.5 of the CEQA Guidelines and Section 10910 of the State Water Code. Preparation of a WSA is required for any residential project containing more than 500 units or any project containing a mix of uses that will use the same amount of water as a 500 unit residential project. This proposal assumes the project civil engineer will be able to provide a water demand estimate for the project, which will be incorporated into the WSA. Impact Sciences will prepare a draft WSA for review by the Coachella Valley Water District (CVWD) with water supply information incorporated from the District's Coachella Valley Water Master Plan and other available published resources, Impact Sciences, Inc. 4 4 _C including the latest available Urban Water Management Plan. This proposal provides for the preparation of a draft WSA and finalizing this document in response to comments from CVWD. The Final WSA will be submitted to CWVD for approval by the CVWD Board as required by Section 15083.5 of the CEQA Guidelines, and included in the Addendum. TASK 4 - Prepare Final Addendum After review by the City, Impact Sciences will revise the Addendum in response to the comments received. Ten (10) copies of the Final Addendum will be submitted to the City of La Quinta along with a copy of the Final Addendum in Adobe Acrobat Portable Document Format (PDF). TASK 5 — Attend Project Meetings The Impact Sciences Principal managing this work will attend up to five (5) project meetings and/or public hearings at the City of La Quinta. Impact Sciences, [nc, 5.� COST PROPOSAL AND STAFFING PLAN SilverRock Resort Specific Plan and Addendum Impact Sciences, Inc. November 29, 2005 STAFF Project Graphic CATEGORY Principal I Planner Artist BILLING RATE $200 $100 $85 TASK 1: PREPARE SPECIFIC PLAN Prepare Administrative Draft Specific Plan 16 Prepare Draft Specific Plan 8 Prepare Final Specific Plan 4 SUBTOTAL $5,600 TASK 2: PREPARE DRAFT ADDENDUM 8 TASK 3: PREPARE WATER SUPPLY ASSESSMENT Prepare Draft Water Supply Assessment for CVWD Review 6 Prepare Final Water Supply Assessment 2 SUBTOTAL $1,600 TASK 4: PREPARE FINAL ADDENDUM 6 TASK 5: ATTEND FIVE (5) PROJECT OR PUBLIC MEETINGS 28 SUB -CONSULTANTS Urban Crossroads - Traffic Study Update SUBTOTAL DIRECT COSTS Reproduction 60 copies of Specific Plan 0 $65 per copy 70 copies of the Addendum C, $25 per copy Deliveries, Mail & Mileage Allowance SUBTOTAL TOTAL BUDGET TOTAI. Editor $85 40 24 28 $11,620 16 8 12 $4,900 8 4 8 $2,620 $5,600 1 $2,720 1 $3,400 $17,320 65 1 8 1 8 1 $9,460 36 4 4 $5,480 12 1 4 $2,025 $4,800 1 $425 $680 $7,505 $8,800 $8,800 $4.000 $1,750 $1,200 $6,950 Specific Impact Sciences, Inc. Schedule Preparation of the SilverRock Specific Plan and an Addendum to The Ranch Mitigated Negative Declaration November 29, 2005 Impact Sciences, Inc. and Urban Crossroads are prepared to start work immediately upon receiving notice to proceed from the City of La Quinta. Urban Crossroads will complete the traffic study update within two weeks and Impact Sciences will prepare the Administrative Draft Specific Plan and Addendum for review within four weeks of starting work. The Draft Water Supply Assessment (WSA) will be prepared within two weeks of receiving a water demand estimate for the project to facilitate submittal of the Draft WSA to CVWD for review. Following review by the City and project team, Impact Sciences will revise these documents and prepare the Draft Specific Plan and Final Addendum two weeks after receiving comments on the Addendum from the City. The Final WSA will be prepared within one week of receiving comments from CVWD and resubmitted for approval by the CVWD Board. The Final Specific Plan will be prepared and delivered to the City within two weeks after approval of the Specific Plan by the City Council. 5 >f COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Transmittal of Single Audit Report on Federal Assistance Program as of June 30, 2005. RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: (•.gym BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:_ STUDY SESSION: PUBLIC HEARING: Agencies that receive federal funds are required to have an audit performed in accordance with Office of Management and Budget (OMB) Circular A-128. The Single Audit Report (Attachment 1) noted that no matters involving the internal control structure and operation of the City of La Quinta were considered to be a material weakness (e.g., noncompliance with laws and regulations). Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Single Audit Report on Federal Awards Year Ended June 30, 2005 2 ATTACHMENT 1 CITY OF LA QUINTA La Quinta, California Single Audit Report on Federal Awards Year ended June 30, 2005 110 3 CITY OF LA QUINTA Single Audit Report on Federal Awards Year ended June 30, 2005 TABLE OF CONTENTS Page Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Report on Compliance with Requirements Applicable to Each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A-133 3 Schedule of Expenditures of Federal Awards D Notes to the Schedule of Expenditures of Federal Awards 6 Schedule of Findings and Questioned Costs Summary Schedule of Prior Audit Findings 9 0 CONRAD,ND ASSOCIATES, L.L.P. Honorable Mayor and City Council City of La Quinta, California CERTIFIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUEFE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS We have audited the financial statements of the City of La Quinta, California as of and for the year ended June 30, 2005, and have issued our report thereon dated August 18, 2005. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of La Quinta, California's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. However, we noted other matters involving compliance or other matters that we have reported to the management of the City of La Quinta in a separate letter dated August 18, 2005. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of La Quinta, California's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by MEMBERS OF AICPA AND CALIFORNIA SOJIETY OF CERTIFIED PUBLIC ACCOUNTANTS rJ MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Mayor and City Council City of La Quinta Page Two employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. However, we noted other matters involving the internal control over financial reporting that we have reported to the management of the City of La Quinta in a separate letter dated August 18, 2005. This report is intended solely for the information of management, federal awarding agencies and pass -through entities and is not intended to be and should not be used by anyone other than these specified parties. nt d Cycc� 3� e{a Zt_ Z . Z August 18, 2005 III 2 6 CONRADAND ASSOCIATES, L.L.F' Honorable Mayor and City Council City of La Quinta, California CERTIFIED PUBLIC ACCOUNTANTS 2301 DUPONT DRIVE, SUITE 200 IRVINE, CALIFORNIA 92612 (949) 474-2020 Fax (949) 263-5520 REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM, INTERNAL CONTROL OVER COMPLIANCE AND ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS IN ACCORDANCE WITH OMB CIRCULAR A-133 Compliance We have audited the compliance of the City of La Quinta, California with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended June 30, 2005. The City of La Quinta's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the City of La Quinta's management. Our responsibility is to express an opinion on the City of La Quinta's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City of La Quinta's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the City of La Quinta's compliance with those requirements. In our opinion, the City of La Quinta, California complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 2005. 11 it MEMBERS OF AICP.A AND CALIFORNIA SOLTY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ,ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Mayor and City Council City of La Quinta Page Two Internal Control Over Compliance The management of the City of La Quinta is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the City of La Quinta's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. Schedule of Expenditures of Federal Awards We have audited the basic financial statements of the City of La Quinta as of and for the year ended June 30, 2005, and have issued our report thereon dated August 18, 2005. Our audit was performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. This report is intended solely for the information of management, federal awarding agencies and pass -through entities and is not intended to be and should not be used by anyone other than these specified parties. r Al � �f'7 >D 11 4 i Z , Z , ` August 18, 2005 4 8 CITY OF LA QUINTA Schedule of Expenditures of Federal Awards Year ended June 30, 2005 Catalog of Federal Domestic Assistance Funding Agency/Program Name Number Department of Transportation: Pass -through from the Coachella Valley Association of Governments: Highway Planning and Construction 20.205 Total Department of Transportation Department of Housing and Urban Development: Pass -through County of Riverside Economic Development Agency: Community Development Block Grant 14.218 Total Department of Housing and Urban Development Total Federal Awards * Major Program N/A - Not Available Grant Pass -through Number Grantor's Number 08-924419 CML 6164 (009) B-04-UC-U6-0506 N/A See accompanying notes to the schedule of expenditures of federal awards. Program Expenditures $419,323* 419,323 197,239 197,239 - S�616562 116 5 9 CITY OF LA QUINTA Notes to the Schedule of Expenditures of Federal Awards Year ended June 30, 2005 (1) Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of Federal Awards (a) Scope of Presentation The accompanying schedule presents only the expenditures incurred by the City of La Quinta that are reimbursable under federal programs of federal awards. For the purposes of this schedule, federal awards include both federal awards received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying schedule. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying schedule. (b) Basis of Accounting The expenditures included in the accompanying schedule were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported include any property or equipment acquisitions incurred under the federal program. (c) Subrecipients The City of La Quinta incurred $30,000 of Community Development Block Grant (CFDA No. 14.218) expenditures that was paid to I subrecipient. 6 10 CITY OF LA QUINTA Schedule of Findings and Questioned Costs Year ended June 30, 2005 (A) Summary of Auditors' Results 1. An unqualified report was issued by the auditors on the financial statements of the auditee. 2. There were no material weaknesses in internal control nor were there any reportable conditions. 3. The audit disclosed no noncompliance which is material to the financial statements of the auditee. 4. There were no material weaknesses or other reportable conditions in internal control over major programs of the auditee. 5. An unqualified report was issued by the auditors on compliance for major programs. 6. The audit disclosed no audit findings which the auditor is required to report under paragraph .510(a) of OMB Circular A-133. 7. The major program of the auditee was: • CFDA 20.205 Department of Transportation — Highway Planning and Construction 8. The dollar threshold used to distinguish Type A and Type B programs was $300,000. 9. The auditee was considered a low risk auditee for the year ended June 30, 2005 for purposes of major program determination. 18 � 11 CITY OF LA QUINTA Schedule of Findings and Questioned Costs (Continued) (B) Findings Related to the Financial Statements which are Required to be Reported in Accordance with GAGAS There are no auditors' findings required to be reported in accordance with GAGAS. (C) Findings and Questioned Costs for Federal Awards as Defined in Paragraph .510(a) at OMB Circular A-133 There are no auditors' findings required to be reported in accordance with paragraph .510(a) of OMB Circular A-133. 12 CITY OF LA QUINTA Summary Schedule of Prior Audit Findings Year ended June 30, 2005 There was no single audit report issued for the year ended June 30, 2004. 1`0 13 �a�u�4'•c v � � FM 4 X4P Q"Otrg�j OF �O AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 2 0, 2 0 0 5 BUSINESS SESSION: ITEM TITLE: Approval of the Declaration of Surplus -. CONSENT CALENDAR: Property STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and if unsold to discard of the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in the Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal; or Provide staff with alternative direction. Respectfully submitted, L _ - ohn .M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Declaration of Surplus Property 1►n , . Ot- 2 ATTACHMENT C E W N _O Q i cn M � m M co 00 N I� N ci (1) E E E Z > O N O cn a) OC N D -0 cmN co-0 O > > > C O O C C C C O � 'O ` E C C C fo �C ` �L �C �p a) E i C C C` C m C O �C a) O O O O-� O ,C Y O O C 0 0 o ° ° � ° ° co Q m (� z E Q) co a) a) a) Z Z O O O It O n CD 00 N 00 — m C`) O N 00 Cfl N C'M LMC) OD O Y N Y N Y (D Y It Z 00 Cfl (D Cfl 00 (,) r- N -i Cfl d It dt Cfl M M = c- Y p Q I CO Y p N O co Cfl (o (c) 00 O p p p p O W Tt M M M M Lp c— N O M EL p p p p Z Z 0 �-. m N N O O °C E E E E E E E N O N O O V O o 0 0 o O o M cn cn cn U) W U U U U U U U Cfl Cfl Cfl J O M (D M O M O O O M O M M O W t LO O ' , N Cfl r- r O LO Ln rl O O = = = _ = _ a) a) a) = o_ d CL a. CL a_ CL a) a) a) CL U U U C) U U O C C C C Q. 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(D F- G. U C/) v cn W 0 T �� j COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM► TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31798, Watermark Villas, Watermark Granite La Quinta, LLC RECOMMENDATION: P AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: S'1'l!DY 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. 31798, Watermark Villas, Watermark Granite La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31798 is located north of Avenue 52 and west of Jefferson Street (Attachment 1 ). This residential development will consist of 2 numbered lots on approximately 21 .07 acres (Attachment 2). On January 6, 2004, the City Council approved Tentative Tract Map No. 31798. 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. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 19, 2006), 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. 31798, Watermark Villas, Watermark Granite La Quinta, 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. 31798, Watermark Villas, Watermark Granite La Quinta, LLC; or 3. Provide staff with alternative direction Respectfully submitted, Timothy R. Jonasson, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 RESOLUTION NO. 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. 31798, WATERMARK VILLAS, WATERMARK GRANITE LA QUINTA, 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. 1;-0 3 Resolution No. 2005- Tract Map No. 31798, Watermark Villas Adopted: December 20, 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 Tract Map 31798 is conditionally approved provided the subdivider submits all required items on or before January 19, 2006. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on January 19, 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. 4 Resolution No. 2005- Tract Map No. 31798, Watermark Villas Adopted: December 20, 2005 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of December, 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 TRACT NO. 31798 ATTACHMENT VICINITY MAP NOT TO SCALE It VICINITY,dwq 10/12/2004 322:04 PM PDT IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 31798 BEING A SUBDIVISION OF LOT 47 OF TRACT MAP NO. 24889 AS FILED IN BOOK 210, AT PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN FOMOTOR ENGINEERING FOR CONDOMINIUM PURPOSES APRIL 2004 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO PUBLIC USE FOR STREET AND PUBLIC UTILITY PURPOSES LOTS "A" AND B" (AVENUE 52). AS A CONDITION OF DEDICATION OF LOTS "A" AND "B", THE OWNERS OF LOT "C" ABUTTING THIS HIGHWAY AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL. ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS CONDITION OF ACCESS RIGHTS AS TO THE PART VACATED. WE HEREBY DEDICATE ABUTTERS RIGHTS OF ACCESS ALONG JEFFERSON STREET AND AVENUE 52 TO THE PUBLIC. THE OWNERS OF LOT C ABUTTING THIS HIGHWAY AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL; ALSO EXCEPTING A 30.65 FOOT OPENING FOR LOT C ON JEFFERSON STREET AS SHOWN HEREON; ALSO EXCEPTING A 77.58 FOOT OPENING ALONG AVENUE 52 FOR LOT C AS SHOWN HEREON. ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS DEDICATION AS TO THE PART VACATED. WE HEREBY DEDICATE TO PUBLIC USE, THE EASEMENTS SHOWN HEREON WITHIN THE AREAS SHOWN AS "PSE" (PRIVATE STREET EASEMENT), "7' PUE'. AND "TO' RUE', FOR PUBLIC UTILITIES WITH RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES AND PERSONNEL. WE HEREBY DEDICATE TO PUBLIC USE, AN EASEMENT OVER LOT "C" FOR GOLF CART PATHWAY AND PEDESTRIAN SIDEWALK PURPOSES - THERE ARE HEREBY DEDICATED TO THE COACHELLA VALLEY WATER DISTRICT, EASEMENTS WITHIN THE AREAS DESIGNATED AS "PSE" (PRIVATE STREET EASEMENT), AND THE EASEMENTS SHOWN AS "7' PUE" AND "10' PUE". FOR DOMESTIC WATER AND SANITATION PURPOSES, THE EASEMENT SHOWN AS "20' SE" FOR SANITATION PURPOSES, AND THE EASEMENT SHOWN AS "30' WE" FOR DOMESTIC WATER PURPOSES. THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL, USE AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES. AND TO REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF, AS SHOWN HEREON. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT THE EASEMENTS SHOWN HEREON AS "7' PUE" AND "10' PUE", FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACILITIES AND APPURTENANCES, WITH OPERATION, AND EMERGENCY VEHICLES. WE HEREBY RESERVE LOT "C" FOR LANDSCAPE PURPOSES FOR THE SOLE BENEFIT OF OURSELVES. OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP. WE HEREBY RESERVE FOR INGRESS AND EGRESS PURPOSES, THE EASEMENTS SHOWN AS "PRIVATE STREET EASEMENT" FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP. WE HEREBY RESERVE FOR DRAINAGE PURPOSES, THE EASEMENT SHOWN AS "DRAINAGE EASEMENT" FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP. WATERMARK GRANITE LA QUINTA, LUC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: INNOVATIVE RESORT COMMUNITIES, INC., A CALIFORNIA CORPORATION, RS MANAGER BY: PETER A. BILICKI, DIVISION PRESIDENT BENEFICIARIES KEYBANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, BENEFICIARY UNDER DEED OF TRUST RECORDED APRIL 15, 2005 AS INSTRUMENT NO. 2005-0298235 OF OFFICIAL RECORDS. BY: SHEILA L HANSEN ITS: VICE PRESIDENT KEY REAL ESTATE EQUITY CAPITAL, INC.. AN OHIO CORPORATION, BENEFICIARY UNDER DEED OF TRUST RECORDED APRIL 15, 2005 AS INSTRUMENT NO. 2005-0298237 OF OFFICIAL RECORDS. BY: STEPHEN H. HINKLEY ITS: MANAGING DIRECTOR CERTIFICATE OF ACCEPTANCE IMPERIAL IRRIGATION DISTRICT, AN IRRIGATION DISTRICT, HEREBY ACCEPTS THE DEDICATION OF EASEMENTS BY ORDER OF THE BOARD OF DIRECTORS OF SAID DISTRICT AS PER RESOLUTION NO. 15-90. DATED MARCH 22. 1990. AND THE GRANTEE CONSENTS TO RECORDATION. BY: BRAD LUCKEY. MANAGER OPERATIONAL RESOURCES DEPARTMENT SHEET 1 OF 5 SHEETS ATTACHMENT 2 NO, FEE LARRY W WARD, COUNTY RECORDER —ASSESSOR —CLERK BY: DEPUT" SUBDIVISION GUARANTEE: FIDELITY NATIONAL TITLE COMPANY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF S HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE. AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATED , 20_ CASH TAX BOND NANCY ROMERO PAUL MCDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY: BY: DEPUTY DEPUTY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE. WHICH ARE ESTIMATED TO BE $ DATED: . 20_ PAUL MCDONNELL COUNTY TAX COLLECTOR BY: , DEPUTY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MATt HLADEK ON FEBRUARY 25, 2004. 1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THIS MAP, AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. Ea v F� PHLLIP K. FOMOTOR Io47mo� ITS. NO. 7070 EXP. 12/31/06 DATED: 20 CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 31798 CONSISTING OF FIVE (5) SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATED: , 20 ERIC A NELSON PLS 5563 ACTING CITY SURVEYOR EXP. DATE 9/30/05 CITY ENGINEER'S STATEMENT HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 31798 CONSISTING OF FIVE (5) SHEETS; THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATION THEREOF; THAT ALL PROVISION OF THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATED: , 20_ TIMOTHY R. JONASSON, PE RCE 45843 PUBLIC WORKS DIRECTOR CITY ENGINEER EXP. DATE 12/31/06 CITY CLERK'S STATEMENT I, JUNE S. GREEK, CITY CLERK AND EX—OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _ DAY OF . 20_. APPROVED THE WITHIN MAP OF TRACT MAP NO. 31795 AND HEREBY ACCEPTS ON BEHALF OF THE PUBLIC LOTS "A" AND "B" FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES. SUBJECT TO IMPROVEMENTS, IN ACCORDANCE WITH THE CITY STANDARDS; THE OFFER OF DEDICATION OF ABUTTERS RIGHTS; THE EASEMENTS FOR PUBLIC UTILITY PURPOSES WITH RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL; AND THE EASEMENT FOR SIDEWALK PURPOSES: AS DEDICATED HEREON. DATED: , 2C JUNE S. GREEK, CITY CLERK OF THE CITY OF LA QUINTA CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION NO. 75-248, DATED SEPTEMBER 12, 1978, 1 ACCEPT ON BEHALF OF THE COACHELLA VALLEY WATER DISTRICT THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES AS OFFERED HEREON. JULIA FERNANDEZ, SECRETARY COACHELLA VALLEY WATER DISTRICT , SOILS REPORT A PRELIMINARY SOILS REPORT WAS PREPARED BY EARTH SYSTEMS SOUTHWEST, FILE N0. 117, 2003; AS REQUIRED BY THE HEALTH ANDD OCTOBER SAFETYCODE OF THOU I STATE OF OCTOBER CALIFORNIA. SEE SHEET 2 FOR SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS. 7 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 5 SHEETS TRACT NO. 31798 BEING A SUBDIVISION OF LOT 47 OF TRACT MAP NO. 24889 AS FILED IN BOOK 210, AT PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN FOMOTOR ENGINEERING FOR CONDOMINIUM PURPOSES SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 (A)3A(I-VIII) OF THE SUBDMSION MAP ACT, THE SIGNATURES OF THE FOLLOWING EASEMENT HOLDERS HAVE BEEN OMITTED: LANDMARK LAND COMPANY OF CALIFORNIA, INC., A DELAWARE CORPORATION, HOLDER OF NON-EXCLUSIVE EASEMENTS FOR THE USE AND ENJOYMENT OF, AND FOR INGRESS AND EGRESS OVER, THE INFRASTRUCTURE; AND THE RIGHT TO GRANT AND CONVEY EASEMENTS AND RIGHT-OF-WAY IN, ON OVER OR UNDER THE INFRASTRUCTURE FOR PUBLIC OR QUASI -PUBLIC IMPROVEMENTS OR FACILITIES SERVING ANY PORTION OF THE LANDMARK PROPERTY; AS RESERVED BY DEED RECORDED JANUARY 22, 1986 AS INSTRUMENT NO, 15569; AND MODIFIED BY DOCUMENT RECORDED DECEMBER 20. 1995 AS INSTRUMENT NO. 95-422634; BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. LANDMARK LAND COMPANY OF CALIFORNIA. INC., HOLDER OF AN EASEMENT FOR PEDESTRIAN AND VEHICULAR (INCLUDING, WITHOUT LIMITATION, GOLF CARTS) INGRESS, EGRESS AND RIGHTS OF ACCESS AND INCIDENTAL PURPOSES; AND AN EASEMENT FOR THE CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE AND REMOVAL OF UTILITIES, DRAINAGE. IRRIGATION, COMMUNICATION, GOLF COURSE IMPROVEMENTS AND RELATED FACILITIES AND INGRESS, EGRESS AND RIGHTS OF ACCESS THERETO AND INCIDENTAL PURPOSES; AS RESERVED HY DEED RECORDED DECEMBER 27, 1989, AS INSTRUMENT NO. 452916, AND RE -RECORDED DECEMBER 16, 1992 AS INSTRUMENT NO. 79078; BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. LANDMARK LAND COMPANY OF CALIFORNIA, INC., HOLDER OF RIGHT, TITLE OR INTEREST IN ALL WATER, MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL GEOTHERMAL ENERGY SOURCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE LAND WHICH UNDERLIES A PLAIN PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF THE LAND, AS RESERVED BY DEED RECORDED DECEMBER 27, 1989. AS INSTRUMENT NO. 452916, AND RE -RECORDED DECEMBER 16. 1992 AS INSTRUMENT NO. 7907B; BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. IMPERIAL IRRIGATION DISTRICT, ITS SUCCESSORS AND ASSIGNS. HOLDER OF A 16-FOOT EASEMENT FOR POWER LINES AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 12, 1986. AS INSTRUMENT NO. 286825 OF OFFICIAL RECORDS. SOUTHERN PACIFIC RAILROAD COMPANY, HOLDER OF AN EASEMENT FOR POLE LINES, RECORDED MARCH 23. 1912. IN BOOK 347, PAGE 127 OF DEEDS. THE UNITED STATES OF AMERICA, AND ITS SUCCESSORS AND ASSIGNS, HOLDERS OF AN EASEMENT FOR IRRIGATION PIPELINE AND INCIDENTAL PURPOSES, RECORDED AUGUST 2, 1990 AS INSTRUMENT NO. 90-285948, OF OFFICIAL RECORDS. THE UNITED STATES OF AMERICA, AND ITS SUCCESSORS AND ASSIGNS, HOLDERS OF A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES; AND ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACTURING OR OTHER PURPOSES AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER RIGHTS AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY LOCAL CUSTOMS, LAWS AND DECISIONS OF THE COURTS; IN PATENT RECORDED JULY 31. 1905, IN BOOK 3, PAGE 228 OF PATENTS. NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS: ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE: NOTARY PUBLIC IN AND FOR SAID STATE PRINTED NAME: MY COMMISSION EXPIRES: MY PRINCIPLE PLACE OF BUSINESS IS IN: COUNTY NOTARY ACKNOWLEDGMENT SATE OF CALIFORNIA APRIL 2004 EASEMENTS A RIGHT OF WAY AND EASEMENT OF THE COACHELLA VALLEY COUNTY WATER DISTRICT, IN FAVOR OF THE PUBLIC, FOR ALL PUBLIC ROADS, AND RIGHTS OF WAY HERETOFORE DEDICATED, ACQUIRED, RESERVED ACCEPTED FOR PUBLIC USE AND ALSO ANY AND ALL PRIVATE EASEMENTS AND RIGHTS OF WAY FOR ROAD, PIPELINES. DITCHES AND CONDUITS ON, OVER, UNDER OR ACROSS THE HEREIN DESCRIBED PROPERTY, EXISTING FOR THE PURPOSES OF INGRESS AND EGRESS FROM OTHER LANDS BY MEANS OF SUCH ROADS AND FOR THE PURPOSE OF CONVEYING IRRIGATION AND DOMESTIC WATER TO SUCH OTHER LANDS BY MEANS OF SUCH PIPELINES, DITCHES AND CONDUITS. (NOT PLOTTABLE FROM RECORD INFORMATION) SUBJECT TO ANY VESTED AND ACCURED WATER RIGHTS FOR MINING, AGRICULTURAL. MANUFACTURING OR OTHER PURPOSES, AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER RIGHTS AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY THE LOCAL CUSTOMS, LAWS AND ECISIONS OF COURTS. AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES IN DOCUMENT RECORDED JULY 31. 1905 IN BOOK 3, PAGE 228 OF PATENTS. (BLANKET IN NATURE) AN EASEMENT FOR POLE LINES IN FAVOR OF SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED MARCH 23. 1912 IN BOOK 347, PAGE 127, OF DEEDS. (NOT PLOTTABLE FROM RECORD INFORMATION) NON-EXCLUSIVE EASEMENTS FOR THE USE AND ENJOYMENT OF, AND FOR INGRESS AND EGRESS IIRRERIGHT TO UTFCONVEY EENTS AND RGHTEOFTWAYN, ON OVER OR UNDER THE INFRASTRUCTURECUREOR PUBLIC OR QUASI -PUBLIC IMPROVEMENTS OR FACILITIES SERVING ANY PORTION OF THE LANDMARK PROPERTY; IN FAVOR OF LANDMARK LAND COMPANY OF CALIFORNV. INC.. A DELAWARE CORPORATION, AS RESERVED BY DEED RECORDED JANUARY 22, 1986 AS INSTRUMENT NO. 15569 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (NOT PLOTTABLE FROM RECORD INFORMATION) ILAN IRRIGATIONNT FOR POWER DISTRICT. RECORDED LINES NO AND M ER 12, 1986, SSNST INSTRUMENT FAVOR NO. 286825 OF OFFICIAL RECORDS. LANDMARK LAND COMPANY OF CALIFORNIA, INC., HOLDER OF AN EASEMENT FOR PEDESTRIAN AND VEHICULAR (INCLUDING, WITHOUT LIMITATION, GOLF CARTS) INGRESS, EGRESS AND RIGHTS OF ACCESS AND INCIDENTAL PURPOSES, OVER THOSE PORTIONS OF THE LAND UPON WHICH ARE NOW OR HEREAFTER LOCATED STREETS, ROADS, DRIVEWAYS, PATHS AND PARKING AREAS, RECORDED DECEMBER 27. 1989 AS INSTRUMENT NO. 452916 OF OFFICIAL RECORDS. (BLANKET IN NATURE) LANDMARK LAND COMPANY OF CALIFORNIA, INC., HOLDER OF AN EASEMENT FOR THE IRRIGATION. COMMUNICATION, GOLF REMOVALTION, REPAIR, MAINTENANCE AND UTILITIES, COURSE IMPROVEMENTS ANDRELATED F CIILITI S ANGE. D INGRESS. EGRESS AND RIGHTS OF ACCESS THERETO AND INCIDENTAL PURPOSES. RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 452916 OF OFFICIAL RECORDS. (BLANKET IN NATURE) AAEASEMENT FOR IRRIGATION PIPELINE AND INCIDENTAL PURPOSES, IN FAVOR OF THE NUNITED STATES OF AMERICA. RECORDED AUGUST 2, 1990 AS INSTRUMENT NO. 90-285948, OF OFFICIAL RECORDS. AN EASEMENT FOR PUBLIC CITY OF LA QUIN A, RECORDED JULY UTILITIES145 OOOTAS TEMPORARY CONSTRUCTION, IN FAVOR F INSTRUMENT NO. 2 00-2738477, OFOFFICIAL RECORDS. COUNTY OF J SS: ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE: NOTARY PUBLIC IN AND FOR SAID NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS: ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE N ACKNOWLEDGED TO ME WHOSE SHAT HES/SHE/ HEY EXECWITHIN INSTRUMENT AND EXECUTED THE SAME INHIS/HER/THEIR AUTHORIZED PERSON(S) OR THIESENTITY U WHICH H N BEHALF HIS/HER/THEIR WHH THE PERSON(S)ACTED, E INSTRUMENT THED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE: NOTARY PUBLIC IN AND FOR SAID STATE PRINTED NAME: MY COMMISSION EXPIRES MY PRINCIPLE PLACE OF BUSINESS IS IN: COUNTY NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS: ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) ACKNOWLEDGED TO ME WHOSE SHAT HE(/SHE/THEY EXECUTED WITHINS) IS/ARE SUBSCRIBED TO THE INSTRUMENT AND UTED THE SAME IN HIS/HER/THEIR AUTHORIZED PERSON(S)POR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED INSTRUMENT). AMD THAT 13Y HIS/HER/THEIR SIGNATURE(S) ON THE THE THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE: NOTARY PUBLIC IN AND FOR SAID STATE PRINTED NAME: MY COMMISSION EXPIRES: MY PRINCIPLE PLACE OF BUSINESS IS IN: COUNTY PRINTED NAME: vvvLyy� QQ MY COMMISSION EXPIRES: 'l MY PRINCIPLE PLACE OF BUSINESS IS IN: COUNTY 9 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 5 SHELlb TRACT NO. 31798 BEING A SUBDIVISION OF LOT 47 OF TRACT MAP NO. 24889 AS FILED IN BOOK 210, AT PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN FOMOTOR ENGINEERING SURVEYOR'S NOTES • INDICATES FOUND MONUMENT AS NOTED 0 INDICATES SET 3/4 I.D. GALVANIZED PIPE, 18" LONG, FLUSH, TAGGED LS 7070 p INDICATES SET 1 BRASS CAP, FLUSH, TAGGED LS 7070 ( ): INDICATES RECORD DATA PER TR. 24889, MB 210/38-52 INDICATES RECORD DATA PER TR. 24890-7, MB 225/18-25 [ ]: INDICATES RECORD DATA PER INST. NO. 2000-273847. RECORDED 07/14/2000, O.R. I INDICATES RESTRICTED ACCESS -M: INDICATES MEASURED DATA PER INDICATED RECORD MAP RAD: INDICATES "RADIAL BEARING" PSE: INDICATES "PRIVATE STREET EASEMENT" PUE: INDICATES "PUBLIC UTILITY EASEMENT" SE: INDICATES "SEWER EASEMENT" WE: INDICATES "WATER EASEMENT" SET NAIL AND TAG, STAMPED LS 7070. IN PERMANENT CONCRETE CURB AT THE PROLONGATION OF LOT CORNERS FRONTING ON STREETS. AT ALL REAR LOT CORNERS, ANGLE POINTS, AND THE BEGINNING AND ENDS OF CURVES, SET 3/4" I.P. FLUSH, OR LEAD &6 TAG IN CONCRETE FOOTING OR FENCING MATERIAL, STAMPED LS 7070, TOTAL ACREAGE WITHIN THE DISTINCTIVE BORDER IS 21.07 ACRES GROSS. APRIL 2004 FOR CONDOMINIUM PURPOSES BASIS OF BEARINGS BASIS OF BEARINGS IS THE CENTER LINE OF AVENUE 52 PER M.B. 210/38-52, BEING N89-51'03"E. EASEMENTS SEE SHEET 2 FOR EASEMENT NOTES. POMELO / FOUND BRASS ORK, RT RUSH, TAGLS ENB, PER S r CORNER RECORD 02-191 a SCALE 1"-100' / FOUND NOTHNG, SET N—K- ESTAEII191ED BY FROPQtT[N E 1/4 COR YC. 5 0 100 200 300 400 NUMBERED LOTS: 2 LETTERED LOTS: 3 MS 2100/30-52 % I pMU 210/39 �� -- � — 7 — —1 I T T Iui ?T,ila-�� a I -D 3o 61 62 63 8 65 as 97 _ _ _ _ _ -io— 1---�--- �,— ---- — — — — — -- — --r — ---- \r—��� �— — — +�-—�-7 13 /—, ——�� �d II I I CITRUS �� / N6954'13•E 166.31'-M 1� �� 95 _ NB954'1}'E NO354W—FRESA--- ��I � �? ( IL90'-ul /�>'�+a JOs (N89N13•E-YI � i� ��� I�I I� I �n _Als=—,4R•-- w N��r� IE II �� I tQ -NORTH LINE OF LOT 47.-- - R=&iW'-Y %O 60 $ TRACT NO. 24889, f L=61.04'-YI p MB 210/38-52 Ia s aaYi n Yl j �< // LOT 1 Ii� F- 1 �I f 19.33 ACRES W 1 I i��/ice W I= U west uNE of LOT 47, 11 Z 1 TRACT N0. 24889. MB 210/38 HOSI]'24•E O U) / I� y / — / I m 10' PUE—�} 60 PSE --_10' PBE � g't�\ Y — _ w - y 6Dm L 7-3 LOT 2 i r 0.38 ACREC, 3 _ SEE DETAIL -A• �'NA - + PRIv�iE �� i o°� GEET 4 2 77.58' ACCE 5 OPENNVG _ "� S1R[Ei_ 6 �— LOT C —_-_-_- �`N6j=-3 I N T 1.13 ACRES L} 1 I-t- It 1107.16' NL10RY73W (14ff51'03-E-Y) 123&0Y (123&13') LOT A (AVENUE 52) R _ 0.07 ACRES 72].63' W I 593.52' - i- _ --.--1321 15' (1321.22') 0 _— - (N0951'0]'E-N) 2642.30' (2612.43) - BA95 OF BEARINGS SE 1/16 CDR SEC 5 FOUND NOTHING, SET NOTH-G — - — r— — — -- — — — _ — — — t 52 OJND SEC FSE 3/4' P, ON 20'. I �_.I.--FOUND ON. 015IN LIEU OF AVENUE TAGGED LS 6298. PEA �< Q 5/9• R00 — SQUARE WASHER 5&T TAGGED lS —0. PER NB 210/M-52. RS/73/83 I Cg2NER RECORD 02-190. o ACCEPTED AS S N 1/4 CORNER, SFC`D 5 I SEE SHEET 5 I SEE SHEET 4 1-----------------------------------------------------------------------------J IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT NO. 31798 BEING A SUBDIVISION OF LOT 47 OF TRACT MAP NO. 24889 AS FILED IN BOOK 210, AT PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN FOMOTOR ENGINEERING APRIL 2004 FOR CONDOMINIUM PURPOSES o^ � g s g eLOT 1 - - - -.. 357 46' 147.16 (R=1945.00'-M) (NB951'03 E-W) 1238Rr (1718-13')-1-- 1)"=1ID' AVENUE 52 a'J3'o1' }soo' n.a3' SEE SHEET 2 FOR EASEMENTS, SEE DEIAIL'A' ce 21os' 15so' sso' SHEET 3 FOR SURVEYOR'S NOTES AND 0 e0 120 180 240 No SCALE cs 2rle'os' 14.so' s.52' BASIS OF BEARINGS. U gr) b l 62 6-3 4 3-5 66 6 / v 7R. 248DD-7— yl� �9�/1>3-2� i I i CITRUS - - ------ --- - \ 48954'13"E 39EL0Y 396.03' / / a LOT 1 �pb w,r �`.'b• L=9.tfi 19,33 ACRES7-3 190 1 7 �451.16�o Oo\ A 9 J I vay \ &7535 40• 1=15.D0' N7ayz'o!'w R=2,.' 5- 2 R=25.00 57N6J3jHww�,,�oSC0 L� R=25.8' SEE OETAIL'A �\ IBOVE \ 1� OOND N011BNG1,CSEi NOINING �� 1321.Is' 11321111- II'R`�_ -`OJND 5OD /8 Nw1H SQVME WASHER DN. 0.15' IN UN OF W TAGGED LS 4420, PER 08 710/38-52, RS/13/83 AIM AS S TN 1/4 CORNER, SECIIGN 5 R=2V659'� '!{l/sIT tilt,: L=u.er d^�__ / ) zfi•w Rb _ LOT ACRES col I i 19.33 =i? —N86'3fi 0A"E _-R-514.00' L=B4.l54ABJ59'12'W 59.R6'- R=9'56'41 L-21 =19.2090' 1'1\o�`ri C'TO'9l_ 000226299 °-500.00'L=92. 1�_'912•W 59. CJ X,j �- _ _N86'J6'00 E �\ ]6pa' �R=L866.9 (I',; a9. E15 C L=]6.]6' N6}59'1ZYRlVl \ R=4412'22• L=3214' /' R=25.00' R=6350'IS•- o, -j a' R=25.00 J Q 60'PSE 10 �' '� 71- LOT 1 19,33 ACRES R-69'49'39 R=22.00 L=42.3Y NW B'5)"w 21.26' N0099'S]'W NOOT)6'SYW — N6931'03E 150.W' 4.00' N71J5'S6'W RAD ACRES ---'moo-- _--------_--- _----- 0716' (N6951'03C-Y) 1236.02 (1238.13) N44'10E 6 1.92' R=8R'4fi 03• R=25.00' L-06]J' RDE W, Y �I 118jQ hml LOT 1 z�' F lgl 19.33 ACRES e I0� �I V r s N69s'O3_ E-6b.d5@� PI �� .- \C 8 _ 76 02' N895tl59'E _I 36.52 37,W l ry fR_.- 6i PSE F--to NE li�li a gi ��o LOT C 1.13 ACRES 22621 �I-- t951'03 E SRJ.52' o 2� n763 _ -f-- - -.— 21. _. - 1321.15 (1322') - G- __ ._.- (N8111 VE-W) 2642230' (2642,43') - BASIS OF BEARINGS LOT A AVENUE 52 (AVENUE: 52) O 0,07 ACRE5 J THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 5 SHEETS TRACT NO. 31798 BEING A SUBDIVISION OF LOT 47 OF TRACT MAP NO. 24889 AS FILED IN BOOK 210, AT PAGES 38 THROUGH 52, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN FOMOTOR ENGINEERING APRIL 2004 FOR CONDOMINIUM PURPOSES CURVE (t SCALE 1"=60' p 60 120 180 240 SEE SHEET 2 FOR EASEMENTS, SEE SHEET 3 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS. �7 S,7 R.�24Jr0 7 1 P, 21,0DO-, SEE' SHEET I�III 3 )\IIJ ,2-/;1-2+J-L I � YlE ,2g/13-2 2 L L�. 0 -- ----CITRUS N8954'1YE 1166.31'-N �\71 \ L_ L I 3 L �- _ FRESA - - _ N403/'51 W �- IN0025'Sfi•W-W1 1.90'-N1 116.56-MI JB J.•s9, _ - -__ ap /=Olg26 I N N89503•E 12001'-N R_ IB'pp\ IL 68.04, N814Yi3"E Bp'- M 90.6590.70'1 60. ) 7065 ?�O 20.00' � LOT 1 52 R ��\ 19. 33 ACRES l l; O�,6od'o \II\ Na92sAOa"E_ 1�� G �\ 61 T�29R5'O6• ; N0032 8� \ \ O lP�.r��o ��/LJ Bf\-N2959'10•W ✓ t ✓ _ 21 N89'!Y}S"E 81.2 a 8.61 �70'11.0Y- "P \P i,A -5.p0' �,\j \i \0, 42 E 0.>11! ��o EL�I 50 69' _ r N09'4YJ3•E 11 N4J'J0'18'W N47?'42-E 12.1Y ,y\ 11po _ '118_t 1' ^ N89'4Y33"E 06 PLO %�z L=J0.& hghN, �' ✓. \lq,Jq i 8=909000• t '1 S\ P`i'�6. R=25.27' LOT 1 R= e-25 .00' I 19.33 ACRES L=NJ9.Y R 2Y /:'� NM 4Y33•E, 1.00' `-Y PUE -&83-35'2r -_-- C=9• ✓ i y /\k 9b E\� NJILS'44•W i186.00' 1=81.6 a'N069101•E _ 12.69'-_e=�j9 �1 °�- 32.31 14 NPb92pYE 12.69 C°>�3J'07'S1 0..11fi4 p0� �/ \\G o e=aa'a'Isi-GROVE _ z5r1i 3 `6"vi'a °> ----_ -� C5 i L=76.1fi•,+ +N8602'OYE 72.69'_-e- l a=827 /'40'J ti, cy 4 Z \ o R=25.00' 'f \ 30' \b2'34'S9 V ��N� R=x34M N37V5N;W-- it R=25.00' p1C ry\, o ='8A, a a l L'}• LOT 1 li 1933 ACRES 10' PUE-I > 60'l asE I Flo' auE e=zss'w" y�'9 � 30• � C N0951'OSE L=60.Ifi ✓' 4\, - \l 8 ' -�� N44'49'OB•E (L' o N8951'03"E 68.35 CII\�_xl7y.J$S>J, / }0.9Y H' 1°K�6J1 :>J\>•�`\ .hS ��e°.,},, .,/9 All �'rWi 01x )1 a6's1-80 IN89'39'12E CJ ���y ,ro 0p L=00_B 1-N8951'OYE_1991'��R =100� 0`5h 9yo / '39.65- A,, '9; \ H.� s aa.ss•40• N1ARA VIST oo `tee 100 . j' o�N8951'03E T99.94, R=1 µ*` lo' PUE --1 1 �sr RSE Igl ' ti"�, LOT RC a=zJ 16:4p; R16- - Naq�l'a�'E. 1391 _n_1sol:�oo bo !,3 LOT 1 19.33 ACRES 16 1 N0012'47W R-445805".\ 4H.00 R=55.00' \-N89'47'ISE 6200' - 9'1Y13•E 8200 20 00' r 20 II � ry 7 12. S ry Z J24. � 8O '^ I v, CE �Ir IL tri wIN g11 1 h�6 N89'4113•E 6200-I � aS�/ Ne9'a71YE 9alY , R. LOT 2 0.38 ACRES p �y1 1.13 AC E " =J OO.pO' ^ Y1.66607- 228.ZI' N895103En N095103•E 110.p0 _ - -7,- - - ra / / r -_--_. -}- N6951'03 E \� \?rig _ - - __ _-Il>9.4 . __a 129.J8' 35W _ -10.10 T - - _ - _ - - - . v- - - ., I 27 _ _ - - - - _- ----_ � 30sa6' � �P -LOT A name 1 (AVENUE 52) '111 VVE-W) 12J8.m' (1239.13') 2 0.07 ACRES- a i II I a� I 72263 1J21 t5' (1J2122') (N8951'OJ•E-N) 264230' (264243) - BASIS OF HEARINGS AVENUE 52 Sti LGR SEL 5 - EWND 3/4 �. NN 20. iAGGEO IS 6296. PEP CORNEA ftCCORD 02-1. u CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31798 OFF -SITE IMPROVEMENTS THIS SUBDIVISION �PROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 7O, 20',?g by and between WATERMARK GRANITE LA QUINTA, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31798 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others (`Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. I I12 CADocuments and SettingsWomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 13 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc 9 ,# security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 14 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation . not previously submitted. 15 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 16 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Developer Address Date Watermark Granite La Quinta, LLC 20 Park Plaza, St 800 Irvine, CA 92614 r Z_ By: �2� //2/Z5 iDate Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date CADocuments and SettingsMomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc 17 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31798 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 Storm Drainage $ 3,575 $ 3,575 Street Improvements $ 27,405 $ 27,405 Meandering 8ft Sidewalk $ 67,785 $ 67,785 Domestic Water $ 17,915 $ 17,915 Sanitary Sewer $ 52,640 $ 52,640 Signing and Striping $ 3,000 $ 3,000 Totals $ 172,300 $ 172,300 Standard 10% Contingency $ 17,200 $ 17,200 Total Construction Cost $ 189,500 $ 189,500 Professional Fees, Design 10% $ 18,950 $ 18,950 Professional Fees, Const 10% $ 18,950 $ 18,950 Bond Amount $ 227,400 $ 227,400 w r► 18 CADocuments and SettingsWomon\Local Settings\Temporary Internet Files\OLKBA\OFFSITE_SIA.doc STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } On December 12, 2005 before me, Marianne Allen, Notary Public, Personally appeared Thomas P. Dobron -------------------------------- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MARIANNE ALLEN Corrxnisslon N 1462983 -: Notary Public • California San Diego County My Comm. Eg*es Feb 11, 2008 Signature ������ �`-v (NOTARY SEAL) 19 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31798 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agree is made and entered into this day of �`' 20 by and between WATERMARK GRANITE LA QUINTA, LLC a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31798 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. C:\Documents and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc 20 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty CADocuments and SettingsMomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc 21 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the t one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 22 C:\Documents and Settingstfomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 23 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 24 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Local Address Watermark Granite La Quinta, LLC 20 Park Plaza, St 800 Irvine, C 2 4 (760) By.C, Date Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date T; 011 ) t-m 25 CADocuments and SettingsVomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } On December 12, 2005 before me, Marianne Allen, Notary Public, Personally appeared Thomas P. Dobron -------------------------------- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature��� �� ��" �"-� �' ' �-��"^> (NOTARY SEAL) 26 Exhibit A SECURITY — TRACT MAP NO. 31798 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and 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 $ 108,200 $ 108,200 Street Improvements $ $ 416,685 8,000 $ $ 416,685 8,000 Signing and Striping $ 792,216 $ 792,216 Storm Drainage $ 212,373 $ 212,373 Sanitary Sewer $ 697,135 $ 697,135 Domestic Water $ 500,000 $ 500,000 Dry Utilities $ 167,400 $ Monumentation Totals $ 2,902,009 $ 2,734,609 Standard 10% Contingency $ $ 290,201 3,192,210 $ $ 273,461 3,008,070 Total Construction Cost Professional Fees, Design 10% $ 319,221 $ $ 300,807 300,807 Professional Fees, Const 10% $ 319,221 Bond Amount $ 3,830,652 $ 3,609,684 27_ CADocuments and Settings\bfomon\Local Settings\Temporary Internet Files\OLKBA\ONSITE_SIA.doc o'� �a ��--t� cam'`' • OF T1��'� COUNCIL/RDA MEETING DATE: December 20, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: ✓C> By Ricky Morales— Date of Loss: August 8, 2005 -- STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Ricky Morales, with a reported date of loss of August 8, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $1 ,294.00 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Ricky Morales with a reported date of loss of August 8, 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. -1 � r FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Ricky Morales with a reported date of loss of August 8, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, John Ruiz, Per: Attachment onnel/Risk Manager Approved for submission by: Thomas P. Genovese, City Manager 1 . Ricky Morales, Claim for Damages 2 ATTACHMENT 1 FILE WITH: --- -- CITY CL-ERK'&OFFICE E� City of La Quinta P.O. Box 1504 La Quinta, CA M53 CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPER CLAIM NO. OAS AUG 16 flf'l 3 3y INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than sic 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 § 9112.) 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. 6. Attach separate sheets; 9 necessary, to give full details. SIGN EACH SHEET. TO: (Name ofCity] C tA / It/ fA ` Name Claimant i Address of 7,4 �r I_ Business Address of Clairmi %.�S A, ale City and UN and — TY OF LA QUINTA CI Y CLERK'S OFFICE Date of Birth of Claimant �t ' S Gj Occupation of Claimant Home Telephone of Claimant Business Telephone of Claimant Give address and telephone number to which you desire notices or cornnwnications b be sent Claimants Soda) Security No.: regarding daim: s- w When did DAMAGE or INJURY occur? Names of any city employees involved In INJURY or DAMAGE: - Date: a C Time: r IClaim is fof Equitable Indemnity, give dale'—{� claimant served with the axnpWmt Date: - - Where did DAMAGE or INJURY occur? Describe fuly, and locate on diagram on reverse side of this sheet Where appropriate, give street names and address and measurements from landmarks:, Describe in detail how the DAMAGE or INJURY occurred. /? Ae y Why do you claim the city is responsible? l �Z T�- l r/ �� �il .� i�4/r �� Gi/ `/� Si g aJA Describe in detail each INJURY or DAMAGE Poo D SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDES The amount claimed, as of the dam Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ C, 2 `j `�=� Future expenses for medical and hospital care .$ `f Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings ........................ $ Other prospective special damages ..........$ v Special damages for ..................... $ v Prospective general damages ..............$ f Total estimated prospective damages.......$ General damages ....................... $ Total damages incurred to date .......... $ s / Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by police? 11"o If so, what W. _ Were paramedics or ambulance called? /J/ If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit 0 L O 0�41 'S fe d I -0- 1,40 O WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known have information: Name -S 74-�e i` -e A n cm f? Address 7A-- / J�- / d9-C 1 - Phone Name Address L!} i= 0 , v Phone Name Address f , t'04r L i� k _ Phone DOCTOR AND HOSPITALS: Hospital Doctor Doctor Address Phone Address Phone Address Phone G READ CAREFULLY For all accident daims place on following diagram name of streets, including North, accident by A-1' and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by and by showing 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: 9diaprns below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant. CURB 77 Signature to Claima. or person filing on SIDEWALK CURB ----I S/2CZa NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) / - ' 4 4 Tttt� COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Verizon— Date of Loss: May 20, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:_ STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Verizon, with a reported date of loss of May 20, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $2,309.00 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Verizon with a reported date of loss of May 20, 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. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Verizon with a reported date of loss of May 20, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, ♦y John Ruiz, PersohnO/Risk Manager Approved for submission by: 'Thomas P. Genovese, City Manager Attachment: 1 . Verizon, Claim for Damages 2 ATTACHMENT 1 BILLING STATEMENT Billing Date: 10/07/2005 Bill Number: CA4AP11JV1005 Mail Correspondence to: Bill Type: DCG CMR Claims Department Work Order: C11 0549 PO Box 60770 Oklahoma City, OK 73146 Questions? Call:(800)321-4151 DESCRIPTION OF DAMAGE: 7Z+i DAMAGED FACILITIES REPAIRED AS FOLLOWS:78990 MILES AVE.,-RER Damage Claim Number: CAPR050834 Date of Damage/Discovery: 05/20/2005 Charge Description Hours Amount LABOR 2.00 $ 160.82 ADMINISTRATIVE COST $ 148.78 MOTOR VEHICLE COSTS $ 8.86 CONTRACTOR COSTS $ 1,598.59 LOSS OF USE LCEL $ 392.00 CITY OF LA QUINTA Total Amount Due Upon Receipt $ 2,309.05 Please write the bill number on your check. Mail bottom stub with your payment to address below. In the event your check for payment of your Verizon communications bill is returned by your bank for insufficient or uncollected funds, Verizon may resubmit your check electronically to your bank for payment from your checking account. Claim Number CAPR050834 Bill Number CA4AP11JV1005 Total Amount Due $ 2,309.05 SPECIAL PROJECTS BILLING Please Pay Upon Receipt CITY OF LA QUINTA o 0 o a a 0 78-495 CALLE TAMPICO Verizon LA QUINTA, CA 92247 P.O.Box 1096 Cockeysville, MD 21030-6096 513CA4AP11JV1005DCG0100720051000000000023090523 3 / v — -� 5 - 4 C �M OF COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Consideration of a Preliminary Cost Estimate and Potential Options for Establishment of Street Improvement Modifications, to Include a Deceleration/Right Turn Lane and Alternative Access Configuration, at 47647 Caleo Bay Drive RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Improvement costs will likely exceed $200,000. There may be a cost for staff resource time and possible professional consulting services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This item was continued by the City Council from the December 6, 2005 meeting, as no members of the Lake La Quinta community were in attendance. City staff requested the item be continued to allow for those residents to be re -notified and hopefully be properly represented. Staff has received several e-mail comments from residents since the continuance from December 61h. Attachment 1 constitutes the e- mail received up to this point; any further communications will be given to the City Council prior to today's meeting. Recent concerns have been raised by property owners in proximity to the new medical office building located at 47647 Caleo Bay Drive. The 42,000 square foot medical office building was approved by the Planning Commission in October 2004 (Attachment 2). As the building has progressed, concerns raised have focused upon building height, proximity of the subject building to neighboring single-family residences and view obstruction. As a result of these concerns, the City Council directed staff to investigate options to further reduce impacts of the building and site design on the affected residents. The options identified were as follows: 1 . Obtain a reciprocal easement between the medical building site and the south property (former Marriott hotel site), which would be exercised when development of that south property occurs. 2. Construct a new driveway from Washington Street into the site. 3. No change to the existing situation. Based on City Council direction, and meetings with Lake La Quinta property owners and their specific direction, staff is evaluating the potential for construction of an expanded deceleration/right turn lane and an access point from Washington Street, for the La Quinta Medical office building. The cost of this work has been estimated not to exceed $200,000, and would be paid by the developer, who would then be reimbursed by the City. The project developer is amenable to the program as outlined in this report. Recently, as the building has progressed in its construction, concerns raised by Lake La Quinta property owners include concern with the amount of traffic that will be occurring on Caleo Bay, as the site is provided access only from this local street. As a result of continuing meetings with the City, property owners and the project developer, certain remedial measures with regard to landscaping, building color, and access have been discussed and are being addressed. As part of these discussions, the Lake La Quinta residential property owners have requested the City consider providing access to Washington Street for the project. Staff has prepared a cost estimate that establishes the cost of the improvements at $150,823, adding $50,000 to allow for contingencies in design and other related costs, for a total of approximately $200,000. The parameters for these improvements would include: • Project developer's construction team will design and build the improvements, which include their requirement for a right turn lane at Lake La Quinta Drive; • Developer would construct the requested improvements at the same time as the project's required turn lane (possible time/cost savings); • City would reimburse developer's costs for the requested improvements, less his required improvements; and • City would not hold up occupancy for the project based solely on completion of the requested improvements. In addition, the developer would provide a reciprocal access easement between his property and the south property (former Marriott hotel site), which would be exercised in the development of that southerly property. The City could also consider a requirement that the access point be 'stubbed in' at the desired location, as part of the requested improvements. Attachment 3 illustrates Washington Street access points between Avenues 48 and 47, inclusive of the potential access for this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Direct staff to proceed as outlined by this report; 2. Do not take any action at this time; 3. Continue this for further consideration; or 4. Provide staff with alternative direction. Respectfully submitted, Douglas R Evans Community Development Director Approved for submission by, Z Thomas P. Genovese, City Manager Attachments: 1 . E-mail Communications Received 2. Approved Site Plan (council only) 3. Driveway Access Exhibit (council only) 12/15/2005 17:09 7605644840 ATTACHMENT I FAX To: Mayor Adolph and Members of City Council City of La Quanta Fax #: 760 / 777-7101 From: JAMES W. CALVIN, M.D. 47-515 Via Florence, La Ouinta, CA 92253-2122 Telephone: (760) 771-5117 Fax: (760) 564-4840 Day / Date : Tues., 12 / 15 / 05 NUMBER OF PACES including this first page: 2 Dear Sirs - I may not be able to attend the forthcoming City Council meeting to speak to you directly, but please accept this as a strong recommendation from a La Ouinta citizen and a Lake La Ouinta resident. The fax of 12113105 (copy attached) to Mr. Nesbit, explains my concern. r Ja ' s W_ Calvin, M. D. 12/13/2005 13:15 7605644840 PAGE 01 FAX y To: Walter H. Nesbit, Associate Planner, City of La Quanta Fax #: 760 / 777-1233 From: JAMES W. CALVIN, M.D. 47-515 Via Florence, La Quinta, CA 92253-2122 Te l e g h g n e: (760) 771-5117 Fax: (760) 564-4840 Day / Date : Tues., 12 / 13 / 05 Number of pages including this cover page: 2 Dear Mr. Nesbit - I have been concerned for several weeks about the tall medical office building under construction on Caleo Bay Drive. I sent a fax to the mayor and city counselors (copy attached) two months ago, made a personal visit to the Planning Dept. office, and added my protesting voice through the HOA of Lake La Quinta. All of this was to no avail presumably because the construction was already too far along, But there is an Immediate specific problem that can be addressed here and now, correction of which will partly assuage the residents of Lake La Quinta: construction of an access driveway from Washington Street. Otherwise, Caleo Bay will become congested with both moving traffic and possibly parked cars, compounding the problem. Construction on Washington Stree Jails C 3 OMMU t, UT IK��//C(,� INIn p`jppp :. DFPAR M NT t I f)'t 12/13/2005 13:15 7605644840 PAGE 02 FAX To: Don Adolph, Mayor, Members of the City Council City of a Quint Fax #: 760 / 777-7101 At: City Hall, La Quinta From: JAMES W. CALVIN, M.D. 47-515 Vla Florence, La Quinta, CA 92253-2122 Telephone:(760) 771-5117 Fax:(760) 564-4840 Day / Date : Tues., 9 / 13 / 05 Number of pages including this cover page: Dear Mr. Mayor and Councilors - There is a h& problem on Caleo Bay, the very tall new medical office building which is under construction. My year round residence is in Lake La Quinta, and all of my fellow residents, temporary or full time are now or will be offended by this building. I do not remember receiving any advance notice of such a building being planned. Were any Lake La Quinta residents, official or otherwise advised? It is a monstrosity, an eyesore. How did it ever get approved by first by the city staff staff, next by the Planning Commission and finally by the City Council? In the not -too -distant past a tall structure, a residence or hotel for long term stays, if remember correctly, was proposed for that same general area just outside the western gates of this community, but upon negative comments by several Lake La Quinta residents, It was voted down. It was too tall and could offend Lake La Quinta home owners. The City officials were unanimous in accord with us. Why was this structure not declined for the same reason? _ hiL ��`inAP1rUNIlY ��:.-. -,rPARTM N, James W. Calvin, M.D. Wally Nesbit From: Ben Rosker [benjeangearthlink.net] Sent: Wednesday, December 14, 2005 11:57 AM To: Wally Nesbit Subject: Alternative Access to the new Medical Offices Mr. Wallace Nesbit Associate Planner Community Development Department City of La Quinta Dear Wally, We are terrible sorry that the LLQ Homeowners' Association knew nothing the City Council's consideration of the access driveway to the new medical office building at the December 6th meeting. We would have been there along with many interested community residents. We do have a serious problem about attending the Council's meeting on December 20th. I personally will be out of town at that time and I know there is a large community Christmas party on that date. It's most unfortunate that these conflicts will occur. On behalf of the Lake La Quinta Home Owners' Association, we strongly urge the Council to immediately proceed with a Washington Street entrance to the medical offices. We firmly believe that our traffic problem on Caleo Bay Drive is getting worse with each passing day. Our residents complain bitterly about the increased recent traffic on the street to and from the shopping area to the north of 47th Street. They regard it as a safety hazard for our vehicle traffic coming in and out of the three gates onto Caleo Bay Drive. And even more serious is the threat to our schoolchildren who load and unload from school busses on that street. The Washington Street entrance will go a long way to alleviate some of these problems. It should be authorized NOW! Please provide this e-mail to the City Council for their consideration. Ben Rosker President Lake La Quinta Homeowners' Association 1 Page 1 of 1 Wally Nesbit From: Jack Livengood back_livengood@yahoo.coml Sent: Tuesday, December 13, 2005 11:28 AM To: Wally Nesbit Subject: Caleo Bay Egress & Exit Dear Mr. Nesbit, I wanted to share my concern about the egress and exit planning relating to the new medical building on Caleo Bay Drive. Clearly it would be far beneficial for the citizens of Lake LaQuinta and others to have the traffic directed to Washington Street which offers multiple lanes for better, safer traffic flow. I hope the city will see fit to contruct an access point directly to Washington rather than routing additional traffic through a transitional neighborhood (commercial & residential) such as Lake La Quinta. Thank you for your attention and consideration. Sincerely, Jack Livengood 47-145 Via Lorca La Quinta, CA 92253 (760) 880-11727 ack Livengood keaitor Windermere Peal Estate L-a Quinta, CA Cell. (760)880-1727 Fax: (760) 564-9686 Em,,4;il:-ilivengood@windermere.com 12/13/2005 Page 1 of 1 Wally Nesbit From: Jane Anderson [eanders324@earthlink.net] Sent: Monday, December 12, 2005 6:50 PM To: Wally Nesbit Cc: Rosker, Ben Subject: Caleo Bay This is to express my deepest concern about the traffic on Caleo Bay. This is a very narrow street which cannot accommodate commercial traffic. Not only is this a residential street, it is also where buses drop off children daily. Why you permitted commercial traffic on this street is beyond comprehension. Just put your kids in this predicamentf f It would be appreciated if the La Quinta would immediately approve the building of an entrance from Washington Street to reduce the traffic on Caleo Bay. The 42,000 sq.ft. building erected there (without consideration of the residents) is enough of an impact on this residential street. Any other buildings erected on this parcel of land should have Washington Street addresses so the traffic is channeled in and out on Washington. Unfortunately I won't be in town at the next City Council meeting. but I would like this to be considered my statement to be included in the minutes of that meeting. Jane Anderson Lake La Quinta 12/13/2005 Page 1 of 1 Wally Nesbit From: AB[ocklool@aol.com Sent: Monday, December 12, 2005 1:15 PM To: Wally Nesbit Subject: Traffic on Caleo Bay TO WHOM THIS MAY CONCERN: As a resident of Lake La Quinta, I am very concerned about the growing traffic on Caleo Bay and which will only get worse after the competion of the new medical facility. My hope is that you will consider putting an entrance/exit on Washington to ease this problem and to hopefully prevent accidents. Respectfully submitted by: Lorna Block Lake La Quinta Resident 12/12/2005 Wally Nesbit From: alldesi@verizon.net Sent: Monday, December 12, 2005 9:19 AM To: Wally Nesbit Subject: Caleo Bay drive I have just learned that the only access to the large medical building that is now under construction on Washinton Street adjacemnt to Lake La Quinta will come off Caleo Bay Drive. It appears to me that this is going to cause a major influx of traffic along this tiny Thoroughfare . I am hoping that the city of La Quinta will consider another driveway along Washington Street. I do not feel that Caleo Bay Drive was ever designed to handle the traffic flow this medical building with only one entrance will create. Thank you for yjour time Dale D. Michael 78935 Dulce Del Mar La Quinta, CA 92253 Page 1 of 1 Wally Nesbit From: Gayle Brune (gbrune@dc.rr.coml Sent: Monday, December 12, 2005 8:46 AM To: Wally Nesbit Subject: Caleo Bay My husband and I are residents of Lake La Quinta and were really distressed to see what we all refer to as "the monster medical building" go up on Caleo Bay, a minimally used access street. Now as the building is up, we really hate it. To make matters worse, the City proposes to have access to this building only from Caleo Bay. This makes no sense. Caleo Bay is already becoming busy. A building this size really deserves an entrance from Washington -just like Walgreens has. It should be built NOW so patients and staff visiting this building will become used to entering and exiting on Washington rather than on Caleo Bay. We want to discourage Caleo Bay traffic, not encourage it. Please vote for construction of an entrance from Washington to happen now, rather than later. We appreciate your consideration of this. We also wish the community had been notified about this construction before it was too late. We now wonder what will be going up next to Walgreens. Is it also something we should be concerned about. Gayle & Neal Brune 47880 Via Trieste La Quinta, CA 92253 fz � 12/12/2005 RE Caleo Bay Drive Page I of 2 Wally Nesbit From: Gilhousen, Brent [Brent.Gilhousen@Husch.coml Sent: Monday, December 12, 2005 8:37 AM To: Wally Nesbit Subject: RE Caleo Bay Drive December 12, 2005 Wallace H. Nesbite Associate Planner City of La Quinta Mr. Nesbite: This email is an expression of my concern relative to a traffic entrance to the medical offices building. I own a home on the lake in Lake La Quinta estates, and reside in St. Louis, Missouri. I find the city's planning for traffic, not to say the initial approval of the large medical building, was profoundly deficient. I submit that the city of La Quinta immediately proceed with a Washington Street entrance to the medical office building to alleviate some of the traffic problems on Caleo Bay Drive and specifically those traffic problems for which the medical office building will be the proximate cause. 1 understand the city has developed a preliminary cost estimate for such access which is to be considered by the City Council at its next meeting on December 20th. Please provide this email to the Council as I will not be in California at that time and therefore unable to attend in person. Brent J. Gilhousen Circular 230 Disclosure: In compliance with requirements imposed by the IRS pursuant to IRS Circular 230, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e-mail message from the law firm of Husch & Eppenberger, LLC is intended only for named recipients. It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately at 314.480.1500 or at helpdesk@husch.com that you have received this message in error, and delete the message. Thank you. 12/12/2005 Page 1 of 1 Wally Nesbit From: KimWaltrip@aol.com Sent: Monday, December 12, 2005 8:51 AM To: Wally Nesbit Cc: benjean@earthlink.net; Terryl Henderson@aol.com Subject: La Quinta Good morning Mr. Nesbit, 1 am writing in regards to the entrance for the :rep°-i'2,000 sc� I't medical building on C-aleo Bay. What concerns me most is that a tragic accident is just waiting to happen. The City will eventuaiiN have to address this problem but I believe it swouid be better- to consider some altei-natives now, rather than Nvait for something horrible to happen. There tree so many blind spots chat: to the cams es o :liat stye(i and tlae cars that come barrelling down that street have been halted several times by .dls." V -, house borders that road and I cannot tell yola hover many screeches I've heard, and stories I: r p residc v; s about the speed and amount of traffic that raow rushes down C'aleo Bay. It would be wonderful if the city could come up Ni it sonre sa nlions to this problem. Even just a few stop signs will help. A stop sign at both enlrnnces io take L °(�uinta could help a lot I think and also a stop on Caleo Bay where Lake La Quinta drive c<:,r:,vs in. I A gri wvorried for the mane children who are. Kicked up on that street by theie school hus arrrl alsE:� die nrar people that wall: over to the Walgreens. Perhaps a cross walk at the Lake La Quiuta south, �.,tsate with : stop sign would be good too. Thank you for your time. I am not able to make dii City Council meeting on the 20th. I hope the issue can be resolved for the safety of t.il Quitrta resident°: and gilvsts. E:verbest and Happy Holidays. Kim "Never doubt that a groin of tFrors a.t' ..i, :,r , ,III ..+... ty, r np Jl-,e ;4,'orfci. indeed, it's the 0171Y thing tire: ewer has,." - i0arcgaret blead w ��'�o.ikm aaa�cmcn t..om 12/12/2005 .9_�3erh. Tw(t 4 4v utw TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DOUG EVANS, COMMUNITY PEVELOPMENT DIRECTOR DATE: DECEMBER 20, 2005 14X& SUBJECT: COUNCIL AGENDA ITEM - BUSINESS ITEM NO. 1 - CALEO BAY Attached are additional correspondence staff has received on the above -noted item. They are provided for your information. Page 1 of 1 Wally Nesbit From: PAT ADAMS [arneadams@verizon.net] Sent: Friday, December 16, 2005 12:05 PM To: Wally Nesbit Subject: MEDICAL BUILDING ON CALEO BAY To: Wally Nesbit City Planner From: Arne and Patricia Adarns 47730 Via Montana La Quinta, Ca. 92253 (Lake La Quinta) (760) 5564-6250 Email: arneadams(abverizon.net Regarding the Medical Building on Caleo Day, and a new driveway off of washinatcn St. We wish we could attend the meeting next week, but because of ti;,e holidays, we are unable too. However, we want you to please take our ernail to the meeting in l-,)pes that our opinion v,411 matter. We are hoping the council will see that by only having one drivew- on the Gaie:1 Bay side for the new medical building, it will cause a traffic problem, besides not beinc4 safe for_ ,he chiiitfre: that live at Lake La QUinta...The school bus picks them up at that corner by the back gate —There a blind wise= xleen coming out of Lake La Quinta through the back gate onto Caico Bud. St. to the Hatt by 'ahk Nlpdica. Bu alines.. .So you see, it is a hazard. Someone will g;=t hurt. So the less tra-i�:ic from Cale,-, Eay, Une bef-ter. We are hoping you will take that into account when you consider put ing, a oriveway from Washington S . into the parking lot for the new Medical Building... 1,NE REALLY, REALLY NEED Ol�wi'ill' 141!` Thank you for your time and consideration. Arne and Patricia Adams 47730 Via Montana La Quinta, Ca. 92253 12/16/2005 Wally Nesbit From: Jay Pyle Upyle@alamedanet.net] Sent: Friday, December 16, 2005 12:25 PM To: Wally Nesbit Cc: Pat Wyskocil; 'Ben Wilcox'; 'Benjamin Rosker'; 'Betty Frith'; 'Cindi Ward Hanna'; 'Marty Hazekamp' Subject: CALEO BAY MEDICAL BLDG. Mr. Nesbit; As a Home Owner resident of Lake La Quinta, I want to express my concern regarding the ingress and egress of the new Medical Bldg. that is currently under construction on Calec Bay. I live on the western side of the Lake La Quinta development and use the Caleo Bay entrance/exit gates almost exclusively. I have seen the Caleo Bay traffic steadily increase as Caleo Bay is used to bypass Washington by those going to Lowes, Target and the increasingly popular shopping center along Hwy. 111 between Washington and Adams. It's the "backdoor" entrance that avoids the traffic lights at Washington & 111 and the traffic lights along Ill. Based on published data, the average Doctors' office visit is between five ( 5 ) and six ( 6 ) patients an hour. Medicare statistics are well known at six ( 6 ) per hour. Using this information and factoring in a 20` downtime factor, the ingress and egress to the Caleo Bay Medical Bldg. could be five -hundred ( 500 ) cars per day. As a residential street with direct driveways to homes, the Lake La Quinta development access gates, the Lake La Quinta Community Park along with the ever increasing commercial traffic, Caleo Bay is an accident waiting to happen. As the remaining vacant properties are developed, the present situation is only going to get much worse. I have observed a number of "almost tragic" accidents as drivers use the center lane to pass vehicles waiting to enter a driveway, or swerve around a car waiting to make a left turn. Add to this, children on their way to or coming from school, landscape equipment and workers, a "paused" Fed -Ex truck and Caleo Bay becomes an obstacle course. If sincere consideration and forethought is not used now, a tragedy WILL happen. I urge you, the City Council and the Planning Commission to move forward on a Washington St. entrance. Respectfully, Shirley M. Temming Jay O. Pyle 47-325 Via Ravenna Lake La Quinta La Quinta, CA 94253 760-777-1997 253-961-9901 Page 1 of l Wally Nesbit From: vmaclaskey@aol.com Sent: Friday, December 16, 2005 12:59 PM To: Wally Nesbit Subject: INGRESS/EGRESS ON CALEO BAY AS A LAKE LAQUINTA RESIDENT, WE WERE DISAPOINTED TO SEE THE TALL MEDICAL BUILDING BEING ERECTED. THE ACCESS TO THAT BUILDING SHOULD BE OFF OF WASHINGTON TO MINAMIZE THE IMPACT OF TRAFFIC ON AN ALREADY BUSY STREET. SINCERELY, DENNIS AND VIVIAN YOST 47-350 VIA CORDOVA 12/16/2005 Page 1 of 1 Wally Nesbit From: Tnsblanken@aol.com Sent: Friday, December 16, 2005 3:41 PM To: Wally Nesbit Cc: baf1944@dc.rr.com; Tnsblanken@aol.com Subject: Medical Bldg on Caleo Bay Dear Mr. Nesbit, My husband and I are unable to attend the meeting on Dec. 20 due to a prior commitment, but I wanted to give you our input regarding the medical building on Caleo Bay. We are one of the several homeowners on Caleo Bay that are adversely impacted by the medical building. The fact that the city has not insisted that the building have an access driveway to Washington thus forcing all traff is onto Caleo Bay is unfathomable. We are extremely careful backing out of our driveways because Caleo Bay has already become a racetrack in spite of the hazards of heavy equipment and construction cones. Once the building is finished and at full capacity our street will become a freeway. There are several factors for the city to consider; the safety of the residents backing out of their driveways, the safety of the school aged children residing on Caleo Bay and the safety of those Lake La Quinta children who board the school bus at the corner of Coleo Bay and Via Florence. Please, please, please authorize driveway access to Washington from the medical building and also consider putting speed bumps and/or stop signs on Caleo Bay to slow down the existing traffic and make it safer for our children and residents. Tom and 5herry Blankenship 47724 Caleo Bay La Qu i me Sherry Blankenship Coldwell Banker Real Estate 78297 Hwy 111 La Quinta, CA 92253 office 760-777-6368 cell 760-399-7750 toll -free 800-311-8903 12/16/2005 Page I of I Wally Nesbit From: wallyblake@comcast.net Sent: Friday, December 16, 2005 5:08 PM To: Wally Nesbit Concerning your meeting on the 20th, please consider driveways from Washington Ave into the Medical Center at Lake La Quinta Drive. Thank you, Walt & Celeste Blaseck 47500 Via Montigo La Quinta 12/19/2005 Page 1 of 1 Wally Nesbit From: Jane Angwin baneangwin@yahoo.coml Sent: Friday, December 16, 2005 10:35 PM To: Wally Nesbit Subject: Caleo Bay Medical Bldg. My husband and I will be unable to attend the 12/20 meeting of the City Council due to family obligation in Los Angeles, but we would like to voice our concerns regarding the Medical Bldg. on Caleo Bay. After attending the last City Council meeting, we realize that the size of the building and the location right next to Caleo Bay cannot be changed. At this point, the only possible improvement to this unfortunate situation is to cut a driveway off of Washington into the parking area, instead of off of Caleo Bay. We are very concerned about the inevitable influx of traffic on Caleo Bay. This street is already heavily used as a shortcut from 48th Street to Lowes, Target, and across 111 to Kohls, etc. There are children getting on and off school buses, Lake La Quinta residents using the quiet private park facilities that we pay Homeowners dues and high mortgages to enjoy, a beautiful Bed and Breakfast that advertises "serenity", etc. etc. All we ask is that you do the same thing here that Wahlgreens and Windermere Real Estate did by cutting driveways off Washington to ease the traffic on Caleo Bay! Thank you for your support. Jane and Ray Angwin Lake La Quinta Residents Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http-//mall.yahoo.com 12/19/2005 Page 1 of 2 Wally Nesbit From: WYSKYPAT@aol.com Sent: Saturday, December 17, 2005 2:20 AM To: Wally Nesbit Subject: CALEO BAY MEDICAL BUILDING WALLY NESBIT CITY PLANNER CITY OF LAQUINTA Dear Mr. Nesbit We are homeowners in Lake La Quinta and are writing to you to implore you to arrange ingress and egress for the new Medical Building off of Washington Boulevard, rather than Caleo Bay. We have previously communicated our concerns to the City Council, the City Manager and the Planning Commission. Among these are: Residents of Lake LaQuinta who reside on the western side of the Lake La Quinta development, use the two gates on Caleo Bay almost exclusively to enter and exit Lake La Quinta. Recently, we are experiencing increasing difficulty in entering or leaving our complex through these gates, due to the growing number of automobiles that use Caleo Bay as a way to avoid Washington Boulevard. This is becoming an increasingly popular short-cut to Target, Loewe's, and the rest of the shopping center between Washington Boulevard and Adams Street on 111. Moreover, many of these automobiles speed down Caleo Bay, which has at least two "blind" curves. The drivers are not cognizant of the fact that Caleo Bay is a residential street with access driveways to our homes. As a result, there have been several near collisions involving Lake La Quinta residents who are attempting to exit or enter our gates. Motorists use the center lane to pass our vehicles that are waiting to enter our driveway. Others, at the last moment, swerve around our car which is waiting to make a left turn into our entrance. We have witnessed several incidents where a driver "inching" out of Lake La Quinta must slam on the brakes because of an oncoming , speeding vehicle coming around a blind curve. The drivers are completely unaware that residents are exiting gates on Caleo Bay. In addition to the two gates, previously mentioned, the gate to our community park, lake dock, swimming pool and tennis courts is also on Calejo Bay. Our children are picked up and delivered by school busses to one of the gates on Caleo Bay. We shudder to think of what is going to happen one of these days when an auto comes swerving around Caleo Bay and our children are standing at the gate waiting to be picked up. It would be a tragedy of gross proportions. We have read that up to 500 additional automobiles per day, once the Medical Building is fully occupied, could be using Caleo Bay, which was initially a residential street. Given the fact that commercial construction in this area will only increase, we are looking at a traffic nightmare and accidents that the City could have avoided. If the City does not take into consideration how the residents in this community of 300 homes will be able to safely enter and exit our complex (this was not take into consideration when these plans were being developed), it will be culpable in the event of a horrendous accident. However, one opportunity still exists to rectify this oversight, and that opportunity is NOW. Please ameliorate the current and projected, unsafe traffic conditions on Caleo Bay by changing the Medical Building ingress and egress to Washington Street before it is too late. We are extremely concerned, however, we will be unable to attend the City Council Meeting on December 20, due to a prior commitment. We would appreciate distribution of this letter to the individuals on the City Council, as well as to others in the City who have the authority to take action now. We urge the City — Please do the right thing! Respectfully, Eugene and Patricia Wyskocil 47965 Via Jardin La Quinta, CA 760-771-5120 12/19/2005 Page 1 of 1 Wally Nesbit From: L Rhodes [Irhodes@dc.rr.coml Sent: Saturday, December 17, 2005 9:37 AM To: Wally Nesbit Subject: Entrance to medical buiding Dear Mr. Nesbit, As residents of Lake La Quinta, mu husband and I have been sorely disappointed in the lack of consideration given our residential community by the city and the planning commission. We cannot help but wonder how the members of planning commission would feel if this was going on where they lived. To have approved the medical building being built adjacent to Caleo Bay instead of Washington where it belonged like the others nearby was not a well thought out plan. Caleo Bay is a residential street not a major thoroughfare as is Washington. As it is, with the exit from the Lowe's shopping center tying in, people are racing down Caleo Bay ignroing the posted speed limit. Having the entrance to the building along Washington on Caleo Bay will only further aggravate the situation. My husband and I are not able to attend the scheduled meeting on December 20, but we would like you and the planning commission to know that we believe that the entrances to any building along Washington should be off Washington, just like they are for Trader Joe's and all the other commercial properties. Thank you for yoiur consideration in this matter. Larry and Monica Rhodes 47895 Via Livorno La Quinta, CA 92253 760-771-6348 12/19/2005 Page 1 of l Wally Nesbit From: Wxanthos@aol.com Sent: Saturday, December 17, 2005 10:44 AM To: Wally Nesbit Cc: benjean@earthlink.net; bafl944@dc.rr.com Subject: Caleo Bay medical building entrance Please consider the traffic problem that would be created with a commercial entrance on a small residential street:. With the many exit/entrance gates for our community (ten) on Caleo Bay, there is already potential for accidents now that there is increased traffic flow. The bends in the road make it difficult to see cars slowing to enter or to see them emerging. Adding yet another entry point would only exacerbate the problem. Traffic has increased on Caleo Bay dramatically in just the past year. We don't need any more cars there slowing down to make an entrance and endangering other vehicles in the area. Please review the area and determine that a Washington Street entrance is the safest and most appropriate. William and Linda Xanthos 47-585 Via Montana LLQ 12/19/2005 Page 1 of 1 Wally Nesbit From: BBB6lN96@aol.com Sent: Saturday, December 17, 2005 4:01 PM To: Wally Nesbit Cc: benjean@earthlink.net Subject: Caleo Bay Traffic Dear Sir: As a home owner in LLQ I / we feel that an over -site of the planning involving the traffic patterns for the new medical office building on Caleo Bay Drive ocurred. We feel that traffic on Caleo Bay Drive should be reduced by creating access to the medical building property via Washington Street in as timely a manner as possible. Thank you for your consideration in this matter. Sincerely, Dr. and Mrs. Robert L. Byrum 78-940 Via Florence 12/ 19/2005 Page I of 1 Wally Nesbit From: Christy Hirsch [Iaundrydiva2002@yahoo.coml Sent: Sunday, December 18, 2005 11:09 AM To: Wally Nesbit Subject: RE: CALEO BAY ST PLEASE BE ADVISED THAT ALBEIT WE CANNOT ATTEND THE MEETING, WE ARE ASKING THAT THE DRIVEWAY BE PUT IN ON WASHINGTON STREET TO ELIMATE THE STIR OF TRAFFIC THAT WILL BE CREATED WITH THE NEW MEDICAL BUILDING. THE AREA WE LIVE IN AT LAKE LA QUINTA DESERVES THE DRIVEWAY. THANKS FOR YOUR EFFORTS THE FOASBERGS 47555 VIA MONTANA LA QUINTA, CA Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mall.yahoo.com 12/ 19/2005 Page I of I Wally Nesbit From: BSMITH194@aol.com Sent: Sunday, December 18, 2005 1:17 PM To: Wally Nesbit Cc: baf1944@dc.rr.com Subject: Medical building REGARDING THE MEDICAL BLDG ON CALEO BAY As a resident of La Quinta, I believe it only makes sense to direct traffic for the Medical building off Washington rather than Caleo Bay. In the morning and afternoon, school buses stop to pick up children from Lake La Quinta. These children should not be subjected to additional traffic that is bought on by traffic heading to the medical building. The addition of the Target store and access road to HWY 111 has increased traffic, and the speed limits seem to be ignored. I do not believe we need more traffic on Caleo Bay. Put commerical traffic where it is best suited.... on Washington. Thank You, Ben Smith 47595 Via Montigo La Quinta, 771-4189 12/19/2005 Page 1 of 1 Wally Nesbit From: Sindelar37@aol.com Sent: Sunday, December 18, 2005 3:49 PM To: Wally Nesbit Subject: 12/20 City Council Agenda - Medical Building on Caleo Bay Mr. Wally Nesbit City Planner City of La Quinta Dear Mr. Nesbit, We have owned a home at 78-855 Dulce del Mar in Lake La Quinta for 7 years and have appeared at City Council meetings in connection with area developments in and around Lake La Quinta. We previously have voiced concerns to the City Council regarding the Medical Building project currently under construction on Caleo Bay regarding its appearance as not in keeping with the surrounding area, its position adjacent to Caleo Bay as opposed to Washington Street and the resulting traffic due to proposed traffic ramps on Caleo Bay. As we are out of town for the Holidays and will be unable to attend the December 20th Council meeting, we are writing to you in connection with the absolute need to require the developer to locate the only entrance and exit ramps to the Medical Building on Washington Street. Caleo Bay is mainly a residential street and the traffic using this street to and from the Lowes/Target shopping area has already greatly increased. Allowing entrance and exit ramps on Caleo Bay would only dramatically increase the traffic flowing to the point of turning Caleo Bay into a high density commercial thoroughfare which is not in keeping with the area and to which we unalterably opposed. Will you kindly submit these remarks to the City Council at its December 20th meeting. We hope that you will concur in these remarks. Very truly yours, Charles and Nancy Sindelar 12/19/2005 Page ] of l Wally Nesbit From: Jim Havas Oehavas@yahoo.com] Sent: Sunday, December 18, 2005 4:55 PM To: Wally Nesbit Subject: Medical Building on Caleo Bay Dear Mr. Nesbit, We cannot attend the City Council meeting on Tuesday, December 20th BUT would like the council to know how we feel about an important issue that is to be discussed. My wife and I have lived in Lake La Quinta over 7 years and we would greatly appreciate it if the medical building currently under construction between Washington Street and Caleo Bay would have an entrance and exit on Washington Street as well as on Caleo Bay. Without this additional entrance/exit the traffic on Caleo Bay will overwhealm this 2 lane street and cause traffic problems for residents of Lake La Quinta. Thank you for presenting this opinion to the City Council for us! Sincerely, James & Sheela Havas 47655 Via Montigo La Quinta, CA 92253 (located withing Lake La Quinta) 12/ 19/2005 Page 1 of l Wally Nesbit From: Barbara Thomas [barbaraethomas@earthlink.net] Sent: Monday, December 19, 2005 9:24 PM To: Wally Nesbit Cc: Betty Frith Subject: Calio Bay Building Mr. Nesbit, We are concerned residents of Lake La Quinta Community.We strongly request that a driveway be installed off of Washington connecting the disgusting building that presently faces Calio Bay. The children of our community enter and exit their homes onto Calio Bay, their school bus picks them up and drops them off just a few yards from the entrance of that towering building!!!! What will it take to get some responsible action from the council??? Was this "planned building" given any kind of consideration?? We think not! We trust that if any of the council members, or the Mayor lived in this area surely someone would have spoken up and deemed it more appropriate to move it closer to Washington Blvd and surely suggested having the FRONT of the building facing Washington. We hope that every day ,every council member has to pass that building and be reminded of what a BIG BOO BOO was made and how detrimental and long lasting that decision is to our community !The very least you should do is demand the developer install an entrance from Washington. Barbara Thomas and Glen Conlybarbaraethomas earthlink.n_et Why Wait? Move to Earth Link. 12/20/2005 Page I of I Wally Nesbit From: PDLaGreca@aol.com Sent: Tuesday, December 20, 2005 10:59 AM To: Wally Nesbit Subject: Caleo Bay Drive Medical Office Building Dear Mr. Nesbit, Please do everything you can to insure that a driveway for this building is on the Washington St. side. The traffic on Caleo would be unbearable and more than likely contribute to congestion and possible accidents. Thank you, Phil La Greca 78865 Via Trieste La Quinta, CA 92253 (760) 771-5910 12/20/2005 Wally Nesbit From: David Trimble [drdavidtee@hotmail.coml Sent: Tuesday, December 20, 2005 1:42 PM To: Wally Nesbit Subject: medical bldg. on caleo bay Dear Mr. Nesbit, We have been concerned from the day the building walls went up that the entrance to the parking lot from Caleo Bay was going to create a terrible bottleneck on that road. With entrances to the parking lots of other business along Washington St. we see no reason that the medical building should not have an entry from Washington St.. Please take this into your consideration this evening during your hearings. We at Lake La Quinta are very concerned with the congestion already being experienced on Caleo Bay. Today, I was almost hit while I was turning into Lake La Quinta as the oncoming driver was driving in the center lane, where I was sitting. That person had to swerve to avoid hitting me head on. Thank you for taking time to present this for me tonight at the meeting. Sincerely, David A. Trimble 47-850 Via Jardin L. Q. 92253 Express yourself instantly with MSN Messenger! Download today - it's FREE! http://messenger.msn.click-url.com/go/onm00200471ave/direct/Ol/ Q"Krcu OFTKF� COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Consideration of Re -appointment of Robert Leidner to the La Quinta Community Services Commission RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: M The term of Community Services Commissioner Robert Leidner expired as of June 30, 2005. Mr. Leidner was appointed in January of 2004. Due to the on -going discussions with regard to consolidating the Cultural Arts and the Community Services Commissions, re -appointments were put on hold pending a City Council determination. The City Council recently appointed Andrea Gassman to the Community Services Commission and Mr. Leidner has respectfully requested re -appointment to fill the five member commission which resumed meeting on December 19, 2005. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Re -appoint Robert Leidner to the City of La Quinta Community Services Commission for a term which will expire June 30, 2007; or 2. Do not re -appoint Robert Leidner to the City of La Quinta Community Services Commission for a term which will expire June 30, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, June Greek, City Clerk Approved for submission by: Thomas P. Genovese, City Manager BUSINESS SESSION ITEM: ORDINANCE NO. 424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CALLE ESTADO, LLC DEVELOPMENT AGREEMENT 2005-008 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta did, on the 22n' day of November, 2005, hold a duly noticed Public Hearing to consider the Development Agreement, and did in fact adopt Planning Commission Resolution 2005-065, recommending approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 6th day of December, 2005, hold a duly noticed public hearing to consider the Development Agreement Amendment; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for Village Use Permit 2005-027, as approved and adopted under La Quinta Planning Commission Resolution 2005-033. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Village Commercial, which permits variations to the City's parking requirements. The proposed parking provisions of Village Use Permit 2005-027, in conjunction with approval of this Development Agreement, will provide assurance that the intent of applicable land use regulations are met by the project. Ordinance No. 424 Development Agreement 2005-008 Calle Estado, LLC Adopted: December 20, 2005 Page 2 3. The proposed Development Agreement conforms to the public convenience and the general welfare, by providing the means for public parking improvements, and conforms to good land use practice by requiring an acceptable alternative for the provision of parking, to accomplish development of the contemplated commercial project. 4. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals, specifically Village Use Permit 2005-027, to provide for necessary and desirable improvements, with these approvals incorporated herein. 5. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property, nor the preservation of area -wide property values, but conversely, will enhance them by encouraging planned, phased growth. 6. Approval of this Development Agreement will have a positive fiscal impact on the City, as it will provide supplemental funding towards necessary public parking improvements in the Village at La Quinta, which might otherwise be unattainable given currently available funding sources. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. Ordinance No. 424 Development Agreement 2005-008 Calle Estado, LLC Adopted: December 20, 2005 Page 3 SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use Permit 2005-027, as a Categorical Exemption under the Guidelines for Implementation of the California Environmental Quality Act, Section 15332 (Infill Development), was confirmed and adopted by the Planning Commission under Planning Commission Resolution 2005-033. Said determination, along with the approval for Village Use Permit 2005-027, was adopted by Planning Commission on July 26, 2005. The Development Agreement does not involve changes to the project itself, and there have been no changes in circumstances or new information regarding the project or its setting that would require any subsequent environmental review, pursuant to Section 15162 of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20' day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 424 Development Agreement 2005-008 Calle Estado, LLC Adopted: December 20, 2005 Page 4 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 424 Development Agreement 2005-008 Calle Estado, LLC Adopted: December 20, 2005 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ► § CITY OF LA QUINTA 1 I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.424 that was introduced at a regular meeting on the 61h day of December, 2005, and was adopted at a regular meeting held on the 20' day of December, 2005, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on October 22, 2004, pursuant to City Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California REPORT/INFORMATIONAL ITEM: i, /-- MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 8, 2005 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Ladner 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, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the Joint Meeting of October 25, 2005. Commissioner Quill asked that Page 2, Paragraph 2 be amended to read, "...converting to irrigation controllers..."; Paragraph 7, add his comment regarding pavement damage; Page 5, Paragraph 2 changed to read, "...approved in the City to date..." There being no further corrections, it was moved and seconded by Commissioners Quill/Daniels to approve the minutes as corrected. Unanimously approved. B. Chairman Kirk asked if there were any changes to the Minutes of the October 25, 2005 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: EN Continued - Environmental Assessment 2005-537 and Tentative Tract Map 33085; a request of Core Homes, LLC for consideration of: 1 ) G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 Certification of a Mitigated Negative Declaration of environmental impact; and 2) the subdivision of 4.3 acres into seven single-family lots for the property located at the southwest corner of Madison Street and Beth Circle, north of Avenue 52. 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. Staff noted Condition No. 71 was modified to state south and west property lines. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked for clarification as to whether or not there were approved tracts in the City of Indio that were 3.5 units to the acre. Staff stated the applicant could answer that better, but the notations indicated there were approved maps. Chairman Kirk stated to his knowledge, there were no approved tracts, but an approved specific plan that generally allows three to three and a half units to the acre. 3. Commissioner Alderson asked about the perimeter trees. Staff explained the layout of the landscaping. 4. Commissioner Daniels asked if Beth Circle was to be a public street. Staff stated no, it will be a gated entry for this tract and the tract to the north and the maintenance will be worked out between the two tracts. Commissioner Daniels asked about the radius at the northern end of the hammer head. Staff stated no concerns were raised by the Fire Marshall or the Public Works Department. 5. Commissioner Ladner noted she was absent at the last meeting and asked the density of the tract to the north. Staff stated it was between .8 and .9 units to the acre. This tract is 1 .6 units to the acre. 6. Chairman Kirk asked if this figure was net dwelling units to the acre. Staff stated the lots are about eight tenths of an acre. Chairman Kirk asked if there were any additional discussions regarding retention. Assistant City Engineer Steve Speer stated no, there has been none. �' 14 G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 7. Commissioner Alderson asked if the gating off Madison Street has been approved by the tract to the north. Staff stated that to staff's knowledge this has been done, but a condition has been added to the tract to require the gated entry. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, representing the applicant, gave the history of the project site and surrounding properties. Mr. David Neale, owner of the property reviewed the modifications that had been made to the tract map based on the Commission's comments from the last meeting. 9. Chairman Kirk asked if there were any questions of the applicant. Commissioner Alderson asked for clarification on whether there were one or two rows of trees on the outside of the perimeter wall. Staff reviewed the location of the trees on the site plan. 10. Commissioner Quill noted the trees do not fit the grid as shown conceptually. Staff noted they will be relocated to accommodate the site plan. Mr. Turner further explained the tree planting scheme. 1 1. Chairman Kirk asked staff to clarify whether the Code requires the applicant to provide a full landscape plan at this stage. Community Development Director Doug Evans stated that it does not. The applicant was directed by staff to bring back a landscape plan that would be acceptable to the Commission in evaluating the project. Chairman Kirk asked staff to consider the process as applications are submitted to the City to require more detailed landscape plans early on in the process. 12. Commissioner Quill asked if an applicant could pull grading permits at the tentative tract phase prior to the Commission reviewing a landscaping plan. Associate Planner Wallace Nesbit stated they can obtain clearing and grubbing permits. If they choose, they could pull every tree out at this point without a tract map approval. 13. Chairman Kirk asked if anyone else would like to address the Commission. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the discussion among the Commission. G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 14. Commissioner Alderson commented the landscape plan is an excellent design and he still supports the project. 15. Commissioner Ladner stated she does not see any impact of this tract to the neighboring properties. She has no objection to the half acre parcels. 16. Commissioner Quill asked that a modification to the conditions be added to require the trees on Madison Street be kept in the parkway in their current location so as not to relocate them. 17. Commissioner Daniels suggested the wall meander to keep the trees. 18. Following discussion, it was moved and seconded by Commissioners Alderson/Ladner to adopt Planning Commission Resolution 2005-055 recommending certification of Environmental Assessment 2005-537, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 19. It was moved and seconded by Commissioners Quill/Ladner to adopt Planning Commission Resolution 2005-056 recommending approval of Tentative Tract Map 33085, as recommended and amended: a. Condition #90: Modified to require the perimeter wall be meandered to save as many of the perimeter trees in the parkway in their current location without damage to the trees or root ball. Also the average setback of 32 feet on Madison Street and Beth Circle shall be retained. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Conditional Use Permit 2004-085, Extension #1 ; a request of Nextel of California for consideration of a time extension to construct a 230 square foot one-story unmanned telecommunication building and 60-foot high antenna, camouflaged as a palm tree for the property located at the southwest corner of Avenue 54 and Madison Street. . G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 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. There being no questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Halminski, representing Nextel, stated he was available to answer any questions. 3. Commissioner Quill asked why they were asking for an extension. Mr. Halminski explained. 4. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. John Gamlin, representing Madison Club, stated he believes this is a welcome service, but he is concerned with aesthetics as this will be in a viewshed. They believe there has been some liberty taken with what is considered to be the height of the palm trees. They need to have a condition added to require them to add more mature trees to be more in line with the height of the proposed tower. 5. Commissioner Daniels asked how fast the palms trees will grow. Staff stated normally one to two feet per year. Commissioner Daniels asked that the trees be 40-50 feet when planted. Mr. Halminski stated they are agreeable with installing the 45-50 foot tree. 6. It was moved by Commissioners Ladner/Alderson to adopt Planning Commission Resolution 2005-057, approving Conditional Use Permit 2004-085, Amendment No. 1, as amended: a. Condition adding: Two of the adjoining Palm Trees shall be a minimum of 45 feet upon installation. ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC Minutes\11-8-05.doc Planning Commission Minutes November 8, 2005 IX. COMMISSIONER ITEMS: A. Review of City Council meeting of November 1, 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 November 22, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:53 p.m. on November 8, 2005. Respectfully submitted, Bett �J,.S 2yer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\11-8-05.doc MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 22, 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 Quill to lead the flag salute. B. Present: Commissioners Richard Daniels, Kay Ladner, Paul Quill and Chairman Kirk. It was moved and seconded by Commissioners Daniels/Ladner to excuse Commissioner Alderson. Unanimously approved. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Principal Planner Fred Baker, Associate Planners Wallace Nesbit and Andrew Mogensen, Planning Consultant Nicole Criste, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any changes to the Minutes of the November 8, 2005 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Draft Environmental Impact Report 2005-539, Specific Plan 2005-075, Conditional Use Permit 2005-092, Tentative Parcel Map 33960, and Site Development Permit 2005-833; a request of Costco Wholesale and Komar Investments for consideration of: 1) Recommending to the City Council its Findings regarding the Draft Environmental Impact Report; 2) recommending approval of the Komar Desert Center Specific Plan G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 creating development guidelines and standards for a commercial development; 3) recommending approval of a Conditional Use Permit allowing a store over 50,000 square feet, fueling station, and a tire sales and services store; 4) recommending approval of the subdivision of + 26.53 acres into four lots; and 5) recommending approval of a Site Development Permit for a 149,739 square foot store and a four bay fueling station, for the property located south of Highway 1 1 1 and Depot 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. City Attorney Kathy Jenson noted that in regard to the Site Development Permit for the west property line, it is unknown what type of development will be on this site, but the site does allow for a high density affordable housing development as well as commercial. Therefore, staff is recommending an addition to Condition #81 that states: "If, at the time Costco installs its lighting, and the Community Development Department Director is relatively certain there will not be a residential development to the west of this site, the lights for the Costco parking lot could be 35 feet." With regard to traffic and the four intersections that staff stated would remain significant after mitigation, at the Highway 111 and Jefferson Street intersection, the EIR states there is a potential that it will not be significant, but because the improvements for one leg of that intersection are under the jurisdiction of the City of Indio, the EIR outlines it could be significant if Indio does not implement improvements for which they have funding. In regard to Highway 1 1 1 and Washington Street, there has been a mitigation measure outlined in the EIR that does mitigate the project's incremental increase, but does remain significantly impacted. The impact on the other two intersections would be mitigated to less than significant. 2. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Peter Clement, Costco Wholesale, gave a presentation on the project. He asked that Condition #76 of the Site Development Permit be changed to read "36-inch box trees be used against building and 24-inch box can be used in the parking lot." He went on to introduce Mr. Jeff Wilson, architect for the project, who gave a presentation on the building design; and Mr. G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 Brad Lenahan, landscape architect, who gave a presentation on the landscaping. 3. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked what costs staff was referring to on Page 9 of the staff report "been deemed infeasible due to construction costs and right-of-way restrictions". City Attorney Kathy Jenson stated one problem is that the right-of-way needed would require the acquisition of property at the intersection. Right- of-way acquisitions would be extreme. The restriping option outlined in the EIR on Page 27 was developed to allow this project to mitigate its incremental increase without having to address the bigger problem at this intersection. Commissioner Daniels stated he had a concern in regard to the size of this parcels adjoining this site in regard to what type of development would occur. Community Development Director Doug Evans stated the property to the west could be a combination of residential and commercial, but currently there are no plans. The property to the east is in the City of Indio that does have a plan for mixed commercial. In regard to the overall traffic, the challenge at Washington Street is that if you mitigate the peak hours, there will be so many lanes a pedestrian could not cross the street. As other properties are developed and the peak hour becomes a challenge, people will find other roadways that have the capacity. When you try to reduce Washington Street down to the 2020 capacity, it will be extreme. Commissioner Daniels asked if the alternative would be to move it to alternative streets. He asked if it was feasible to open the driveway to the west, so any trips would be able to get there without going onto the Highway 1 1 1 . Community Development Director Doug Evans stated an easement was part of the discussions to get the traffic to Dune Palms Road as well. Commissioner Daniels asked about a roadway across the wash to Jefferson Street. Community Development Director Doug Evans stated the City did not analyze this as it is not in the City. Mr. Del Huntington, Kittelson and Associates, traffic engineer for the project, stated that if there were a connection directly across to Jefferson Street there would be significant improvements to the intersection and the amount of traffic on Highway 111 which would create a release valve. City Attorney Kathy Jenson clarified that on Page 9 of the staff report, it should state, "Four intersections will have significant impact without mitigation..." Pages 4-10-27 to 28 of the EIR outline the mitigation measures for G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 the four intersections. There are mitigation measures for all the intersections which will reduce the project impact with regard to the Indio branch/leg of Jefferson Street and Highway 111 intersection, but the City cannot control what Indio does. There is a conclusion that it does still have a significant impact, but there is mitigation in place that hopefully will mitigate any potential impacts. Also, with regard to the 2020 figure analysis in the EIR, it assumes the adjacent sites are developed consistent with the zoning. 4. Chairman Kirk asked if the City ever considers mitigation measures that are out of the City limits with respect to other issues. City Attorney Kathy Jenson stated a condition has been added for the developer to provide a reciprocal easement at the edge of the property, but until there is a project we are unable to define where the access should be. Chairman Kirk asked if the City has an opportunity when there is a common property owner to mitigate off -site across that property. City Attorney Kathy Jenson stated the Commission can require that access, but the City of Indio may not want the curb cuts onto Jefferson Street and at this time she does not know whether or not Indio will allow those curb cuts. Assistant City Engineer Steve Speer stated the City of Indio would have to agree to anything the City requested of the applicant for that portion of the property. 5. Commissioner Daniels asked if there have been any discussions with the City of Indio regarding this access. Staff noted Indio was given the Notice of Preparation of the Draft EIR and Indio's letter is included in the report. 6. Commissioner Quill noted other projects where the two cities had to work together to resolve such issues. It seems that a mitigation measure requiring an access across the Flood Control Channel out to Jefferson Street would make sense. It does appear that, in listening to the traffic engineer a mitigation measure that could improve the Level of Service "F" condition at Highway 1 1 1 and Jefferson Street is to provide access to Jefferson Street. He does not understand why it is not addressed in the Draft EIR. City Attorney Kathy Jenson stated a condition could be added requiring the access and the applicant would make its best effort to comply. Assistant City Engineer Steve Speer stated the property owner, Komar, may have some suggestions. Mr. Jim Brockman, G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 representing Komar, identified the Komar property boundaries on the map. He further stated that when they obtained approval for the Mobile gas station at the southwest corner of Jefferson Street and Highway 1 1 1 they gave the City of Indio an easement that would allow for the installation of a signal across from the Indian Wells Mobile Home Park. This signal will be triggered when they submit their development plans for the property to the south of the gas station and they connect the two sites on both sides of the Channel. 7. Chairman Kirk questioned why this information was not included in the traffic study. Del Huntington stated he was not aware of Komar's intention to cross the Channel. He went on to explain that when Highway 1 1 1 is widened to six lanes it will lessen the impact even without this crossing. 8. Commissioner Quill stated his concern is that this project will be able to stand alone even if the access across the Channel is not built. We may not be able to dictate what happens in another city, but we should be able to ensure that it develops to our advantage. Community Development Director Doug Evans stated the City of Indio traffic did submit an extensive list of issues and this connection point was not raised by them. We do not try to create mitigation measures where another city could hold up a project. When Komar goes through their entitlement process with the City of Indio, La Quinta will have an opportunity to comment on its development. We did consider all the streets over as far as Madison Street in the City of Indio. 9. Chairman Kirk asked if the site plan for this site would be the same design if it was known there was a crossing intended by Komar across the Channel. 10. Commissioner Quill asked how pedestrian circulation from Costco to the commercial development to the north of Costco. Mr. Clements stated it is by walking through the parking lot on the islands. 1 1 . Chairman Kirk noted Commissioner Alderson had raised a concern to him that the Costco gas station stacking and the narrowing of the throat where the delivery traffic is proposed may be to narrow; do they anticipate any problems. Mr. Clements noted other n �+ G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 Costco gas station sites where the site is designed the same and there are no problems. Chairman Kirk asked if the loading could be accommodated in the rear of the building. Mr. Clements explained it is inefficient for the interior of the store mechanism. Chairman Kirk asked how they intend to mitigate the loading dock on the front of the building. Mr. Clement noted the landscaping buffers. 12. Commissioner Ladner stated her concern was the cars backing up at the entrance to the fueling station. She asked if there were two lanes at the entrance or one. Mr. Clements noted the width of the driveway is for two cars. It is their belief this gas station is ample for the amount of business they anticipate. With the construction of this store/gas station it will relieve a lot of the congestion currently at the Palm Desert store. 13. Chairman Kirk asked if the reciprocal easement with the property to the south of the fueling station becomes a throughway to Dune Palms Road, does staff know what the impact will be at this intersection. Mr. Huntington stated that when the adjacent property is proposed for development, a traffic study will be prepared addressing this future condition. Chairman Kirk asked if the internal circulation would change if there was an access over to Jefferson Street over the Channel. Mr. Huntington stated no, he believes the site works well as designed, with or without that access. 14. Commissioner Quill asked if the site across the Channel is developed, is there any proposed location of where the access would cross the Channel. Mr. Brockman stated it was determined when they obtained approval for the Mobile gas station by the City of Indio to be across from the Indian Wells Mobile Home Park. City Attorney Kathy Jenson stated Condition #13 provides the best access to the west. Discussion followed regarding circulation. 15. Chairman Kirk asked why the parking spaces exceeded what was required by the City. Mr. Clements noted they have found that their needs normally exceed city standards. 16. Commissioner Quill noted his concern regarding the 35 foot high parking lot light standards and asked what other commercial sites in the City had lights at this height. Staff noted Super Wal-Mart G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 and Sam's Club. Commissioner Quill confirmed this is a masonry building and not a tilt up. Mr. Wilson confirmed it was masonry. 17. Chairman Kirk stated he does not see any strong vertical elements on the building. Mr. Wilson noted the elements are higher than what they would normally design. The taller you go the more bracing is required on the building. He went on to review the design elements. Chairman Kirk noted the renderings appear to be very pedestrian friendly and yet the site plan shows a great separation between the buildings. He asked if staff was requesting the larger trees in the parking lot. Staff stated it is a recommendation. 18. Commissioner Quill noted along Highway 1 1 1, the curb is adjacent and he would rather see the sidewalk meandering through the parkway. He asked what type of canopy trees were proposed for the parking lot. Mr. Lenahan identified the trees. 19. Chairman Kirk asked why planters were not shown on certain bays. Mr. Wilson stated no specific reason except meeting the City's conditions. Chairman Kirk asked if there had been any discussion regarding the park place where the art in public places would be installed. Mr. Clements stated conversations have been such as Costco will be dedicating the area and the City will either do a landscaped area or place an art feature. Community Development Director Doug Evans explained the alternatives they were discussing with the applicant. 20. Commissioner Quill asked if Costco had any plans for seasonal stocking of merchandise in regard to storage containers. Also, where would the empty trailers be located after they are unloaded. Mr. Clements stated they do not utilize the storage containers and the empty trailers are kept in the loading zone until they are removed from the site. Commissioner Quill asked for an assurance that there would not be any unsightly trash at the rear of the building. Mr. Clements stated they would be amenable to a condition that prohibits any such storage as long as they are allowed to screen an area for pallets. Commissioner Quill asked that all improvements along Highway 1 1 1 , including the signal and all turn pockets be 100% complete prior to a Certificate of Occupancy being issued. �„ ... o G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 21. Chairman Kirk asked if the fueling station canopy could be architecturally designed to be more dramatic. Mr. Wilson stated typically it is not something they would do. They would normally try to minimize the structure. 22. Chairman Kirk asked if the EIR analysis had identified any other locations for this project that would mitigate the traffic concerns. City Attorney Kathy Jenson stated no, the alternative site was on Washington Street and Fred Waring Drive which was worse. 23. Commissioner Quill asked about the two vacant sites along Highway 111 that belong to Komar in regard to aesthetics. He would like to see that they are kept clean while they are vacant and not under construction. Mr. Brockman stated they would be amenable to any conditions requiring them to maintain the lots free of debris. Mr. Clements stated the site will be treated for dust control. It is also their understanding that Komar's application is to be submitted shortly. 24. Chairman Kirk asked if anyone else would like to address the Commission. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the discussion among the Commission. 25. Commissioner Ladner commended the applicant on their design. She has no objection to the applicant's request to allow the 24 inch box trees. 26. Commissioner Daniels stated his biggest concern has been the traffic and he believes staff has addressed those concerns along with the applicant's intention to create a roadway across the Channel as this will alleviate a lot of the traffic. He agrees with meandering the sidewalk back away from Highway 1 1 1 . 27. Commissioner Quill requested a condition be added that there will be no exterior storage without subsequent approval by the Commission. And, if any outdoor storage is requested by Costco, the request should be brought back to the Commission for approval. He would like to know the type of shade trees proposed -to be used for the parking lot shade trees. He would also like language added regarding the access across the Channel to Jefferson Street. A condition added that the vacant pads for r�r2 G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 Parcels 1 and 2 shall be treated and vehicle access to them limited until the sites are developed. He agrees with the 24 inch box trees being used in the parking lot. 28. Chairman Kirk thanked all the entities who were involved with the project for their work and commended the applicants on their Specific Plan and elevations. His concerns were related to the transportation impacts, but he realizes there is no alternative location where you would not have these issues. He is still concerned that the environmental traffic analysis did not consider the crossing over the Channel which is owned by the same property owner. He will not be voting in favor of the EIR for that reason. He then went over the conditions discussed as follows: the Commission agrees with allowing the 24 inch box trees, the Phase 2 and 3 pads shall be maintained free of debris; If any storage is proposed behind the buildings it shall be screened consistent with the remaining Center; the loading bays in the front of the building shall have landscape screening. Planning Manager Les Johnson noted the landscape feature for the public art in the front of the project could be increased to keep the loading bays out of the direct line of site. Chairman Kirk asked if the final landscaping plan could be brought back to the Commission. Staff stated the final landscape plan would be brought back to the Commission. Chairman Kirk stated he would like to see the landscaping increased in the parking lot given the amount of asphalt on the site. He would like to see the shade increased to 60-65%. Community Development Director Doug Evans noted that by increasing the percentage of shade trees, it could create a bigger problem. Chairman Kirk stated this could be addressed when the landscaping plan is brought back. In addition, he would like to see some additional landscaping at the fueling station considered as well. 29. Following discussion, it was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-058 recommending to the City Council its Findings regarding the Draft Environmental Impact Report 2005- 539. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Quill. NOES: Chairman Kirk. ABSENT: Commissioner Alderson. ABSTAIN: None. G:\WPDOCS\PC Minutes\11-22-05.doe Planning Commission Minutes November 22, 2005 30. It was moved and seconded by Commissioners Ladner/Quill to adopt Planning Commission Resolution 2005-059 recommending approval of Specific Plan 2005-075, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. 31. It was moved and seconded by Commissioners Ladner/Quill to adopt Planning Commission Resolution 2005-060 recommending approval of Conditional Use Permit 2005-092, as recommended and amended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. 32. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-061 recommending approval of Tentative Parcel Map 33960, as recommended and amended: a. Condition #3 modified to read: "The applicant is hereby notified that prior to the issuance of any grading, construction, or building permit by the City or other agency, it may be necessary to obtain necessary clearances and/or permits from the following agencies:" b. Condition #6: Delete "Prior to issuance of any permit(s)". C. Condition #22.f.: Modify the existing traffic signal at the Highway 1 1 1 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1 , a dual left turn for westbound Highway 1 1 1 to southbound Depot Drive, and any ancillary street improvements conditioned herewith and as approved by Caltrans." d. Condition #23: Deleted. e. Condition #45: The applicant shall construct the following street improvements to conform with the City of La Quinta's General Plan (street type noted in parentheses.) A. OFF -SITE STREETS G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 1) Highway 1 1 1 (Major Arterial — State Highway, 140' ROW): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the City of La Quinta General Plan, the requirements of these conditions and as required by Caltrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Highway 111 at the Highway 1 1 1 /Depot Drive intersection. The south curb face shall be located sixty six (66`) south of the centerline and length as approved by Caltrans. b) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty six feet (66') south of the centerline and length as approved by Caltrans. c) A bus turnout on Highway 1 1 1 east of the Highway 1 1 1 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 111 right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1 , a dual left turn for westbound Highway 111 to southbound Depot Drive, and any street improvements conditioned herewith and as approved by Caltrans. g) A bus shelter on the south side of Highway 1 1 1 , west of Depot Drive to be constructed in accordance with the City's Highway 1 1 1 Design Guidelines. h) A 24 - foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant shall install interim intersection and signal improvements at the Highway 111 and Depot Drive intersection as approved by G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north - south crosswalk crossing Highway 1 1 1 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. The applicant shall extend improvements beyond the tentative parcel map 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). Pursuant to this condition, the applicant shall construct street improvements along the north leg of the Highway 1 1 1 /Depot Drive intersection including widening of Depot Drive signing and striping and signal modification required for the ultimate street improvement configuration but excluding additional property acquisition for right-of-way. The applicant shall enter into a reimbursement agreement for their fair share of street improvements required on Highway 111 conditioned of any parcels created by the future Parcel Map. The applicant is responsible for construction of all improvements mentioned above. Entry drives, main interior circulation routes, 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. G:\WPDOCS\PC Minutes\11-22-05.doc (n 7 Planning Commission Minutes November 22, 2005 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. 33. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2005-062 recommending approval of Site Development Permit 2005-833, as recommended and amended: a. Condition #3 modified to read: "The applicant is hereby notified that prior to the issuance of any grading, construction, or building permit by the City or other agency, it may be necessary to obtain necessary clearances and/or permits from the following agencies:- b. Condition #6: Delete "Prior to issuance of any permit(s)". C. Condition #22.f.: Modify the existing traffic signal at the Highway 1 1 1 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1, a dual left turn for westbound Highway 1 1 1 to southbound Depot Drive, and any ancillary street improvements conditioned herewith and as approved by Caltrans." d. Condition #44: The applicant shall construct the following street improvements to conform with the City of La Quinta General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Highway 1 1 1 (Major Arterial - State Highway, 140' ROW): Widen the south side of the street along all frontage adjacent to the Specific Plan boundary to its ultimate width on the south side as specified in the City of La Quinta General Plan, the requirements of these conditions and as required by CalTrans. The south curb face shall be located fifty eight feet (58') south of the centerline, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Highway 111 at the Highway 1 1 1 /Depot Drive intersection. The south curb face shall be located sixty six (66') south of the centerline and length as approved by Caltrans. G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 b) A deceleration/right turn only lane at the Secondary Entry Driveway. The south curb face shall be located sixty six feet (66') south of the centerline and length as approved by Caltrans. c) A bus turnout on Highway 111 east of the Highway 111 /Depot Drive intersection as required by SunLine Transit Agency and as approved by Caltrans. Other required improvements in the Highway 111 right or way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Modify the existing traffic signal at the Highway 111 and Depot Drive intersection to accommodate for a dual left turn for northbound Depot Drive traffic to westbound Highway 1 1 1, a dual left turn for westbound Highway 111 to southbound Depot Drive, and 2 G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 any street improvements conditioned herewith and as approved by Caltrans. g) A bus shelter on the south side of Highway 1 1 1 , west of Depot Drive to be constructed in accordance with the City's Highway 111 Design Guidelines. h) A 24-foot wide raised landscaped median along the entire boundary of the Specific Plan plus variable width as needed to accommodate a dual left turn for the westbound Highway 111 turning left to southbound Depot Drive. The length shall be as required by Caltrans but a minimum 250 feet. The raised landscaped median may be deferred until the City of La Quinta's Highway 111 Widening project from Adams Street to Jefferson Street as required by Caltrans and the City Engineer. The applicant shall install interim intersection and signal improvements at the Highway 111 and Depot Drive intersection as approved by the City Engineer. As a minimum, the applicant shall provide split phase traffic signal operation for northbound and southbound Depot Drive traffic and relocate the north -south crosswalk crossing Highway 111 to the east side of the intersection. Ultimate street improvements and signal modification shall be implemented once sufficient right of way is obtained to accommodate all turn movements per Item f above. The applicant shall extend improvements beyond the tentative parcel map 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). Pursuant to this condition, the applicant shall construct street improvements along the north leg of the Highway 111 /Depot Drive intersection including G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 signing and striping and signal modification required for the ultimate street improvement configuration but excluding additional property acquisition for right-of- way. The applicant is responsible for construction of all improvements mentioned above. Entry drives, main interior circulation routes, 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 e. Condition #76: Modified to allow 24 inch box trees in the parking lot. f. Condition #81 amended to read: "The applicant shall install building mounted and parking lot lighting located within 100 feet of the property line to the east, west and south of the Costco building to be no more than 21 feet in height." And add, "If, at the time Costco installs its lighting, the Community Development Department Director is relatively certain there will not be a residential development to the west of this site, the lights for the Costco parking lot could be 35 feet." g. Condition #82: Prior to issuance of a grading permit, the applicant shall submit a revised site plan for the area from the Highway 111 bus shelter to the north edge of the Costco parking field to be approved by the Community Development Director. This shall include a path of pedestrian travel from the Highway 1 1 1 bus shelter to the north edge of the Costco parking field, unobstructed access points across the east- west driveway on the north side of the parking field connecting the walkway to the Costco store and also to the future building areas 1 and 2; the lane striping for the main driveway, and landscape planter redesign to accommodate potential public art and/or a landscape feature. h. Condition added: At no time shall storage be allowed behind the building without screening consistent with the rest of the Center. i. Condition added: Applicant shall provide an easement for the potential placement of public art and or a landscape feature as identified in Condition No. 82. G:\WPDOCS\PC Minutes\11-22-05.doe Planning Commission Minutes November 22, 2005 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. Chairman Kirk recessed the meeting at 9:17 p.m. and reconvened the meeting at 9:26 p.m. B. Environmental Assessment 2005-545 and Tentative Tract Map 33717; a request of Quadrant, Inc. for consideration of the subdivision of 4.6 acres into 17 single-family lots and other parcels for the property located on the south side of Avenue 58, west of Monroe Street. 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. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Serko Khatchadourian, the applicant, stated he was available to answer any questions. 3. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. There being no further public comment Chairman Kirk closed the public participation portion of the hearing and open for Commission discussion. 4. Chairman Kirk asked if there were any reciprocal accesses. Staff stated there was currently none. 5. Commissioner Daniels asked what is being developed to the south. Staff noted there was a vacant 40-acre parcel and no tract is proposed at this time. Commissioner Daniels asked if this project could be required to have an easement to the property to the south. Assistant City Engineer Steve Speer stated that if we are going to allow private streets, it is very difficult to require an easement. Each project needs to stand alone. 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-063, recommending certification of a Mitigated Negative Declaration of environmental G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 impact for Environmental Assessment 2005-545, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. 7. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-064, recommending approval of Tentative Tract Map 33717, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None Chairman Kirk excused himself due to a potential conflict of interest due to the proximity of his residence and left the dais. C. Development Agreement 2005-008; a request of Calle Estado, L.L.C. for consideration of a Development Agreement for parking management, to allow construction of a + 10,709 gross square foot two-story retail/office building in the Village as approved under Village Use Permit 2005-027 for the property located at the southwest corner of Calle Estado and Desert Club Drive. 1 . Vice Chairman Quill 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. There being no questions of staff Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. David Brudvik, stated he was available to answer any questions. 3. There being no questions of the applicant, Vice Chairman Quill asked if there was any other public comment. There being no further public comment the public participation portion of the hearing was closed and open for Commission discussion. 4. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2005-065, approving Development Agreement 2004-008, as recommended: G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioner Alderson and Chairman Kirk. ABSTAIN: None. Chairman Kirk rejoined the Commission. D. Specific Plan 2005-076 and Village Use Permit 2005-030; a request of Borrego Resort Holdings, Inc. for direction whether to proceed with a General Plan Amendment to allow up to 25 units per acre in the Village Commercial land use designation for a 31-unit project consisting of 3.5 stories, up to 47.5 feet in height with underground parking, on a 1.23 acre site for the property located on the south side of Calle Tampico, between Avenida Villa and Avenida Navarro. 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 and noted this was a policy issue in regard to a specific project. 3. There being no questions of staff Chairman Kirk asked if the applicant of the proposed project would like to address the Commission. Mr. Del Oakes, Knitter and Associates, representing Borrego Resort Holdings, Inc., gave a presentation on the project. 4. Commissioner Quill commented this type of project is what is needed in the Village. His concern would be with the height of the buildings in the Village and wonders why it is not a part of the General Plan Amendment discussion. He would like to see more of this type of development in the Village. 5. Commissioners Ladner and Daniels agreed. It would support the commercial in the Village. 6. Chairman Kirk noted Commissioner Alderson did not support the density requested. 7. Chairman Kirk stated he too would support the Amendment. He would have more intense questions in regard to the project itself. G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 He would encourage staff to look more at design rather than density. Form based codes may make more sense in this instance. The public facade is more important than the uses. The City needs to ensure the public street scene is consistent in regard to landscaping, arches, entry points. Chairman Kirk stated his concern that increasing density would increase the property values which can prohibit development. 8. Commissioner Quill stated his concern is not density, but the design. He thinks there is a need to encourage an architectural style in the Village area. 9. Commissioner Daniels stated underground parking should be encouraged. 10. There being no questions, Chairman Kirk asked if there was any other public comment. Mr. Lucas Coronel, adjacent property owner, stated his concerns were height and density. This is the same height as the Embassy Suites project and this is to be 47 feet right in the middle of downtown, right next to the curb. It is a great concept but height should be a consideration. 1 1 . Ms. Audrey Ostrowsky, P. 0. Box 351, La Quinta, stated she does not understand how Mr. Coronel could object to this project. 12. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened for Commission discussion. 13. There being no further discussion, it was moved and seconded by Commissioners Daniels/Quill to accept Option 1 and directed staff to prepare a General Plan Amendment. Unanimously approved. E. Zoning Code Amendment 2005-083; a request of the City for consideration of an Amendment to Chapter 9.200.020 and 9.210.010 of the Municipal Code relating to Site Development Permits. 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. G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels clarified this action would happen once the appeal period had expired. City Attorney Kathy Jenson stated yes. Commissioner Daniels stated he did not believe this would resolve any of the issues that had instigated this action. 3. Chairman Kirk asked why it was before the Commission. It is a Council driven decision. Staff noted the Code requires it to go before the Commission. 4. City Attorney Kathy Jenson clarified that if no action was taken by the Commission, it would go forward to the Council with a report of no action being taken. She would recommend forwarding it to the Council as being there prerogative. 5. Chairman Kirk asked if there was any public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 6. It was moved and seconded by Commissioners Daniels/Quill to forward the matter to the Council. Unanimously approved. VI. BUSINESS ITEMS: A. Site Development Permit 2005-829, Landscaping Plan; a request of Tarlos and Associates for consideration of a revised landscaping plan for a Wendy's Restaurant located at the northeast corner of Auto Center Drive and La Quinta Drive. 1. Chairman Kirk asked for the staff report. Consulting Planner Nicole Criste 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. There being no questions of staff Chairman Kirk asked if the applicant would like to address the Commission. 3. There being no further discussion, it was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2005-01 5, approving the landscaping plans for Site Development Permit 2005-829, recommended. Unanimously approved. G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Review of City Council meeting of November 15, 2005. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 13, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:10 p.m. on November 22, 2005. Respectfully submitted, Betty Savvytr, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\11-22-05.doc t� REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting September 14, 2005 I 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: Board Members Lewis, Olander and Moulin ABSENT: Board Members Deniel and Mahfoud OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA - None. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on July 13, 2005 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of July 13, 2005. Motion carried unanimously. V. BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2005 June 2005: Mr. Falconer updated the Board on the investments that matured in the month June. Mr. Falconer informed the Board that the new GASB pronouncement (regarding interest rate risks) was implemented at the end of the fiscal year, which is reflected in the June Treasurer's Report. 0 !1 11) F.. R. Investment Advisory Board Minutes SEPTEMBER 14, 2005 Board Member Moulin stated that page 6 reflects yield for only one of the three T-Bills, which is listed under the "Summary of Activity." Mr. Falconer stated that the yield is reflected on the fiscal agent located on page 4, one of which is currently at 2.97% and the other at 3.29%. It was agreed that this should be reported as a Treasury Bills. Board Member Moulin suggested that the U.S. Government Securities title on page 5 read "U.S. Government Sponsored." Staff concurred. July 2005: Mr. Falconer updated the Board on the investments that were rolled for the month of July, which are reflected on page 17. The yield of maturity was a little over 4% and the maturing security was a little over 2.3%. Chairman Lewis advised staff that the graph on page 22 in comparison to the footnote on page 14 the annualized earnings, including the six month Treasury rate is at about 3.54%, the graph on page 22 reflects an earning at about 3.20%. Staff will verify the amounts. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for June and July 2005. Motion carried unanimously. B. Continuation of Distribution of Investment Policies for Fiscal Year 2005/2006 Mr. Falconer informed the Board that at the previous meeting in July, this item was not agendized; staff has brought this item back for the Board. There was some discussion about Appendix I and some of the language, staff researched what was adopted by the Council, and the first page is the page adopted by Council and the second page which was the page reviewed by the IAB at the July meeting. Staff has indicated the changes to be compared by the Board. Mr. Falconer stated that the comparison might answer a few of the questions asked at the July meeting. In response to Board Member Moulin, Mr. Falconer advised the Board that the portfolio manager would not be allowed to invest in LAIF. The second page of Appendix I does indicate cash as a "yes," as 2 0,13 Investment Advisory Board Minutes SEPTEMBER 14, 2005 opposed to the one approved by Council, which indicates cash as a 11 no. if Mr. Falconer stated that there was some discussion between Chairman Lewis and Board Member Moulin at the June meeting pertaining to some changes to Appendix I, which were made and incorporated into Appendix I for Council approval. MOTION — It was moved by Board Members Olander/Moulin to receive and file the 2005/2006 Investment Policy. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — August 2005 Mr. Falconer informed the Board that the draft financial statements from the auditors should be received the week of September 19, 2005. Noted and Filed B. Pooled Money Investment Board Reports — May and June 2005 Mr. Falconer stated that the LAIF portfolio is still currently at $61 billion. Noted and Filed C. Update on Fiscal Year 2005/2006 Investment Advisory Board Work Plan Mr. Falconer informed the Board that Board Member Moulin was at the Council meeting when the work plan was approved. The City Council did ask staff about cash utilization. Board Member Moulin stated that due to the current events, this does raise a question about a back up plan for the City, is it possible to add to the work plan. Staff did concur that this was a good idea. Noted and Filed 3 0 'A 2 1 Investment Advisory Board SEPTEMBER 14, 2005 Minutes VII BOARD MEMBER ITEMS Chairman Lewis informed the Board that he will not be in attendance at the October meeting and not sure if he will be in attendance at the November meeting. Chairman Lewis also informed the Board that there is a possibility he will be turning in his resignation from the Board by December. Chairman Lewis stated that in the event that he is not able to return, he thanked the Board and Staff. Mr. Falconer asked Chairman Lewis if possible can he give the City a definite date so that Council can possibly arrange some type of farewell. In response to Board Member Moulin, Mr. Falconer stated that there will be no Board members in attendance for the upcoming LAIF Conference. Chairman Lewis asked staff if the joint meeting with the City Council has been set. Mr. Falconer replied that the date has not been set. Board Member Moulin advised the Board and staff that he will not be available from October 13 through November 3, 2005. VIII Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:00 p.m. Motion carried unanimously. Submitted by, Vianka Orrantia Secretary 21J INVESTMENT ADVISORY BOARD Meeting October 12, 2005 I 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 Vice Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin and Vice Chairperson Deniel ABSENT: Board Members Lewis and Mahfoud OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA Board Member Olander requested that GSE's be added for discussion under Board Member items. Mr. Falconer requested that two items be added to the agenda, the resignation letter from Board Member Mahfoud, to be added to Section VI., as item C. and the second item is handouts from the LAIF Conference (attended by Mr. Falconer) to be added also to Section VI., as item D. In addition there are two revised pages to the Treasurer's Report, to be discussed under Section V., item A. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on September 14, 2005 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of September 14, 2005. Motion carried unanimously. V BUSINESS SESSION il 06 Investment Advisory Board Ocotober 12, 2005 Minutes A. Transmittal of Treasury Report for August 2005 Mr. Falconer informed the Board of the revised pages of the Treasurer's Report, pages 3 & 4. Upon review of the GSE's, staff noticed that the amounts were correct but the allocations between federal and home loan, (Farm Credit and Freddie Mac) were incorrect. Board Member Deniel stated that as of August 31 st, page 4 reflects $14 million in cash with no interest and asked staff why no interest is reflected. Mr. Falconer replied that the $14 million consisted of two items: one was a $10 million debt service payment, which was due on September 1 st and the second was from the sale proceeds from land for the new Sam's Club site, (located near the Super Wal-Mart), which is noted on page 9. The City received $5.9 million at the end of the month but was not allowed to invest these funds until September 1 St. Board Member Moulin suggested to staff that items such as these be footnoted. Board Member Deniel stated that on page 5, the service agent was at 31/2 million in the money market, which is invested at very low interest rate. Mr. Falconer clarified for the Board this page reflects the fiscal agent investment as indicated, which reflects money in T-Notes and T-Bills, currently being invested in a ladder manner. There are also some short- term monies held in some city housing projects and this is why these funds are kept short-term. Board Member Deniel asked staff if they direct the fiscal agent as to how much is to be kept "liquid". Mr. Falconer replied that the funds are held at U.S. Bank and they are directed, with the approval of the City Manager, as to what types of investments should be made. Mr. Falconer stated the funds under his management are traded through a fiscal agent. Board Member Deniel asked staff how much cash is placed in the City's account. Mr. Falconer replied that it varies month to month and is sometimes at a negative. General discussion ensued among the Board regarding the City's investments and their maturities. The Board commented that the City's buy and hold strategy expects that the returns will lag in a rising interest rate environment, and will out 1) 0 17 Investment Advisory Board Ocotober 12, 2005 Minutes perform in a declining market. General discussion ensued among the Board regarding the City' s buy and hold strategy. Board Member Deniel advised staff of the formula error on page 9, second column from the right, expenditure amount equals zero. Mr. Falconer replied that the number should read $571,081 .00, also affecting the LAIF balance. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for August 2005. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — September 2005 Mr. Falconer advised that page 2 currently reflects in the cash report a balance of negative $977,000 as of the end of September. Mr. Falconer also advised the Board of the current LAIF rates, which have begun to climb. Noted and Filed B. Pooled Money Investment Board Reports — July 2005 Board Member Olander stated that LAIF has cleaned out their commercial paper in the last couple of months. Noted and Filed C. Board Member Mahfoud's Resignation Letter Mr. Falconer informed the Board a resignation letter was received on October 4, 2005 from Board Member Mahfoud. Board Member Mahfoud had informed the Board at the August meeting that he would eventually be moving to the San Diego area. 3 Investment Advisory Board Minutes Ocotober 12, 2005 In response to Board Member Moulin, Mr. Falconer informed the Board that the City Clerk's office will advertise for the current Board vacancy. Board Member Moulin asked staff, with the tentative upcoming resignation of Board Member Lewis, placing the Board at an interim 3 members, will all three members have to be present to conduct business or are 2 required to be present to conduct business. Mr. Falconer replied that he will check with the City Clerk's office for clarification. (All three members will have to be present to conduct business.) Noted and Filed D. Correspondence from LAIF Conference Mr. Falconer reviewed for the Board the LAIF handouts. General discussion ensued by the Board regarding the handouts, LAIF's investments .and the current economy. Noted and Filed VIII BOARD MEMBER ITEMS Board Member Olander presented to the Board an article from the Wall Street Journal entitled "Adult Supervision, with failure to discipline Fannie Mae and Freddie Mac could lead Financial Meltdown." Board Member Olander also shared his ongoing concerns regarding Fannie Mae and Freddie Mac. With the current situation with Fannie Mae and Freddie Mac and current events (i.e. hurricanes, earthquakes, etc..) with $30 million in GSE' s how would the City' s portfolio fare, should the city tighten up in other areas. Board Member Moulin advised the Board that the accounting issue regarding Fannie Mae was largely a dispute on how they marked to market their obligations and commitments; these were balance sheet issues that do not affect cash flow. Freddie Mac was deferring income to smooth variance. Discussion continued by the Board regarding the article and its possible effects on the city's portfolio. It was agreed by the Board since the current rating is A-1 , P-1 that City did not have to make any changes to the portfolio at this time and will continue to monitor. 4 nA Investment Advisory Board Ocotober 12, 2005 Minutes VIII Adjournment MOTION - It was moved by Board Members Olander/Moulin to adjourn the meeting at 6:25 p.m. Motion carried unanimously. Somitteq b ° t..- Vianka Orrantia Secretary 5 f) *� 4o , a Department Report: I — A CV O� Twit -_- c� OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager -' O DATE: December 20, 2005 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the December 6, 2005, City Council meeting: 1. Ray Oden, 51240 Avenida Herrera, thanked the City for donating use of the Senior Center for a Neighborhood Watch Program meeting on December 14th at 7:00 p.m., and invited Council to attend. He also asked Council to consider some of the suggestions contained in his recent email to the Council members. The Council thanked Mr. Oden for hosting the program. 2. Ian Rhodes, 43905 Milan Court, and Scott Arthur, asked abcut the status of the School District grading project for the school property located adjacent to the Bella Vista tract. Mr. Arthur stated he prefers a new wall be constructed next to the street instead of replacing or adding to the height of his existing wall. • Council requested follow up by staff with the School District to ascertain the status of the grading project. 3. Ira Boiko, 44-750 Seeley Drive, requested an update on Vista Grande gate at the Indian Springs Apartments. • City Manager Genovese advised no change has taken place since the last update. Department Report: _ d I�G+G+f G�Gt/ 0F�'� TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager , t°z 1 DATE: December 20, 2005 RE: Department Report — Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During this calendar year, the City obtained $674,403 in grant awards. ■ California Integrated Waste Management Board The California Environmental Protection Agency's Integrated Waste Management Board (CIWMB) provided $15,775 in May, 2004 in grant funding for a rubberized surface beneath the future water feature at the La Quinta Park. The project was awarded to Davis Reed Construction in September, 2005, and is expected to be completed by the end of February, 2006. The new surface material will greatly improve child safety at the park, while reducing the number of used tires placed in landfills. On December 23, 2004, the City Council approved the application to CIWMB for an SB 1346 Rubberized Asphalt Concrete Grant for Fiscal Year 2004-05, in the amount of $50,000 for the Jefferson Street paving project. The City was notified in August 2005 that the project was approved for funding in the amount of $31 ,490. Yeager Skanska, Inc. has been awarded the project, which is currently under construction. ■ Department of Conservation The California Department of Conservation provided $10.5 million in funding through their City/County Payment Program beverage container recycling and litter cleanup projects for 2005/2006. The City Council approved the grant application for this program on June 7, 2005. The funds from this year's grant will be used to purchase recycled content building material to replace the wooden benches currently located on the Civic Center Campus. The City was awarded $8,888 for this project on August 2, 2005. ■ Edward Byrne Memorial Justice Assistance Grant Program (formerly known as the Bvrne Formula Grant and Local Law Enforcement Block Grant) This program is administered by the Federal Bureau of Justice Assistance for programs that prevent and control crime and improve the criminal justice system. The City received funding for the years 1999-2003, and was not eligible for funding in 2004. The City of La Quinta received $1 1 ,585 in grant funding for 2005, which will be used to install security surveillance equipment at both La Quinta and Fritz Burns Parks. A contract was awarded to DA Pacific on September 20, 2005 to install the surveillance equipment at both parks. Installation is expected to be complete by January 2006. ■ State of California Proposition 40 Funding (FY 2003/04 The City of La Quinta received a Per Capita allocation of $220,000, and a Roberti-Z'Berg-Harris allocation of $62,172. Two projects were approved, the first being the interactive water feature at the La Quinta Park, along with several shade structures for the playground area, and the City's matching funds to accompany grant funds from CIWMB for a rubberized surface beneath the water feature; and the second being replacement playground equipment at the City -owned childcare facility operated by the YMCA of the Desert. The YMCA playground equipment project is complete. The City has filed the Notice of Completion and awaits reimbursement. The interactive water feature project was awarded to Davis Reed Construction on September 6, 2005, and is expected to be completed by February 2006. ■ California Department of Transportation The City was one of 82 entities out of 420 who received grant funding under the Safe Routes to School program in the amount of $224,800 in November 2003 for signalized pedestrian crossings in front of both John Glenn Middle School and Amelia Earhart Elementary School. The City entered into a Cooperative Agreement with DSUSD and the City of Indio for cost sharing on the project. The project bids came in higher than the engineer's estimate, in part due to the time delay caused by Caltrans' approval process. The City has prepared an Amendment to the Cooperative Agreement, which is currently out for review to DSUSD and the City of Indio. Award of contract to DBX, Inc. is contingent upon approval of the Amendment to the Cooperative Agreement by DSUSD and Indio. If construction proceeds as expected, project close-out will occur in June 2006. r: ■ ■ Riverside County Transportation Commission SB 821 Bicycle and Pedestrian Facilities Program The FY 2004/05 SB 821 Bicycle and Pedestrian Facilities Program set aside an estimated $1,026,700 countywide for pedestrian and bicyclist improvements. The City received funding of two projects: Sidewalk improvements on Westward Ho east of the High School for $25,099; and bike lane striping on Avenue 52 for $10,104. The Avenue 52 project is complete and a claim for reimbursement has been filed. The Westward Ho project is still in the design phase and is dependent upon receipt of a letter of acceptance from CVWD of the proposed well site location in that area. 2005 Transportation Enhancement (TE) Program The City Council approved the application on September 6, 2005 for a Transportation Enhancement grant. The City was one of 18 projects selected out of 32 submittals to receive TE funding. The Jefferson Street Beautification Project, in conjunction with the City of Indio, will receive $445,190 to be used for landscaping the medians on Jefferson Street between Indio Boulevard and Highway 1 1 1 . Indian Gaming Special Distribution Fund (SB 621 Pursuant to California 2003 Senate Bill 621, appropriations from the Indian Gaming Special Distribution Fund were made to certain local government agencies impacted by tribal gaming. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's application, which included a recommendation to fund the City's request for $886,250, over a five-year period, to be applied toward salary and benefits for an additional motor officer to assist with traffic enforcement. The City received 177,250 in June, 2005 for its 2n`' year of funding, and will file its application for its 3r`' year of funding in February 2006. The subsequent years' funds have been earmarked for use by the City of La Quinta, but are contingent upon availability of future State funding. This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, and County governments. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various transportation -related funds. 3 DEPARTMENT REPORT: i — Td4t 4 40v Q" TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager ^ ,t DATE: December 20, 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. Work on the course began on October 24, 2005 and will be completed in early 2006. DEPARTMENT REPORT: iv CITY COUNCIL'S �rk UPCOMING EVENTS 1 OF x DECEMBER 20 JANUARY 3 JANUARY 17 FEBRUARY 7 FEBRUARY 18 FEBRUARY 21 MARCH 7 MARCH 18 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL WORKSHOP CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING December 2005 La Quinta City Council Monthly Calendar November 05 S M T W T F S 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 January 06 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 5 6 7 6:00 PM CVAG Exec. 2.00 PM City Council 10:00 AM ALRC Cmte. Adolph Meeting 25 a qw, Christmas Day J 11:30 AM - 3:00 PM Holiday Open House 2 3 9 10 6:00 PM Employees Recognition Dinner I' �12 113 �,14 15 16 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 6:00 PM League- Abate. -Perkins Henderson vation Commission Henderson 7:00 PM Planning 5:30 PM Investment Commission Advisory Board 17 19 '20 121 22 23 24 7:00 PM Community 9:00 AM CVA-Henderson 9:00 AM LAFCO Services Commission 2:00 PM City Council Henderson Meeting Christmas Eve 1 st Day of Winter — 26 — — — 27 28 ! 29 30 31 7:00 PM Planning 12:00 PM Sunline-Adolph 001 Commission 4:00 PM OKRA Airp- ( Osborne ! 1 Christmas Holiday New Years Eve Observed (City Hall Closed) Printed by Calendar Creator Plus on 12/15/2005 January 2006 La Quinta City Council Monthly Calendar 2 3 4 5 16 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting New Years Day New Years Holiday Observed (City Hall Closed) 7 9:00 AM - 4:00 PM SJSR Ntl. Mnmt-Henderson g 9 _ 10 11 12 13 14 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energyl 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Environ.-Sniff Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins ! Commission Advisory Board 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 15 16 1 1 7 18 19 20 2 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting Martin Luther King's Birthday (CITY HALL CLOSED) 22 23 124 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm-9:00 AM LAFCO- Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Osborne February 2006 La Quinta City Council Monthly Calendar 1 2 3 4 10:00 AM ALRC I 5 6 8 -- 9 10 7 2:00 PM City Council 9:00 AM RCTC 12:00 PM Energy/ Meeting Henderson Environ.-Sniff 5:30 PM Investment Advisory Board --- - 112 13 14 �5 �6 17 18 10:00 AM Pub. Sfty 7:00 PM Mosquito 3:00 PM Historic Preser- City Council Workshop Perkins Abate. -Perkins vation Commission (time not yet 12:00 PM Transp-Perkins 7:00 PM Planning determined) 6:00 PM League Commission Henderson 19 I20 - - 21 22 �23 24 25 9:00 AM CVA-Henderson 12:00 PM HumanlComm- 9:00 AM LAFCO- 2:00 PM City Council Osborne Henderson Meeting 12:00 PM Sunline-Adolph President's Day 4:00 PM DRRA Airp- (CITY HALL CLOSED) Osborne 126 27 28 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 6:00 PM Exec Conte. - Adolph January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 12/15/2005 `°' " p DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: December 20, 2005 RE: Monthly Department Report - November 2005 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. The reports depict the following highlights: • Year to date building permit valuation is $351,267,695 which represents an issuance of 5,239 building permits through November; • 2,821 animal control cases have been handled through November; • 2,297 code compliance cases have been initiated through November; • $1 ,540.00 - garage sale permit income in November d o CD 0 CDa oCD CDo� cr DW � �-- � O W wwA� cfl y O O W lE 2 3nu00H7Jx1Ii t1lnCn n7h7;lL'mtlmOt- U t7 H r' h m N n n to r=1 77 n n C U ti nmCr1cn b n wrobro <cDrn t7 �� LT7o a fir? v e=7=7 yr a17 a �? teen .y CQLj o �'�y n y 7 z.r _ -1 'rJ n C b� C C .'t7 C O n O H H T •' 0 �) L I� - _ 11 011nk7 CCO t)C7b700n�G],I Un- T7 jyH HI�O t�7 b7H O �h7 x7 OO'IJHO C 'Z n] C t1 n n H r� 0. �j x7 Q n ;o G] O O n n cn H L�7 C J `' C ,J% ,Ty F i o r" Cn U] m N C C to rvV -1 Cn H x7 n xv x0 C ] G� .� til droo n n 7 7o m r"r '0 n t 7 H H H In s O H L=J U U ITI ,n C 'A C-7 Q Q U 1:l n 7z7 III LT] 'T7 I O :11 C L9 " ;x7 C C '+ L I xo O M I, ,n T T P I U W . 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Ul l..c a-. o I I C la IT < o(-) (I o a- 11) 1 1l„ w O J ,) I-' C J r� 3 ANIMAL CONTROL REPORT FOR: November 2005 Steve Alexander, Moises Rodarte, Kevin Meredith, Megan Fisher, Elizabeth Escatel Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO November 05 DATE 05 DATE 04 HANDLED November 05 DATE 05 DATE 04 Dogs Alive 23 322 307 Bite Reports 2 26 35 Dead 7 95 76 Animal Trap OTI 1 29 39 Set Ups 3 96 30 Cats Alive 48 273 219 Cruelty to Dead 6 91 68 Animals 0 9 0 OTI 0 13 6 Other Animals Alive 6 125 88 Vicious Animal Dead 10 70 95 Restraining 0 7 5 OTI 0 0 2 TOTAL ANIMALS Special Hour Patrols 0 76 52 Alive 77 720 614 Zoning 0 0 2 Dead 23 256 239 Lost/Found 0 297 454 OTI 1 42 47 Animal Rescue 0 7 20 Outside Agency 0 1 2 TOTAL ANIMALS REMOVED City Reclaims 0 69 102 Other 38 327 226 101 1018 900 TOTALS 43 915 928 VIOLATIONS: NO OWNER Dogs at Large 28 Noise Disturbance 3 Defecation Removal 0 License Violation 20 Other 0 MONTHLY TOTAL 51 YEAR TO DATE 561 TOTAL MONTHLY INCIDENTS HANDLED: TOTAL YEARLY INCIDENTS HANDLED: WARNINGS CITATIONS 4 0 0 0 0 0 6 0 0 0 10 0 275 52 November 05: 205 November 04: 183 November 05: 2821 November 04: 2152 4 CODE COMPLIANCE STAT REPORT FOR NOVEMBER 2005 NOVEMBER 05 YEAR TO DATE 05 YEAR TO DATE 04 ABATEMENTS: Nuisance Abatements Started 129 1346 1060 Weed Abatement Started 15 180 75 Vehicle abatements Started 58 679 680 Buildinjj Code Violations Started 13 92 15 TOTAL STARTED 215 2297 1840 TOTAL COMPLETED 223 2654 1679 Case Follow-ups 374 4463 3510 Home Occupation Inspections 18 131 142 Business License Inspections 0 J9 1 Garage Sale Permits Issued 154 1392 1559 5 Department Report: TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Community De yelopment Director DATE: December 20, 2005 SUBJECT: Department Report for the Month of November 2005 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of November. 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Q Q N y- C Nco m Q � O LL W a-� d O co— co Q O Q O a Lu U (n cc: OC I- U F- U C7 O W C7 (n U w WE m w m 0 z 0 0 L 0 k k = E ƒ ? \ Co Co E & q \ E / 2 E g c o .g •9 4 2 3 Co \ _ 2 = g '§ F o = n = e ƒ § E E ƒ D c E ƒ E % . g � \ G / % c Co § 0 e t coq cz \ 0 2 2 0 4 \ / co # q / 0 / i 'ƒ _% / -Ccaa \ -0 7 \ w \ o U)% 2 / coa co n E CO_ ° £ 7 3 7 o 0co e / \ N w 0 0 \ O / LO U) E � q § — co a)3 � o % E/ o 0.2 3 0 0 2: o A 0/ Cc 0 a_> 0 0 0 h \ I \ \ C k / " -0 = 7 -0 E � \ i \ .2 / � / k p U§ U Ln 3 U U U 7 / ± � /ca ± ± k / E ? / '/ '/ k \ ? k k / § E / % c o z a) .g •� E z o O z 0 z 2 � _ 0) = n -0 o = _ o _ - Z \ U _ $ ) \ _ / $ « - \ co U ca � U \ g=— g •0 g. qo > ƒ > o > a) § o > \ « n / D Department Report: 3.n" a,Sep �W 2c OF T TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager T DATE: December 20, 2005 SUBJECT: Department Report Regarding Council Direction Concerning a General Plan Amendment for The Village The Planning Commission, at its meeting of November 22, 2005, directed staff to initiate a General Plan Amendment in the Village District to consider increasing residential density, building height and other policies. This item was on the Planning Commission agenda in conjunction with a proposed condominium project which did not comply with the General Plan Amendment. The Commission had two options to consider, as follows: 1 . Initiate a General Plan Amendment 2. Deny the proposed Specific Plan and related actions. The Planning Commission did not take any action on the Specific Plan. In order to consider the Specific Plan, a number of policies would need to be amended. The proposal would require amending allowable density from 15 to 25 dwelling units per acre, increasing the allowable number of floors from two to three or four, and increasing allowable building height from 35 feet to 47 feet. The applicant has subsequently withdrawn the current Specific Plan application and will revise the proposed project to comply with the General Plan. If so directed, staff will schedule the initiation of a General Plan Amendment for the January 3, 2006 City Council meeting for Council review and direction or, alternatively, the City Council may provide direction during today's meeting. DEPARTMENT REPORT: Y �a,� `� r OFT � TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. GENOVESE, INTIRIM COMMUNITY SERVICES DIRECTOR DATE: DECEMBER 20, 2005 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF NOVEMBER 2005 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JANUARY 2006: Jan 3 Pony Club Jan 4 *Morning Workout (Exercise Class) Jan 4 *Latin Dance Jan 5 *Ballroom Dance Jan 6 *Mat Pilates Jan 9 *Intermediate Watercolor Jan 9 *Stained Glass Jan 9 *Files & Folders Jan 9 *Introduction to the Internet Jan 9 *Digital Photography Jan 10 *Watercolor Lessons Jan 10 *Advancing Beginners Bridge Lessons Jan 10 *Intermediate Tap Dance Jan 1 1 *Introduction to the Computer Jan 11 *Advanced Bridge Lessons Jan 11 *Intermediate Bridge Lessons Jan 11 *Sketching & Drawing Jan 11 *Beginning Conversational Spanish Jan 1 1 *Advanced Conversational Spanish Jan 11 *List & Labels Jan 11 *Scanning Jan 12 *Mature Driver Training Jan 12 *Mosaic Tile Art Jan 13 *Beginning Bridge Lessons Jan 17 Tai Chi Chuan Jan 17 Italian for Everyone Jan 17 Beginning Guitar Jan 17 Yoga the Feldenkrais Way Jan 17 Adobe Photoshop Elements — Advanced Jan 17 Belly Dance Intermediate & Advanced Jan 17 Mosaic Tile Jan 17 Decorative Painting For Everyone Jan 17 Line Dancing Jan 17 *Learn to Knit Jan 17 *Beginning Italian Jan 17 *Tai Chi Arthritis Jan 18 Introduction to Drumming and Percussion Jan 18 Let's Do Business Jan 18 *Introduction to Word Processing Jan 18 *Feldenkrais Yoga Jan 18 *Simple Spreadsheets Jan 18 *Photo Editing 1 Jan 19 Feldenkrais Awareness through Movement Jan 19 Adobe Photoshop Elements — Introductory Jan 19 Watercolor Painting For Teens & Adults Jan 19 Dance, Play, & Pretend Jan 19 Beginning Ballet Jan 19 Beginning Belly Dance Jan 19 *Chili Cook -Off Luncheon Jan 19 *Beginning Piano Jan 19 *Tai Chi Chuan Traditional Jan 20 *Beginning Rug Hooking Jan 23 Ballroom Dancing Jan 23 Beginning Computers Jan 23 *Hooked on Loops (Traditional Rug Hooking) Jan 23 *Self -Publishing Experience Jan 23 *Introduction to E-Mail (AOL) Jan 23 *Photo Editing 2 Jan 23 *Family Tree Maker Jan 24 *CPR & First Aid Jan 24 *Beginning Mah Jongg Jan 25 Mastering Microsoft Word Jan 25 *Word Processing Level 2 Jan 25 *Photo Editing 3 Jan 26 *Beginning Tap Dance Jan 30 *E-Mail Level 2 (AOL) Jan 30 *Photo Editing 4 Jan 30 *PrintShop Publishing 1 *Daytime Senior Center class or activity Monthly Revenue Report for November 2005 Monthiv Revenue - Facility Rentals 2005 2nn4 Vnrianr_a Senior Center $ 3,563.00 $ 2,018.00 $ 1,545.00 Parks $ 300.00 $ 500.00 $ (200.00) Sports Field $ 160.00 $ - $ 160.00 Monthly Facility Revenue $ 4,023.00 $ 2,518.00 $ 1,505.00 Year to Date Facility Revenue $ 17,130.00 $ 15,389.00 $ 1,741.00 Monthly Revenue Senior Center $ 6,585.00 $ 7,741.00 $ 1,156.00 Community Services $ 2,765.00 $ 2,107.00 $ 658.00 La Quinta Resident Cards $ 3,120.00 $ - $ 3,120.00 Total Revenue $ 12,470.00 $ 9,848.00 $ 2,622.00 Revenue Year to Date Senior Center $ 38,394.00 $ 37,104.50 $ 1,289.50 Community Services $ 49,417.00 $ 47,517.00 $ 1,900.00 La Quinta Resident Cards $ 11,700.00 $ - $ 11,700.00 Total Revenue to Date $ 99,511.00 $ 84,621.50 $ 14,889.50 Community Services Department Attendance Report for the Month of November 2005 Summary Sheet Program 2005 2004 Variance Sessions Per Month 2005 2004 Leisure Classes -Special 140 80 60 60 37 Events 228 391 -163 2 4 Adult Sports 180 432 -252 3 18 Senior Center 1271 1 182 89 94 105 Total 1,819 2,085 -266 159 164 Senior Services Senior Center 187 214 -27 11 14 Total 187 214 -27 11 14 Sports User Groups La Quinta Park Use AYSO 1100 1100 0 20 20 F.C. La Quinta 15 0 15 3 0 Sports Complex LQ Sports & Youth 25 0 25 13 0 So California Magic 15 0 15 5 0 LQ/ PD Youth Football 150 0 150 6 0 Facility/ Park Rentals Senior Center Private Rental 400 600 -200 2 4 Church 450 480 -30 6 8 Park Rentals La Quinta Park 200 320 -120 5 8 Fritz Burns Park 40 80 -40 1 2 Total 2,395 2,580 -185 61 42 Total Programs 4,7741 4,889 -1151 231 220 Volunteer Hours Senior Center 2781 285 -7 Total Volunteer Hours 1 2781 285 -7 Community Services Program Report for November 2005 2005 2004 2nos 2nn4 Participants Participants Variance Meetings Meetings Leisure Classes Kickboxing Boot Camp 14 0 14 2 0 Tai Chi Chuan 2 0 2 3 0 Yoga Electica 9 10 -1 1 2 Feldenkrais Yoga 12 0 12 3 0 Classic/ Latin Ballroom Dance 14 13 1 2 5 Beginning Bellydance 5 0 5 5 0 Bell dance Level 2 3 0 3 4 0 Intermediate Bell dance 5 5 0 2 5 Hip Hop Dance 4 2 2 5 5 Beginning Ballet 12 8 4 1 1 Dance, Play, & Pretend 7 7 0 1 1 Rock & Roll Guitar 2 0 2 5 0 Guitar Level 2 1 8 -7 5 5 Italian for Travelers 9 0 9 4 0 Mosaic Tiling 6 0 6 5 0 Acrylic Painting 9 0 9 3 0 Watercolor Wonders 6 0 6 3 0 Adobe Photoshop Introduction 3 0 3 1 0 Adobe Photoshop Advance 1 0 1 3 0 Intermediate Computers 8 6 2 1 3 Microsoft Excel 8 9 -1 1 2 Totals 140 681 72 60 29 2005 2004 9nnr, 2nne Participants Participants Variance Meetings Meetings Special Events Carlsbad Village Faire Excursion 28 22 6 1 1 Veteran's Day Acknowledgement 200 170 30 1 1 Totals 228 192 36 2 2 2005 2n04 gnng onne Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 0 212 -212 0 16 Adult Soccer League 180 220 -40 3 4 Totals 180 432 -252 3 20 Recreation Totals 1 5481 692 -144 65 1 51 Senior Center Attendance Participation Participation Variance Meetings Meetings 2005 2004 2005 2004 Senior Activities ACBL Bridge 318 268 50 4 3 Bridge, Duplicate/Social/Party 407 523 -116 15 20 Monthly Birthday Party 20 20 0 1 1 Monthly Luncheon 110 85 25 1 1 Putting Contest 6 0 6 1 0 Movie Time 37 30 7 3 7 Senior Activity Total 898 926 -28 25 32 Senior Leisure Classes Ballroom/Swing 21 18 3 3 4 Bridge Lessons 75 35 40 13 12 Computer Classes 28 44 -16 5 9 Computer Tutor 2 3 -1 2 3 Dog Training 4 11 -7 4 4 Exercise 55 40 15 13 13 Golden Tones 47 39 8 4 4 Knitting Guild 19 0 191 1 0 Latin Ballroom 3 0 3 5 0 Political & Economical Discussion 35 0 35 2 0 Quilting 20 20 0 3 3 Rug Hooking 8 4 4 4 3 Sketch/Draw 13 10 3 41 3 Tai Chi / Tai Chi Arthritis 18 10 8 4 4 Watercolor 21 12 9 5 3 Yoga 4 10 -6 1 4 Senior Leisure Classes Total 373 256 117 69 73 TOTAL SENIOR PROGRAMS 1271 1182 89 94 105 Senior Services FIND Food Distribution 123 130 -7 3 5 I.I.D. EnergyAssistance/No fee 18 50 -32 4 8 LIHEAP 4 0 4 1 0 Legal Consultation 8 8 0 1 1 Hearing Consultation 6 0 6 1 0 Medical Insurance 4 0 4 1 0 Volunteers 24 26 -2 n/a n/a TOTAL SENIOR SERVICES 187 214 -27 11 14 SENIOR CENTER TOTAL 1458 1396 621 105 119 DEPARTMENT REPORT: oti �' .moo ZC��Gu OF TNY' TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: December 20, 2005 RE: Public Works/Engineering Department Report for November 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. ;i Timothy R. 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Two large reflective windows were found etched with suspected gang monikers. The report will be forwarded to La Quinta SET for follow-up. 1209 hours - Deputy Covington responded to a residence in the 52000 block of Avenida Mendoza reference a battery in progress between a husband and wife. The husband, Rojelio Guzman, became enraged, grabbed his wife by her neck, threw her down on the couch and threatened to kill her. Guzman was arrested for spousal battery and criminal threats. Guzman was booked into the Indio Jail. On Tuesday 11 /01105, Deputies from the La Quinta Special Enforcement Team, along with members of the Coachella Special Enforcement Team, Coachella Valley Narcotics Task Force, C.H.P. air units, Indio Police Department, and R.A.I.D. served multiple search warrants in the La Quinta cove. Search warrants were served in the 54000 block of Calle Valasco, the 53000 block of Avenida Obregon, and the 52000 block of Avenida Navarro. Hundreds of stolen items were recovered. Peter Avila, Kateria Saul and Jesse Asoua, all residents of La Quinta, were arrested following the investigation. They were booked into the Indio jail for possession of stolen property, burglary and outstanding arrest warrants. 1940 hours - Corporal M. Diaz arrested Dwayne Quintana for spousal battery at the 52000 block of Avenida Rubio. Quintana assaulted his wife during a domestic dispute. Quintana was booked into the Indio Jail. Wednesday, 11-02-05 (41)• 0430 hours - Deputy Butvidas conducted an occupied vehicle check at Miles and Coldbrook in the city of La Quinta. The occupant, Wesley Sanders, 34 of Indio, was intoxicated and did not cooperate with the commands of the deputy. He was sprayed with OC and continued to be uncooperative. Additional units responded to the request for assistance and Sanders was taken into custody. He was transported to the Indio jail and booked for public intoxication. 2120 hours- Deputy Darascavage and Deputy Post, arrested Lucia Florez and a juvenile at the Target store for commercial burglary. The adult was booked into Indio Jail and the juvenile was booked into the Juvenile hall. Thursday, 11-03-05 (71): No significant activity Friday, 11-04-05 (88): 2200 hours- Deputy Ervin responded to the 54000 block of Avenida Alvarado regarding a disturbance. While at the location, he arrested Jason Booth for a misdemeanor traffic warrant out of Napa County. He was booked into the jail. Saturdav, 11-05-05 (106): 1606 hours- Deputy Ervin arrested Carlos Nievas for felony domestic violence and criminal threats. Nieves assaulted his live-in girlfriend and threatened to kill her. Nievas was booked to the Indio Jail. Sundav, 11-06-05 (59): 1144 hours - Deputy Pena responded to Home Depot reference a shoplifter. Caleb Wilcox was being detained and was found to be in possession of about $150.00 worth of store merchandise. It was determined that Wilcox had taken the items from the store without having the ability to pay. Wilcox was arrested for burglary and booked into the Indio Jail. 1311 hours - Dispatch received a report of a man shoplifting at Kohls Department Store. Off -duty deputy, Sgt. Jorge Pinon, noticed a suspicious subject leaving the Kohl's area. The subject was walking towards an auto dealership. Sgt. Pinon called dispatch and learned of the shoplifting incident. Sgt. Pinon detained the man until units arrived. The man, Alejandro Ramirez, was found to be in possession of store merchandise. He also had plastic gloves, pliers to cut off tags and a marked advertisement from the store. Deputy Alexander and Deputy Burgie arrested Ramirez for burglary, receiving stolen property and possession of burglary tools. Ramirez was booked into the Indio Jail. 1620 hours - Deputy Harter arrested Anthony Duran for theft with priors and for violation of parole at the Home Depot. Duran was caught stealing items and was detained by store security. Duran was booked into the Indio Jail. Mondav, 11-07-05 (180): 0415 hours - Deputy Butvidas conducted a vehicle stop on Avenida Bermudas and Calle Sinaloa. The driver, Silvio Durinzi, was wanted for a felony drug warrant. Durinzi was arrested booked into the jail Tuesday, 11-08-05 (92): No significant activity Wednesdav, 11-09-05 (101): 0102 hours - Deputy Ortega responded to the 79000 block of Morris and contacted Crystal Lareaux. Lareaux reported that her live-in boyfriend had assaulted her. According to Lareaux, she and the suspect had been arguing. Lareaux complained of pain but refused medical treatment. Deputy Ortega contacted the suspect, Albert Archuleta, who was still at the same location. Deputy Ortega transported Archuleta to the Indio jail and booked him for battery. 1200 hours - Deputies from the La Quinta Special Enforcement Team, along with assistance from the Coachella Special Enforcement Team and La Quinta patrol personnel, served an arrest warrant at the 54000 block of Avenida Madero. Robert Lee Chapman, a La Quinta resident, was contacted regarding an outstanding felony drug warrant. Chapman is also currently on probation for drug violations. While at the location, Deputies located Christopher Vincent hiding under a blanket in the spare bedroom of the house. Vincent was wanted in connection with an ongoing burglary investigations in the city of La Quinta as well as a burglary and carjacking investigation in the city of Desert Hot Springs. Chapman was arrested for his outstanding felony drug warrant and was also charged with harboring a wanted felon. Vincent was arrested for burglary charges and possibly faces additional charges by Desert Hot Springs Police. 1500 hours- Deputy Covington arrested Marcelina Avila for theft with priors at Target. Deputy Covington responded to Target and contacted Marcelina Avila, who was being detained for shoplifting. Avila is currently on parole for a theft charge. Avila was arrested for theft with priors and was booked into the Indio Jail. Thursday. 11-10-05 (89): 1252 hours - Corporal Black responded to the area of Jefferson St. and Hwy I I I reference a pedestrian being struck by a motorist. Upon arrival, Corporal Black learned that David Joseph was jay -walking across the west bound lanes of Hwy I I I when he was struck by a 2005 silver Nissan Murano. Joseph sustained minor injuries to his leg and was transported to JFK by AMR 2125 hours- Deputy Harter responded to Home Depot reference a male subject being detained for shoplifting. Deputy Harter arrested Homer Wilson for commercial burglary. Wilson was booked into the jail. 2152 hours- Deputy Ervin responded to Wal-Mart regarding two people in custody for shoplifting. Deputy Ervin contacted Vianca Davila and Adrain Wislon. Deputy Ervin also suspected the pair to be involved in a commercial burglary at Kohl's the day before. Kohl's Loss Prevention Agent identified both suspects from their commercial burglary. Wilson was booked at the jail for commercial burglary, possession of methamphetamine and a parole violation. Davila was booked for commercial burglary and possession of drug paraphernalia. Fridav, 11-11-05 (94): 1200 hours - Motor Officers Gaunt and Adams responded to the 78000 block of Ave. Tujunga reference a single vehicle accident. A yellow E-Z Go golf cart rolled on it's side on the roadway injuring three of the occupants. The golf cart was driven by a 12-year-old male and there were three passengers that varied in age from 10 to 12 yrs old. The juveniles were treated by CDF personnel and released to their parents. The driver's father, Robert Melkesian, will be charged with contributing to the delinquency of a minor since he gave his son permission to operate the golf cart on the roadway. 1233 hours -Deputy M. Covington responded to the 52-700 block of Avenida Carranza reference an unattended death. Upon arrival, Deputy Covington spoke to the reporting party, Charlotte Sumamo. According to Charlotte, her husband, Fortino Sumano (65 yrs old) had been very ill. There was no sign of foul play and it appeared Fortino had died of natural causes. The coroner was notified of the incident and they arranged to have a private funeral home respond to the residence to transport Fortino to their facility. 1800 hours- Sgt. Hignight and Deputy Ervin conducted a vehicle stop on Westward Ho at the La Quinta skate park. The driver, Douglas Baxter was arrested for two felony warrants out of Fresno. Baxter was booked into the jail. 2017 hours- Deputy Darascavage arrested Carl King for a misdemeanor drug warrant and Eugenia Mitchell for a traffic warrant out of Los Angeles. Both subjects were contacted inside Kohl's for suspected theft. King and Mitchell were booked into the jail. Saturdav, 11-12-05 (117): 0813 hours - Deputy Alvarado responded to a traffic accident involving a two-year old child. Upon arrival, it was learned that the two-year old child had left his residence and was playing near a vehicle that was parked in a driveway. The vehicle rolled backwards pinning the child's head behind the left front tire. Family members who happened to be in the general area pulled the child away from the vehicle. The child sustained head injuries and was transported to Desert Hospital for medical treatment. It is unknown what caused the vehicle to roll backwards into the child. The investigation is still ongoing.. At 1600 hours Deputy Alvarado advised that the child was fine, with minor injuries to the skull area. 1723 hours- Deputy Brooker detained Marlene Burk for a mental evaluation. She was found in her apartment suffering from several medical problems. There was no furniture or food inside the apartment. It was determined that she could not care for herself and was gravely disabled. She was transported to JFK and adult protective services was notified. 1750 hours- Deputy Brooker responded to Wal-Mart reference three shoplifters. Laura Paulino, Valerie Vargas and a seventeen year -old were all cited for shoplifting and released at the scene. 1800 hours- Deputy Bolton arrested Rodrigo Alonso for kidnapping, false imprisonment, violation of a court order and domestic violence. The incident occurred in the skate park off of Westward Ho. The suspect forced his estranged wife into a car and drove her into the alleyway behind Rite -aid in Bermuda Dunes. He punched her in the head several times and held her back as she tried to get away. She ultimately escaped from him and contacted the La Quinta Police Department for help. Alonso was arrested at his residence in the City of Indio. IPD assisted Deputy Bolton in the arrest. Alonso was booked into the Indio Jail. 1815 hours- Deputy Ervin arrested Tajuan Mitchell for possession of marijuana. Lt. Walker saw the suspect at the Circle K Store on SR 11 land Washington selling watches out of a car. Deputy Gaunt made the initial contact and located the marijuana. Mitchell was cited and released on scene by Deputy Ervin. 2024 hours- Deputy Gaunt arrested Sonja Johanns for DUI following a traffic stop on Washington and Village. She was booked into the jail. Sundav, 11-13-05 (56): 0003 hours- Deputy Bonnadia conducted a vehicle stop. The driver, Guillermo Castellanos, was found to be intoxicated. Castellanos was arrested and booked into jail for driving under the influence of alcohol. 1540 hours - Deputy White arrested Armando Anzaluda for DUI, child endangerment, and for driving with a suspended license. Anzadula sideswiped a car while traveling eastbound on S.R. I I I at Plaza Street and collided into a palm tree. His daughter, (2 years old) was in the vehicle during the collision. During the investigation he consented to an EPAS test. His wife was also in the car during the collision and out of custody charges for child endangerment will also be filed against her with the District Attorney's Office. Child Protective Services was notified about the collision but refused to respond. The occupants of the second vehicle were not injured. 0215 hours - Deputy Bonnadio responded to Adams and Hwy I I I regarding a traffic collision. The driver of the vehicle at fault was intoxicated and was arrested for driving while under the influence of alcohol. The driver was booked into the jail. 0345 hours - Deputy Reynaga responded to the Aventine Apartments, in La Quinta regarding a domestic disturbance. Katherine Rup struck her husband causing two scratches to his face. Rup was arrested and booked into jail for domestic violence. Monday. I1-14-05 (58): No significant activity Tuesdav, 11-15-05 (62): 0230 hours - Deputy Butvidas conducted a traffic stop at Washington St. north of Eisenhower. The vehicle was unregistered and the driver of the vehicle, Janine Rodriguez, had objective symptoms of being under the influence of a stimulant. Rodriguez also had contacts for burglary. The passenger, Benjamin Jimenez, was found to have a felony warrant for credit card fraud. He was on probation for the same and has numerous contacts for burglary. Rodriguez was arrested for being under the influence and Jimenez was arrested for the felony warrant. Both were booked at the Indio Jail. Wednesday, 11-16-05 (117): 2200 hours - Deputy Harter responded to the Target store reference a shoplifter in custody. Lydia Zamanego was caught stealing items from the store. Zamanego's also had her 2 -year- old child with her during this incident. The child was released to the father per CPS. She was booked at the Indio jail for burglary and child endangerment. Thursday, 11-17-05 (83): 1000 hours - Corporal. Perez responded to the entrance of Wal-Mart reference a trespassing/disturbance call. Upon arrival, he met with the Wal-Mart manager and two individuals who were working at a table outside the store, near the east entrance. The two individuals were soliciting signatures for an initiative/measure reference Border Patrol Police and Inunigration laws. The Wal-Mart manager did not wish to pursue any type of complaint at this time. Corporal Perez will document the incident. The subjects soliciting the signatures said they would be leaving Wal-Mart at 1500 hrs. 1706 hours - Deputy Ervin and Sgt. Hignight responded to a residence near Coldbrook reference a domestic violence incident. Michele Montana was arrested for domestic violence and booked into the jail. 1900 hours - Deputy Harter responded to Home Depot reference a subject being detained for shoplifting. Deputy Harter arrested Donald Caplan for commercial burglary. Caplan was booked into the jail. Friday, 11-18-05 (82): 0711 hours- Deputy Gaunt arrested David Garcia for driving under the influence of drugs. The suspect was stopped on Avenue 52 at Desert Club for a traffic violation. Garcia was booked into the jail. 1500 hours- Deputy Gaunt arrested Augustine Zamora for possession of methamphetamine and bribery. The suspect was stopped on his bicycle for a traffic violation. Zamora was booked into the jail. 2145 hours- Deputy Knight arrested Monica Nunez for public intoxication. Nunez was causing a disturbance with her family and was unable to care for herself. Nunez was booked into the jail. Saturday, 11-19-05 (99): 1728 hours- Deputy Ervin and Sgt. Hignight responded to the 53000 block of Avenida Cortez to a domestic disturbance. Before their arrival, Jose Fuentes fled the scene. Sgt. Hignight located his vehicle several blocks away. Sgt. Hignight kept the vehicle under surveillance until the suspect returned. The suspect was detained but was not cooperative. Fuentes attempted to slip his handcuffs several times and was warned not to attempt to do so again. He was sprayed with OC and he complied. He was decontaminated on site. He was transported to the jail and booked for criminal threats and stalking. 2141 hours- Deputy Knight responded to the 50000 block of Washington reference an assault with a deadly weapon. The victim said he was in the parking lot and was shot at by unknown males in black Ford Probe. Units responded and could not locate any shell casings or bullet impact sites. Deputy Bashe located a witness who heard the shots, but had a different version than the victim. Sunday, 11-20-05 (48): 0040 hours - Deputy Bonnadio responded to the 53000 block of Avenida Navarro regarding a violation of a restraining order. Deputy Bonnadio contacted the suspect, Juan Jose Aguilar, at the scene. After confirming the validity of the order, Aguilar was arrested and booked into jail. 0204 hours - Deputy Ervin responded to Ave. 54 and Jefferson regarding an attempt carjacking. When he arrived, Ricardo Ballard and Bonifacio Ballard stated they were giving two males a ride when the unknown subjects hit them and tried to take their vehicle. Upon further questioning, it was apparent they made the story up because they had taken their mother's car without permission. They had been drinking, and crashed the car. They were taken to JFK for treatment and cite released. Both Ricardo and Bonifacio Ballard will be charged with public intoxication and conspiracy to give false information to a peace officer. 0826 hours - Deputy Covington responded to a residence in the 44000 block of Camino Lavonda to investigate a report of an unattended death. She discovered that the deceased person, Marian Phillips, had passed away sometime overnight and was discovered by family members in the morning. Phillips had been suffering from a number of serious medical conditions, including congestive heart failure. Following the initial investigation, the body was released to a local mortuary per the instructions of the Coroner's Office. 1332 hours — Deputies Munoz and Burk responded to the area of Old Town La Quinta in response to a report of a man yelling at people passing by. They found a very intoxicated subject named Jose Ayala Martinez acting irrationally and unable to care for himself. Martinez was arrested and booked into the jail for public intoxication. 1714 hours - Deputies received a call of a suspicious package at the Washington Mutual Bank, in La Quinta. During the investigation, they located a box directly in front of the bank.. Since it was located in front of the bank, it met the criteria for a suspicious package. Proper notifications were made to Lt. Navarro, HDT, CDF, and AMR. Once HDT was briefed, they decided to respond to the scene. The surrounding businesses voluntarily agreed to evacuate the area. The area was then cordoned off. Once HDT arrived on scene, they inspected the package with the use of their remote operated robot and determined that the box was covering an electrical stem that was protruding from the ground. During the inspection of this item, S.R. I I I was closed off. Cal Trans and city yard employees from La Quinta assisted in closing off the streets. 1935 hours - Deputy Harter arrested Jesus Beltran and Patrick Romero for battery at the Taco Bell, in La Quinta. Romero and Beltran assaulted the victim during a disagreement. They were both booked at the Indio jail. 2134 hours - Deputies responded to a cat burglary at the 79000 block of Cindy Court, in La Quinta. Apparently a cat burglar entered the residence while the victim was watching TV in the living room. Jewelry, money, and a VCR were stolen from the master bedroom. Mondav, 11-21-05 (65): No significant activity. Tuesdav, 11-22-05 (95): 0841 hours - Deputy Alexander responded to the AM/PM at Hwy 111 and Washington Street to investigate a reported battery. Martha Grijalva was inside the market claiming her ex -boyfriend, Ramon Cabrera, punched her in the arm during an argument. Grijalva had some slight redness to her arm and Cabrera admitted punching her. Grijalva placed Cabrera under citizen's arrest for domestic battery and he was booked in the Indio Jail. Wednesday, 11-23-05 (109): No significant activity. Thursdav, 11-24-05 (110): 1745 hours- Deputy Ervin and Sgt. Hignight responded to PGA West reference a domestic violence investigation. Regina Moore was arrested for domestic violence and booked into the Indio Jail. Friday, 11-25-05 (89): 2356 hours - Deputies responded to a shooting at a residence call at the 52000 block of Avenida Martinez. The witness advised several shots were fired at a residence. Deputy Bonnadio located a vehicle matching the description at Diaz and Chihuahua. Deputy Bonnadio followed the vehicle while he awaited the arrival of back-up units. The vehicle stopped in the driveway at the 52000 block of Avenida Alvarado. The driver and passenger exited the vehicle and would not comply with the deputy's commands. They used obscenities toward the deputies as they ran inside the house. Additional deputies responded and set a perimeter around the house. After several requests via PA, the parents (George and L. Torres) exited the house. One of the suspects exited residence and refused to comply with the deputies orders. The suspect rushed at the deputies. The RCB and OC were used to gain compliance from the suspect. The suspect was identified as Fernando Torres Vasquez. He was placed in the rear of patrol unit and about a minute later, he kicked out the rear window. He was removed and placed on the ground and observed. The second suspect exited the house, Sanhedrne Redcloud. He complied and was taken into custody. The residence on Martinez had a vehicle hit by the shots and several shell casings were located. Investigator Nagels was called out to write a search warrant on the residence. Forensics responded to the scene to process the vehicle, residence and gun shot residue testing on the suspects. The Torres family was asked to leave the residence and it was secured for the warrant. During the warrant service, a handgun and marijuana was located in the center console of the suspect vehicle. Located in the suspect's room were two illegal weapons: a sawed off shotgun and an assault rifle as well as other items. Child endangerment charges were also to add on Torres. Both suspects were booked at the Indio jail, Torres after an ok to book. Saturday, 11-26-05 (47): 1620 hours — Corporal Espinoza arrested William Kason for public intoxication at the Trilogy Country Club in La Quinta. Kason an employee for Bower Security was drinking on duty and was booked at the Indio jail. 1855 hours - Deputy Ervin arrested Marie Whitaker and Eddie Whitaker for conspiracy to commit burglary at the Target Department store. During the contact with Eddie, he was found in possession of methamphetamine, marijuana and a glass pipe. The two were observed stealing items by security and were contacted once they left the store. They were both booked at the Indio jail. 1900 hours - Investigator Quintero arrested two juveniles at the La Quinta Wal-Mart for shoplifting. The two juveniles were released to their parents. One of them was also charged with being in possession of a butterfly knife. An out of custody criminal complaint will be filed with the District Attorney's office. 1930 hours, Deputy Knight arrested Joe Guadalupe Perez at the 52300 block of Avenida Obregon. Perez was contacted during an on sight illegal fireworks call, and was arrested for public intoxication. Sunday, 11-27-05 (41): No significant activity Monday, 11-28-05 (79): 1130 hours - Deputy Lewis responded to the 47000 block of Rosemary Street to investigate a report of a peeping tom. Joyce Money found Arland Plush in her yard. Plush had climbed over the wall and was banging on a door attempting to talk to Money. Money said Plush was an ex -friend and no longer welcome. Plush claimed their relationship was romantic in nature and that she had taken him for thousands of dollars. Money made a citizen's arrest against Plush for trespassing. He pledged to never return, and was cited and released under the understanding that he would be taken to jail if he did. Money said she was going to seek a restraining order. 1722 hours- Corporal Diaz responded to Target reference a shoplifter being detained. He cited and released Jessica Alliss for shoplifting. Tuesday. 11-29-05 (82): 0859 hours - Deputy Lewis responded to the 53000 block of Avenida Madero to investigate a suspicious vehicle. Residents reported seeing a blue Chevrolet Cavalier circling the neighborhood, possibly casing to commit burglaries. Deputy Lewis located the vehicle and as she approached it to contact the two occupants, it suddenly sped off. Deputy Lewis followed the vehicle and as she turned eastbound on Calle Sonora from Avenida Diaz, she found the vehicle abandoned in the roadway, facing the curb. The occupants had fled in an unknown direction. The vehicle came back as unregistered for more than a year, but not reported as stolen. Its ignition was punched. Inside the vehicle, Deputy Lewis found a bag containing motorcycle gear, an air compressor, various CDs, computer gear, and another bag containing hair appliances and two photographs. Deputy Lewis recognized the male in the photograph as being the driver. The car was impounded and the contents stored as found property pending further identification. Wednesdav, l 1-30-05 (118): Deputy Ervin responded to the 43000 block of Parkway Esplandade reference a cat burglary. The victims. Mary Msepherson and Donna Beinfeld, were inside their residence when an unknown suspect forced entry through the master bedroom screen door. The suspect took a jewelry box containing $1075.00 in jewelry. The suspect was described as a male adult, wearing a white long sleeve sweatshirt. He was seen getting into a dark colored sedan. Total calls for service: 2461 La Quinta Police Department Special Enforcement Team Monthly Report -- November., 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 November. Ongoing Investigations 5 Probation Searches 1 Parole Searches 0 Arrests/ Filings 8 Vehicle checks 3 Business Contacts 0 Investigation assists 2 Arrest Warrants Served 2 Arrest Warrants Attempted 2 Programs 3 Pedestrian Checks 1 Crime Prevention Hours 24 Bar Checks 0 Back-ups 2 Follow-ups 8 Search Warrants 3 Meetings 0 Recovered Stolen Property 100 Citations issued 0 Surveillance's 3 Property Checks 12 Civil Commitments 0 Bicycle Time 30 hrs Training Hours 40 Illegal Drugs Seized 0 Total Mileage: 1265 miles Noteworthy Accomplishments: ♦ Special Enforcement Team (S.E.T.) members served search warrants for stolen property at three different locations in the La Quinta Cove. As a result, stolen property was recovered from all three locations. Five individuals were arrested for residential burglary and possession of stolen property. Those arrested were: Jesse Asuoa (23) of La Quinta, Katera Saul (19) of La Quinta, Peter Avila (23) of La Quinta, Jehobani Rojas (22) of Desert Hot Springs and Christopher Vincent (20) of La Quinta. In addition, Peter Avila was found to have an outstanding felony warrant for burglary. w-a . ♦ Continuing investigation by S.E.T. members determined that two of the above subjects, Jehobani Rojas and Christopher Vincent, were responsible for a residential burglary and carjacking that had occurred in Desert Hot Springs. Information and leads developed by S.E.T. members was forwarded to the DHSPD who will file charges with the District Attorney's office. ♦ S.E.T. members arrested Robert Chapman (38) of La Quinta for an outstanding felony warrant for possession of methamphetamine and Harboring a Fugitive. Tracy George, Chapman's girlfriend, was also charged with Harboring a Fugitive. ♦ S.E.T. members arrested Erin Siegrest (29) after he was found to have an outstanding felony warrant for Possession of Stolen Property. LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Calls for service & B/U' Red light / Stop sign Child Seat Violations 205 Lane Change Violation Seat Belt Violations DUI Arrests Misd. Arrest Felony arrest Warnings 2 Tows Injury T/C Non -Injury T/C Suspended DL Non -Moving H&S 29 9 46 4 31 6 26 54 7 32 76 147 2 bk] 3 HIGHLIGHTS rw CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT November 2005 13- Criminal Reports I- Non Criminal Incidents 7- Arrests 6- DA Filings 3- YAT Referrals 0- Traffic Stop I- Vehicle Checks 5- Pedestrian Checks School: La Quinta High School Deputy: Eric Speir SchoolSession: November 1" through November 30'" -- 2005 Assisted school personnel and parents with school related problems involving their respective children. In the majority of cases, I referred the parents and/or students to the "Student Assistance Program" or "Conflict Mediation". I issued multiple citations for student truancy. While conducting "consent searches" of student backpacks, two students were found to be in possession of tobacco and smoking devices. All students were placed on probation and had administrative action initiated by the school. The parents of the students came to the school to pick up their child and were fully informed of the circumstances of the incident. I investigated a report of the theft of a student's purse. As a result of my investigation I identified a suspect and recovered the stolen purse. I located drug paraphernalia in the recovered purse and the female victim of the theft admitted that the items belonged to her. She was placed on the YAT probation program. Three fights were reported with no injuries suffered. I conducted a truancy investigation on a student who was found to have an outstanding no -bail juvenile warrant. The student was arrested and booked into Juvenile Hall. The traffic problems seem to have diminished somewhat. It is possible that parents and students are getting used to schedule times and traffic routes making the commute to and from school more efficient for everyone. An ongoing problem of some concern is the number of juveniles who are not students coming onto the campus property. This issue is difficult to address due to the size and accessibility of the school campus. CITY of LA Q U I N TA MONTHLY SCHOOL RESOURCE OFFICER REPORT NOVEMBER 2005 SCHOOLS: LA QUINTA MIDDLE SCHOOL BEN FRANKLIN ELEMENTARY Deputy: Kevin Moore School Session: 16 Reports 2 Arrests 0 DA Filings 1 Traffic Stops 6 Business Checks 28 YAT Referral 2 Vehicle Checks 0 Citations 6 Pedestrian Checks 2 Follow-up 2 Truant, (All cited) HIGHLIGHTS - Investigated a reported theft of a PSP video game system. Two students were identified in the theft and the property was returned to the owner. Both suspects were referred to the YAT Probation Officer. - Investigated six incidents of fighting at LQ Middle School. Each involved party sustained minor injuries. All suspects were referred to YAT Probation Officer. The most serious assault involved eight students versus one student who had just turned 13 years old. - Took a report of a runaway female juvenile. Two days later, the step -mother reported her back at home. Did a home visit and transported the truant female to school, where she was cited her truancy and referred to the YAT Probation Officer. - Investigated two separate thefts during the book fair. One male student stole a book and two female students stole miscellaneous items. The male student was charged with burglary and the two female students were charged with petty theft. All of the students were referred to the YAT Probation Officer. - Three male students were found to be under the influence of marijuana. One student possessed a small amount of marijuana and another student was in possession of a smoking device. The two in possession of the contraband were referred to the YAT Probation Officer. All three were released to their parents and suspended from school. - Investigated the theft of a cellular telephone. No suspects were identified. - Male student was found in possession of a smoking device. He was referred to the YAT Probation Officer and suspended from school. - Investigated gang graffiti on the inside east wall at LQ Middle School. A report was prepared, including photographs, and was forwarded to the gang task force. - Investigated a report of theft of cash at Ben Franklin Elementary School. Security cameras recorded a male employee taking money. The employee was cited and escorted off campus. - Investigated an attempted robbery. The suspect had demanded money from another student. When the victim did not give the suspect any money, the suspect assaulted the victim by driving his knee into the victim's groin. After the investigation, the student was booked into Juvenile Hall before being released to his parents. CITY of LA QUINTA NOVEMBER 2005 C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler Burglary Investigations 10 Grand Theft Reports 10 Petty Theft Reports 11 Vandalism/Malicious Mischief Reports 3 Vehicle Theft or Recovery Reports 1 Traffic Collision Response 8 Vehicle Code or Parking Citations 17 Abandoned Vehicles Tagged w/ Warning 8 Towed Vehicles 4 Lost or Found Property Reports 4 Area Checks /LQ Skate Park/Laborers 5 Public Assistance 5 Custodial and Non -Custodial Transports 1 Miscellaneous Calls 13 City of La Quinta C `ri nun iOffice --voiL"itn'teers Repcwt November -- 2005 Program Highlights • Nineteen volunteers are now assisting in many capacities at the La Quinta C.P.O. Four new volunteer applicants are in the background process. 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/Evidence in addition to their C.P.O. staffing duties. Current topics for volunteer training have focused on basic office procedures. Proposals are being developed to increase the activities of the volunteers to include a mobile Community Patrol Program. The City of La Quinta recognized the work and dedication of the volunteers at the annual "Volunteer Recognition Dinner". Each of the volunteers expressed their appreciation for a very special evening. Danese Maldonado, volunteer coordinator, was recognized as the volunteer of the year. Volunteer Hours and Monthly C.P.O. Stats Monthl YTD Totals (4/03 to Present) Hours 258.5 2755.5 7532 Visits 137 1551 5618 a; (' 5 6, RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION November 2005 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Deputy Andy Gerrard Deputies Andy Gerrard and Andy Martinez conducted four training meetings in the month of November. Topics covered were: 1. Physical Training 2. Conducting Felony Vehicle Stops 3. Building Searches 4. Defensive Tactics Explorer Post 503 volunteer members assisted with traffic and crowd control at the November 5 Jacqueline Cochran (Thermal Airport) Air Show and November 11 Chiriaco Summit Veterans Day event. Explorer Post 503 is currently seeking applicants for the volunteer position of Explorer. Explorers receive law enforcement related training, participate in physical training (running, push ups, sit ups, etc.), assist at volunteer events, go on ride -a -longs with deputies, participate in team and individual competitions, attend the Explorer academy and go on a variety of outings. 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. DEPARTMENT REPORT: CITY OF LA Q UINTA Crime Statistics Summary October 2005 3 Ca, 7 0O Z M m m z n y m O �- 0 C/) m o Cl) _ O Z D y m 000 y Z n 0 y O -n O r- Z D O c O 4 D O W m X 0 cn z c cri CD o z c� Z O v c� CD co v m a 0 C CD 4 PD C n v a CD Q n n Oc n X D X D m c w O D o � D- O m O z m r-r-C m n m D C ZC)-I Zm> m x—DI mn� r O < z < O N O N CT A Ut O O W C7i 0 0 0 0 00 � m O O W W _, O 0 0 0 Qp A 0 0 � 0 CD \ I O D o � 1p c z y D w cn ccc � 4 � (D 0) CO o w CD o o � Ul y o L11 00 4410 �o J cancn v N VI 4 o m C� 00 m 0 m r D C� m -41z 4 0 n D o � 000G) C r > � m(n r O z D D C r n CD z D O > O > o C " Z o o CO m -� 120 100 80 60 40 20 0 HOMCIDE 900 800 700 600 500 400 300 200 100 0 HOMCIDE RAPE RA PE Month to Month Crime Comparison . Goober lop o OCTOBER 2005 p OCTOBER 2004 ROBBERY ASSAULT, FELONY BURGLARY VEHICLETHEFT LARCENY THEFT ARSON Year to Gate Crime Comparison - October c YTD 2005 m YTD 2004 ROBBERY ASSAULT, FELONY BURGLARY VEHICLETHEFT LARCENYTHEFT ARSON Month to Month Calls for Service Comparison - October 2005 2500 _ 2000 1500 1000 500 0 25000 20000 15000 10000 5000 no Total Non -Criminal Criminal Year to Date Galls for Service Comparison Total Non -Criminal Criminal o Oct. 05 M Oct. 04 _ - _. p YTD 2005 ® YTD 2004 ❑ OCTOB E R 2005' Month to Month TrafficActivity Comparison OOCTOBER 20041 DUI TIC INJURY TIC FATAL Year to Date Traffic Activity Comparison o YTD 2005� m YTD 20041 DUI TIC INJURY TIC FATAL WASHINGTON III, LTD 80-618 DECLARATION AVE INDIO, CA 92201 December 19, 2005 June S. Greek City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: SDP 2005-838 Appeal Hearing Ms. Greek, 760-775-7967 PHONE 760-775-8329 FAX Washington 111, LTD is hereby requests that the SDP 2005-838 Appeal Hearing scheduled for Tuesday December 20th be deferred to the January 27th City Council heagng. Thank you. Sincerely, Bill Sanchez Owner's Representative C.C. Jack Tarr, Washington 111, LTD Mark A. Ostoich, Grisham Savage Nolan & Tilden Z. F/A St COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Continued Public Hearing to Consider an Appeal of the Planning Commission Approval of Site Development Permit 2005-838, Conditions No. 35 and 40(a). Appellant: Washington 1 1 1 , Ltd. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: r PUBLIC HEARING: i Adopt a Resolution of the City Council to uphold the Planning Commission's action approving conditions and findings for Site Development Permit 2005-838. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Project Proposal On September 27, 2005, the Planning Commission granted approval of Site Development Permit 2005-838 (Attachment 1), to construct the Sub -Major 5 and Shops 4 retail portions of the Washington Park Specific Plan (SP 89-01 1), consisting of a total of 27,225 square feet of retail space. This phase of the commercial development is located at the center of the project site immediately east of Washington Street and southeast of Simon Drive. The Site Master Plan (Attachment 2) is from the original Specific Plan and does not show all improvements as they exist today. It is provided to illustrate that the project design and phasing have evolved over time. The September 27, 2005 Planning Commission minutes are included as Attachment 3. Existing phases of Washington Park include Target, Circuit City, and Trader Joe's. Appeal Request The applicant has presented an appeal specific to Condition Nos. 35 and 40(a) (Attachment 4). Condition No. 35 requires a driveway access connecting the subject retail development to La Quinta Center Drive, which is consistent with the location identified and approved in the Specific Plan. Condition No.40 (a) prohibits the use of wheel stops (Attachment 5). The applicant based their appeal on the grounds that the driveway access requirement is not in accord with the phasing in the approved Specific Plan (SP 89-01 1), that the applicant has a vested right to rely on the Specific Plan, and that the City can not prohibit the use of a safety device. Appeal Considerations The following points are offered for the City Council's consideration on Condition No. 35: Phasing The approved Specific Plan for the subject property identifies the entire project to be constructed in two phases (SP 89-011 Amendment No.4, p.23 — Attachment 6). Actual project phasing has been proposed by the developer and approved by the Planning Commission review and approval of multiple site development permits over a period of years. As a result, infrastructure improvements cited in the Specific Plan have been incorporated into each proposed SDP application. The driveway access, recommended by the Planning Commission, connecting the subject phase to La Quinta Center Drive will reduce traffic congestion around the Washington Street side of the project, and will provide an alternative to Avenue 47, Washington Street, and La Quinta Center Drive, and the adjacent phases under construction, by providing the eastern ingress and egress as identified within the approved Specific Plan (Attachment 7). It should be noted that the approved Specific Plan does not address the extent of phased driveway access improvements, and site access has historically been addressed via the phased site development permit process. Traffic The Planning Commission was concerned that the left -turn movement at the corner of Simon Drive and Washington Street will be congested during peak hours. Hybrid -niche businesses such as Trader Joe's and fast -service establishments such as Pick -Up Stix and Just Java are considered high -volume, short -trip traffic generators and are an example of businesses proposed to operate in this portion of the subject property. This intersection will have a very short left turn signal time, due to timing issues with the signal at the corner of Highway 1 11 and Washington Street. At this point of development, an alternate route to the east will provide an important connection to La Quinta Center Drive, which in turn will allow connection to Avenue 47. Providing alternative south -bound ingress -egress options would effectively reduce dependence on the Washington Street and Simon Drive intersection. Vested Rights The applicant has stated that City's approval of the Specific Plan constitutes a vested right to develop the property. Specific Plans do not constitute vested rights in phasing that preclude the City from requiring necessary infrastructure improvements as part of the site development permit process. The southern driveway access to La Qunta Center Drive, identified and approved in the Specific Plan, has been deemed necessary as a part of this phase of development. Developers acquire vested rights only if they enter into a development agreement with the City or by obtaining all necessary permits and approvals and commencing construction. The Specific Plan phasing provision is vague and not intended to grant sole discretion to the developer in determining the need for on- and off -site improvements. The City has been open to the developer's proposed phasing program utilizing the Site Development Permit process. Since the phasing plan in the Specific Plan has not been followed, the City Council could require submittal and approval of a revised phasing program so infrastructure could be re- evaluated with the developer to facilitate the overall development of the site. The following points are offered for the City Council's consideration on Condition No. 40(a): Wheel Stops The Parking Chapter of the La Quinta Municipal Code, Section 9.150.080B (Attachment 8), provides parking space dimensions for regular and compact spaces. The regular space dimension requires a minimum 17-foot long parking space to curb with 2 feet of overhang. The compact space dimension requires a minimum length of 16 feet to curb with a 1 .5 foot overhang. Based upon the wording of the LQMC, staff has concluded that the intent of this provision is to encourage vertical curbing with a vehicle overhang as opposed to installation of concrete wheel stops. City policy has been to discourage the use of wheel stops as they have been deemed unnecessary when vertical curbing is in place and are also a trip hazard. Exceptions have been granted when walkway widths would be less than 4 feet without the use of wheel stops and no other feasible options were available to meet ADA compliance. The Planning Commission, in their review of the project, concurred with staff and determined that wheel stops were not necessary within the project area and approved the conditions of approval prohibiting wheel stops. Public Notice This case was advertised in the Desert Sun newspaper on November 5, 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. As of this writing, no comments have been received concerning this appeal. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Uphold the Planning Commission decision of September 27, 2005 and deny the applicant's appeal; or 2. Accept the applicant's appeal request and direct staff to prepare a Resolution overturning the Planning Commission and granting the appellant's request; or 3. Require the developer to amend the existing Specific Plan phasing plan to reflect the developer's desire to have multiple phases; or 4. Provide staff with alternative direction. Respectfully submitted, Douglas4Rvans, Community Development Director Approved for submission by: P d 'Thomas P. Genovese, City Manager Attachments: 1 . SDP 05-838 Site Plan 2. SP 89-01 1 Site Plan (large format, Council only) 3. September 27, 2005 Planning Commission Minutes (excerpt) 4. Appeal Letter from Applicant dated October 12, 2005 5. Planning Commission's Conditions of Approval (excerpt) 6. SP 89-01 1 Amendment No. 4, p.23 7. Staff Report for SDP 2005-838 8. La Quinta Municipal Code Section 9.150.080(B) r),* 1 ..,1 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION APPROVING THE 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 CASE NO.: SITE DEVELOPMENT PERMIT 2005-838 APPLICANT: WASHINGTON 111, LTD WHEREAS, the City Council of the City of La Quinta, California, did on the 20" day of December 2005, hold a duly noticed Public Hearing, continued from the 151h day of November 2005, and 6th day of December 2005 to consider an appeal by WASHINGTON 1 1 1, LTD regarding Conditions No. 35 and 40(a) of Planning Commission Resolution 2005-040 for the construction of a portion of a retail shopping center in the Washington Park commercial center located on the east side of Washington Street, south of Highway 1 1 1; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 271" day of September 2005, hold a duly noticed Public Hearing to consider the request of WASHINGTON 1 1 1 , LTD to approve the construction of a portion of a retail shopping center in the Washington Park commercial center located on the east side of Washington Street, south of Highway 1 1 1, more particularly described as: Parcel Map #32683-3 WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2002-072 for Specific Plan 89-01 1 Amendment No. 4, Washington Park Commercial Center. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscaping Review Committee, did on the 7th day of September, 2005, at a regular meeting, recommended approval of the development plans, subject to conditions; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify upholding the approval of the Planning Commission action on said Site Development Permit: P:\Reports - CC\2005\12-20-05\Washington Appeal\SDP Reso.doc City Council Resolution No. 2005-_ Site Development Permit 2005-838 Washington 1 1 1 , LTD Adopted: December 20, 2005 1 . The commercial units in this proposed phase of the project are consistent with the General Plan in that they are designated for regional commercial uses. 2. The commercial project has been designed to be consistent with the applicable provisions of the City's Zoning Code, or amended as allowed in compliance with Specific Plan 89-01 1 Amendment No.4. 3. The architectural design of the commercial project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with the surrounding development, previously approved and constructed phases, and with the quality of design prevalent in the City. The commercial center is suitably designed and conforms to the established theme of the project. 4. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment, exterior lighting, and other site design elements are compatible with previously approved and constructed phases, surrounding development, and with the quality of design prevalent in the City. 5. Project landscaping, including but not limited to the arrangement, variety, size, color, texture, and coverage of plant materials, with conditions, has been designed so as to provide relief, complement buildings, visually emphasize prominent design elements, screen undesirable views, provide a harmonious transition between adjacent land uses, and provide an overall unifying influence to enhance the visual continuity of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby uphold the decision of the Planning Commission approving Site Development Permit 2005-838 for the reasons set forth in this Resolution, subject to the Conditions, attached hereto; P:\Reports - CC\2005\12-20-05\Washington Appeal\SDP Reso.doc City Council Resolution No. 2005-_ Site Development Permit 2005-838 Washington 1 1 1, LTD Adopted: December 20, 2005 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 20T" day of December 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California I P:\Reports - CC\2005\12-20-05\Washington Appeal\SDP Reso.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 1 1 1, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 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 Site Development Permit. 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 Site Development Permit 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 (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District, Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 If previous permits are not in effect for Specific Plan 87-01 1 , Amendment No. 4, Parcel Map No. 30903 or Parcel Map No. 32683, 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 1 3.24.1 70 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP")., The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, Specific Plan 87- 01 1, Amendment No. 4, Parcel Map No. 30903 or Parcel Map No. 32683, and as required by the City Engineer. A. No additional right of way dedication is required for public streets for this Site Development Permit. 8. 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. 9. The applicant shall enter into a written encroachment/and or access agreements across and through abutting parcels and submit such documentation to with the City of La Quinta prior to occupancy. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 10. The applicant shall be a member of a Commercial Business Owners Association (or City approved equal) formed by all Parcel Owners of Parcel Map No. 32683 for the perpetual maintenance of the common parking areas. 1 1. Prior to issuance of a building permit, applicant shall provide written evidence of a Reciprocal Parking Agreement. 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. 12. 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. 13. 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 Commercial Precise Grading Plan 1 " = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1 " = 40' Horizontal Note. A thru C to be submitted concurrently. 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. The applicant shall prepare an accessibility assessment on annotated print of the building floor plan identifying every building egress and notes the 2001 P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. — SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 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. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements, retaining and perimeter walls, etc. ADA accessibility to public streets, adjacent buildings and existing and proposed handicap parking shall be shown on the Precise Grading Plans at a scale to be determined by the Public Works Department. Precise Grading Plans shall also require approval by the Community Development and Building and Safety Departments. 14. 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 horne page and look for the Online Engineering Library hyperlink. 15. 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 16. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 GRADING 17. The applicant shall comply with the provisions of Section 1 3.24.050 (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 1 3.24.1 70 (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 applicable improvement plans 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. 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. Building pad elevations on the rough grading plan submitted for City Engineer's *; e� ki-5 P:\Reports - CM2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 approval shall conform with pad elevations shown on the Site Development Permit Plan, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 22. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common parking lot frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 23. Prior to any site grading or re -grading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 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. 111:e ► eei9 25. Stormwater handling shall conform to the approved hydrology and drainage report for Parcel Map No. 32683 and be modified for this Site Development Permit. Therefore, the applicant shall submit a modified Hydrology Report to the City of La Quinta Department of Public Works as required by the Memorandum of Understanding entered into on May 3, 2005 between Washington 1 1 1, LTD and the City of La Quinta to the Public Works Department for approval as part of the plan check process for this Site Development Permit. Also, pursuant to P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 the aforementioned requirement, the applicant is required to construct drainage improvements on Washington Street as required by the Memorandum of Understanding concurrent with this Site Development Permit. The tributary drainage area shall extend to the centerline of adjacent public streets and in particular to stormwater handling for Washington Street. 26. The applicant shall provide proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets 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. The Memorandum of Understanding of May 3, 2003 shall supersede any conflicting provisions found in Engineering Bulletin No. 97.03. 27. 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. The Memorandum of Understanding of May 3, 2003 allows drywell installation in retention basin No. 4 for nuisance water disposal. 28. 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. 29. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 30. 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 P:\Reports - CC\2005\ 1 2-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 the historic drainage relief route. 31. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. The Memorandum of Understanding of May 3, 2003 shall supersede any conflicting provisions in regards to historical pass -through on adjacent sites. UTILITIES 32. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. 33. 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. 34. 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. TRAFFIC IMPROVEMENTS 35. Ancillary access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary South Entry — Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Secondary North Entry — Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Simon Drive s P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 1) Westerly Entry - Full turn movements are permitted. 2) Easterly Entry - Right turn movements in and out are permitted. Left turn movements in and out are prohibited. The applicant shall extend the driving aisle from the southeastern portion of the Site Development Permit to provide access to La Quinta Center Drive and Avenue 47, as cited for a latter phase in the specific plan, ahead of schedule. This temporary road, paved with 3" AC on native base, shall be completed prior to any certificate of occupancy approval. Final conditions concerning the improvements of this driving aisle will be addressed when building plans are reviewed. 36. 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 Areas (except high traffic areas) 3.0"a.c / 4.5" c.a.b. Parking Lot Areas (High traffic Areas) 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 37. 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. 38. 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. 39. The applicant shall construct a temporary 65' radius truck turnaround paved with 3" AC on native, to be located at the end of the driving aisle serving the Shops 4 side loading area. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 PARKING LOTS and ACCESS POINTS 40. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. 4-foot clearance for ADA accessibility across all sidewalk areas shall be provided excluding 2-foot overhang for parked vehicle. Wheel stops are not permitted. B. Parking spaces at the end of parking aisles against curb or wall shall be widened by two additional feet. C. Accessibility routes to other buildings and public streets shall be shown on the precise grading plan. D. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. E. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. F. If flush curbs are proposed for the proposed buildings, truncated domes shall be installed where required. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. SITE LAYOUT 41. Based on Drainage requirements, the applicant shall provide a Final Building Layout reconfigured or modified based on the aforementioned requirements or other requirements conditioned in this Site Development Permit to the Community Development and Public Works Department for approval. CONSTRUCTION P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 42. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. LANDSCAPING 43. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 46. 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. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. 48. Landscaped areas adjacent to parking spaces that have not been widened as per condition 40(B) shall include an 18" inch concrete strip to prevent damage from passengers exiting vehicles. 49. Additional landscaping shall be planted along the entire rim of the retention basin, including the rear of the structure and the side loading area. QUALITY ASSURANCE 50. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 51. 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. 52. 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. 53. 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 54. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 55. 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 56. 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. 57. 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). WASTE MANAGEMENT 3 12 P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 58. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with Waste Management. The trash enclosures shall be revised to Waste Management specifications with consideration to the proposed side loading area. COMMUNITY DEVELOPMENT 59. Details concerning the rear loading area designed for Shops 3 shall be included in the building plans to ensure conformance with the proposed Sub -major 5 loading area. 60. The proposed Sub -major 5 structural overhang at the retention basin shall be eliminated and modified to a stem wall in order to prevent stormwater retention below the proposed building. 61. Items cited on the building plans shall include a citation that they are consistent with materials used in the previously approved phases of the Washington Park Center. 62. Shade trellises shall be designed with double the number of cross -beams spaced no less than one and a half feet apart in order to provide additional shade cover. 63. All roof top mechanical equipment shall be fully screened from view, as per Section 9.100.050 of the Zoning Ordinance. 64. Pedestrian benches shall be provided at landscape -shaded intervals along the front portions of the project and underneath the trellis around the center water feature. 65. The water feature shall be approved by the Community Development Department concurrently with the landscape plan review. 66. Tubular -steel "ribbon -type" or other securable, foundation -inset bicycle parking racks shall be provided, large enough to accommodate five bicycles. Bicycle racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. 67. Color and design enhancements including, but not limited to, the addition of pilasters, shall be made to the rear of the structure to the specifications and P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 approval of staff. FIRE DEPARTMENT 68. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the buildings as measured along outside travel ways. 69. Blue dot reflectors shall be placed in the street eight inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 70. The water mains shall be capable of providing a potential fire flow of 2500 gpm for a 2-hour duration at 20-psi residual operating pressure. 71. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. 72. Fire Department connections (FDC) shall be not less than 25 feet nor more than 50 feet from a fire hydrant and shall be located on the front side of the buildings. FDC's and PIV's may not be located at the rear of buildings. Note also that FDC's must be at least 25 feet from the building and may not be blocked by landscaping, parking stalls or anything that may restrict immediate access. 73. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. 74. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 75. 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. 76. Fire Department street access shall come to within 150 feet of all portions of the 1 st. floor of all buildings, by path of exterior travel. Turning radiuses shall be P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2005-838 - APPEAL WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: DECEMBER 20, 2005 no less than 38 feet outside. 77. Any commercial operations that produce grease -laden vapors will require a Hood/duct system for fire protection. (Restaurants, drive-thru's, etc.) 78. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 79. Install a KNOX key box on each commercial building and/or suite. (Contact the fire department for an application) 80. Install portable fire extinguishers as required by the California Fire Code. 81. Any submissions to the fire department are the responsibility of the applicant. SHERIFF DEPARTMENT 82. Final conditions will be addressed when building plans are reviewed. Prior to issuance of a building permit, applicant shall review building plans with the Sheriff's Department regarding Vehicle Code requirements, defensible space, and other law enforcement and public safety concerns. All questions regarding the Sheriff's Department should be directed to the Deputy at (760) 863-8950. P:\Reports - CC\2005\12-20-05\Washington Appeal\COA.doc ATTACHMENT 1 • Planning Commission Minutes September 27, 2005 ATTACHMENT # 5. There being no other public comment hairman Kirk closed the public participation portion of the h ring. 6. Commissioner Quill stated h ould prefer receiving a complete site plan, with color boar showing a better relationship of this building and the existin uildings. 7. It was moved by ommissloners Daniels/Quill to adopt Planning Commission R olution 2005-040, approving Site Development Use Permit 05-840, as recommended. ROLL CALL: ES: Commissioners Daniels, Ladner, Quill, and Chairman irk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. Comr>i,issioner 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 (;•\wPnh('S\PC MiniitP.S\9-77-01; rinc 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. G:\WPDOCS\PC Minutes\9-27-05.doc • 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 deliver x trucks will be dropping off at the front door. He cannot see how a G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes • September 27, 2005 semi -truck can get in and out of the loading dock as designed. Mr. 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 the MOU entered into. Assistant City Engineer Steve Speer stated in May, 2004 because G:\WPDOCS\PC Minutes\9-27-05.doc 0 1 0 • Planning Commission Minutes September 27, 2005 n U the City and the developer could not come to terms in 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 from making suggestions in regard to the retention basin or the design of the retention basin requiring the undergrounding 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" shaped design, would the City have 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 the 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 G:\WPDOCS\PC Minutes\9-27-05.doc Planning Commission Minutes September 27, 2005 engineered to meet the water demand, but it seems it could have been designed to be more aesthetically pleasing if hydrology was not the driving force for design. He does believe loading and unloading will take place in the front of the building instead of the 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 be submitted 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 that 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 stated the design of the building is excellent, 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, C 21 G:\WPDOCS\PC Minutes\9-27-05.doc • Planning Commission Minutes September 27, 2005 elevations as well as the design on the rear of the building with increased landscaping. 31. Commissioner Daniels stated he would be more comfortable if the retention basin were underground. 32. Commissioner Quill stated he does not believe undergrounding the retention basin would solve the issues. He would suggested some of the issues could possibly 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 undergrounding at this location will not work and would be a million dollars in costs. In regard to the roadway, 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 where they could break up the parapet and introduce some alternative materials to break up the rear. 34. Chairman Kirk asked if the 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 collection shall be added to the east side of the building. C. Condition added: Additional articulation shall be added;to 313 !.-\wPnr7CS\PC Minutes\9-27-05.dor. Planning Commission Minutes September 27, 2005 the rear of the building. ROLL CALL: AYES: Commissioners Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Alderson. ABSTAIN: Commissioner Daniels. 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, idway between Madison Street and Monroe Avenue within the Madison ub. 1y 1. Chairman Kirk opened the public hearing and asked for the staff eport. Principal Planner Stan Sawa presented the information c ntained in the staff report, a copy of which was on file in the Co munity Development Department. 2. Chairm n Kirk asked if there were any questions of staff. Commiss' ner Alderson asked for an explanation of the buildings at the entr"310ce. Staff explained the layout. 3. Chairman Kirk asked if the applicant would like to address the Commission. M \allowst mlin, representing the applicant, gave a presentation ofct. He asked that Condition #43 be deleted as they ey had negotiated the best solution with both the City od La Quinta in regard to the entrance. Community DevDirector Doug Evans suggested it not be eliminated, but f to review the documents Mr. Gamlin referenced, andr a Specific Plan Amendment. 4. It was moved by Commis oners Daniels/Alderson to adopt Planning Commission Resol ion 2005-042, approving Site Development Use Permit 2005- 37, as recommended. ROLL CALL: AYES: Commissioners Alder n, Daniels, Ladner, Quill and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Environmental Assessment 2005-543 and Tents; request of Coral Mountain Tails, LLC for consider%i of approximately 317.61 acres into 219 resident street lots, and open space lots for the propE e Tract Map 33444; a ion of the subdivision `I lots, amenity lots, rtv located west of • G:\WPDOCS\PC Minutes\9-27-05.doc � ATTACHMENT #4 U GRESHAM SAVAGE NOLAN & TILDEN _ A PROFESSIONAL CORPORATION - LAWYERS • FOUNDED 1910 FOR THE FIRM; 550 EAST HOsrrrALiTY LANE, SUITE 300 . Mark A. Ostoich SAN BERNARDINO, CALIFORNIA 924084MS e-mail: MarkOstoichORreshamsavaRexom (909) 884-2171 • FACSIMILE (909) 888-2120 www.greshanisavage.com October 12, 2005 City of La Quinta Community Development Department 78.495. Calle Tampico La Quinta, California 92253 Re: Application for Appeal of Findings and/or Conditions. Applicant/Appellant: Washington 111, Ltd.. Site Development Permit 2005-838 — Construction of Three Commercial Buildings La Quinta Planning Commission Hearing of September 27, 2005 Dear Sirs/Madams: This firm has been retained by Washington .111, Ltd. (the "Appellant!D regarding their appeal of conditions of approval for Site Development Permit 2005=838 regarding the proposed construction of three commercial buildings within the Washington Park Commercial Center project ("Project'), and any findings .supporting those conditions of approval. Appellant is. appealing only .the following conditions of approval adopted by. the La Quinta Planning Commission (the "Commission') at the hearing on September 27, 2005, and any findings supporting those conditions of approval: 1. Appellant appeals and objects to Condition 36, requiring Appellant to advance the scheduled extension of the planned, internal drive aisle running from the southern portion of the Site and providing access to La Quinta Center Drive and Avenue 47 (."Southeasterly Drive Aisle'). 2. Appellant appeals and objects to Condition 40(a) prohibiting wheel stops. Appellant appeals and objects to those conditions of approval and any findings .supporting them based on a variety of grounds, including the: following: . A. The Commission cannot impose the condition that Appellant provide the specified access ahead of schedule. The Commission and the City are concerned about circulation and access, and apparently found that the extension of the planked drive aisle running from the southern portion of the Site Development Permit to La Quinta Center Drive and thereby providing access to La Quinta RIVERSIDE OFFICE • 3750 UNIVERSrrY AVENUE, SUrrE250, RIVEPMDE, CA 92501-3335.• (051) 684-2371 • FACSIMILE-(951) 684-2150 \Y742-000 _ 50522,1 VICTORVILLE OFFICE • 13911 PARK AVENUE, SUITE 208, VICTORVILLE, CA 92392 • (760) 243-2889 - FACSIMILEV60) 2434K67 V • • GRESHAM SAVAGE NOLAN & TILDEN, A PROFESSIONAL CORPORATION - Mark A. Ostoich October 12, 2005 Page 2 . Center Drive .and Avenue 47, would alleviate the concern. Circulation and access are basic project infrastructure issues, which were resolved in Specific Plan Amendment No. 4 and the environmental document prepared in connection with the Amendment. Consistent with those approvals, the City subsequently approved a phased parcel map, which allowed the project to be built in multiple phases. The Southeasterly Drive Aisle was always planned for installation during a later project phase, and the City has not provided any evidence showing a change m conditions. As long as the sequencing of the ingress and egress improvements is consistent with the Specific Plan, Appellant objects to the Planning Commission's attempt to advance the timing of the scheduled improvements. B. The Commission cannot prohibit the use of wheel stops. Applicant owes a duty of care to third persons who enter onto Applicant's property. (California Civil Code § 1714 (a)) As stated in Davert v. Larson, 163 Cal.App.3:d 407, 410, 209 Cal.Rptr. 445 (1985), "Generally, the duty owed by a landowner is nondelegable." Since Applicant will be responsible for safety of those on the property, the Commission cannot prohibit the use of wheel stops as a safety device. Wheel stops promote safety in several ways. Without a.wheel stop, the front of a motor . vehicle may overhang the sidewalk by several feet. If a pedestrian is on the sidewalk, a vehicle may actually strike the pedestrian in the absence of a wheel stop. Furthermore, the Americans. with Disabilities Act (codified in Title 42 of the United States Code) requires a minimum sidewalk width to accommodate people with wheelchairs or other mobility -related needs. A vehicle overhanging the sidewalk might reduce the available sidewalk area to below this minimum and hamper access by someone with disabilities. Wheel stops have been approved for all prior Site Development Permits on this project, including the Specific Plan. Conditioning approval of this Site Development. Permit on the absence of wheel stops will create an aesthetic break across the WashingtonPark.project and exacerbate the problem of vehicle overhang as drivers rely on the nonexistent wheel stops. In addition, City staff s apparent preference for bollards over wheel stops never arose at the above -referenced' Planning Commission hearing. Neither the discussion at the Planning Commission hearing nor . the conditions of approval themselves requires any safety improvements such as bollards. The Applicant's preferred safety measure is wheel stops, rather than bollards. For all of the above reasons, the Applicant's preferred safety: measure is reasonable and should be given preference over City staffs preferred safety measure. C. Appellant has a vested right to rely on the Specific Plan. Appellant has a "vested right" to rely on the Specific Plan and the approvals and permits obtained thus far on this project. Appellant has already performed a substantial amount of work W742,OW — 505211 R_5 ll GRESHAM SAVAGE NOLAN & TILDEN, • . A PROFESSIONAL CORPORATION Mark A. Ostoich • October 12, 2005 Page 3 in reliance thereon and has diligently proceeded with the Washington Park Project. Since Appellant has proceeded in good faith reliance upon the approvals already obtained from the City, the Commission should not now accelerate conditions or add preventive conditions which do not have a nexus to the proposed buildings. As stated in Avco Community Developers, Inc. v. South Coast Regional Commission, 17 Cal.3d. 785, 791 (1976), "It has long been the rule in this state and in other jurisdictions that if a property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon a permit issued by the government, he acquires a vested right to complete construction in accordance with the terms of the permit. Since the City of La Quinta has previously approved the Specific Plan_ Amendment No. 4, as well as the remaining provisions of the Specific Plan and the pernuts for the work done thus far on the Washington Park Project, the Commission should not now make approval of this particular Site Development Permit conditional upon improvements approved for a later stage or abandonment of wheel stops as safety features. Fairness dictates\that Appellant be allowed to complete development of this project in accordance with the approvals that it has already obtained. Very truly yours, Mark A. Ostoich, of GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation MAO/pmj Cores\Appeal Letter -Site Development Permit 2005-838 N742.000 - 305=1 S • • PLANNING COMMISSION RESOLUTION 2005-041 CONDITIONS OF APPROVAL FINAL SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: SEPTEMBER 27, 2005 TRAFFIC IMPROVEMENTS • ATTACHMENT 5 35. Ancillary access points and turning movements of traffic are limited to the following: A. Washington Street 1) Primary South Entry - Right turn movements in and out and left turn movements in are permitted. Left turn movements out are prohibited. 2) Secondary North Entry - Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Simon Drive • 1) Westerly Entry - Full turn movements are permitted. 2) Easterly Entry - Right turn movements in and out are permitted. Left turn movements in and out are prohibited. The applicant shall extend the driving aisle from the southeastern portion of the Site Development Permit to provide access to La Quinta Center Drive and Avenue 47, as cited for a latter phase in the specific plan, ahead of schedule. This temporary road, paved with 3" AC on native base, shall be completed prior to any certificate of occupancy approval. Final conditions concerning the improvements of this driving aisle will be addressed when building plans are reviewed. 36 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 Areas (except high traffic areas) 3.0"a.c / 4.5" c.a.b. Parking Lot Areas (High traffic Areas) 5.5" a.c./6.5" c.a.b. 40 or the approved equivalents of alternate materials. 0 i nc 000 P_L,\Pr rnA snP 9005-838 FINALAOC PLANNING COMMISSION RESOLUTION 2005-041 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: SEPTEMBER 27, 2005 37. 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. 38. 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. • 39. The applicant shall construct a temporary 65' radius truck turnaround paved with 3" AC on native, to be located at the end of the driving aisle serving the • Shops 4 side loading area. PARKING LOTS and ACCESS POINTS 40. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). In particular, the following are conditioned with this approval. A. 4-foot clearance for ADA accessibility across all sidewalk areas shall be provided excluding 2-foot overhang for parked vehicle. Wheel stops are not permitted. B. Parking spaces at the end of parking aisles against curb or wall shall be widened by two additional feet. C. Accessibility routes to other buildings and public streets shall be shown on the precise grading plan. D. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. E. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. 0 F. If flush curbs are proposed for the proposed buildings, truncated domes shall be installed where required. r n +q A P:\Reports - PC\2005\09-27-05\SDP 05-838 Washington Park\PC COA SDP 2005-838 FINAL.doc • PLANNING COMMISSION RESOLUTION 2005-041 CONDITIONS OF APPROVAL - FINAL SITE DEVELOPMENT PERMIT 2005-838 WASHINGTON PARK 111, LTD. - SUBMAJOR 5 & SHOPS 4 ADOPTED: SEPTEMBER 27, 2005 Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. SITE LAYOUT 41. Based on Drainage requirements, the applicant shall provide a Final Building Layout reconfigured or modified based on the aforementioned requirements or other requirements, conditioned in this Site Development Permit to the Community Development and Public Works Department for approval. CONSTRUCTION 42. 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. CJ LANDSCAPING 43. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. P:\Reports - PC\2005\09-27-05\SDP 05-838 Washington Park\PC COA SDP 2005-838 FINAL.doc � ATTACHMENT 6 0 V. DEVELOPMENT REGULATIONS The development regulations contained herein provide specific standards relative to permitted land uses in addition to site design and construction regulations to be applied within the Specific Plan Area. They are intended to protect the public health, safety, and welfare and to create a harmonious relationship with surrounding land. In general, this specific plan is consistent with the CC Zone of the City of La Quinta Zoning Code unless a different standard is identified below. Should a development standard contained in this Specific Plan conflict with an equivalent standard contained in the City of La Quinta Zoning Code, the provisions of the Specific Plan shall take precedence. In instances where the Specific Plan does not address a particular regulation, the applicable portion of the City of La Quinta Zoning Code shall govern. The Community Development Director shall have the authority to approve minor adjustments during Development Permit Review, so long as he determined such adjustments are consistent with the Specific Plan Land Use Plan. VI. PHASING AND IMPLEMENTATION Required ROW improvements, site preparation, and utilities work will begin as soon as the required approvals are available. The entire development will be constructed in two phases with construction beginning as soon as the required approvals are available. Two general contractors • have been selected. The development will be sequenced to maximize efficiency and to accommodate current tenant requirements as quickly as is reasonable. Lease negotiations and project marketing to attain 100% occupancy are subject to market conditions and are ongoing. VII. DESIGN GUIDELINES A. Overview The Design Guidelines for the Specific Plan have been developed as a method of achieving a high quality, cohesive design character for the development of Washington Park They provide specific design criteria for the development of the project, as well as encouraging creativity, imagination and a high level of harmony and consistency within the surrounding community. Adherence to the Design Guidelines will create a desirable asset to the community and enhance the project's overall value. These guidelines will govern the design quality of the project for application in the following ways: • To provide the City of La Quinta with the necessary assurance that the Specific Plan area will develop in accordance with the quality and character proposed; • To provide guidance to developers, builders, engineers, architects, landscape ,architects and other professionals in order to maintain the desired design quality; • To provide guidance to City staff, the Planning Commission and the City Council in the review of construction plans for the Specific Plan area. V.- I 1 1, LIU *ATTACHMENT #7 • STAFF REPORT PLANNING COMMISSION DATE: SEPTEMBER 27, 2005 CASE NO.: SITE DEVELOPMENT PERMIT 2005-838 REQUEST: 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 & SHOPS 4) LOCATION: BOUNDED BY HIGHWAY 111, AVENUE 47, WASHINGTON STREET AND ADAMS STREET APPLICANT: WASHINGTON 1 1 1, LTD PROPERTY OWNER: WASHINGTON 111, LTD ENVIRONMENTAL • REVIEW: THE CITY COUNCIL CERTIFIED ENVIRONMENTAL ASSESSMENT 2002-072 FOR SPECIFIC PLAN 89-011, AMENDMENT NO.4 WASHINGTON PARK SPECIFIC PLAN. NO CHANGED CIRCUMSTANCES OR CONDITIONS AND NO NEW INFORMATION IS PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF A SUBSEQUENT ENVIRONMENTAL ASSESSMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. ZONING: REGIONAL COMMERCIAL (RC) GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC) SURROUNDING ZONING/LAND USE: NORTH: REGIONAL COMMERCIAL (RC) SOUTH: REGIONAL COMMERCIAL (RC) EAST: REGIONAL COMMERCIAL (RC) WEST: LOW DENSITY RESIDENTIAL (LDR) • r) ,� r %, AV • • BACKGROUND AND OVERVIEW: • Site Development Permit The request is for approval of a Site Development Permit to construct a portion of a retail shopping center in the Washington Park commercial center, consisting of a total 27,225 square feet. Though the specific plan initially identified the project to be constructed in two phases (SP 89-01 1 Am. No.4, p.23), submittal of the project have been by means of multiple site development permits. This submittal is designated as Sub -Major 5 and Shops 4. Site Plan This phase of the site is located at the center of the project site along Washington Street and southeast of Simon Drive. Parking will be located along the front of the proposed units towards Washington Street and, to a lesser extent, at the south side of the development. A landscaped retention basin is proposed immediately to the rear of the units, requiring the Shops 4 segment of units to utilize the southeast side for loading access. A water feature is proposed at the center pedestrian court, which will serve as the focus for this phase. The previously approved Shops 3 portion of the site, currently under plan check, will be attached to the north side of the Sub -Major 5 unit. Parking and Access • Primary vehicular access to this proposed phase of Washington Park will be from two un-signaled driveways accessing Washington Street. Driveways along Simon Drive will provide secondary access. As currently proposed, access to Avenue 47 will not be available until future phases are completed. . The overall parking standard for Washington Park is 5 spaces per 1,000 SF of floor area (SP 89-011 Amd#4, p.10), which would require 135 parking spaces for this phase. Site plans identify approximately 175 parking spaces either adjacent to, or immediately fronting this phase of the project (Attachment 1). Public Works Concerns Concerns have been raised with regards to circulation and access associated with all previously approved phases combined with the phase under consideration. The traffic study conducted for the Specific Plan did not consider phasing of development or specific uses such as Trader Joe's that are known for generating a relatively large number of trips. Currently, ingress and egress for these phases of development is focused upon the Washington Street driveways and Simon Drive, preventing opportunity for left turn movement on to Washington Street. A future signal is currently under construction for the Simon Drive and Washington • Street intersection. Once constructed, left turn movement on to Washington will be r� r • permitted. However, a short left turn signal cycle will exist due to the need to coordinate timing with the Washington and Highway 111 signal. The introduction of this signal will result in a significant increase in trips at this intersection primarily due to the demand for left turn movement on to Washington. Future phases of development will provide an additional alternate access route by connecting with La Quinta Center Drive, which in turn connects with 47' Street and Highway 111. 471h Street provides another option for left turn movement on to Washington as it is an existing signalized intersection. In order to address the circulation and access concerns, two options have been proposed. The preferred method would be to provide a south access connection to La Qunta Center Drive, as previously identified and approved in the specific plan. This would be constructed prior to occupancy of this phase of development. This route would allow the opportunity for vehicles to access Avenue 47 via La Quinta Center Drive. The alternative would be to conduct an updated traffic study to specifically address the Washington Street and Simon Drive intersection and the trip impact of the previously approved phases combined with the phase under construction. Study recommendations for improvements, if any, would be installed or constructed prior to occupancy for this phase of development. • Retention Basin The applicants have proposed a portion of the aforementioned retention basin to extend underneath the southeast corner of the Sub -Major 5 structure. Staff recommends this cantilevered condition be revised to a stem wall, in order to prevent the accumulation of debris or other activity. Although the purpose of this is to provide additional storm water retention, Public Works has indicated that the retention basin could be modified to eliminate the overhang and include an access ramp necessary for maintenance purposes. Architecture and Landscape Design The proposed architectural design is a continuation of the Washington Park style, characterized as "Desert Deco ... an interpretation of contemporary, modern, and art deco architecture." Identical to existing phases, Sub -Major 5 and Shops 4 will have a seamless architectural transition from the previously approved Shops 3 phase currently under plan review. The building utilizes a staggered roof line at 18 to 22 feet in height, an anodized aluminum store front, glass doors, awnings, wood trellises with steel support, and color band wainscoting. Exterior walls will consist of stonework and stucco with warm muted colors in the same manner as previous phases, such as the existing • Target, Stein Mart, and Circuit City retail stores. The proposed landscape plan is consistent with and conforms to the Specific Plan . guidelines, including the palette of plant materials. Landscaping is proposed at regular intervals along the front, side, and rear of the structure. The rear retention basin will utilize decomposed granite and a soil stabilizer. Trees and shrubs are proposed along portions of the basin rim. The preliminary landscape plan consists of Guadalupe Palms and Mexican Fan palm trees and shade trees including Sweet Acacia, Chilean Mesquite, and Hybrid Palo Verdes. The ground cover and shrub plant material are low water consumption and are native to the area. ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE (ALRC) REVIEW: The ALRC reviewed this request at the September 7, 2005 meeting (Attachment 3). The Committee adopted Minute Motion 2005-838 recommending approval with the following conditions: 1 . Landscaped areas adjacent to parking spaces shall include an 18" inch concrete strip to prevent damage from passengers exiting vehicles. Such provisions could include a wider curb or step for passengers and should not reduce the overall landscaped area or conflict with the proposed landscaping and sidewalk pattern. 2. The trash enclosures should be revised to Waste Management specifications with consideration to the proposed side loading area. • 3. Details concerning the loading area designed for Shops 3 should be submitted, as Sub -major 5 utilizes the Shops 3 loading area. Parking and driving aisle details concerning the adjacent future phases located to the south would help clarify ingress and egress at the proposed side loading area for this phase. 4. The proposed Sub -major 5 structural overhang at the retention basin should be eliminated and modified to a stem wall. 5. Additional landscaping should be planted along the entire rim of the retention basin, including the rear of the structure and the side loading area. 6. Provisions for a maintenance ramp have been requested by Public Works. Ramp access should have a 3:1 slope. 7. Items cited on the materials board should include a citation that they will be consistent with materials used in previous approved phases of Washington Park. 8. Although the plans identify variations between awnings and trellises, additional canopy shade for pedestrian areas should be considered. r-rnnnnn9:n1T� FRnM OTHER DEPARTMENTS AND AGENCIES: • The project was sent out for comment to City Departments and affected public agencies on August 16, 2005, requesting comments returned by September 2, 2005. All applicable comments are incorporated in the Conditions of Approval. PUBLIC NOTICE: This project was advertised in the Desert Sun newspaper and posted on September 17, 2005. All property owners within 500 feet of the site were mailed a copy of the public hearing notice. ANALYSIS AND ISSUES: The findings necessary to approve the Site Development Permit can be made provided the recommended Conditions of Approval are imposed per Section 9.210.010 of the Zoning Code as noted in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2005-_, approving Site Development Permit 2005-838 to allow construction of three commercial buildings (Sub -Major 5 & Shops • 4), subject to conditions. ATTACHMENTS 1. Plans and Elevations 2. Minutes for the September 7, 2005 Architecture and Landscape Review Committee Prepared by: Andrew J. Mogensen, Associate Planner 0 9. ] 50.080 Parking facility design standards. 40 Page 1 A�CHMENT #8 9.150.080 Parking facility design standards. A. Parking Layout and Circulation. 1. Except for single-family detached, single-family attached, duplex and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 2. No parking space shall be located within three feet of any property line. 3. Tandem parking shall be permitted only in mobilehome parks/subdivisions, as driveway guest parking for single-family detached, single- family attached and duplex residential uses, and where valet parking is provided. 4. With the exception of single-family detached, single-family attached and duplex residential uses, all parking bays shall be bordered by continuous curbs to serve as drainage channels and as wheel stops. Individual wheel stops shall not be permitted in lieu of such curbs. 5. All driveways shall be designed for positive drainage. If an inverted crown is proposed for a driveway, the center portion shall be a ribbon gutter of portland cement concrete rather than asphaltic concrete. 6. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking bay maneuvering areas, etc. Parking shall not be arranged to require backing out into major access drives. 7. In order to avoid dead-end aisles, parking bays with ten spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay. 8. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway. Such accessways shall conform to the following standards: a. All parking facilities taking access from a major, primary or secondary arterial highway shall have a parking accessway between the arterial and the parking aisles. b. Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of thirty feet for projects with zero to two hundred parking spaces, fifty feet for 'Wojects with two hundred one to three hundred fifty spaces, seventy feet for projects with three hundred fifty-one to four hundred fifty spaces, and nety feet for projects with four hundred fifty-one spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street c. Parking accessways from nonarterial streets and highways shall be not less than twenty feet in length from the ultimate curbline of the adjacent street d. One-way accessways shall have a minimum width of fifteen feet, unless the accessway is a fire lane, which requires a minimum of twenty feet. e. Two-way accessways shall have a minimum width of twenty-eight feet. 9. Entry/exit driveways shall be placed where they result in the least interference with the flow of traffic on the public street to which they connect. 10. Joint entry driveways are encouraged and shall be arranged to allow parking lot maneuvering from one establishment to another without requiring exit to the street Adjacent properties shall maintain agreements which permit reciprocal driveway connections across property lines. B. Parking Facility Design and Dimensions. 1. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: width, nine feet; length, seventeen feet to curb plus two feet overhang; where curbs are not provided, a minimum length ofnineteen feet is required. 2. Compact Space Dimensions. Compact spaces are permitted only if such spaces are in excess of the minimum parking requirement for the use. Compact vehicle spaces shall have the following minimum dimensions: width, eight and one-half feet; length, sixteen feet to curb plus one and one-half feet overhang; where curbs are not provided, a minimum length of seventeen and one-half feet is required. Compact vehicle spaces shall be clearly marked and distributed throughout the parking facility. 3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by two additional feet and/or shall have a backing -out pocket provided. 4. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine feet wide and twenty-four feet in length to permit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in width. All d spaces confined by a curb shall be thirty feet long. 5. Support Posts. No support posts or other obstructions shall be placed within one and one-half feet of any parking stall, except that such obstructions are allowed adjacent to the stall within the first six feet of the front of the stall, including any overhang area (see illustration). 9.150.080 Parking facility design standards. Page Z Ftgnm 5�.jo: umftmio- on ob--nuns Aa B—I to P-kb* stalk 6. Parking Aisles. Table 9-13 following contains minimum dimensions for parking aisles: Table 9-13 Minimum Parking Aisle Dimensions Parking Angle (degrees) One -Way Aisle Width (feet) Two -Way Aisle Width (feet) 0-44 (00 = parallel) 14 26 45-54 16 26 55-64 18 26 65-79 22 26 80-90 26 26 7. Space Marking. All parking spaces in a residential or nonresidential parking lot shall be clearly marked with white or yellow paint or other easily distinguished material with each space marking consisting of a double four inch wide hairpin stripe, twelve inches on -center. 8. Entry/Exit Driveways. Entry and exit driveways for commercial and multifamily parking lots shall be a minimum of twenty-eight feet wide plus any median width (medians shall be a minimum of three feet wide). Additional turning lanes, if required, shall be a minimum of twelve feet in width. One-way entry or exit drives shall be a minimum of sixteen feet in width. Maximum driveway width shall be forty-eight feet plus median width properly radiused. Internal driveways shall conform to the minimum widths, depending on the angle of parking in Table 9-13 of this section. 9. Curve Radii. Entry driveways shall have a minimum curb radius of five feet. Internal curb radii shall be a minimum of three feet. Driveway curve radius shall be a minimum of sixteen feet inside and twenty-nine feet outside if confined by a curb or other construction. 10. Sight Distance. No parking space shall encroach on the obstruction -free zone provided for sight distance at access points to major drives or streets. The obstruction -free zone shall be a six -foot -wide linear strip adjacent to the curbline of the street or major drive and shall extend in both directions from the access point in accordance with Riverside County road department standard drawing No. 806. 11. Residential Garages. Minimum interior dimensions in residential garages and carports shall be ten feet in width per car by twenty feet in depth. (For example, a two -car garage shall be minimum twenty feet wide by twenty feet deep.) C. Fire Lanes. 1. Fire lanes meeting fire department standards shall be provided to allow access to all structures (both front and rear) for fire, law enforcement, and emergency medical purposes. 2. Fire lanes shall be kept separate from loading or service areas and the overall parking layout shall be configured so as to minimize possible obstruction of the fire lane. 3. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions. D. Pedestrian Circulation. 1. The purpose of a parking lot is to provide for the transition from vehicular to pedestrian movement. All parking lot arrangements shall be designed to provide for the maximum safety and convenience of pedestrians in their movement to and from the parking area. 2. Where possible, landscaped areas shall also contain paved pedestrian walks for the safe movement of pedestrians. 3. On major driveways, crosswalks shall be provided to mark cross -vehicular pedestrian movement. 4. Textured surfaces, signs and speed bumps shall be used to keep vehicular speeds low. E. Loading and Other Service Facilities. 1. Off -Street Loading Requirements. a. Whenever the city determines that the normal operation of any use or development requires that goods, merchandise or equipment to be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this subsection to accommodate such activities in a safe and efficient manner. For purposes of this chapter, the term "loading" means both loading and unloading. r� U • c http://www.gcode.us/codesA aquinta/vi ew.php?topic=9-9_ 150-9_ 150_080 de ' st ndards 9.150.080 Parlang facrhty stgn a • Page 3 0 b. Table 9-14 following shows the number and size of loading berths expected to satisfy the standards set forth in this subsection. However, the planning commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in 4 section E1 a of this section: Table 9-14 Number of Loading Berths Required by Floor Area Gross Floor Area (sq. ft.) Minimum Loading Berths Required 1,000-19,999 1 20,000-79,000 2 80,000-127,999 3 128,000-191,999 4 192,000-255,999 5 265,000-319,999 6 320,000-391,999 7 Each additional 72,000 square feet or fraction thereof 1 additional berth c. Each loading berth shall be not less than forty-five feet in length and twelve feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen feet. d. Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than fifty feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the planning commission may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility. e. Loading berths shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, complete the loading and unloading operations without obstructing or interfering with any fire lane, public right-of-way or any azking space or parking lot aisle. f. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting to a street or alley. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion. g. Sufficient room for turning and maneuvering delivery vehicles shall be provided on the site so that vehicles are not required to back up in order to leave the site. h. The loading berth, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be graded and drained so as to dispose of surface water without damage to private or public properties, streets or alleys. i. Bumper rails and bollards shall be provided at locations where needed for safety or to protect property. j. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to minimize glare. k. No repair work or servicing of vehicles shall be conducted in any loading berth. 1. Off-street loading facilities shall be located on the same site as the use served. m If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. n. Loading facilities for a single use shall be considered as providing required loading facilities for any other use on the same site as long as sufficient spaces are provided to meet the requirements of all uses. o. Off-street loading berths shall be provided prior to the time of initial occupancy or prior to completion of major alterations or enlargement of a structure or site. The number of loading berths provided for a major alteration or enlargement of a structure or site shall be in addition to the number existing prior to the alteration or enlargement. p. No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off- street parking area be used to satisfy the area requirements for loading facilities. q. No loading berth which is provided for the purpose of complying with the provisions of this section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this 0hapter. T. Because of the weight of trash trucks and other delivery vehicles, alleys and loading berths serving such vehicles shall be improved with a minimum structural section of three and one-half to six inches of portland concrete over a suitable base, depending on a recommendation by a registered civil engineer. http://www.gcode.us/cod-sAaquinta/view.php?topic=9-9_150-9_150 080 •' 9.150.080 Parking facility design standards. 2. Utilities. All utility connections, utility meters and mechanical equipment shall be accessible from an area adjacent to (but not within the maneuvering area ofl the fire lanes. Enough space shall be provided for a service truck to park adjacent to the utility area. Such area shall not conflict with the loading and maneuvering areas required per subsection G I of this section. 3. Trash Facilities. Trash enclosures shall be provided exclusively for trash collection in accordance with the requirements of Section 9.100.200. F. Parking Lot Surfacing. Page 4 1. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No pending shall be permitted. 2. All parking and maneuvering areas shall be paved with paving blocks or asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrms). 3. The minimum thickness for portland concrete surfacing is three and one-half inches and shall be increased as needed to accommodate the expected loading. Expansion joints shall be provided. 4. The minimum structural section for asphaltic concrete pavement shall be compacted to a minimum thickness of three inches on four inches of Class Two base. The base thickness can be varied based on the recommendation of a preliminary soil report. A modified structural section may be used based upon the recommendation of a registered civil engineer if approved by the city. G. Valet Parking. 1. Valet parking shall be reviewed by the planning commission in conjunction with the site development permit or other entitlement for the use or separately as a minor use permit per the procedures of Section 9.210.020. 2. When valet parking is provided, a minimum of twenty-five percent of the required parking area shall be designated and arranged for self - parking to prevent on -street parking and blocking of fire lanes. 3. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity to accommodate three cars. 4. The route from the drop-off pickup point to the area designated for parking shall be via an on -site private drive and shall not utilize any public street. 5. A safe pedestrian route for valet staff shall be provided which does not cross the path of the valet parking route. 6. All valet parking approvals shall be conditioned to require that sufficient liability insurance for patrons be carried during each year of operation. H. Shopping Cart Storage. 1. Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks. 2. Cart racks shall be distributed so that no parking space within the facility is more than 100 feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts. 3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts. 4. Nonresidential site development permit approvals shall include a condition requiring parking lots to be cleared of shopping carts no less frequently than once every two hours. More than twenty-five percent of the required parking spaces blocked by shopping carts shall constitute a public nuisance and shall be abated. 5. Site plans and parking facilities shall be arranged in such a way that pedestrians with carts need not cross major internal driveways or alternatively, to provide a crosswalk at crossing points with textured paving preceding the crosswalk to alert drivers. 6. If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The planning commission may also require a screening wall or landscape screening in front of such a cart storage area. I. Underground and Decked Parking. 1. The minimum dimensions for underground, decked or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure. 2. The clearance heights of overhead obstructions shall be clearly marked. 3. A level or nearly level transition area between the street and ramps up or down, parking shall be provided for a distance which will provide adequate sight distance at the street. 4. Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the planning commission. 5. Parking structures shall be subject to site development permit review in all cases. As part of such review, special care shall be taken to prevent the mass and height of parking structures from intruding into the streetscape. 6. Multiple -level parking structures shall contain light wells (minimum dimensions: twenty by twenty), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. Tall trees (especially palms) shall be used to tie together the various levels of the parking structure. In addition, the planning commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. http://www.acode.us/codes/laquinta/view.php?topic=9-9_ 150-9_ 150_080 • • • rlci f 'l4t .4; standards 9.150.0$0 Pa nD act r y esrgn • Page 5 0 J. Drive -Through Facilities. Drive -through facilities shall conform to the following regulations: 1. No drive -through facility shall be permitted within two hundred feet of any residentially zoned or used property. 2. Safe on- and off -site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not Wict with entering or exiting traffic, with parking, or with pedestrian movements. 3. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. 4. The drive -through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping. 5. Vehicles at service windows or machines shall be provided with a shade structure. 6. Amplification equipment, lighting and location of drive -through elements and service windows shall be screened from public rights -of -way and adjacent properties per the provisions of subsection L of this section. 7. Exits from drive -through facilities shall be at least three vehicles in length, shall have adequate exiting sight -distance, and shall connect to either a signalized entry or shall be limited to right turns only. The drive aisle shall be a minimum of twelve feet in width. K. Lighting of Parking and Loading Areas. 1. Illumination of parking and loading areas shall conform to the requirements of this subsection and Section 9.100.150 (Outdoor lighting). 2. Lighting shall be provided for all parking facilities. 3. All off-street parking areas in multifamily residential projects shall be illuminated at night. 4. Commercial establishments shall provide night lighting throughout required parking areas at all hours of customer and employee use. 5. Lighting, where installed for parking area, sales and/or display area, shall be arranged so as to reflect away from adjoining residential areas and shall be designed to minimize impacts on vehicular traffic and residents. 6. Light sources shall not be visible from off the property, shall not direct light skyward, and shall be so arranged by means of filters or shields to avoid reflecting light onto adjoining properties or streets per Section 9.100.150. 7. Light standards should be placed between parking spaces or built into landscaped areas. 8. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or eighteen feet (measured from finish grade at the base of the standard), whichever is ater. Graduated light standard heights within a site with lower heights in peripheral areas may be required by the planning commission to provide 4Fpatibility with adjoining properties and streets. 9. Average illumination levels at finish grade in parking areas which require lighting shall be between one and two footcandles, with a maximum ratio of average light to minimum light of three to one. Lighting plans shall take into account the placement and growth of landscape materials.. L. Screening of Parking Areas. 1. Screening Required. Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this subsection. 2. Height. Screening shall be a minimum of three feet high adjacent to public streets or nonresidential uses and a minimum of six feet high adjacent to residential uses, except that screening shall not exceed thirty inches high where required for motorist sight distances as specified in Section 9.100.030. This height restriction shall not apply in the VT Tampico urban mix district. 3. Screening Walls. a. Wall Materials. Walls shall consist of concrete, stucco, plaster, stone, brick, tile or similar type of solid material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), pilasters, open panels (e.g., containing wrought iron), periodic variations in materials, texture or colors, and similar measures. Screening walls or fences may also include open portions (tubular steel, wrought iron, etc.) if the city determines that the desired screening of parking areas and noise attenuation is still achieved. c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the city. 4. Other Screening Materials. In addition to walls, if approved by the decision -making authority, screening may consist of one or a combination of the following materials: a. Plant Screens and Berms. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms,(earthen mounds). Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within eighteen onths after initial installation. Width of landscape strips and other landscaping standards shall be in accordance with subsection M of this section. 16b. Solid Fences. If permitted in the zoning district, a solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. c. Open Fences. An open weave or mesh -type fence shall be combined with plant materials to form an opaque screen. M. Parking Facility Landscaping. bttp://www.qcodc.us/codes/laquirAa/view.php?topic=9-9_1 50-9_ 150_080 9 150 080 Parkin facility design standards. Page 6 1. Purpose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this subsection. 2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the • opinion of the decision -making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with subsection L of this section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than thirty inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the ultimate property line (i.e., after street dedication), shall be in accordance with Table 9-15 following. (See also Nonresidential Development Standards, Chapter 9.90.) • http://www.gcode.us/codes/laquinta/view.php?topic=9-9_ 150-9_ 150_080 • 9.150.0$0 Parking facility design standards. Page 7 Table 9-15 Required Perimeter Landscaping Street or Highway Minimum Width of Planting Strip (feet) Highway 111 50 Primary image corridors* 20 Other streets and highways 10 The following are primary image corridors as identified in the general plan: Washingtou Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). 5. Interior Landscaping. a. Within open parking lots (i.e., not including parking structures) containing four or more parking spaces, landscaping equal to at least five percent of the net parking area shall be provided within parking areas. Perimeter planting strips shall not be credited toward this interior landscaping requirement. b. All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained. and Landscaping similar shall include native or drought -tolerant shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, material which will improve the appearance of parking areas. (See also Nonresidential Development Standards, Chapter 9.90.) c. Interior landscaping shall be distributed evenly throughout the entire parking area. d. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 6. Parking Lot Shading. As part of the minimum interior landscaping required per subsection M5 of this section, eight to ten foot tall (minimum fifteen -gallon container size) trees of suitable mature size, spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy -type trees shall be placed so as to shade a portion of the total parking area within fifteen years in accordance with Table 9-16 following. Table 9-16 Required Parking Lot Shading Minimum Required Parking Spaces Minimum Percent of Parking Area to be Shaded 0--4 n/a 5 or more 50 0 a. A shade plan shall be submitted with detailed landscaping plans which shows canopies after fifteen years growth to confirm compliance with the above percentage requirements. Professional landscaping judgment shall be used to evaluate the plan as to its fifteen -year growth and coverage and its compliance with the table's percentage shade requirements. Shade coverage shall be determined by the approximate crown diameter of each tree species at fifteen years of age. b. Shade structures, such as trellises, may be credited for up to fifty percent of the required parking lot shading specified in Table 9-16 preceding. c. Tree locations should not interfere with required lighting of public areas or parking areas. 7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. Boulders, gravel, and the like, may be integrated with plant material into a well - conceived plan. Berming or other aesthetic approaches integrated into the overall design are encouraged. nnnde_us/codes/laciuinta/view.php?topic=9-9_150-9_150_080 9 150 080 Parkin facilit desi standards Y lm 0 • Page 8 g 8. Curbs Required. All landscaped areas shall be separated from adjacent parking or vehicular areas by 4 curb or landscape planter at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 9. Irrigation. Effective full -coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping remains in • a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replaced with the same size and species plant material. Hose bibs shall be placed at intervals of not less than two hundred feet. Irrigation water shall be contained within property lines. 10. Landscaping of Undeveloped Areas. All undeveloped areas within the interior of any parking area, such as pads for future development, shall be landscaped with appropriate plant material and maintained in good condition. 11. Landscape Plans. Landscape plans shall be submitted in conjunction with grading and other development plans for all parking facilities with four or more spaces, except for single-family detached, single-family attached and duplex residential. Plans shall include all planting, hardscape, irrigation and other items required by this subsection. Plant lists shall be included giving the botanical and common names of the plants to be used and the container size at time of planting. N. Nonconforming Parking. The continuation of uses with parking which does not conform to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter 9.280 (Nonconformities). (Ord. 414 § 1 (part), 2005; Ord. 361 § 1 (Exh. A) (part), 2001; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) • http://www.gcode.us/codes/l aquinta/vi ew.php?topic=9-9_ 150-9_ 150_080 w OF TH�'� COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Certifying a Mitigated Negative Declaration for Environmental Assessment 2005-545 and Approving Tentative Tract Map 33717, the Subdivision of 4.6 Acres into 17 Single -Family Lots and Other Parcels, Located 841 ± Feet West of Monroe Street, South of Avenue 58. Applicant: Quadrant, Inc. 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 2005-545; and Adopt a Resolution of the City Council approving Tentative Tract Map 33717 to subdivide 4.6 acres into 17 residential lots, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The project site is a former date palm grove located on the south side of Avenue 58 approximately 841 feet west of Monroe Street. The property is an elongated, rectangular lot, 651 feet deep, with 324 feet of frontage along Avenue 58. Across the street to the north is Tract 30092, a single-family residential subdivision known as Piazza Serena. Across the street to the northwest is the Imperial Irrigation District office. Surrounding land uses to the east, west, and south are rural/ residential. Adjacent properties immediately to the east and west each have a single-family residence and do not include farming as a primary activity. 11�15 Project Request and General Plan Conformance The applicant is proposing to subdivide the 4.84 acre site into 17 single-family residential lots (Attachment 1). Five miscellaneous lots would be created, primarily for storm water retention, landscaping, and a private street. The proposed density of this subdivision is 3.7 dwelling units per acre, which is within the maximum four dwelling units per acre range allowed in the Zoning Code and General Plan land use designation. The existing Low Density Residential (RL) zoning on the property requires a minimum lot size of 7,200 square feet. The smallest lot proposed for this project is 7,777 square feet and the largest is 8,835 square feet, averaging 8,363 square feet. Project Design The applicants have submitted conceptual entry designs (Attachment 2) utilizing a terraced wall design with a water feature and water -efficient landscaping. As the design is conceptual, it is subject to modification. Since the project is located along an agricultural -image corridor, a multi -use trail shall be included in the design. The project applicant has stated their intent to maintain and reuse or relocate as many existing date palms as possible. At the time of project submittal, there were no adjacent development projects available to consider a shared access or combined design, thus the project stands on its own. Environmental Assessment An Environmental Assessment has been prepared recommending a Mitigated Negative Declaration (MND) of environmental impact. Mitigating measures have been established allowing for a Mitigated Negative Declaration to be made. Most notable are the mitigating measures to address potential archaeological and paleontological resources and the protection of habitat. The Draft MND was completed and circulated for a mandatory 30-day review period that began on November 3, 2005 and concluded on December 3, 2005. No comments were received concerning the report. A copy is attached and incorporated by reference in the Environmental Assessment Resolution for this project. Planning Commission Action The Planning Commission, at its November 22, 2005 meeting, recommended approval of the Tentative Tract Map and Environmental Assessment. The Planning Commission determined the project was acceptable and adopted Resolutions 2005- 063 and 2005-064, recommending approval of the request, subject to Conditions of Approval. The developer was available for questions at the public hearing but no one spoke on this item. The minutes of the November 22 Planning Commission meeting are included (Attachment 3). 2 Subsequent to the Planning Commission meeting, Tentative Tract Map 33848 was submitted for the property located immediately to the east of this project. The design also involves 17 proposed lots along a cul-de-sac. The proposed street access for Tentative Tract Map 33848 is opposite of Piazza Serena's driveway. The end result of these combined projects will be multiple driveways within approximately 325' feet of one another, with a painted median. When adjacent projects such as these are submitted simultaneously, there exists the potential to accommodate shared driveways in a redesign. Public Notice This map application was advertised in the Desert Sun newspaper on November 5, 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 official Notice of Intent to Adopt a Mitigated Negative Declaration was posted on November 3, 2005 and was also published in the Desert Sun newspaper on November 5, 2005. As of this writing, no comments have been received. 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. 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 2005-545; and Adopt a Resolution of the City Council approving Tentative Tract Map 33717 to subdivide 4.6 acres into 17 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. f, Respectfully submitted, Douglas R Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Tentative Tract 33717 Map Exhibit 2. Conceptual Entry Design Exhibits 3. Excerpt from Planning Commission Minutes of November 22, 2005 RESOLUTION NO. 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 2005-545 PREPARED FOR TENTATIVE TRACT MAP 33717 ENVIRONMENTAL ASSESSMENT 2005-545 APPLICANT: QUADRANT, INC. WHEREAS, the City Council of the City of La Quinta, California, did, on the 20th day of December, 2005, hold a duly noticed Public Hearing to consider the request of Quadrant, Inc. for Environmental Assessment 2005-545 prepared for Tentative Tract Map 33717 located on the on the south side of Avenue 58, approximately 841 feet west of Monroe Street, more particularly described as: APN 764-180-002 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 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: The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2005-545. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. r PAReports - CC\2005\12-20-05\TT 33717 & EA 05-545\TT 33717 EA 05-545 CC res.doc City Council Resolution No. 2005- Environmental Assessment 2005-545 Quadrant, Inc. Approved: December 20, 2005 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that the Environmental Assessment imposes mitigation measures to reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as 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, in that the Environmental Assessment did not identify any significant impacts which would affect human health, risk potential, or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to a less than significant level. 8. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records 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: That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. The City Council has considered Environmental Assessment 2005-545 and said Assessment reflects the independent judgment of the City. P:\Reports - CC\2005\12-20-05\TT 33717 & EA 05-545\TT 33717 EA 05-545 CC res.doc City Council Resolution No. 2005- Environmental Assessment 2005-545 Quadrant, Inc. Approved: December 20, 2005 3. That it does hereby certify Environmental Assessment 2005-545 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist attached hereto and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20`h day of December, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2005\ 1 2-20-05\TT 33717 & EA 05-545\TT 33717 EA 05-545 CC res.doc Environmental Checklist Form 2 3 4 5 6 Project title: Tentative Tract Map 33717 Lead agency name and address: Contact person and phone number City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Andrew J. Mogensen, Associate Planner 760-777-7068 Project location: South side of Avenue 58, west of Monroe Street, and east of Madison Street. APN 764-180-002. Project sponsor's name and address: Quadrant, Inc. Attn: Mr. Sevak Kachadurian 7586 Woodrow Wilson Drive Los Angeles, CA 90046 General plan designation: Low Density 7. Zoning: Low Density Residential (up Residential (up to 4 du/acre) to 4 du/acre). 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) 9. The project is a proposed residential development of seventeen detached single family dwellings which will be built on 4.84 gross acres (4.59 net acres), upon which an unmaintained date palm grove is now located. The project is located on the south side of Avenue 58, west of Monroe Street and east of Madison Street. Avenue 58 is designated as a secondary arterial. It is also includes a multi -use trail, a Class 11 bike lane, and an agrarian image corridor. A private cul de sac will be constructed inside the subdivision, connecting to Avenue 58. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Across Avenue 58 to the northwest is an Imperial Irrigation District office. A residential community is currently being built just north of the property. South: Date palm groves are located to the south of the site, and a dirt field road runs along the southern portion of the property. A single family home is located to the southeast of the site and another single family home is located to the southwest of the site. East: Date palm groves are located to the east of the site. West: Date palm groves are located to the west of the site. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District Coachella Valley Unified School District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: Tnificant effect on the fired. gnificant effect on the because revisions in the onent. A MITIGATED ,n the environment, and significant impact" or >nment, but at least one t pursuant to applicable ures based on the earlier ,AL IMPACT REPORT e addressed. Ignificant effect on the i) have been analyzed � pursuant to applicable t to that earlier EIR or ation measures that are 00 Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relev4nt'to a,� A. 3 project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (La Quinta General Plan Exhibit 3.6 "Image Corridors", and GP Master Environmental Assessment, Exhibit 2.5) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph; Site Inspection) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a) The LaQuinta General Plan indicates that Avenue 58 is to be maintained as an Agrarian Image Corridor. The proposed project will be required to include parkway landscaping consistent with the agrarian image corridor standards. This could potentially contain date palms that would be relocated from the interior of the site. The City requires maximum building height in an image corridor to be 22 feet within 150 feet of an image corridor road. Because of the layout of the proposed development, the parcels that will be located within the image corridor include residential lots 1 and 17, as well as open space lots C and D (closer to Avenue 58). If treated as discussed above, the development's impacts upon this image corridor will be less than significant. b) There are no trees, rock outcroppings or historic structures on the project site. Avenue 58 is not a state scenic highway, and the damage to scenic resources will be less than significant due to required adherence to the City's design standards. c) The site is located in an area of rapidly developing single family homes. The proposed project will be consistent with this type of development. Adherence to the City's standards for Agrarian Image Corridors will reduce the potential impacts associated with degradation of the character of the area to less than significant levels. d) Some light and glare is expected to emanate from the seventeen proposed dwellings in the development. Likewise light and glare from vehicular traffic and future street lights will be visible. 1 Exhibit 3.6, Image Corridors, Traffic and Circulation Element, City of La Quinta General Plan, 20Q. ° Standard design features included in the City's Zoning Ordinance, such as low lighting levels, and the shielding and directing downward of all outdoor lighting to preserve the dark night sky, will be required to diminish potential light impacts to acceptable levels. No illumination of land outside the development perimeter and outside of any individual lot perimeters will be permitted. Building design should minimize the use of glass and other reflective surfaces. Impacts associated with scenic resources are generally expected to be less than significant with adherence to the City standards discussed above. Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact II. AGRICULTURAL RESOURCES: Would the roject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map; Site Inspection) II. a)-c) Maps from the California Department of Conservation's Farmland Mapping and Monitoring Program indicate that the site under consideration is not prime farmland, unique farmland, or farmland of statewide importance. The proposed subdivision will not impact local agricultural resources as numerous nearby farms continue in operation, including other date palm groves, and several large, active farms within one mile of the site. The La Quinta Comprehensive General Plan shows that the property has been set aside for residential use, rather than for farmland. There are no Williamson Act contracts on the land. Residential development of this property will not cause any significant impacts to agricultural resources. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or h contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable h net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description, Aerial Photos, site inspection) e) Create objectionable odors affecting a substantial number of people? (Project Description, Aerial Photos, site inspection) II1. a), b) & c) It is expected that vehicle trips generated by the proposed project will be the most significant generators of air pollutants. The proposed project will result in seventeen single-family homes, which have the potential to generate up to 163 trips per day'. Based on this traffic generation and an average trip length of 15 miles, the following emissions can be expected to be generated from the project site. t 2 "Trip Generation, 7`t' Edition," Institute of Transportation Engineers, category 210, Single Family Detached. Moving Exhaust Emission Projections at Project Build -out (pounds per day) Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 163 x 15 = 2,445 Pollutant ROG CO NOX SOX PM 10 Pounds 3.4 -1 -1 3.3 0.0 0.3 SCAQMD Threshold (lbs./da) 75 550 100 150 150 Assumes 2,445 average daily trips. Based on California Air Resources Board's EMFAC 2002 Version 2.2 Emissions - .. -- inn --A-, 1 or,s_?nm As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds for vehicle emissions. The project's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. Despite the fact that the development would not exceed SCAQMD thresholds, the City of La Quinta and the Coachella Valley are a severe non -attainment area for PM10 (particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following measures that are to be included in the conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance Grading of the proposed development will generate 121.2 pounds of fugitive dust over the course of the entire grading and construction operation. Fugitive dust would therefore be no more than that total amount on any individual day. Even if the entire 17 residential lots were to be graded in a single day, this would not exceed the 150 pound per day SCAQMD threshold for PMIO. The City of La Quinta requires compliance with PM10 plan preparation and implementation through its ordinance (Chapter 6.16 of the municipal code), and this project is subject to these requirements. III. d) & e) Sensitive receptors near the proposed residential development include other residential neighborhoods. Offices of the Imperial Irrigation District are also nearby. The proposed development is in an area of numerous golf courses, residential, neighborhoods, and agricultural uses. The Westside School is about 1.1 miles from °' the project site, but there are no schools or hospitals within a mile of the proposed seventeen unit development. The proposed subdivision is not expected to create objectionable odors affecting a substantial number of people, nor will it expose residents to concentrations of pollutants. Odors from grading, laying of asphalt, construction vehicles and other sources are expected to be minimal and very short-lived. Overall, the air quality impacts of this proposed development are expected to be less than significant assuming adherence to the requirements noted above. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 78 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 78 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 78 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan MEA, p. 78 ff.) IV. a) The property is currently being used as a date palm grove and consists of �relativay 2 level terrain with an elevation of approximately 60 feet below mean sea level. Between the rows of unmaintained date palm trees, the site also has alternating rows of dead orange trees. The plant community between Avenue 5S and the grove consists primarily of weeds and other grasses, and it has been disturbed by human activity along the road shoulders. The site does not support significant native vegetation. The presence of agricultural rows creates the potential for habitat for the burrowing owl, a species of concern. Burrowing owls sometimes occur in disturbed habitats and are often linked with the presence of California ground squirrels. The biological report prepared for the proposed project indicates, however, that no evidence of burrowing owls was found during the site v1sit3. In accordance with the policies contained in the General Plan, the project proponent is required to complete a pre -construction survey for burrowing owl prior to construction, in order to assure that impacts to this species will not be significant. Therefore, the following mitigation measure shall be implemented. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Community Development Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbing permit. In addition to the burrowing owl, the Coachella Valley Fringe -Toed lizard, a federally listed (threatened) and state listed (endangered) species occurs in the vicinity. The disturbed nature of the site and the lack of suitable habitat eliminate the likelihood that the fringe -toed lizard will be present on site, however. This project is not located in the Coachella Valley Fringe -Toed lizard Habitat Conservation Plan fee area. b) Due to the long term use of the site in agriculture, the project is not expected to have a substantial adverse effect on any riparian habitat or other sensitive natural community c) There are no wetlands on the site and the project is not expected to have a substantial adverse effect on federally protected wetlands. d) The project is not expected to interfere substantially with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, due to its disturbed condition. e) There is no conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy. fj As the development site is already disturbed and has been used for agriculture, no interference with a Habitat Conservation Plan or Natural Community Conservation Plan is expected. 3 Biological Resources Report on a 4.6 acre parcel (APN 764-180-002) along 58t" Avenue in La Quinta, by ECORP Consulting of Redlands, CA, June 28, 2005. 4 2002 La Quinta General Plan, Natural Resources Element Exhibits: 6.1 (Giant Sand Treader Cricket);;6.2 (De r Tortoise); 6.3 (Fringe -Toed -Lizard); 6.4 Flat -Tailed Horned Lizard; 6.5 (Palm Springs Ground Squirrel; 6.6 (Pr� Springs Pocket Mouse); and 6.7 (Peninsular Bighorn Sheep). Overall, impacts to biological resources from this proposed development with recommended mitigation will be less than significant. V. CULTURAL RESOURCES -- Would Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("Cultural Resources Survey Report" ECORP Consulting, Inc., September 2005) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Cultural Resources Survey Report" ECORP Consulting, Inc., September 2005) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Evaluation Report" Cogstone, March 2005) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan Master Environmental Assessment, p. 123 ff.) V. a) The results of the historic resources survey by ECORP indicate that there are no historic resources on site, and that there are only two within one mile of the sites. b) The Phase 1 archaeological survey for this project indicates that eleven archaeological sites have been recorded within one mile of the site. No cultural resources were identified within the boundaries of the project, however. Following City policy for this area, the archaeologist recommended the following mitigation measures: I. On- and off -site trenching and rough grading shall be monitored by a qualified archaeologist. If cultural material is observed by the monitor, trenching and rough grading must be suspended until the deposits are recorded and evaluated by a qualified archaeologist. The archaeologist shall provide the Community Development Department with a report detailing the findings of the monitoring effort within 30 days of the completion of the monitoring. c) Freshwater mollusk shells (including clams and snails) of the Holocene Lake Cahuilla beds were observed at the surface through the entire property'. No fossil localities had previously been collected from within a one -mile radius of the site. These fossils document a previously unknown high stand of Lake Cahuilla dated to about 6,000 years before the present. 5 "Cultural Resources Survey Report for a 4.6 acre Parcel in La Quinta (TTA 33717)," prepared by Roger Ma Ph.D. of ECORP Consulting, Inc., of Redlands, CA, revised September 2005. �- 6 "Paleontological Evaluation Report and Mitigation Plan for a 4.6 Acre Parcel in La Quinta, California,' by Cogstone Resource Management, Inc., of Santa Ana, CA, prepared March 2005. Subsurface excavation work has the potential to impact significant nonrenewable fossil resources of the early to middle Holocene age. Following City policy for this area, the paleonotlogist recommended the following mitigation measures: 1. On- and off -site trenching and rough grading shall be monitored by a qualified paleontologist. The monitor shall salvage fossils, and shall be empowered to temporarily halt or divert equipment. Recovered specimens shall be prepared to the point of identification and permanent preservation. All excavation below a depth of ten feet should be monitored to mitigate the impact on early Holocene to Pleistocene fossil vertebrates that may be present. The paleontologist shall provide the Community Development Department with a report detailing the findings of the monitoring effort within 30 days of the completion of the monitoring. d) The site does not occur in an area known to have previously been used for burial. California law requires that anyone uncovering human remains during a construction project notify the authorities. The project contractor will be required to conform to these regulations, and will report any remains, should they be identified. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects7, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the arca8 or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? X (MEA Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (Exhibit 8.2 Liquefaction Susceptibility Map of the La Quinta Planning Area, La Quinta General Plan.) (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) c) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (MEA Exhibit 6.1 ) d) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) 7 Exhibit 8.1, Geologic Map and Engineering Properties of the La Quinta Planning Area, Environmental Hazards Element City of La Quinta General Plan 2002.E 8 Exhibit 6.1, Near -Source (Fault) Zone and Soil Types, from La Quinta General Plan (2002), Master Environmental Assessment VI. a) i) & ii) The site is not located in an Earthquake Fault Zone as designated by the State. Major fault zones considered to be the most likely to create strong ground shaking are the San Andreas Fault (about 7.7 miles northeast of the site), and the San Jacinto Fault (about 14 miles southwest of the site). The site is located within a seismically active area of Southern California and it is likely that the proposed structures will experience moderate to strong ground shaking from earthquakes in the region. Surface fault rupture is considered to be unlikely at the project site because of the well -delineated fault lines though the Coachella Valley. The City requires that structures be designed based upon Uniform Building Code Seismic Zone 4 design criteria. Liquefaction is a potential design consideration because of underlying saturated sandy soil. Should liquefaction occur, total settlements are estimated to be about 2% inches. Ground rupture and sand boil formation are unlikely because of the thickness of the upper unliquefiable soil. Because of the depth of the liquefiable layer, wide areas of subsidence from soil overburden would be the expected effect of liquefaction rather than bearing capacity failure of the proposed structures. Mitigation of liquefaction induced settlements is required at the site. 1. Mitigation shall include either soil improvement, rigid mat foundations, and grade -beam reinforced foundations that can withstand some differential movement or tilting, but may not protect fracturing of buried utilities. Flexible connections to utilities at the foundation interface are highly recommended, as are increased slopes for gravity flow sewer pipelines. 2. Because of the potential for differential settlement upon liquefaction.. the designer should consider the structures be either founded on foundations that use grade -beam footings to tie floor slabs and isolated columns to continuous footings (conventional or post -tensioned); or structural flat -plate mats, either conventionally reinforced or tied with post -tensioned tendons. IV) The hazard of landsliding is unlikely due to the fairly level topography in the region. No ancient landslides are shown on geologic maps of the region and no indications of landslides were observed during the site investigation conducted by the geologist. b) According to Exhibit 6.5 of the City's Master Environmental Assessment, the site is located within an area of moderate wind erosion. The PMIO mitigation measures discussed in the Air Quality section of this Initial Study will help prevent erosion and the loss of topsoil. c) Subsurface soils consist of loose to medium dense interbedded sands with silty sands near the surface. Test borings show that the surface soils consist primarily of silty sands1(). Expansion testing indicates that the surface silty sands are generally non - expansive and are classified as "very low" expansion category soils in accordance with Table 18-1 B of the 1997 Uniform Building Code. d) The City requires connection to the Coachella Valley Water District (CVWD) sewer system, and the District has indicated in its June 30, 2005 letter to the La Quinta Planning Commission that the proposed subdivision will be annexed into Improvement District Numbers 55 and 82 for sanitary sewer service. 9 "Geotechnical Report Proposed Residential Development (APN 764-180-002," prepared by LandMark Geo- Engineers, March 2005. i � T 10 Ibid. °� C Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 IT) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Application materials) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas? N or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of seventeen dwellings on the site will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, and these are designed to provide for safe disposal of hazardous substances generated in homes. Development of the proposed lots will occur in accordance with all applicable fire and safety codes and it will not hinder or conflict with any adopted emergency response or evacuation plans. The project is not expected to result in the routine transport, use or disposal of hazardous materials and is not expected to create a significant hazard to the public or the environment. A Phase I Environmental Site Assessment was prepared for the project site, due to its use as a date grove''. The property has been tested for the presence of organochlorine pesticides (OCPs) using EPA method 8081. Surface soil samples were collected from various sites on the property at a depth of about three inches below ground surface. Three OCPs were detected at the site: DDT, DDE (a by-product of the breakdown of DDT), and dieldrin. None of the other 17 OCPs were detected. DDT was detected in one sample and DDE in five samples. Concentrations of these pesticides were found to be at levels below US EPA and California Title 22 thresholds of concern. Dieldrin was detected in one sample and was below the federal and state thresholds of concern as well. These results are consistent with values obtained on other agricultural lands in the vicinity, and the toxins report indicates that based upon the concentrations detected, pesticide residues are not a concern at the site. The proposed development is not expected to create a significant hazard to the public or to the environment. The proposed residential development is not located adjacent to wildlands, and is not expected to pose any risks related to wildland fires. Impacts of the project related to hazards and hazardous materials are considered to be less than significant. t l "Soil Sampling and Analysis at Avenue 58, west of Monroe Street, on 4.82 acres," by Earth Systems Southwest aIi Indio, CA, February 2, 2005. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan FIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan FIR p. III-187 ff.) c) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - Or Off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing drainage X pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off -site? (General Plan FIR p. III-187 ff.) e) Create or contribute runoff water which X would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan FIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6; Flood Hazard Map of La Quinta General Plan — Exhibit 8.5) VIII. a) The proposed project is not expected to violate any water quality standards or waste discharge requirements. b) Groundwater was encountered at 33 feet below ground surface, and this is well within the historic range of groundwater levels. The proposed project is not expected to substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will be required to comply with the City's NPDES standards, ensuring that potential pollutants not be allowed to enter surface waters. These standards will assure that impacts to water quality and quantity will be less than significant. c & d) The development site is about 60 feet below sea level. The terrain is relatively level, although the existing Avenue 58 is several feet above the site. The applicant is proposing to accommodate drainage in the subdivision by way of a retention basin in the southeast corner of the property. The 9,792 square foot retention basin would be located at the south end of the private street, and adjacent to residential lots 9 and 10. It will allow the 25,100 cubic feet of flood volume generated by the 100 year storm to be retained on site12. Stormwater and project -generated urban runoff will be managed through the use of stormwater retention facilities, curb and gutter, and other standards in accordance with the standards implemented by the Public Works Department. e), f & g) The Coachella Valley Water District has indicated that the development site is protected from regional stormwater flows by the Coachella Valley Stormwater Channel and may be considered safe from regional stormwater flows except in rare instances. According to the Coachella Valley Water District, the property under consideration is designated as being in Flood Zone C on Federal Flood insurance rate maps. Flood zone C refers to areas of minimal flooding. The District has indicated that the stormwater issues of the development are merely those of local drainage, and that the District needs no further review. 12 "Tentative Tract Map Drainage Calculations for APN 764-180-002, La Quinta California," prepared by Warufr�._ , Engineering of Palm Desert, CA, April 2005. "* .�40 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element; General Plan Exhibit 2.1 Land Use) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff) IX. a)-c) Construction of the seventeen unit Quadrant residential development will not divide an established community. The development does not conflict with habitat conservation plans or natural community conservation plans. Historically the 4.84 acre property has been a date palm and orange grove. There are no houses or other buildings currently on site. The property is surrounded by other agricultural uses in an area that is rapidly developing a residential character. Conversion of this property from an unmaintained agricultural grove into a residential development of lots ranging in size from 7,810 square feet to 8,835 square feet conforms with the City's General Plan. The current land use designation for the property is Low Density Residential, allowing up to four dwellings per acre. The permitted maximum project density is 18 units for the site, so the 17 proposed lots are within the density allowed and are consistent with the City's Land Use Plan. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project consists primarily of interbedded sands, silty sands, and clays13. The site is located in an area of the City that is transitioning from agricultural to residential uses. It is in Mineral Resource Zone MRZ-1. This refers to areas where adequate information exists to support the conclusion that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. 13 "Geotechnical Report for Proposed Residential Development APN 764-180-002," prepared by Landmark Consultants, Inc., of Palm Desert, CA, March 2005. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies'? (General Plan MEA p. 111 ff. Impact Sciences Noise Study for Tentative Tract Map No. 33085, April 2005) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan MEA p. I I I ff. Impact Sciences Noise Study for Tentative Tract Map No. 33085, April 2005) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. I I I ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan MEA p. 11 l ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) 0 For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-d) Buildout of the project site will result in noise from two sources: temporary noise associated with site improvement and construction, and permanent noise increases due primarily to increases in traffic generated by the project. Noise will be generated during project construction. Short-term, temporary noise impacts associated with the operation of heavy machinery are expected to occur during the grading and construction process. Two residences occur immediately southwest and southeast of the project site. In order to assure that these residents are not significantly impacted by construction noise, the following mitigation measures shall be implemented: 1. To minimize impacts during the grading and construction process, all construction equipment shall be fitted with well -maintained mufflers. 2. Construction activities shall take place only during hours permitted by the City's noise ordinance. Long Term Noise Impacts Based upon measurements shown in Table 6.2 of the General Plan Master Environmental Assessment, of ten sites monitored in the city, the site closest to the subject property had the second lowest measured exterior noise levels at 58.6 dBAs. The project site is 1.1 miles southwest of this site (Westside School), in an area where several citrus and date palm orchards remain; is on a secondary arterial which is expected to experience less traffic than the City's primary roads; and is further away from the commercial centers of the City than the sites that were measured. Thus noise impacts at this site are expected to be below those of noise levels at most other neighborhoods in the City. Based upon Exhibit 3.1 of the City's General Plan, average daily traffic volumes in 2000 were far lower in this section of Avenue 58 (between Madison and Monroe), than in Avenue 52, for example (between Madison and Monroe) where traffic levels were over four times higher. Similarly, traffic volumes on portions of Highway I I in La Quinta were almost 40 times higher than traffic levels on this portion of Avenue 58. This also suggests that noise levels for this property will be below that of other City neighborhoods. Buildout noise levels for Avenue 58 are also expected to be below the City's standard for exterior noise. The proposed project will further reduce on site noise levels through project design, by constructing a 6 foot wall along the property boundary, which will reduce noise levels 5 to 12 dBA. Interior Noise Interior noise should not be a concern with respect to this development, as Title 24 of the Uniform Building Code calls for insulated walls, glazed windows, and weather stripping on all doors and windows opening to the exterior. Insulated stucco walls and double paned windows can reduce exterior noise levels from 25.0 to 31.0 dB(A). As such, interior noise levels experienced in the proposed residential units will remain below the 45.0 dB(A) CNEL threshold required by Title 24. Long term noise impacts, therefore, are expected to be less than significant. e & The proposed project is over three miles from the Desert Resorts Regional Airport, so airport related noise impacts will be minimal. The proposed development site is not within an airport land use plan. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The proposed project is consistent with the General Plan land use designation for the site. The City's build -out population will not be significantly challenged or impacted by growth from the seventeen proposed dwellings. No individuals will be displaced to create this development. No replacement housing will need to be built elsewhere. The impacts of this development upon housing and population will be less than significant. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff., and Exhibit 4.1: Public Facilities in the Planning Area.) XIII. a) Build -out of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Build -out of the proposed project will generate sales and property tax that will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees, fire mitigation fees, and park in lieu fees at the time of issuance of building permits to reduce the financial impacts to those services. Chief of Police Walter Meyer has indicated in a June 13, 2005 letter that there are no issues of concern at this time related to public safety and law enforcement for the proposed residential development. The Police Department has recommended for other projects that construction materials be kept in a locked storage facility during the construction period, and that the homes to be constructed should incorporate wide -angled peepholes into all dwelling front doors and all solid doors where visual scrutiny is compromised. This recommendation should be extended to the proposed project as well. The development will also provide for outdoor lighting and other measures that will reduce the need for police protection. These requirements will be included in the conditions of approval for the project. Schools are managed by the Coachella Valley Unified School District, and the developer will need to pay fees to the School District. The District has indicated that, *' due to overcrowding, students from the development may need to be transferred to a school within the district that can accommodate them. School District Director of Facilities Eugene Vorwaller has indicated in a letter of June 27, 2005, that school fees of S2.88 per square foot of assessable space would apply to such residential construction, and that these fees are required to be paid prior to the issuance of project building permits. Parks and recreation areas are provided by both the City and the County, and the impact of the development upon these parks is expected to be less than significant. The property owner will be required to pay a parkland fee prior to recordation of the final map. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials; General Plan Exhibit 5.1 Existing and Proposed Parks) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The City has numerous parks, and has set a standard of at least 3.0 acres of parkland for every 1,000 residents. Due to the small size of the proposed residential subdivision, however, impact of the development on recreational resources will be less than significant. The project will be required to pay Parkland Dedication fees as required by Chapter 13.48 of the City Subdivision Ordinance. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 33717) e) Result in inadequate emergency X access? (TTM 33717) f) Result in inadequate parking capacity? X (TTM 33717) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description; MEA Exhibit 3.10 Trails) XV. a) & b) The General Plan indicates that Avenue 58 from Jefferson to Harrison (and including the site in question) is to be developed as a Secondary Arterial14. City Associate Engineer Brian Ching, in a June 22, 2005 memo, has indicated that Avenue 58 is a Secondary Arterial with a Class II bike lane with a multi -use trail; that it will need to be widened to 36 feet from the centerline; and that a total of 48 feet of right of way l "I 1 14 Exhibit 2.5 City Roadway Classifications, Traffic and Circulation Element, City of La Quinta General Plan, 2002. from the centerline will be required along the Avenue 58 boundary. These improvements will be required as part of the project approval conditions. The proposed project is expected to create 163 additional trips per day from the 17 new homes, but this is consistent with that projected in the General Plan EIR, and not a substantial increase in traffic in relation to existing traffic load and capacity of the street system. Madison Street has a right of way of 110 feet and is designated as a Primary Arterial. The proposed development will not exceed the level of service standard established by the City. c) The project will not result in a change in air, rail, or waterborne traffic patterns d & e) The project will not substantially increase hazards due to any design features, nor is it expected to result in inadequate emergency access. The private road inside the development runs southward in a linear pattern, ending in a cul-de-sac. This private road meets minimum standards for safety including slightly exceeding the minimum turning radius of 38 feet in the cul-de-sac, providing a road width of 36 feet that opens to 60 feet or more as traffic exits this private street to move onto Avenue 58. 0 With the proposed parcels each being 7,810 square feet or more, and the private street being 36 feet in width, no shortage of parking capacity is anticipated. With this 36 foot street width, parking on both sides of the street will be permissible. g) The proposed development and division of land are not expected to conflict with any adopted policies, plans, or programs supporting alternative transportation. Eunice Lovi, Director of Planning for the SunLine Transit Agency has indicated that a study is being conducted to examine existing bus routes and to determine how best to improve transit service in La Quinta. She has also indicated that SunLine will work to ensure that all jurisdictions have input into this process. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) XVI. a) The proposed subdivision will not exceed wastewater treatment requirements of the Coachella Valley Water District, and CVWD has already indicated the area is to be annexed into CVWD's Districts 55 and 82 for sanitation service, and that the subdivider will install water and sewer pipelines her so that the District may provide service to all parcels. b) The proposed project will ultimately lead to the creation of 17 dwellings, therefore it will not require the construction of new water or wastewater treatment facilities, or the expansion of existing facilities. c) The area is protected from regional storm flows by the Coachella Valley Stormwater Channel and may be considered safe from regional storm flows except in rare instances. d) The Coachella Valley Water District will furnish domestic water and sanitation service to this area in accordance with the current regulations of the District Sufficient water supplies are available to serve the project from existing entitlements and resources, and CVWD has indicated that certain fees and charges will be paid by the subdivider to obtain water and sewer service. Impacts to water supplies can be reduced by incorporating a variety of water - conserving techniques which include the use of low -flow toilets and showerheads, and the use of drought -tolerant plant materials in landscape and open space areas. e) CVWD has indicated in its letter of June 30, 2005, that it has sufficient wastewater treatment capacity to serve the project's projected demand in addition to its already existing commitments. Waste Management of the Desert serves residences within the City of La Quinta. Trash is taken to the Edom Hill transfer station in Cathedral City, and from there it is sent to other County landfills. Between these County landfill facilities, there is adequate capacity to accommodate any residences of the Quadrant subdivision. g) The project complies with all federal, state, and local statutes and regulations related to solid waste, and future homes on site will participate in the City's recycling program, that is coordinated through Waste Management of the Desert. On -site recycling and solid waste source reduction programs must be implemented at project build -out in accordance with local and state requirements. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has already been developed agriculturally and does not currently support significant native vegetation. Although development of the site has the potential to impact biological, archaeological, and paleontological resources, these impacts will be mitigated to less than significant levels. XVII. b) The proposed project will augment the housing options offered to the City's residents, a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area, and construction of the project will have less than significant cumulative impacts, as considered and analyzed in the General Plan EIR. XVII. d) The potential of the proposed project to adversely affect human beings is less than significant. Impacts associated with construction noise will be mitigated to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the ifi earlier document and the extent to which they address site-specc conditions for the project. Not applicable. 4 n7 w H d A QAWW � X O U� d Y Y o 0 W o 0 MF' a y Y U U PT Z bD t•D Q Q x Ou E E Wz �a o 0 z4 Q Q 0. p W � Y Y Y � � d fl ^A tA � W Y U O O tp E o� o� w d A W F� d A �A U U F�i U U U U nT Z O O U U O O CA GA Q Q c O 'O z as �a oz WTI O y O O O 4 ^° 9 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 4.6 ACRES INTO 17 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 33717 QUADRANT, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 201h day of December, 2005, hold a duly noticed Public Hearing to consider the request of Quadrant, Inc. for the subdivision of 4.6 acres into 17 single-family residential lots and other miscellaneous lots, located on the south side of Avenue 58, approximately 841 feet west of Monroe Street, more particularly described as: APN 764-180-002 WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 20th day of December, 2005, hold a duly noticed Public Hearing to consider the request of Quadrant, Inc. for the subdivision of 4.6 acres into 17 single-family residential lots and other miscellaneous lots, located on the south side of Avenue 58, approximately 841 feet west of Monroe Street. 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 2005-545 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 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: 1 . The proposed tract map will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR), which allows single-family residential uses. 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan. The density and design for the tract will comply with the Land. Use Element of the General Plan. Resolution No. 2005- Tentative Tract Map 33717 Quadrant, Inc. Approved: December 20, 2005 3. The design of the subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that, Environmental Assessment 05-545 was prepared and determined that although the project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to a less than significant level. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the project will be conditioned to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site and support necessary infrastructure improvements for the proposed project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Tentative Tract Map 33717 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 Planning Commission, held on this 20' day of December, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California 4 11 Resolution No. 2005- Tentative Tract Map 33717 Quadrant, Inc. Approved: December 20, 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 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal Public Works Department (Grading Permit, Improvement Permit) Community Development Department Riverside Co. Environmental Health Department • Coachella Valley Unified School District (CVUSD) Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • SunLine Transit Agency South Coast Air Quality Management District Coachella Valley (SCAQMDCV) 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. 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") 13 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 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. 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. 4 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane, 96' ROW) - Right of way measured 48 feet from the centerline of Avenue 58 to accommodate a secondary arterial street half section with a Class II Bike Lane. 9. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. 41.5 B. CUL DE SACS CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 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. 1 1 . Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 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 12. When the City Engineer determines that access rights to the proposed street right-of- ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of- ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create perimeter landscaping setbacks along all public right-of-ways as follows: A. Avenue 58 (Secondary Arterial) - 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. The northerly 90 feet of this property has been identified on Tentative Tract Map 33717 for utility and roadway easement purposes including Imperial Irrigation District. Where public facilities (e.g., multi -use trails) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. p CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Avenue 58 from lots with frontage along Avenue 58 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. Refer to condition no. 58. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a 41.7 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 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 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 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 distance sufficient to show any required design transitions. As a minimum, roadway geometric transitions shall conform to MUTCD 2003 and the California Supplement. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction 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. 23. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC.y CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 27. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 28. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 29. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 30. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 31. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.1 6, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 32. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 33. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 34. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 35. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 36. 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. 37. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 38. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 39. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets 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. 40. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 41. 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. �4 CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 42. In design of retention facilities, the percolation rate will be considered to be zero. Nuisance water shall be retained on site. In residential developments, nuisance water shall be passed through a prefilter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in a trickling sand filter and leach field or equivalent system approved by the City Engineer. A geotechnical study shall confirm the applicability of sand filter use for the development based on the existing soil conditions. The sand filter and leach field or equivalent system shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1 .108 feet of leach line per gph of flow. 43. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 44. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 45. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 46. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 47. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. UTILITIES 48. The applicant shall comply with the provisions of Section 13.24.1 10 (Utilities), LQMC. CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 49. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 50. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 92 KV transmission power poles are exempt from the requirement to be placed underground. 51. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 52. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 53. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Avenue 58 (Secondary Arterial with Class II Bike Lane; 96' R/W option): Widen the south side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the south side as specified in the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county - road design standard to La Quinta's urban arterial design horizontal and vertical standard. The south curb face shall be located thirty six feet (36') south of the centerline. Other required improvements in the Avenue 58 right or way and/or adjacent landscape setback area include: CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. b) A 10-foot wide Multi -Purpose Trail. The applicant shall construct a multi -use trail per La Quinta Standard 260 along the Avenue 58 frontage within the landscaped setback. The location and design of the trail shall be approved by the City. 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 extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. PRIVATE STREETS 1) Lot B - Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded. 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. 54. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain 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 as approved by the City Engineer. Per the aforementioned requirements, the applicant shall redesign the gated entry particularly to accommodate full turn -around radius. Additional redesign may be required to satisfy vehicular movement conflicts of the proposed accordion gate to the satisfaction of the City Engineer. CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. 55. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 56. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential Secondary Arterial 3.0" a.c./4.5" c.a.b. 4.0" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 57. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 58. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Avenue 58): Right turn movements in and out and left turn movement in are permitted. Left turn movement out are prohibited. All right -turn only street intersections shall have a splitter median island located in the side street that adequately channelizes the right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. 59. 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. 60. Improvements shall be designed and constructed in accordance with City adopted CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 61. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 62. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 63. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, and park areas. 64. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 65. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 66. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 67. 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). 68. Prior to issuance of any street improvement or landscaping plans, the developer shall submit to the Community Development Department a revised construction plan for the CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 project's Multi -Purpose Trail, in accord with General Plan Standard No. 260 "Equestrian Trail Easement Adjacent to Public Street, constructed along the south side of Avenue 58 right-of-way within the 10-foot area designated for such use. This plan shall include access, signage, and detailed design. QUALITY ASSURANCE 69. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 70. 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. 71. 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. 72. 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 73. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 74. 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 75. 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. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 77. Tentative Tract 33717 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. 78. The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. COMMUNITY DEVELOPMENT 79. Lots 1 and 17 have been designated as flag lots and are subject to Section 9.50.070 of the Zoning Ordinance. The front setback of these lots shall begin from the face of the wall rather than the front property line. 80. Driveways from Lots 4, 5, 13, and 14 shall not be allowed adjacent to the center median of Lot "B". 81. Entry gate designs shall not block or restrict driveway access to Lots 1 and 17. 82. On -street parking shall be prohibited adjacent to the center median of Lot "B." FIRE DEPARTMENT 83. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 84. 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. 85. 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. 86. 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 k� CITY COUNCIL RESOLUTION NO. 2005- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 33717 - QUADRANT, INC. DECEMBER 20, 2005 questions regarding Fire Marshall conditions should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. MISCELLANEOUS 87. All mitigation measures included in Environmental Assessment 2005-545 are hereby included in this approval. 88. 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. 89. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 1 5075(a) once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer. 90. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 91. 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. EN ATTACHMENT #3 Planning Commission Minutes November 22, 2005 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: No -he. Chairman Kirk recesls'ed the meeting at 9:17 p.m. and reconvened the meeting at 9:26 �. -- aM- B. Environmental Assessment 2005-545 and Tentative Tract Map 3371 7; a request of Quadrant, Inc. for consideration of the subdivision of 4.6 acres into 17 single-family lots and other parcels for the property located on the south side of Avenue 58, west of Monroe Street. 1 . 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. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Serko Khatchadourian, the applicant, stated he was available to answer any questions. 3. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. There being no further public comment Chairman Kirk closed the public participation portion of the hearing and open for Commission discussion. 4. Chairman Kirk asked if there were any reciprocal accesses. Staff stated there was currently none. 5. Commissioner Daniels asked what is being developed to the south. Staff noted there was a vacant 40-acre parcel and no tract is proposed at this time. Commissioner Daniels asked if this project could be required to have an easement to the property to the south. Assistant City Engineer Steve Speer stated that if we are going to allow private streets, it is very difficult to require an easement. Each project needs to stand alone. 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-063, recommending certification of a Mitigated Negative Declaration of environmental 4"'J1 G:\WPDOCS\PC Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 impact for Environmental Assessment 2005-545, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None. 7. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-064, recommending approval of Tentative Tract Map 33717, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Alderson. ABSTAIN: None C airman Kirk excused himself due to a potential conflict of interest due to e proximity of his residence and left the dais. C. Deve ment Agreement 2005-008; a request of Calle Estado, L.L.C. for consid ration of a Development Agreement for parking management, to allow c struction of a + 10,709 gross square foot two-story retail/office building I , the Village as approved under Village Use Permit 2005-027 for the prope4y located at the southwest corner of Calle Estado and Desert Club Drive. 1 . Vice Cl-�irman Quill opened the public hearing and asked for the staff rep'@rt. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the 4mmunity Development Department. 2. There being nouestions of staff Vice Chairman Quill asked if the applicant woul \ like to address the Commission. Mr. David Brudvik, stated hey was available to answer any questions. 3. There being no ques ions of the applicant, Vice Chairman Quill asked if there was an other public comment. There being no further public commen the public participation portion of the hearing was closed and o en for Commission discussion. 4. It was moved and seconded y Commissioners Daniels/Ladner to adopt Planning Commission esolution 2005-065, approving Development Agreement 2004- 8, as recommended: 4 ,} r G:\WPDOCS\PC Minutes\11-22-05.doc � f�GGitrGV c�M OF 'V COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Public Hearing to Adopt an Ordinance of the City Council Approving an Amendment to Chapter 9, Sections 9.200.020 -- Table 9-23 Discretionary Review Authority and 9.210.010 Relating to Site Development Permits - Decision Making Authority in the City of La Quinta Municipal Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to take up Ordinance by Title and Number only and waive further reading. Introduce Ordinance No. for first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Public concern regarding certain non-residential development has prompted the City Council to review the City's site development permit process. As requested of Council, staff recently identified several options with the primary objective to better inform Council of the site development permit applications being processed. Council in turn directed staff to propose an amendment allowing Council Members to consider certain non-residential site development permits via Consent Items on the Council agenda. In addition to City Council direction, staff suggests adding City Council consent agenda review of all high -density residential development. In light of this, staff has drafted an Amendment to La Quinta Municipal Code Section 9.210.010 (Site Development Permits) providing for City Council consent calendar review of certain non-residential site development permit applications. The proposed Amendment provides the opportunity for City Council consent calendar consideration of all high -density residential and certain non-residential site 1 11 11 development permits. Non-residential permits would be considered by City Council when the development is within 100 feet of residentially zoned properties and is greater than one story or 22 feet in height. In order for the City Council to further consider the permit application, the matter would be removed from the consent calendar and a separate hearing would be required. City Council consideration of these permits would occur following the 15-day appeal period required of the Planning Commission decision. Other options for City Council consideration are as follows: ■ City Council review of all non-residential and high -density residential site development permits. ■ For non-residential projects, increase or reduce required setbacks from residentially zoned properties or consider building height limitations for properties adjacent to residentially zoned properties. ■ Establish a minimum square footage threshold (i.e. 10,000 or 20,000 square feet or greater) for non-residential site development permits. Planning Commission Action At the November 22, 2005 Planning Commission meeting, the Commission reviewed the Amendment and ultimately elected to take no action as the Commissioners concluded the Amendment was a City Council matter (Attachment 1). Public Notice This project was advertised in the Desert Sun newspaper on December 5, 2005, as a 1/8-page display ad. To date, no letters have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Amendment can be made and are contained in the attached Ordinance. The alternatives available to the City Council include: 1. Move to take up Ordinance by Title and Number only and waive further reading. Introduce Ordinance No. for first reading; or 2. Do not move to take up Ordinance No. ; or 3. Provide staff with an alternative direction. Respectfully submitted, Douglas R./Evans Community Development Director Approved for Submission by, Thomas P. Genovese, City Manager Attachments: 1. Planning Commission excerpts from the meeting of November 22, 2005 r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9, SECTIONS 9.200.020 -- TABLE 9-23 DISCRETIONARY REVIEW AUTHORITY AND 9.210.010 RELATING TO SITE DEVELOPMENT PERMITS - DECISION MAKING AUTHORITY IN THE CITY OF LA QUINTA MUNICIPAL CODE CASE NO.: ZONING ORDINANCE AMENDMENT 2005-083 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of December, 2005, hold a duly noticed Public Hearing for review of a Zoning Ordinance amendment to allow changes to Chapter 9, Sections 9.200.020 -- Table 9-23 Discretionary Review Authority and 9.210.010 Relating to Site Development Permits - Decision Making Authority in the City of La Quinta Municipal Code.; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zoning Ordinance Amendment; 1. The proposed amendments are consistent with the goals and policies of the La Quinta General Plan, insofar as the amendments are consistent with policies relating to high quality development in the City. 2. The Zoning Ordinance Amendment will not be detrimental to the public health, safety and welfare, as it addresses consistency within the Development Code and minor alterations to development standards. 3. The Zoning Ordinance Amendment is compatible with the City's Zoning Ordinance in that it addresses consistency within the Development Code and minor alterations to development standards. 4. The Zoning Ordinance Amendment supports the orderly development of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. i Ordinance No. Zoning Ordinance Amendment 2005-083 Adopted: Section 9.200.020 - Authorit A. Decision -Making Authority. Table 9-23, following, specifies the decision - making authority for each of the various actions described in this code. An "A", or "PH" or "CC" means that the official or body at the top of the column has decision - making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. A "CC" means that the city council is responsible for considering the site development permit as a consent calendar item. Table 9-23 Discretionary Review Authority PH = Decision -making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) CC = Decision -making body (City Council as consent calendar item) Type of Application General plan amendment Zoning code amendment Zone change Specific plan Development agreement Variance Conditional use permit Site development permit (not within scope of LQMC 9.210.010.D2) Site development permit (per LQMC 9.210.010.D2) Minor use permit Minor adjustment Temporary use permit Home occupation permit Decision -Making Authority Staff�CommissionTiCouncil City A* A* A* A** R(PH) PH R(PH) PH R(PH) PH R(PH) PH R(PH) PH PH PH PH PH CC/PH * _x * Ordinance No. Zoning Ordinance Amendment 2005-083 Adopted: Sign permit Sign program A* PH Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By community development director * * By director of building and safety * * * PH would be held if the item as not approved on CC as a consent calendar item. B. Administrative Action. Actions to be taken administratively per Table 9-23, preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case -by -case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. Section 9.210.010 — Author A. Terminology. For purposes of this code, site, architectural, lighting and landscape plans, related development plans, and sign programs are included within the term "site development permit." B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including but not limited to permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1 . Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval. • Ordinance No. _ Zoning Ordinance Amendment 2005-083 Adopted: 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision -Making Authority. Site development permits shall be processed by was follows: 1. All permits shall be processed by the planning commission per Section 9.210.010 unless otherwise stipulated ;n this Bodo. 2. Following planning commission decision, all high -density residential and all non-residential permits with structures greater than one-story or 22 feet in height and within 100 feet of residentially zoned properties, as measured by outer boundary of the parcel which is the subject of the permit, shall be reviewed by the city council. if an appeal regarding the permit has been filed in accordance with Section 9.200. 120, the appeal shall be heard by the city council in accordance with that section. if no appeal is filed regarding the permit within the 15 calendar day appeal period, approval of the planning commission action shall be placed on the city council's consent calendar at a council meeting within 30 days of the planning commission's decision. Should any member of the city council request that the item be removed from the consent calendar, or should the planning commission's action not be approved as a consent calendar item, the permit shall be noticed for public hearing before the city council. City council's review of the item shall fully consider the application. E. Precise Development Plan. Upon approval, a site development permit constitutes a precise development plan. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision - making authority prior to the approval of any site development permit: 1. Consistency with General Plan. The project is consistent with the general plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Ordinance No. Zoning Ordinance Amendment 2005-083 Adopted: 4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 7. Sign Programs. Per Section 9.160.090 (Sign permit review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs); b. The sign program is in harmony with and visually related to: i. All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape, ii. The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified, iii. Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. G. Appeals. Appeals to decisions on site development permits shall be reviewed pursuant to Section 9.200.120. Ordinance No. _ Zoning Ordinance Amendment 2005-083 Adopted: H. Expiration and Time Extensions. The period of validity for establishment of a site development permit is one year from its effective date as defined in Section 9.200.060. Time extensions may be granted pursuant to Section 9.200.080. I. Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100. J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. SECTION 2. ENVIRONMENTAL. The La Quinta Community Development Department has determined that the Amendment to the Municipal Code is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (Cega) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a regular meeting of the City Council held on this 20th day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. Zoning Ordinance Amendment 2005-083 Adopted: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT #1 Planning Commission Minutes November 22, 2005 He would encourage staff to look more at design rather than density. Form based codes may make more sense in this instance. The public facade is more important than the uses. The City needs to ensure the public street scene is consistent in regard to landscaping, arches, entry points. Chairman Kirk stated his concern that increasing density would increase the property values which can prohibit development. 8. Commissioner Quill stated his concern is not density, but the design. He thinks there is a need to encourage an architectural style in the Village area. 9. Commissioner Daniels stated underground parking should be encouraged. 10. There being no questions, Chairman Kirk asked if there was any other public comment. Mr. Lucas Coronel, adjacent property owner, stated his concerns were height and density. This is the same height as the Embassy Suites project and this is to be 47 feet right in the middle of downtown, right next to the curb. It is a great concept but height should be a consideration. 1 1. Ms. Audrey Ostrowsky, P. 0. Box 351, La Quinta, stated she does not understand how Mr. Coronel could object to this project. 12. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened for Commission discussion. 13. There being no further discussion, it was moved and seconded by Commissioners Daniels/Quill to accept Option 1 and directed staff to prepare a General Plan Amendment. Unanimously approved. E. Zoning Code Amendment 2005-083; a request of the City for consideration of an Amendment to Chapter 9.200.020 and 9.210.010 of the Municipal Code relating to Site Development Permits. 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 Community Development Department. G:\WPDOCS\PC: Minutes\11-22-05.doc Planning Commission Minutes November 22, 2005 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels clarified this action would happen once the appeal period had expired. City Attorney Kathy Jenson stated yes. Commissioner Daniels stated he did not believe this would resolve any of the issues that had instigated this action. 3. Chairman Kirk asked why it was before the Commission. It is a Council driven decision. Staff noted the Code requires it to go before the Commission. 4. City Attorney Kathy Jenson clarified that if no action was taken by the Commission, it would go forward to the Council with a report of no action being taken. She would recommend forwarding it to the Council as being there prerogative. 5. Chairman Kirk asked if there was any public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 6. It was moved and seconded by Commissioners Daniels/Quill to forward the matter to the Council. Unanimously approved. VI. BUSINESS ITEMS: A. Site Development Permit 2005-829, Landscaping Plan; a request of Tarlos and Associates for consideration of a revised landscaping plan for a Wendy's Restaurant located at the northeast corner of Auto Center Drive and La Quinta Drive. 1. Chairman Kirk asked for the staff report. Consulting Planner Nicole Criste 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. There being no questions of staff Chairman Kirk asked if the applicant would like to address the Commission. 3. There being no further discussion, it was moved and seconded by Commissioners Daniels/Ladner to adopt Minute Motion 2005-015, approving the landscaping plans for Site Development Permit 2005-829, recommended. Unanimously approved. a G:\WPDOCS\PC Minutes\11-22-05.doc